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Board of Directors Chamber
Little Rock, Arkansas
January 5, 1988 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Lottie Shackelford presiding. City
Clerk Jane Czech was present and called the roll with the following
Directors in attendance: Directors Priest, Benafield,
Milton, Prince and Villines - total 5; Absent - Director Bussey
- total 1.
With a quorum present, Mayor Shackelford declared the Board of
Directors in session.
The Invocation was given by Director Benafield.
The first presentation was Resolution No. 7,8771 entitled:
A RESOLUTION COMMENDING MARTY DUNWOODY FOR HER WOMAN'S WORLD
SCUBA RECORD DIVE OF 345 FEET IN BIMINI, BAHAMAS;
and the Resolution was read in its entirety. Mrs. Dunwoody was
present and Assistant Mayor Villines presented her with a Certificate
of Appreciation, a City of Little Rock T -Shirt and Cup. A motion then
followed by Director Prince and seconded by Director Milton, that the
Resolution be adopted. A roll call vote was taken and the Resolution
was subsequently adopted by the following vote: Ayes - Directors
Benafield and Milton, Mayor Shackelford, Directors Prince, Villines
and Priest - total 6; Noes - None; Absent - Director Bussey - total
1.
Mayor Shackelford welcomed Mr. Mark Johnson who was present to
observe the Board Meeting.
Ordinance No. 15,402 was introduced, with the title being:
AN ORDINANCE APPROPRIATING $200,000.00 FOR THE NEW FUTURES
PROGRAM FROM THE ECONOMIC AND NEIGHBORHOOD DEVELOPMENT PROGRAM; AND
FOR OTHER PURPOSES;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Benafield, seconded by
Director Villines, and 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. The Ordinance was then read
the second time. There was an ensuing motion again made by Director
Benafield and seconded by Director Villines, 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 the 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
last reading of the Ordinance. . The passage of the Ordinance was then
submitted to an Aye and No Vote which resulted as follows: Ayes -
Directors Benafield and Milton, Mayor Shackelford, Directors Prince,
Villines and Priest - total 6; Noes - None; Absent - Director Bussey
- total 1. Therefore, the Ordinance was declared PASSED.
The Consent Agenda was considered next, consisting of the
following items:
(a) The reading of the Minutes of the previous meeting held
December 15, 1987.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of November, 1987.
(c) The Annual Audit Report of the Oakland - Fraternal Cemetery
for the period ending October 31, 1987.
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January 5, 1988, Cont'd.
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(d) Resolution No. 7,878, containing the following caption:
A RESOLUTION ACCEPTING THE DONATION OF 13 LOTS CONTAINING
APPROXIMATELY FIVE ACRES IN THE FOURCHE BOTTOMS FOR OPEN SPACE AND
FLOODWAY CONTROL.
(e) Resolution No. 7,879, entitled:
A RESOLUTION COMMENDING RALPH E. BEADLE, SARA A. BEADLE,
ROBERT BEADLE AND MARILYN L. BEADLE FOR THE DONATION OF THIRTEEN LOTS
CONTAINING APPROXIMATELY FIVE ACRES IN THE FOURCHE BOTTOMS.
(f) Resolution No. 7,880, with the title being:
A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO
VACATE AND CLOSE THE ALLEY IN BLOCK 10 OF PULASKI HEIGHTS ADDITION TO
THE CITY OF LITTLE ROCK, ARKANSAS.
By a motion from Director Villines, seconded by Director Priest, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held December 15, 1987 were approved as written and
summarized 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 November, 1987 was received and filed;
,
(c) The Annual Audit Report of the Oakland - Fraternal Cemetery for the
period ending October 31, 1987 was received and filed; and (d, e & f)
Resolutions No. 7,878, 7,879 and 7,880, were read in full and adopted
by the following roll call vote: Ayes - Directors Benafield and
Milton, Mayor Shackelford, Directors Prince, Villines and Priest -
total 6; Noes - None; Absent - Director Hussey - total 1.
No one was present to speak at the time allotted for Citizen
Communications.
Director Milton commented that he had received complaints about
the Police Department's alleged failure to respond to or handle calls
properly. He requested that City Manager Tom Dalton provide feedback
regarding Police Department communications at the Agenda Meeting on
January 13, 1988.
Director Prince remarked that two intersections in the City of
Little Rock are worthy of stop lights; Highway No. 10 and Rodney
Parham Road and Pleasant Valley Drive and Rodney Parham Road.
Director Prince stated he would appreciate some response regarding the
intersections. Mr. Dalton advised that staff is in continual contact
with the State Highway Department and doing everything possible to
obtain the traffic light on Highway No. 10.
Consideration was then given to Ordinance No. 15,403, containing
the following heading:
'
AN ORDINANCE ADOPTING THE EAST LITTLE ROCK DISTRICT LAND USE PLAN
TO BE USED AS A GUIDE FOR FUTURE LAND USE DECISIONS;
and the Ordinance was read the first time. The rules were then
suspended to provide for the second reading of the Ordinance, by a
motion made by Director Villines, seconded by Director Priest, and
unanimously adopted by the Board Members present, being six in number
and two - thirds or more of the members of the Board of Directors - elect.
There was a second reading of the Ordinance followed by a subsequent
motion made and seconded by Directors Villines and Priest,
respectively, to suspend the rules and place the Ordinance on third
and final reading. The motion received unanimous adoption by the
Board Members present, being six 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. The question of passage of the
Ordinance was then submitted to an Aye and No Vote, which received the
following response: Ayes - Directors Benafield and Milton, Mayor
Shackelford, Directors Prince, Villines and Priest - total 6; Noes -
None; Absent - Director Bussey - total 1. Whereupon, the Ordinance
was declared PASSED.
Zoning Application Z -4890 filed by Paul C. and Starr Watson to
rezone 1309 Bishop Street, described as Lot 3, Block 12, Centennial
Addition, from "0 -3" General Office to "R -4" Two Family District, was
next presented. The Planning Commission approved the application on
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January 5, 1988, Cont'd.
December 1, 1987. No opposition was presented to the proposal and
Ordinance No. 15,404 was presented, with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -4890 - 1309 Bishop Street, from 'o -3' to 'R -4' District)
with the Ordinance being read the first time, followed by a motion
from Director Villines to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Priest and
adopted by unanimous vote of the Board Members present, being six in
number and two - thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Villines and
Priest, respectively, and unanimously adopted by the Board Members
present, being six 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, there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Directors Benafield and Milton, Mayor Shackelford, Directors Prince,
Villines and Priest - total 6; Noes - None; Absent - Director Bussey
- total 1. The Ordinance was then declared PASSED.
Zoning Application Z -4898 from Jim W. Jones was introduced next.
The application to rezone 12721 I -30, from "R -2" Single Family to "C-
4" Open Display District, was approved by the Planning Commission on
December 1, 1987. No opposition to the rezoning was presented and
Ordinance No. 15,405 was considered, with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -4898 - 12721 I -30 from 'R -2" to 'C -4" District)
and after a first reading of the Ordinance, there was a motion by
Director Villines, seconded by Director Priest, to suspend the rules
and place the Ordinance on second reading. 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. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Villines and
Priest, respectively, to suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present, being six 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. The Aye and No Vote taken on passage
of the Ordinance received the following response: Ayes - Directors
Benafield, Milton, Mayor Shackelford, Directors Prince, Villines and
Priest - total 6; Noes - None; Absent - Director Bussey - total 1.
Whereupon, the Ordinance was declared PASSED.
The next presentation was Zoning Application Z -4916, filed by
John A. and Edna L. Mattingly. The application requested the
reclassification of the southeast corner of 65th Street and West
Wakefield Drive, from "C -3" General Commercial to "C -4" Open Display
District. The Planning Commission approved the zoning change on
December 11 1987. No one opposed the reclassification and Ordinance
No. 15,406 was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -4916 - S/E Corner 65th Street and West Wakefield Drive)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Villines and seconded by Director Priest, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Villines that the rules again be
suspended and the Ordinance be placed on third and final reading.
Director Priest seconded the motion which was adopted by unanimous
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January 5, 1958, Cont'd.
vote of the 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 ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Benafield, Milton,
Mayor Shackelford, Directors Prince, Villines and Priest - total 6;
Noes - None; Absent - Director Bussey - total 1. The Ordinance was
then declared PASSED.
Consideration was then given to Zoning Application Z -4932 filed
by Joe Davis for R. G. Harrison Enterprise to rezone 317 Gamble Road.
(long legal description) in the City of Little Rock, from "R -2" Single
Family to "0 -3" Office and Institutional District. The application
was approved by the Planning Commission on December 1, 1987. No
opposition was presented to the rezoning and Ordinance No. 15,487 was
presented, with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -4932 - 317 Gamble Road, from "R -2° to •0-3° District)
with the Ordinance being read the first time, after which there was a
motion by Director Villines for suspension of the rules and the
placing of the Ordinance on second reading. The motion was seconded
by Director Priest, and 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 second reading of the
Ordinance followed, with a motion being made by Director Villines,
seconded by Director Priest, to further suspend the rules and place
the Ordinance on third and final reading. With the motion having been
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, the Ordinance was read the third and last time.
The resulting Aye and No Vote taken on passage of the Ordinance is
herein recorded as follows: Ayes - Directors Benafield, Milton, Mayor
Shackelford, Directors Prince, Villines and Priest - total 6; Noes -
None; Absent - Director Bussey - total 1. Mayor Shackelford then
announced that the Ordinance had PASSED.
The next presentation was Zoning Application Z -4934 to rezone #1
Cantrell Place, Fairfield Office Park on Cantrell Road, from "0 -3"
Office and Institutional District to "C -3" General Commercial
District. The application was filed by Ron Tabor for F. T. P.
Properties and received approval by the Planning Commission on
December 1, 1987. No opposition was presented to the reclassification
and Ordinance No. 15,488 was introduced, with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -4934 - #1 Cantrell Place, from 'O -3" to 'C -3' District)
and after a first reading of the Ordinance, there was a motion by
Director Villines, seconded by Director Priest, to suspend the rules
and place the Ordinance on second reading. 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, and the second reading of the Ordinance ensued. A
subsequent motion was made by Director Villines, again seconded by
Director Priest, to further suspend the rules and place the Ordinance
on third and final reading. 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.
There was a third and final reading of the Ordinance after which an
Aye and No Vote was taken on the question, Shall the Ordinance Pass,
with the results recorded as follows: Ayes - Directors Benafield,
Milton, Mayor Shackelford, Directors Prince, Villines and Priest -
total 6; Noes - None; Absent - Director Bussey - total 1.
whereupon, the Ordinance was declared PASSED.
The last Zoning Application Z -4937 to be considered was filed by
Mr. Steve Bonds of The Hathaway Group for Orbit Valve Profit Sharing
Plans A & B, to rezone 2 acres south of Mabelvale Pike and east of
North Chicot, adjacent to Beverly Terrace Subdivision, from "R -2"
Single Family to "0-3" Office and Institutional and "OS" Open Space I I
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January 5, 1988, Cont'd.
Districts, as approved by the Planning Commission on December 1, 1987.
No opposition was presented to the request and Ordinance No. 15,409
was presented, containing the following caption:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -4937 - 2 acres south of Mabelvale Pike and east of North Chicot
Road, from "R -2" to 00-3' and "OS" Districts)
and said Ordinance was read the first time, followed by a motion from
Director Villines, seconded by Director Priest, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the 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 a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Villines, seconded by Director
Priest, and 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. The Ordinance was read the third and
last time, and there was an Aye and No Vote taken on the passage of
the Ordinance, with the response being: Ayes - Directors Benafield,
Milton, Mayor Shackelford, Directors Prince, Villines and Priest -
total 6; Noes - None; Absent - Director Bussey - total 1. The
Ordinance was then declared PASSED.
A proposed Ordinance was placed on the Agenda entitled: "An
Ordinance awarding a contract for the I- 430/36th Street Interchange
feasibility study; Appropriating $10,000.00; Waiving competitive
bidding; And for other purposes." City Manager Tom Dalton announced
that the item had been deleted from the Agenda and bids would be taken
later; therefore, no action was taken.
The next presentation was Ordinance No. 15,410, described as:
AN ORDINANCE AWARDING A CONTRACT TO MATSON CONSTRUCTION COMPANY
FOR CONSTRUCTION OF THE STAGE /PAVILION AT RIVERFRONT PARK EAST; AND
APPROPRIATING $140,000.00 FROM THE 1977 CAPITAL IMPROVEMENT FUND PARK
IMPROVEMENT CONTINGENCY PROJECT 9712;
and after a first reading of the Ordinance, there was a motion by
Director Villines, seconded by Director Priest, to suspend the rules
and place the Ordinance on second reading. 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, and the second reading of the Ordinance followed. A
subsequent motion was again made by Director Villines to further
suspend the rules and place the Ordinance on third and final reading,
which motion was seconded by Director Priest, and adopted by unanimous
vote of the 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. There was a third and last reading of the Ordinance,
after which an Aye and No Vote was taken on passage of the Ordinance
and resulted as follows: Ayes - Directors Benafield, Milton, Mayor
Shackelford, Directors Prince, Villines and Priest - total 6; Noes -
None; Absent - Director Bussey - total 1. It was then announced that
the Ordinance had PASSED.
Resolution No. 7,881 was introduced next, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
NECESSARY DOCUMENTS TO RELINQUISH RIGHT -OF -WAY ON EVERGREEN ROAD;
(Sanitary Sewer Easement located at Lot 6, Muench Replat of Block 2,
Pleasant Hill Addition to the City of Little Rock.)
and there was a complete reading of the Resolution. A motion was made
by Director Benafield and seconded by Director Villines, that the
Resolution be adopted. A roll call vote was taken and the Resolution
was adopted as follows: Ayes - Directors Benafield, Milton, Mayor
Shackelford, Directors Prince, Villines and Priest - total 6; Noes -
None; Absent - Director Bussey - total 1.
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At 6:35 o'clock
P. M.,
Mayor
Shackelford announced
that
the Board
I I
of Directors
would
recess
to
executive session in
the
Board's
January 5, 1988, Cont'd.
Conference Room, for the purpose of considering appointments to
various.Boards and Commissions and to evaluate City Manager Tom Dalton
and City Attorney Mark Stodola.
When the Board of Directors reconvened at 8:15 o'clock P. M. from
executive session, Mayor Shackelford presided and the following
Directors answered roll call: Directors Priest, Benafield, Milton and
Villines - total 4; Absent - Directors Bussey and Prince - total 2.
Resolution No. 7,882 was then presented, with the title being:
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE ARTS
AND HUMANITIES PROMOTION COMMISSION;
(City Director F. G. "Buddy" villines appointed; Judge Henry Jones,
Jr. and Ann Nicholson reappointed.)
and there was a complete reading of the Resolution. A motion was made
by Director Benafield, seconded by Director Priest, that the
Resolution be adopted. A roll call vote followed and the Resolution
was subsequently adopted as follows: Ayes - Directors Benafield and
Milton, Mayor Shackelford, Directors Villines and Priest - total 5;
Noes - None; Absent - Directors Bussey and Prince - total 2.
Mayor Shackelford announced that the annual evaluations of City
,
Manager Tom Dalton and City Attorney Mark Stodola were completed; that
the Board of Directors was pleased with the performances of both
employees; and, that each had received an annual salary increase of
$5,000.00.
There being no further business to be presented, it was moved by
Director Villines, seconded by Director Benafield, and unanimously
carried that this meeting be adjourned at 8:20 o'clock P. M., and that
the Board of Directors convene in regular session on Tuesday, January
19, 1988 at 6:00 o'clock P. M.
ATTEST: ( ,Ck APPROVED:
City Clerk Jane Czech Mayor Lottie Shackelford
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Board of Directors' Chamber
Little Rock, Arkansas
II III January 19, 1988 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas met in regular
session with Mayor Lottie Shackelford presiding and Jane Czech, City Clerk was
present. The following Directors answered roll call: Directors Priest,
Benafield, Milton and Villines - total 4; Absent - Directors Bussey and
Prince - total 2.
Mayor Shackelford announced that a quorum was present and the proceedings
of the meeting are recorded as follows.
The Invocation was given by Director Milton.
The Consent Agenda was the first presentation, consisting of the following
items:
(a) Approval of the Minutes of the previous meeting held January 5, 1988.
(b) Resolution No. 7,883, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR UNIFORMS AND CLOTHING FOR THE LITTLE ROCK
POLICE DEPARTMENT.
' (c) Resolution No. 7,884,.with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR GRASS SOD FOR THE PARKS AND RECREATION
DEPARTMENT.
(d) Resolution No. 7,885, described as:
A RESOLUTION APPOINTING SUCCESSOR COMMISSIONERS FOR QUAPAW
CENTRAL BUSINESS IMPROVEMENT DISTRICT OF LITTLE ROCK, ARKANSAS.
(John Jarrard, Ginny Heard & George Eldridge)
Resolution No. 7,886 appearing on the Agenda as Item G -12 was read
in the Consent Agenda, entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
ROCK, ARKANSAS ENDORSING THE DEVELOPMENT OF A MULTI - PURPOSE
PERFORMING ARTS COMPLEX FOR THE ARKANSAS REPERTORY THEATRE AND '
SHOWING A SPECIFIC INTENT TO ASSIST IN FINANCING SAID DEVELOPMENT
PROJECT.
(e) A Resolution establishing a temporary moratorium on the approval
or extension of individual water tie -ons, water main extensions
and sewer utility tie -ons and sewer main extensions, was removed
from the Consent Agenda and considered separately. (See
Resolution No. 7,887 below)
(f) A Motion to set the date for public hearing on February 16, 1988,
on an Ordinance amending Chapter 43 of the Code of Ordinances of
the City of Little Rock, Arkansas, providing for the modification
of various sections regulating the 'location of mobile homes and
manufactured housing within the City of Little Rock.
By motion from Director Priest, seconded by Director Villines, 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 meeting held
January 5, 1988 were approved as written and summarized to the members of
the Board of Directors; (b, c, d and G -12) Resolutions No. 7,883, 7,884,
7,885 and 7,886 were read in full and adopted by the following roll call
vote: Ayes - Director Milton, Mayor Shackelford, Directors Villines, Priest
and Benafield - total 5; Noes - None; Absent - Directors Bussey and
Prince - total 2; (e) was removed from the Consent Agenda and considered
separately; and (f) A public hearing was set on February 16, 1988 to consider
an Ordinance amending Chapter 43 of the Code of Ordinances of the City of
Little Rock, Arkansas, providing for the modification of various sections
regulating the location of mobile homes and manufactured housing within the
City of Little Rock.
Resolution No. 7,887 was the next presentation, containing the following
caption:
A RESOLUTION ESTABLISHING A TEMPORARY MORATORIUM ON THE APPROVAL OR
EXTENSION OF INDIVIDUAL WATER TIE -ONS, WATER MAIN EXTENSIONS A14D SEWER
' UTILITY TIE -ONS AND SEWER MAIN EXTENSIONS;
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JANUARY 19, 1988, Cont'd.
and the Resolution was read in full. A group of citizens was present in
opposition to the moratorium. Attorney Dan Kroha, representing Mabelvale/
Alexander Sewer Improvement District No. 142 told the Board of Directors
that he was not opposed to the recent policies of the City Manager's Office
but, he was opposed to any restrictions on expansion of District 142's
tax base which would be a violation of public trust, and that "not one penny
of Little Rock's money was used to construct the sewer lines in the District."
He said that even a temporary moratorium of sewer tie -ons would have a
"chilling effect" on development in Saline County that could expand the
District 142 tax base. Mr. Kroha stated that State Law prohibits annexations
across county lines; therefore, the requirement of annexation in order to
receive water and sewer tie -ons would be prohibitive. He felt it unreasonable
to restrict sewer tie -ons to District No. 142 and asked that an exception be
made for Sewer Improvement District No. 142 by not including the District
in the moratorium. A discussion among Board Members ensued regarding the
length of the moratorium and it was suggested that the Resolution be amended
to expire February 2, 1988, since the Board of Directors will be considering
a Resolution on February 2, 1988 supporting quality growth in the City of
Little Rock. City Attorney Mark Stodola disagreed with Mr. Kroha's inter-
pretation of the law regarding annexations across county lines. Mr. John
McCaleb, 4600 Annette Lane, said that proposed utility extension limits were
"one of the most ridiculous things I've seen "; adding, "they would run
industry out of Little Rock - you can't turn the water on and off at will."
Mr. Rodney Myers, developer of the proposed Chartewell Valley Subdivision
in Saline County, who wants city water and sewer service for the 1,500 -acre
residential development, also spoke in opposition to the moratorium.
Director Priest explained to Mr. Myers that "this policy is not directed
at you ", and Director Benafield said Mr. Myers,was not being singled out.
Following the discussion, a motion was made by Director Villines, seconded
by Director Benafield, to amend Section 1 of the Resolution as follows: "A
moratorium shall be temporarily in effect until February 2, 1988, barring
all individual water and sewer utility tie -ons and main extensions." The
motion was unanimously adopted by voice vote of the Board Members present
with the response being. Ayes - Director Milton, Mayor Shackelford, Directors
Villines, Priest and Benafield - total 5; Noes - None; Absent - Directors
Bussey and Prince - total 2. The ensuing motion and second to adopt the
Resolution, as amended, was offered by Directors Priest and Benafield,
respectively, with the roll call vote recorded as follows: Ayes - Director
Milton, Mayor Shackelford, Directors Villines, Priest and Benafield - total 5;
Noes - None; Absent - Directors Bussey and Prince - total 2. Therefore,
the Resolution, as amended, was adopted.
At this point in the meeting Resolution No. 7,888 was presented, with
the title being:
A RESOLUTION MAKING AN APPOINTMENT TO THE ADVERTISING AND PROMOTION
COMMISSION;
(Mr. Wally Allen was appointed to the Advertising and Promotion Commission
to fill the unexpired term of Kenneth J. Bowen, said term to expire May 4,
1989.)
and there was a complete reading of the Resolution. A motion then followed
by Director Benafield and seconded by Director Milton, that the Resolution
be adopted. A roll call was taken and the Resolution was subsequently
adopted by the following vote: Ayes - Director Milton, Mayor Shackelford,
Directors Villines, Priest and Benafield - total 5; Noes - None; Absent -
Directors Bussey and Prince - total 2.
At the time allotted for Citizen Communications, Mr, Mike McCarthy of
the Salvation Army presented a request for that agency to dump free at the
City Landfill on Arch Street Pike. Mr. McCarthy said the Salvation Army picks
up five loads of donated items a day, two of which ends up at the Landfill,
that the City would otherwise have to dispose of. lie advised the Salvation
Army pay approximately $666.00 per month for dumping at the Landfill. Mayor
Shackelford directed the Staff to study the request and present a report to
the Directors.
Ms. Gloria Harris, a resident of Booker Homes and representing "Parents
for Better Education ", requested an appropriation of $3,000.00 to $4,000.00
to help establish a library in the Granite Mountain Area. She said some
cash donations and space have been pledged for the facility. Ms. Harris
said residents in her area could not use the downtown library due to
transportation problems. City Manager Tom Dalton was directed to review
this request also, and report back to the Board.
Ordinance No. 15,411 was introduced and contained the following title:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH THE ARKANSAS COMMUNITY FOUNDATION AND FOR OTHER PURPOSES;
($50,000 for Cornerstone Project - "Youth at Risk" - Contract authorized
to provide services to the Little Rock Police Department)
I
C�
JANUARY 19, 1988, Cont'd.
with the Ordinance being read the first time, followed by a motion from
Director Villines for suspension of the rules and the placing of the Ordinance
on second reading. The motion was seconded by Director Priest and unanimously
adopted by 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. A
second reading of the Ordinance followed, with a motion being made by Director
Villines and again seconded by Director Priest, to suspend the rules and place
the Ordinance on third and final reading. With the motion having been un-
animously adopted by 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 read the third and last time. The resulting Aye
and No Vote taken on passage of the Ordinance received the following response:
Ayes - Director Milton, Mayor Shackelford, Directors Villines, Priest and
Benafield - total 5; Noes - None; Absent - Directors Bussey and Prince -
total 2. Mayor Shackelford then announced that the Ordinance be PASSED.
Introduced next was Ordinance No. 15,414, entitled:
AN ORDINANCE REPEALING ORDINANCE NO. 14,413 AND REVOKING A "PRD" DISTRICT
TITLED &TH AND VALENTINE "SHORT- FORM" PRD IN THE CITY OF LITTLE ROCK;
(Lots 1 and 2, Block 1, Central Heights Addition)
1
and there was a first reading of the Ordinance. A motion was then made by
Director Villines, seconded by Director Benafield, that the rules be suspend-
-
ed and the Ordinance be placed on second reading, with the motion being
unanimously adopted by 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 subsequently read the second time, resulting in
a motion again made by Director Villines and seconded by Director Benafield,
for a further suspension of the rules to permit the third and final reading.
The motion was unanimously adopted by voice 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 the Ordinance was read the
third and last time. There was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, resulting in the following vote: Ayes - Director
Milton, Mayor Shackelford, Directors Villines, Priest and Benafield - total 5;
Noes - None; Absent - Directors Bussey and Prince - total 2. Whereupon, the
Ordinance was declared PASSED.
Ordinance No. 15,412 was the next presentation, entitled:
AN ORDINANCE AUTHORIZING A CONTRACT WI ^1H STEPPING STONE, INC. FOR SERVICES
TO BE PROVIDED TO THE LITTLE ROCK POLICE DEPARTMENT AND THE LITTLE ROCK
14UNICIPAL COURTS; AND FOR OTHER PURPOSES;
($25,000 to provide services to the Little Rock Police Department and the
Municipal Courts - youth -at -risk runaways, etc.)
and the Ordinance was read the first time. Ms. Donna McLarty, 3 Greenbrier
Road presented the proposal by Stepping Stone, Inc. pointing out the program
provides emergency shelter for homeless and runaway youths; provides
specialists who monitor the arrest and intake of juveniles in order to
determine eligibility for the Home Attention Program; and has a diversion
'
program which offers alternative forms of sentencing by the Municipal Courts.
These services are provided on a twenty -four hour a day, seven days a week
basis. In the brief discussion following, Director Benafield warned that
the respective $50,000 and $25,000 contracts are one -time expenditures. A
motion was then made by Director Villines, seconded by Director Benafield,
to suspend the rules and place the Ordinance on second reading. The motion
was unanimously adopted by 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 the second reading of the Ordinance ensued. A subsequent motion
was again made by Director Villines and seconded by Director Benafield, to
suspend the rules and place the Ordinance on third and final reading. The
motion was unanimously adopted by 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. There was a third and final reading of the Ordinance after
which an Aye and No Vote was taken on passage of the Ordinance and resulted
as follows: Ayes - Director Milton, Mayor Shackelford, Directors Villines,
Priest and Benafield - total 5; Noes - None; Absent - Directors Bussey and
Prince - total 2. The Ordinance was then declared PASSED.
Consideration was then given to Ordinance No. 15,413, described as:
AN ORDINANCE APPROVING MODIFICATIONS TO A PLANNED COMMERCIAL DEVELOPMENT
AND PROVIDING FOR THE MAINTENANCE OF A PCD DISTRICT ENTITLED LAQUINTA PCD
(Z- 3143 -B) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NO. 14,135
AS AMENDED BY ORDINANCE 14,824 AND CHAPTER 43, ARTICLE VI, SECTION 6 -101 OF
THE CITY OF LITTLE ROCK: AND FOR OTHER PURPOSES;
(Lot 2, LaQuinta Replat, Block 7 and part of Block 2, Perry Heights. Addition
to the City of Little Rock, Pulaski County, Arkansas)
with the Ordinance being read the first time, followed by a motion from
Director Villines for suspension of the rules and the placing of the Ordinance
on second reading. The motion was seconded by Director Priest and unanimously
adopted by 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. A
second reading of the Ordinance followed, with a motion being made by Director
Villines and again seconded by Director Priest, to suspend the rules and place
the Ordinance on third and final reading. With the motion having been un-
animously adopted by 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 read the third and last time. The resulting Aye
and No Vote taken on passage of the Ordinance received the following response:
Ayes - Director Milton, Mayor Shackelford, Directors Villines, Priest and
Benafield - total 5; Noes - None; Absent - Directors Bussey and Prince -
total 2. Mayor Shackelford then announced that the Ordinance be PASSED.
Introduced next was Ordinance No. 15,414, entitled:
AN ORDINANCE REPEALING ORDINANCE NO. 14,413 AND REVOKING A "PRD" DISTRICT
TITLED &TH AND VALENTINE "SHORT- FORM" PRD IN THE CITY OF LITTLE ROCK;
(Lots 1 and 2, Block 1, Central Heights Addition)
1
10
JANUARY 19, 1988, Cont'd.
and the Ordinance was read the first time. A motion followed whereby the rules
were suspended to allow for the second reading of the Ordinance. The motion
was made by Director Villines; seconded by Director Priest, and unanimously
adopted by 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
Villines and seconded by Director Priest, 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 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;
whereupon, there was a third and last reading of the Ordinance. The passage of
the Ordinance was then submitted to an Aye and No Vote which resulted as follows:
Ayes - Director Milton, Mayor Shackelford, Directors Villines, Priest and Bena-
field - total 5; Noes - None; Absent - Directors Bussey and Prince - total 2.
Therefore, the Ordinance was declared PASSED.
Ordinance No. 15,415 was next presented, with the title being:
AN ORDINANCE AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF
i
LITTLE ROCK (ZONING MAP) - 7TH & VALENTINE PRD DISTRICT (Z- 3948 -A);
and after a first reading of the Ordinance, there was a motion by Director Villines,
i
seconded by Director Priest, to suspend the rules and place the Ordinance on
second reading. The motion was unanimously adopted by 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Villines and
Priest, respectively, to further suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by the Board
Members present, being five 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. The question, Shall the Ordinance Pass, was submitted to an Aye and No
Vote, which received the following response: Ayes - Director Milton, Mayor
Shackelford, Directors Villines, Priest and Benafield - total 5; Noes - None;
Absent - Directors Bussey and Prince - total 2. Whereupon, the Ordinance was
declared PASSED.
The next presentation was Ordinance No. 15,416, containing the following
caption:
AN ORDINANCE APPROVING AND ESTABLISHING A PRD DISTRICT ENTITLED AAKP "SHORT -
FORM" PRD (Z -4943) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43
OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES;
(Lots 1 & 2, Block 1, Central Heights Addition - For the Arkansas Kidney Patients
Association located at the S/W Corner of Valentine and 7th Streets.)
and said Ordinance was read the first time, followed by a motion from Director
Villines to suspend the rules and place the Ordinance on second reading. The
motion was seconded by Director Priest and adopted by unanimous vote of the
Board Members present, being five in number and two- thirds or more of the
members of the Board of Directors- elect, and a second reading of the Ordinance
followed. The rules were again suspended and the Ordinance placed on third
and final reading by a motion made and seconded by Directors Villines and Priest,
respectively, and unanimously adopted by the Board Members present, being five
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, there was an Aye and No
Vote taken on the question, Shall the Ordinance Pass, with the results recorded
as follows: Ayes - Director Milton, Mayor Shackelford, Directors Villines,
,
Priest and Benafield - total 5; Noes - None; Absent - Directors Hussey and
Prince - total 2. It was announced that the Ordinance had PASSED.
A public hearing had been scheduled by Resolution No. 7,880, and notice
thereof duly published on January 11, 1988 and January 18, 1988, on the petition
from Edward L. Cullum and William W. Watt, to vacate and close the alley in
Block 10, Pulaski Heights Addition to the City of Little Rock, Arkansas, as
approved by the Planning Commission. Attached to the petition was a certified
copy of the plat of Pulaski Heights Addition to the City of Little Rock, and a
letter from the Little Rock Abstract Company listing the last apparent owners
of record to abutting property. Mayor Shackelford then declared the public
hearing open and with no one present who wished to speak in opposition to the
proposed closing, a motion was made by Director Benafield, seconded by Director
Villines, and unanimously adopted that the public hearing be closed. Ordinance
No. 15,417 was then presented, described as:
AN ORDINANCE VACATING AND CLOSING ALL OF THE ALLEY IN BLOCK 10 OF PULASKI
HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
and after a first reading of the Ordinance, there was a motion by Director Villines,
seconded by Director Priest, to suspend the rules and place the Ordinance on
second reading. The motion was unanimously adopted by 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. There was a second reading of the Ordinance,
followed by a subsequent motion again made and seconded by Directors Villines
and Priest, to further suspend the rules and place the Ordinance on third and
final reading. The motion received unanimous adoption by the Board Members
'
present, being five 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.
11
JANUARY 19, 1988, Cont'd.
The question, Shall the Ordinance Pass, was submitted to an Aye and No Vote,
which received the following response: Ayes - Director Milton, Mayor Shackel-
ford, Directors Villines, Priest and Benafield - total 5; Noes - None;
Absent - Directors Bussey and Prince - total 2. Mayor Shackelford then
announced that the Ordinance had PASSED.
The next presentation was Ordinance No. 15,418, entitled:
AN ORDINANCE CONDEMNING CERTAIN STRUCTURES I14 THE CITY OF LITTLE ROCK AS
STRUCTURAL, FIRE AND HEALTH HAZARDS; DIRECTING THE CITY ATTORNEY TO TAKE SUCH
ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID STRUCTURES; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES;
with the Ordinance being read the first time, after which there was a motion
by Director Villines for suspension of the rules and the placing of the
Ordinance on second reading. The motion was seconded by Director Priest,
and unanimously adopted by 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. A second reading of the Ordinance followed, with a motion being made
by Director Villines, seconded by Director Priest, to further suspend the
rules and place the Ordinance on third and final reading. With the motion
having been unanimously adopted by 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 read the third and last time. The
resulting Aye and No Vote taken on passage of the Ordinance is herein recorded
as follows: Ayes - Director Milton, Mayor Shackelford, Directors Villines,
Priest and Benafield - total 5; Noes - None; Absent - Directors Bussey and
Prince - total 2.
The Emergency Clause contained in Section 5 of the foregoing Ordinance
was then read and adopted by the following roll call vote: Ayes - Director
Milton, Mayor Shackelford, Directors Villines, Priest and Benafield - total 5;
Noes - None; Absent - Directors Bussey and Prince - total 2. Therefore,
the Ordinance together with the Emergency Clause was declared PASSED.
Ordinance No. 15,419 was introduced next, described as:
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 All EMERGENCY; AND FOR OTHER
PURPOSES;
and after a first reading of the Ordinance, there was a motion by Director
Villines, seconded by Director Priest, to suspend the rules and place the
Ordinance on second reading. The motion was unanimously adopted by 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 the second reading of the
Ordinance ensued. A subsequent motion was then made by Director Villines,
seconded by Director Priest, to suspend the rules and place the Ordinance on
third and final reading. The motion was unanimously adopted by 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. There was a third and final
reading of the Ordinance after which an Aye and No Vote was taken on passage
of the Ordinance and resulted as follows: Ayes - Director Milton, Mayor
Shackelford, Directors Villines, Priest and Benafield - total 5; Noes - None;
Absent - Directors Bussey and Prince - total 2.
The Emergency Clause contained in Section 5 of the foregoing Ordinance
was then read and adopted by the following roll call vote: Ayes - Director
Milton, Mayor Shackelford, Directors Villines, Priest and Benafield - total 5;
Noes - None; Absent - Directors Bussey and Prince - total 2. It was announced
that the Ordinance with the Emergency Clause had PASSED.
Consideration was then given to Ordinance No. 15,420, with the title being:
AN ORDINANCE PROVIDING FOR THE NAMING OF THE WILBUR D. MILLS BRIDGE;
with the Ordinance being read the first time, followed by a motion from Director
Villines for suspension of the rules and the placing of the Ordinance on second
reading. The motion was seconded by Director Priest and unanimously adopted by
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. A second reading of
the Ordinance followed, with a motion being made by Director Villines and again
seconded by Director Priest, to suspend the rules and place the Ordinance on
third and final reading. With the motion having been unanimously adopted by
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 read
the third and last time. The resulting Aye and No Vote taken on passage of
the Ordinance received the following response: Ayes - Director Milton, Mayor
Shackelford, Directors Villines, Priest and Benafield - total 5; Noes - None;
Absent - Directors Bussey and Prince - total 2. Mayor Shackelford then
announced that the Ordinance had PASSED.
1
L �
JANUARY 19, 1988, Cont'd.
A proposed Ordinance was considered next and contained the following
I
heading:
AN ORDINANCE APPROVING A PRD DISTRICT TITLED ZION TERRACE "SHORT -FORM"
'
PRD (Z -4924) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF
THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES;
(38th & Zion Streets described as all of Block 90, less and except
Lots 5 & 6, John Barrow Addition to the City of Little Rock, Arkansas)
and the proposed Ordinance was read the first time. Mr. George B. Mays,
4505 Randolph Road, North Little Rock, Arkansas was present to answer
questions from Board Members concerning the proposed development. He
explained the houses would consist of three bedrooms and contain 900 to
1400 square feet. There were some concerns regarding the cost of the
housing being referred to as "affordable housing." Mr. Mays advised
the reason for the price -range of $50,000 to $60,000 was due to the
fact there had never been street and utility improvements in the area.
Following the discussion there was no motion and second for suspension
of the rules and the proposed Ordinance was left on the calendar for
second reading in order to give Board Members an opportunity to further
discuss the proposal with the developer.
The last matter to be considered was Resolution No. 7,889, entitled:
A RESOLUTION COMMENDING THE VARIOUS CITY DEPARTMENTS AND EMPLOYEES
FOR THEIR DEDICATION TO THE CITY OF LITTLE ROCK DURING THE RECENT BAD
WEATHER;
and there was a complete reading of the Resolution. A motion was made
,
by Director Villines and seconded by Director Benafield, that the
Resolution be adopted. A roll call vote was taken and the Resolution
was adopted as follows: Ayes - Director Milton, Mayor Shackelford,
Directors Villines, Priest and Benafield - total 5; Noes - None;
Absent - Directors Bussey and Prince - total 2.
There being no further business to be presented, Mayor Shackelford
declared the meeting adjourned at 7:20 o'clock P. M., with the Board of
Directors to convene in regular session on Tuesday, February 2, 1988 at
6:00 o'clock P. M.
ATTEST: X[wy�,(i (� APPROVED `/
City Clerk Jane Czech Mayor Lottie Shackelford
* * * * * * * * * * * * * *
II
13
1
Board of Directors Chamber
Little Rock, Arkansas
February 2, 1988 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Assistant Mayor Floyd G. Villines presiding in
the absence of Mayor Shackelford. City Clerk Jane Czech called the
roll with the following Directors present: Directors Priest,
Benafield, Bussey and Prince, - total 4; Absent - Director Milton and
Mayor Shackelford - total 2.
With a quorum present, Assistant Mayor Villines declared the
Board of Directors in session.
and the Ordinance was read the first time. Mrs. Virginia Brown, 8623
Evergreen Road and Mr. Frank A. Brown, Rt. 2, Box 676, Austin,
Arkansas, owners of five and two and one -half acres, respectively,
which abuts the proposed extension of Brookside Drive, strongly
opposed the Ordinance because it would limit access to their property.
' Mr. Marvin Fletcher, 8623 Evergreen Road, also spoke in opposition to
The Invocation was given by Director Bussey.
The first matter to be considered was the Consent Agenda,
consisting of the following items:
(a) The reading of the Minutes of the previous meeting held
'
January 19, 1988.
(b) The Annual Report of the Job Training Partnership Act for
the year ending June 30, 1987.
(c) The 1987 Annual Report of Mount Holly Cemetery.
(d) Resolution No. 7,890, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT FOR THE PURCHASE OF BULK ROCK SALT FROM BRUCE OAKLEY,
INC.
(e) Resolution No. 7,891, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR AERIAL PHOTOGRAPHY, GROUND CONTROL AND
ANALYTICAL TRIANGULATION FOR THE GIS PILOT AREA MAP COMPILATION.
(f) Resolution No. 7,892, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT FOR THE SERVICES FOR THE I- 430/36TH STREET INTERCHANGE
STUDY.
By a motion from Director Benafield, seconded by Director Prince,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held January 19, 1988 were approved as written and
summarized to the members of the Board of Directors; (b) The Annual
Report of the Job Training Partnership Act for the year ending June
30, 1987 was received and filed; (c) The 1987 Annual Report of Mount
Holly Cemetery was received and filed; and (d, e & f) Resolutions No.
7,890, 7,891 and 7,892 were read in full and adopted by the following
roll call vote: Ayes - Directors Bussey and Prince, Assistant Mayor
Villines, Directors Priest and Benafield - total 5; Noes - None;
Absent - Director Milton and Mayor Shackelford - total 2.
i
No one was present to speak at the time allotted for Citizen
Communications.
The next presentation was Ordinance No. 15,421, containing the
following caption:
AN ORDINANCE AMENDING SECTION 3 OF THE MASTER STREET PLAN
(ORDINANCE NO. 14,210) OF THE CITY OF LITTLE ROCK, ARKANSAS TO REMOVE
THE ARTERIAL, BROOKSIDE DRIVE FROM THE PLAN NORTH OF RODNEY PARHAM;
and the Ordinance was read the first time. Mrs. Virginia Brown, 8623
Evergreen Road and Mr. Frank A. Brown, Rt. 2, Box 676, Austin,
Arkansas, owners of five and two and one -half acres, respectively,
which abuts the proposed extension of Brookside Drive, strongly
opposed the Ordinance because it would limit access to their property.
' Mr. Marvin Fletcher, 8623 Evergreen Road, also spoke in opposition to
FEBRUARY 2, 1988, Cont'd.
o
the proposal. Mr. Robert W. Jewell of 510 Brookside Drive represented
a large group of residents of Presbyterian Village, and strongly urged
the passage of the Ordinance. He stated that the extension of
Brookside Drive would threaten the security of the peace and quiet of
the neighborhood and would present a traffic hazard to residents of
Presbyterian Village who use Brookside Drive for walking exercise.
Director Milton was enrolled.
A motion was made by Director Benafield, seconded by Director Prince,
that the rules be suspended and the Ordinance be placed on second
reading. The motion was unanimously adopted by the Board Members
present, being six in number and two- thirds or more of the members of
the Board of Directors - elect.
Mayor Shackelford was enrolled and presided over the remainder of
the meeting.
I
I
There was a second reading of the Ordinance followed by a subsequent
motion made and seconded by Directors Benafield and Priest,
respectively, to suspend the rules and place the Ordinance on third
and final reading. The motion received unanimous adoption by the
Board Members present, being seven 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. The question of passage of the
Ordinance was then submitted to an Aye and No Vote, which received the
'
following response: Ayes Director Bussey, Mayor Shackelford,
Directors Prince, Villines, Priest, Benafield and Milton - total 7;
Noes - None; Absent - None. Whereupon, the Ordinance was declared
PASSED.
Ordinance No. 15,422 was introduced, entitled:
AN ORDINANCE ADOPTING THE CENTRAL CITY DISTRICT LAND USE PLAN;
(Location: South of I -630, West of I -30, North and East of Union
Pacific Rail Tracks)
with the Ordinance being read the first time, followed by a motion
from Director Benafield to suspend the rules and place the Ordinance
on second reading. The motion was seconded by Director Prince and
adopted by unanimous vote of the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Benafield and
Priest, respectively, and unanimously adopted by the Board Members
present, being seven 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, there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Director Hussey, Mayor Shackelford, Directors Prince, Villines,
Priest, Benafield and Milton - total 7; Noes - None; Absent - None.
Therefore, the Ordinance was declared PASSED.
At this point in the meeting, Mayor Shackelford introduced Bryan
Talley of Boy Scout Troop No. 381, who was present to observe the
Board Meeting.
A proposed Ordinance had been placed on the Agenda entitled: "An
Ordinance approving a PRD District titled "Zion Terrace Short -Form
PRD" (Z -4924) in the City of Little Rock, Arkansas; Amending Chapter
43 of the Code of Ordinances of the City of Little Rock; And for other
purposes." (Location: Block 90, except Lots 5 & 6, John Barrow
Addition) Mr. Gary Greeson, Director of Comprehensive Planning,
advised the applicant had requested that the matter be deferred;
therefore, NO ACTION WAS TAKEN.
Resolution No. 7,893 was the next presentation, with the title
being:
A RESOLUTION ESTABLISHING A POLICY SUPPORTING QUALITY GROWTH IN
THE CITY OF LITTLE ROCK; RESCINDING RESOLUTION NO. 5,920; AND FOR
OTHER PURPOSES;
and there was a complete reading of the Resolution. Mr. Walter
Mcspadden, Attorney for the Arch Street Pike Water Improvement
District, questioned whether property owners within the district would
I
FEBRUARY 2, 1988, Cont'd.
fall into the criteria of Section 1 of the Resolution. It was
explained by City Manager Tom Dalton that the intent of Section 1 of
the Resolution is "that any new individual water utility tie -ons,
whether or not it is an established district, would come under the
present Ordinance." Mayor Harold MacIntire, 10111 Laddie Drive,
Shannon Hills, voiced opposition to the Resolution because he felt it
would be working against regionalism. In the event the Resolution is
adopted, he asked that "in the passing of this Resolution that you
allow those agreements that have been entered into with the Water and
Sewer Commissioners, prior to tonight, to remain standing and go from
this day forward." He stated that in April of last year Shannon Hills
was approved by the Little Rock Water Commissioners for a water
extension. Mayor Shackelford advised Mayor MacIntire that the Board
stands behind all prior agreements." City Manager Tom Dalton made a
clarification stating there is a clear record of the approval for
sewer service for Shannon Hills; adding, "I am not sure the Board took
action in terms of water service to Shannon Hills, as a matter of
fact, I think Mayor MacIntire made a request in writing, which Board
Members had received, so I think we have to be careful of that. I
think the intent is that any prior commitment made by the Board of
Directors will obviously be honored and there is a Resolution from
this Board regarding sewer service. If the Mayor can establish also,
a Board action obviously taken for water service, then we would honor
that." Mayor MacIntire said as far as he knew, that has not been done
- the reason being the letter requesting the water tie -on was to the
Water Commissioners, and the Water Commissioners at that time, sitting
in their meeting, stated to him that any tie -ons through the Little
Rock Water Commission were up to them and that they did not need Board
approval. He said Shannon Hills had gone forward applying for money
to do the project with their assurance that it was guaranteed. Mayor
Shackelford responded that her remarks were in reference to what this
Board had already approved. She said, "this Board, through this
Resolution, is standing behind all prior agreements that this Board of
Directors has approved." Mr. Dalton explained that he had talked with
the manager of the Water System who advised that Shannon Hills and
Bryant had made requests for water service, and that the Commission
had negotiated contracts with the understanding that this Board would
have to approve the actual service of that water, and what they had
done was to negotiate the specifics of that contract pending this
Board's action. Mr. John McCaleb, 4600 Annette Lane, strongly opposed
the Resolution saying "it's a no- growth policy - if people aren't sure
of the water supply, they're not going to locate plants in Central
Arkansas. Ms. Susan Leatherwood, 6412 Green Road, who lives within
three miles of the City of Little Rock, spoke in strong opposition to
the Resolution and felt this should have been voted on by the people.
Attorney Dan Kroha, 200 South Arch Street, representing several
property owners in Mabelvale /Alexander Sewer Improvement District No.
142 also opposed the Resolution which he said would affect the growth
of the City of Little Rock. It was his opinion that the proposal is
legally unconstitutional. He said not one penny of Little Rock's
money was spent to build Sewer Improvement District No. 142. Attorney
Morgan E. Welch, representing Rodney Myers who is planning a 1,500 -
acre residential development in Saline County, just outside the city
limits, referred to the proposed Resolution as "special legislation."
He stated his client wants water and sewer service, but has no
objection to annexation. He charged however, that it had been
suggested that his client and his prospective purchasers become a part
of the Little Rock School District, and therefore part of the
litigation. Mayor Shackelford corrected the statement saying Little
Rock City Government is not involved in the Little Rock School
District suit. Mr. Jerry Gardner, 6 Emerald Court, a civil engineer
in private practice and former manager of the Little Rock Wastewater
Utility, spoke in support of the quality growth policy. He commended
the Board of Directors and City Manager for considering this policy,
and for allowing public comments. Mr. Gardner stated that this policy
works; it has a fifteen year history of success and positive results.
He pointed out that all the major annexations since 1973 have been in
compliance with the policy requirement that before obtaining sewer
service, one must annex. Mr. Gardner said an annexation policy is
necessary to assure control of legal requirements to operate the sewer
system. City Ordinances control industrial waste discharges into the
sewer; connection permit administration which includes inspection of
permits, inspection of connections, inspection of new mains; and land
planning controls provided by zoning are vital to the sewer systems
that are overloaded. He stated all of these City Ordinances are
enforced only in the City Limits; the City does not have Ordinance
authority outside the City Limits. Mr. Gardner explained the service
capacity of the Water and Wastewater Systems represents a major
15
16
FEBRUARY 2, 1988, Cont'd.
investment, and this investment was made by the existing users only.
Federal grants were granted to the City of Little Rock over the years;
Bond Issues have been issued by this Board as City of Little Rock
Revenue Bond Issues. He reminded that no property owners who are not
presently served by either of these utilities has any investment in,
or any claim on this service. To clarify one point that was raised
regarding the grant application for the Southwest Little Rock System
that serves the Mabelvale /Alexander District being applied for to
serve Saline County, Mr. Gardner advised that "the original grant
application in the mid 1970's did designate a small population of
projected population to receive improvements, as being in Saline
County, but when the State Department of Pollution and Ecology and the
US EPA refused that grant application, they took objection to that
service in Saline County, just for the reasons that I've mentioned;
that the City has no control. They asked that the design be redrawn
to serve population only in the City of Little Rock, and this caused a
reduction in pipeline sizes and reduction in treatment plant sizes,
but this was done and that's the way it was built." In closing Mr.
Gardner said, "it is physically possible to neglect a political
boundary and probably logical to serve Saline County, but without
annexation, I'm offering you my opinion that it would be unwise."
Mrs. Annette McCaleb speaking in opposition, said the sewer lines of
Sewer Improvement District No. 142 were made larger and the district
is bearing the cost for enlargement. The discussion ended with
comments from Board Members. Director Priest said this policy is not
directed at anyone, but expressed belief in quality growth. Director
Benafield commented that this Resolution welcomes people to Little
Rock; adding, "we are not trying to cut anybody's water off, we are
trying to furnish water." Director Milton said this is not an anti-
growth Resolution, and there is no basis for calling it a no- growth
policy. Director Villines expressed his belief that it is in the best
interest of every city in Pulaski County for this policy to be in
effect. He said it has no intent to slow any kind of normal growth,
in fact it says specifically, that it is the intent not to restrain
growth in the other corporated areas. There was no further discussion
and a motion was made by Director Benafield and seconded by Director
Villines, that the Resolution be adopted. A roll call vote was taken
and the Resolution was adopted as follows: Ayes - Director Bussey,
Mayor Shackelford, Directors Prince, Villines, Priest, Benafield and
Milton - total 7; Noes - None; Absent - None.
At 7:30 o'clock P. M., Mayor Shackelford declared a ten minute
recess.
When the Board of Directors reconvened at 7:40 o'clock P. M.,
Mayor Shackelford presided and the following Directors answered roll
call: Directors Priest, Benafield, Milton, Bussey, Prince and
Villines - total 6; Absent - None.
A public hearing had been scheduled for this time and place to
consider an Ordinance reassessing the value of benefits to be received
by the owners of certain of the several blocks, lots and parcels of
land within Mabelvale- Alexander Sewer Improvement District No. 142 of
the City of Little Rock, Arkansas. The notice of annual reassessment
appeared in the Arkansas Democrat on January 23, 1988, having been
arranged by Attorney Walter McSpadden of the Wright, Lindsey &
Jennings Law Firm. Mayor Shackelford declared the public hearing open
and announced that no objections had been filed or received within the
ten day period provided by law. No one was present to speak in
opposition to the reassessments and Mayor Shackelford declared the
public hearing closed and Ordinance No. 15,423 was presented,
entitled:
AN ORDINANCE REASSESSING THE VALUE OF BENEFITS TO BE RECEIVED BY
THE OWNERS OF CERTAIN OF THE SEVERAL BLOCKS, LOTS AND PARCELS OF LAND
WITHIN MABELVALE- ALEXANDER SEWER IMPROVEMENT DISTRICT NO. 142 OF THE
CITY OF LITTLE ROCK, ARKANSAS, FOR OTHER PURPOSES; AND DECLARING AN
EMERGENCY;
and there was a first reading of the Ordinance. The rules were then
suspended to provide for the second reading of the Ordinance by a
motion made by Director Priest, seconded by Director Benafield, and
unanimously adopted by the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest
and Villines, respectively, to suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
1
FEBRUARY 2, 1988, Cont'd.
adoption by the Board Members present, being seven 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. The question of
passage of the Ordinance was then submitted to an Aye and No Vote,
which received the following response: Ayes - Director Hussey, Mayor
Shackelford, Directors Prince, Villines, Priest, Benafield and Milton
- total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 4 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Director Bussey, Mayor Shackelford, Directors Prince, Villines,
Priest, Benafield and Milton - total 7; Noes - None; Absent - None.
Therefore, the Ordinance, together with the Emergency Section, was
declared PASSED.
The next presentation was Resolution No. 7,894, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE ARKANSAS COMMUNITY HOUSING, INC. FOR A TERMINATION
OF SERVICES;
and the Resolution was read in its entirety. Ms. Brenda Hale, 2123
Labette Drive, complained that low- income families could not afford
the houses rehabilitated under the contract with Arkansas Community
Housing Corporation because of the down payment and other
qualifications. She said Arkansas Community Housing Corporation had
not fulfilled their contract, and asked the Board to look at the
program and make sure the houses are for low- income people before
terminating the contract. Director Prince said the attempt to address
housing for low- income families was a noble effort by the Board, "but
we should go further by not only terminating the contract, but bring
the monies that currently have not been spent and the properties, back
into the control of the City." He added it would be a mistake not to
bring the properties back under the control of the City, saying he
does not believe in Land Trusts. City Manager Tom Dalton explained
that this Resolution only speaks to terminating the specific contract
with Arkansas Community Housing Corporation, and it specifically calls
for the return of $60,000. Director Bussey commented, "this Board
made a mistake. I don't see any use for this Board to compile these
mistakes by adding this and that. The only thing to do is terminate
the agreement and use the $60,000 for a City administered program."
Ms. Earline Douglas, 923 West 24th Street, told the Board her concern
was for the people this program was originally set up to help.
Director Milton urged the defeat of the Resolution, and felt both the
house and land should be conveyed to the buyers. A motion was made by
Director Villines, seconded by Director Bussey, that the Resolution be
adopted. At this point, Director Prince questioned Mayor Shackelford
whether it would be appropriate to offer a substitute Resolution. She
consented and the substitute Resolution was read, entitled: "A
RESOLUTION AUTHORIZING THE CITY MANAGER TO TERMINATE THE CONTRACT FOR
SERVICES WITH ARKANSAS COMMUNITY HOUSING CORPORATION, FURTHER TO
AUTHORIZE THE CITY MANAGER TO SECURE A REFUND OF MONIES OR
ALTERNATIVELY, OBTAIN LEGAL TITLE TO THE PROPERTIES." Director Prince
moved, seconded by Director Benafield, that the Resolution be adopted.
A roll call vote was taken with the results recorded as follows: Ayes
- Directors Benafield, Milton and Prince - total 3; Noes - Directors
Priest, Bussey, Mayor Shackelford and Director Villines - total 4;
Absent - None. With the substitute Resolution having failed, Mr. Jim
Lynch, Board Member of Arkansas Community Housing Corporation was the
last speaker. He defended the program commenting, "we have done with
the six homes what we agreed to do - we have lived up to what we said
we would do." Mr. Lynch said families that purchase the homes are
first placed on a 24- month, lease - purchase plan, during which they
must show they will meet the monthly house payments. After two years,
buyers will be set up on a 30 -year house payment plan. He further
stated lease payments will go toward equity in the home and that a
$25.00 maintenance fee is included in the monthly house payments. The
monthly note payments range from $268.00 to $361.10. Following the
discussion Director Villines made a motion, seconded by Director
Bussey, that the original Resolution be adopted. A roll call vote was
taken and the Resolution was adopted as follows: Ayes - Director
Bussey, Mayor Shackelford, Directors Villines and Priest - total 4;
Noes - Directors Prince, Benafield and Milton - total 3; Absent -
None.
17
1.4
FEBRUARY 2, 1988, Cont'd.
At 8:40 P. M. Mayor Shackelford announced that the Board of
Directors would recess to executive session in the Conference Room to
consider appointments and /or reappointments to various Boards and
Commissions.
When the Board reconvened from executive session at 9:05 P. M.,
Mayor Shackelford presided with the following Directors answering roll
call: Directors Benafield, Milton, Prince and Villines - total 4;
Absent - Directors Priest and Bussey - total 2.
Resolution No. 7,895 was presented, entitled:
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE BOARD
OF ADJUSTMENT; CENTRAL ARKANSAS LIBRARY SYSTEM BOARD OF TRUSTEES; CITY
SAFETY COMMISSION; AND THE PRIVATE INDUSTRY COUNCIL;
(Board of Adjustment - Eduard L. Scharff, Jr. and Ms. Earline Douglas;
Central Arkansas Library System - Tom Dillard; City Safety Commission
- Herbert A. Dicker, Maury W. Loket, Larry Martin and Neel A. Moore;
Private Industry Council - Ralph White)
and the Resolution was read in its entirety. A motion was made by
Director Villines and seconded by Director Benafield, that the
Resolution be adopted. A roll call followed and the Resolution was
subsequently adopted as follows: Ayes - Mayor Shackelford, Directors
Prince, Villines, Benafield and Milton - total 5; Noes - None;
Absent - Directors Hussey and Priest - total 2.
The last matter to. be considered was Resolution No. 7,896,
described as:
A RESOLUTION MAKING APPOINTMENTS TO THE ECONOMIC DEVELOPMENT
COUNCIL;
(Created by the Greater Little Rock Chamber of Commerce - Mayor Lottie
Shackelford and Director Sharon Priest appointed.)
and following the complete reading of the Resolution, a motion was
made by Director Villines and seconded by Director Benafield, that the
Resolution be adopted. A roll call was taken and the Resolution was
adopted by the following vote: Ayes - Mayor Shackelford, Directors
Prince, Villines, Benafield and Milton - total 5; Noes - None;
Absent - Directors Hussey and Priest - total 2.
There being no further business to be presented, Mayor
Shackelford declared the meeting adjourned at 9:10 o'clock P. M., with
the Board of Directors to convene in regular session on Tuesday,
February 16, 1988 at 6:00 o'clock P. M.
ATTEST: 601 APPROVED /4' 44A04p.�
City Clerk Jane Czech May/oorr / /L Lottie Shackelford
* * * * * * * * * * * *
1
I II
.�J
Board of Directors Chamber
Little Rock, Arkansas
February 16, 1988 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Lottie Shackelford presiding. City
Clerk Jane Czech was present and called the roll with the following
Directors in attendance: Directors Priest, Benafield, Milton and
Villines - total 4; Absent - Directors Bussey and Prince - total 2.
With a quorum present, Mayor Shackelford declared the Board of
Directors in session.
The Invocation was given by Mayor Shackelford.
To begin the meeting Mayor Shackelford introduced Boy Scout Troop
No. 198 of Mabelvale. The Boy Scouts were present to observe the
Board Meeting for one of their projects.
' Mayor Shackelford announced that due to a large group of people
being present who were interested in Items 20 and 21 on the Agenda,
those items were being considered first. The proposed Resolutions are
entitled: A RESOLUTION ADOPTING CERTAIN ADDITIONS TO THE RULES AND
REGULATIONS OF THE LITTLE ROCK POLICE DEPARTMENT AND THE LITTLE ROCK
FIRE DEPARTMENT FOR THE PURPOSE OF IMPOSING A RESIDENCY REQUIREMENT
UPON ALL NEW EMPLOYEES OF THOSE DEPARTMENTS; and A RESOLUTION
REQUIRING THE APPLICANTS MAINTAINING THEIR PERMANENT RESIDENCE WITHIN
THE CORPORATE BOUNDARIES RECEIVE A PREFERENCE IN ALL HIRING AND
PROMOTION DECISIONS.
Director Hussey was enrolled.
A general discussion followed in which Director Benafield stated he
did not have all the information he needed regarding the issue, and
needed more time to study the matter; adding, "let's be sure we have
all the facts." It was suggested that before taking any action, the
City Manager's Staff provide the Board with more information and
submit a list of other cities making residency a requirement for
employment. Director Milton was hesitant to defer consideration
because so many people were present to address the proposal. Mayor
Shackelford suggested that the Board get together and set a date for a
public hearing. To conclude the discussion, Mayor Shackelford
announced postponement of any action regarding a residency
requirement, and that a public hearing will be held at a later date.
The
' followin
(a)
(b)
1988 for
(c)
i (d)
next presentation was the Consent Agenda consisting of the
3 items:
The Minutes of the previous meeting held February 2, 1988.
A Motion setting the date for public hearing on March 1,
the 1988 -89 CDBG Program.
The 1987 Financial Report of the City of Little Rock.
Resolution No. 7,897, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO
VACATE AND CLOSE THE ALLEY IN BLOCK 5 OF DEAF MUTE ADDITION TO THE
CITY OF LITTLE ROCK, ARKANSAS. (Hearing date to be March 1, 1988)
(e) Resolution No. 71898, with the title being:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF CONESTOGA WOOD
SPECIALTIES, INCORPORATED TO PARTICIPATE IN THE ARKANSAS ENTERPRISE
ZONE PROGRAM.
(f) Resolution No. 7,899, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT TO REEVES EXCAVATING COMPANY, INC. FOR STREET AND
DRAINAGE IMPROVEMENTS FOR THE JOHN BARROW AREA.
1.9
/.ill
February 16, 1988
(g) Resolution No. 7,900, containing the following heading:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT TO WEAVER - BAILEY CONSTRUCTION COMPANY FOR STREET AND
DRAINAGE IMPROVEMENTS FOR THE STEPHENS SCHOOL AREA.
(h) Resolution No. 7,901, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR THE ANNUAL CONTRACT FOR STONE AND AGGREGATE.
(i) Resolution No. 71902, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH WITSELL, EVANS & RASCO, P. A. FOR A FEASIBILITY STUDY OF
FIRE STATION #10; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH WITSELL, EVANS & RASCO, INC. FOR ARCHITECTURAL SERVICES
SHOULD RENOVATION PROVE FEASIBLE.
(j) Resolution No. 7,903, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH RIVER EQUIPMENT COMPANY, INC. TO RELOCATE A SEWER LINE
FOR THE FOURCHE CREEK PROJECT.
(k) Resolution No. 7,904; containing the following caption:
A RESOLUTION AUTHORIZING THE CANCELLATION AND TERMINATION OF
THAT CERTAIN LEASE AND AGREEMENT PERTAINING TO THE UNIVERSITY
CONFERENCE CENTER; AND FOR OTHER PURPOSES.
By a motion from Director Priest, seconded by Director Villines, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of
the previous meeting held February 2, 1988, were approved as written
and summarized to members of the Board of Directors; (b) Motion was
made and adopted to set the date for public hearing March 1, 1988, to
consider the 1988 -89 CDBG Program; (c) The 1987 Financial Report of
the City of Little Rock was received and filed; and (d, e, f, g, h, i,
j & k) Resolutions No. 71897, 7,898, 7,899, 7,900, 7,901, 7,902,
7,903 and 7,904, were read in full and adopted by the following roll
call vote: Ayes - Mayor Shackelford, Directors Villines, Priest,
Benafield, Milton and Hussey - total 6; Noes - None; Absent -
Director Prince - total 1.
'Presented at this time was a petition submitted by Attorney Mark
Spradley, for the purpose of establishing a Water and Sewer
Improvement District containing 265 acres along Bowman Road, for the
purposes of constructing within the district a public water
distribution and sanitary sewer collector system to serve the
inhabitants of the district and constructing water and sanitary sewer
lines beyond the boundaries of the district, where necessary, to make
,
the desired connection with the water and sanitary sewer systems of
Little Rock, Arkansas. The petition was accompanied by a Certificate
of Abstracter from the Mid -South Title Company of Central Arkansas,
Inc., which certified to the validity of the signatures contained
within the petition. It further certified that the total assessed
value of all the real property in the proposed district is
$1,058,840.00, and that the signers of the petition are owners of
property in the assessed value of $817,290.00. A public hearing
scheduled for this time and place with notice thereof having been duly
published on February 1, 1988 and February 8, 1988, was then declared
open. Attorney Sam Perroni, representing the Koger Executive Center
and West Little Rock Partnership, which own 84 acres in the proposed
district, advised that his clients do not want to be included in the
district; that they already have lines constructed or have plans drawn
for the utility lines. He asked that the property owned by his
clients be excluded from the district, or that the matter be
postponed. There was general discussion among Board Members regarding
the formation of improvement districts and the laws governing them.
At 6:45 P. M., Mayor Shackelford declared a ten minute recess to
provide an opportunity for discussion among Board Members, attorneys
and interested citizens who were present. Those signing cards to
speak besides Mr. Peronni, but did not speak, were Attorney Mark
Spradley, representing the district; Mr. Harold Smith, 1400 Bowman
Road; Juanita Gibson, 12000 Kanis Road and Mr. Zachary D. Wilson, 321
Maple Street, North Little Rock.
J
L�
February 16, 1988
When the Board of Directors reconvened at 6:55 o'clock P. M., Mayor
Shackelford presided and the following Directors answered roll call:
Directors Priest, Benafield, Milton, Hussey, and Villines - total 5;
Absent - Director Prince - total 1.
Mayor Shackelford announced that further consideration on the proposed
improvement district would be delayed four weeks, and that the public
hearing would remain open until then. She asked that persons leave
their names and addresses, if they wished to be notified of the exact
date and time for the continued public hearing.
At 7:05 o'clock P. M., Mayor Shackelford declared another ten
minute recess. When the Board reconvened at 7:15 P. M., Mayor
Shackelford presided and the following Directors answered roll call:
Directors Priest, Benafield, Milton, Bussey and Villines - total 5;
Absent - Director Prince - total 1.
Director Prince was enrolled.
At the time allotted for Citizen Communications, Mr. Mike
McCarthy, Public Relations Director for the Salvation Army, again
spoke to the Board requesting that the fee for dumping at the City
Landfill be waived for the Salvation Army (see 1 -19 -88 Minute Record).
The request was discussed by the Board Members with reference being
made to two other charitable organizations, the Union Rescue Mission
and Goodwill Industries, who also pay landfill fees. Director
Benafield felt the time for presenting such requests is prior to
budget preparation, so they can be included in the budget process. In
response to a question by Director Priest, City Manager Tom Dalton
estimated the Salvation Army, Goodwill and Rescue Mission, pay annual
fees of approximately $18,000. Director Villines made a motion,
seconded by Director Prince, "that the landfill fees for the Salvation
Army be reduced by 508." A substitute motion was then made by
Director Bussey, seconded by Director Prince, "that the landfill fees
for the Salvation Army be waived in full." The substitute motion was
then adopted by the following vote: Ayes - Mayor Shackelford,
Directors Prince, Villines, Priest and Bussey - total 5; Noes -
Directors Benafield and Milton - total 2; Absent - None. With the
substitute motion having been adopted, a roll call vote was not taken
on the original motion and Director Villines withdrew the motion.
Mr. Ed Roupe, 3 Oneida, Sherwood, presented a complaint to the
Board of Directors about Storer Cable TV service. He cited low
quality or no service for two or three days. Mr. Roupe said when no
service is received for two or three days, Storer should refund the
customer the fee for that period. The City Manager was instructed to
investigate the complaint and provide the Board and Mr. Roupe with a
report.
Ordinance No. 15,424 was introduced, with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 2204 -A - 6015 Forbing Road and 7314 Geyer Springs Road located in
Subdivision of Tract 5, Home Acres Addition, from "C -3" General
Commercial District to "C -4" Open Display District; Approved by the
Planning Commission 1- 12 -88.)
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Villines, seconded by
Director Priest, and unanimously adopted by members of the Board of
Directors present, being seven 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 again made by Director
Villines and seconded by Director Bussey, 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 the members of the Board
of Directors present, being seven in number and two - thirds or more of
the members of the Board of Directors - elect, and there was a third and
last reading of the Ordinance. The passage of the Ordinance was then
submitted to an Aye and No Vote which resulted as follows: Ayes -
Mayor Shackelford, Directors Prince, Villines, Priest, Benafield,
Milton and Bussey - total 7; Noes - None; Absent - None. Therefore,
the Ordinance was declared PASSED.
2.1
�z
N
February '16,'1988
The next presentation was Ordinance No. 15,425, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 2722 -A - Lot A. Harold's Addition, located at South University
Avenue and West 65th Street (6500 South University Avenue), from 'C -3'
General Commercial District and 'I -2' Light Industrial District to 'C-
4' Open Display District; Approved by the Planning Commission 1 -12-
88.)
and the Ordinance was read the first time. The rules were then
suspended to provide for the second reading of the Ordinance, by a
motion made by Director Villines, seconded by Director Priest, and
unanimously adopted by the Board Members present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Villines and
Bussey, respectively, to suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present, being seven 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. The question of passage of the
Ordinance was then submitted to an Aye and No Vote, which received the
following response: Ayes - Mayor Shackelford, Directors Prince,
Villines, Priest, Benafield, Milton and Bussey - total 7; Noes -
None; Absent - None. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 15,426, containing
the following caption:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(2- 3607 -A - Lot 8, Executive Park Addition, from 'O -3' General Office
to 00-2' Office and Institutional District; Approved by the Planning
Commission 1- 26 -88.)
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Villines, seconded by
Director Priest, and unanimously adopted by members of the Board of
Directors present, being seven 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 again made by Director
Villines and seconded by Director Bussey, 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 the members of the Board
of Directors present, being seven in number and two- thirds or more of
the members of the Board of Directors- elect, and there was a third and
last reading of the Ordinance. The passage of the Ordinance was then
submitted to an Aye and No Vote which resulted as follows: Ayes -
Mayor Shackelford, Directors Prince, Villines, Priest, Benafield,
Milton and Bussey - total 7; Noes - None; Absent - None. Therefore,
the Ordinance was declared PASSED.
Ordinance No. 15,427 was introduced next, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 4805 -A - 4919 Baseline Road, described as the W 1/2 fractional NE
1/4, Section 6, T -1 -S, R -12 -W, Pulaski County, from 'R -2' Single
Family District to 'C -3' General Commercial District; Approved by the
Planning Commission 1- 12 -88.)
with the Ordinance being read the first time, followed by a motion
from Director Villines to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Priest and
adopted by unanimous vote of the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Villines and
Priest, respectively, and unanimously adopted by the Board Members
L�
1
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February 16, 1988
present, being seven 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, there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Mayor Shackelford, Directors Prince, Villines, Priest, Benafield,
Milton and Bussey - total 7; Noes - None; Absent - None. Mayor
Shackelford then announced that the Ordinance had PASSED.
Ordinance No. 15,428 was presented, with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -4945 - Tract A4 -448, University Park South located on West 12th
Street between Cleveland and South University Avenue, from "R -5" Urban
Residence to "0-3" General Commercial District; Approved by the
Planning Commission 1- 12 -88.)
and after a first reading of the Ordinance, there was a motion by
Director Villines, seconded by Director Priest, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Villines and
Bussey, respectively, to suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present, being seven 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. The Aye and No Vote taken on
passage of the Ordinance received the following response: Ayes -
Mayor Shackelford, Directors Prince, Villines, Priest, Benafield,
Milton and Bussey - total 7; Noes - None; Absent - None. The
Ordinance was then declared PASSED.
The next presentation was Ordinance No. 15,429, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -4946 - 10118 and 10120 Colonel Glenn Road (long legal description),
from "R -2" Single Family to "I -2" Light Industrial District; Approved
by the Planning Commission 1- 12 -88.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Villines and seconded by Director Priest, which was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect. Upon second reading of the Ordinance, there
was a subsequent motion by Director Villines that the rules again be
suspended and the Ordinance be placed on third and final reading.
Director Bussey seconded the motion which was adopted by unanimous
vote of the members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. A third and last reading of the Ordinance ensued,
followed by an aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Mayor Shackelford, Directors
Prince, Villines, Priest, Benafield, Milton and Bussey - total 7;
Noes - None; Absent - None. Whereupon, the Ordinance was declared
PASSED.
The next presentation was Ordinance No. 15,430, containing the
following heading:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -4957 - 1407 Cantrell Road, described as Lot 9 and the East 20 ft.
of Lot 8, Block 360, Original City of Little Rock, from 10-3" General
Office District to 00-1" Quiet Office District; Approved by the
Planning Commission 1- 12 -88.)
with the Ordinance being read the first time, after which there was a
motion by Director Villines for suspension of the rules and the
r.
23
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February 16,'1988
placing of the Ordinance on second reading. The motion was seconded
by Director Priest, and unanimously adopted by members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect. A second reading of the
Ordinance followed, with a motion being made by Director Villines,
seconded by Director Hussey, to further suspend the rules and place
the Ordinance on third and final reading. With the motion having been
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect, the Ordinance was read the third and last
time. The resulting Aye and No Vote taken on passage of the Ordinance
is herein recorded as follows: Ayes - Mayor Shackelford, Directors
Prince, Villines, Priest, Benafield, Milton and Bussey - total 7;
Noes - None; Absent - None. The Ordinance was then declared PASSED.
Introduced next was Ordinance No. 15,431, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -4959 - 2.27 acres on Griffin Road, described as part of the SE 1/4,
NW 1/4, NE 1/4, Section 16, T-1 -N, R -11 -W, Pulaski County, from "R -2"
Single Family District to "C -3" General Commercial District; Approved
by Planning Commission 1- 12 -88.)
and after a first reading of the Ordinance, there was a motion by
Director Villines, seconded by Director Priest, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued. A
subsequent motion was made by Director Villines and seconded by
Director Bussey, to further suspend the rules and place the Ordinance
on third and final reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect.
There was a third and final reading of the Ordinance after which an
Aye and No Vote was taken on the question, Shall the Ordinance Pass,
with the results recorded as follows: Ayes - Mayor Shackelford,
Directors Prince, Villines, Priest, Benafield, Milton and Bussey -
total 7; Noes - None; Absent - None. Whereupon, the Ordinance was
declared PASSED.
Ordinance No. 15,432 was considered, with the title being:
AN ORDINANCE REPEALING ORDINANCE NO. 15,195 AND REVOKING A PCD
DISTRICT TITLED "SHELL BLAKELY SHORT -FORM" PCD (Z -4743) IN THE CITY OF
LITTLE ROCK;
(Located at 2408 Cantrell Road (long legal description); Approved by
Planning Commission.)
and there was a first reading of the Ordinance. A motion was then
made by Director Villines, seconded by Director Priest, that the rules
be suspended and the Ordinance be placed on second reading, with the
motion being unanimously adopted by members of the Board of Directors
present being seven in number and two - thirds or more of the members of
the Board of Directors - elect. The Ordinance was subsequently read the
second time, resulting in a motion again made by Director Villines and
seconded by Director Bussey, for a further suspension of the rules to
permit the third and final reading. The motion was unanimously
adopted by voice vote of the members of the Board of Directors
present, being seven 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. There was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, resulting in the following vote: Ayes -
Mayor Shackelford, Directors Prince, Villines, Priest, Benafield,
Milton and Bussey - total 7; Noes - None; Absent - None. Therefore,
the Ordinance was declared PASSED.
The next presentation was Ordinance No. 15,433, described as:
AN ORDINANCE AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF
THE CITY OF LITTLE ROCK (ZONING MAP - -SHELL BLAKELY SHORT -FORM" PCD
(Z- 4743) ;
(Located at 2408 Cantrell Road; Approved by the Planning Commission.)
February 16, 1988
with the Ordinance being read the first time, followed by a motion
from Director Villines for suspension of the rules and the placing of
the Ordinance on second reading. The motion was seconded by Director
Priest and unanimously adopted by members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect. A second reading of the Ordinance
followed, with a motion being made by Director Villines and seconded
by Director Bussey to suspend the rules and place the Ordinance on
third and final reading. With the motion having been unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, the Ordinance was read the third and last time. The
resulting Aye and No Vote taken on passage of the Ordinance received
the following response: Ayes - Mayor Shackelford, Directors Prince,
Villines, Priest, Benafield, Milton and Bussey - total 7; Noes -
None; Absent - None. Mayor Shackelford then announced that the
Ordinance had PASSED.
Presented next was Ordinance No. 15,435, with the title being:
AN ORDINANCE AMENDING SECTION 4 -101 OF CHAPTER 43 OF THE CODE OF
ORDINANCES, BEING THE ZONING ORDINANCE AMENDMENT PROVISIONS, RELATING
TO DEDICATIONS AND CONDITIONS UPON REZONING OF LAND;
and after a first reading of the Ordinance, there was a motion by
' Director Villines, seconded by Director Priest, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Villines and Bussey, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being seven 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Mayor Shackelford, Directors
Prince, Villines, Priest, Benafield, Milton and Bussey - total 7;
Noes - None; Absent - None. Whereupon, the Ordinance was declared
PASSED.
Ordinance No. 15,436 was introduced containing the following
caption:
AN ORDINANCE CONDEMNING CERTAIN PARCELS OF REAL PROPERTY WITHIN
THE CITY OF LITTLE ROCK, ARKANSAS IN ORDER TO CLEAR TITLE FOR
CONSTRUCTION OF A PUBLIC SCHOOL; DIRECTING THE CITY ATTORNEY TO
INSTITUTE CONDEMNATION PROCEEDINGS; AND FOR OTHER PURPOSES;
(0.7176 acre in Garland Addition for Carver School)
25
Ordinance No. 15,434 was introduced, containing the following
caption:
AN ORDINANCE AMENDING CHAPTER 37 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR THE DELETION OF PARAGRAPH
(b) OF SECTION 37.14 ENTITLED "NOT1_FjSA =- ;
'
and the Ordinance was read the first time. A motion followed whereby
the rules were suspended to allow for the second reading of the
Ordinance. The motion was made by Director Villines, seconded by
Director Priest, and unanimously adopted by members of the Board of
Directors present, being seven 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
Villines and seconded by Director Bussey, 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 the members of the Board
of Directors present, being seven in number and two - thirds or more of
the members of the Board of Directors - elect; whereupon, there was a
third and last reading of the Ordinance. The passage of the Ordinance
was then submitted to an Aye and No Vote which resulted as follows:
Ayes - Mayor Shackelford, Directors Prince, Villines, Priest,
Benafield, Milton and Bussey - total 7; Noes - None; Absent - None.
The Ordinance was then declared PASSED.
Presented next was Ordinance No. 15,435, with the title being:
AN ORDINANCE AMENDING SECTION 4 -101 OF CHAPTER 43 OF THE CODE OF
ORDINANCES, BEING THE ZONING ORDINANCE AMENDMENT PROVISIONS, RELATING
TO DEDICATIONS AND CONDITIONS UPON REZONING OF LAND;
and after a first reading of the Ordinance, there was a motion by
' Director Villines, seconded by Director Priest, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Villines and Bussey, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being seven 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Mayor Shackelford, Directors
Prince, Villines, Priest, Benafield, Milton and Bussey - total 7;
Noes - None; Absent - None. Whereupon, the Ordinance was declared
PASSED.
Ordinance No. 15,436 was introduced containing the following
caption:
AN ORDINANCE CONDEMNING CERTAIN PARCELS OF REAL PROPERTY WITHIN
THE CITY OF LITTLE ROCK, ARKANSAS IN ORDER TO CLEAR TITLE FOR
CONSTRUCTION OF A PUBLIC SCHOOL; DIRECTING THE CITY ATTORNEY TO
INSTITUTE CONDEMNATION PROCEEDINGS; AND FOR OTHER PURPOSES;
(0.7176 acre in Garland Addition for Carver School)
25
Cl,
February 16, 1988
and there was a first reading of the Ordinance. The rules were then
suspended to provide for the second reading of the Ordinance by a
motion made by Director Villines, seconded by Director Priest, and
unanimously adopted by the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Villines and Bussey, respectively, to suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being seven 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. The question of
passage of the Ordinance was then submitted to an Aye and No Vote,
which received the following response: Ayes - Mayor Shackelford,
Directors Prince, Villines, Priest, Benafield, Milton and Bussey -
total 7; Noes - None; Absent - None. The Ordinance was then
declared PASSED.
A proposed Ordinance was the next presentation, entitled:
AN ORDINANCE AMENDING SECTION 3 OF THE MASTER STREET PLAN
(ORDINANCE NO. 14,210) OF THE CITY OF LITTLE ROCK, ARKANSAS, TO REFINE
THE ALIGNMENT OF BOWMAN, LAWSON, AND COLONEL GLENN ROADS, AND
CONNECTION BETWEEN UNIVERSITY AVENUE, GEYER SPRINGS AND MABELVALE
PIKE;
and the proposed Ordinance was read the first time. A staff
presentation was made by Mr. Don McChesney, City Engineer in the
Department of Public Works. Mr. Paul C. Davis of 17009 Fawn Tree
spoke to the Board stating he felt the proposed alignment of Bowman
and David 0. Dodd Roads should be changed "because the City's proposal
is poorly planned and would be dangerous for the children at J. A.
Fair High School." He pointed out the proposed route by the City
would move the dangerous intersection of Lawson and David O. Dodd
Roads 150 feet closer to J. A. Fair School. Mr. Davis' alternative
proposal would follow the property lines behind Fair High School until
passing school property and then would angle across to David O. Dodd
Road. He said this would provide access to school property from the
rear and would keep traffic away from the front of the school. Mr.
McChesney advised that alternative routes were considered in 1981 -83,
and said the school did not want a road at the rear of the property,
with security as an issue. Mr. Davis said the school superintendent
had no problem with a road behind the school. Ms. Mary A. Rush, 12119
Colonel Glenn Road, was also opposed to the proposed Ordinance.
Following the discussion, a motion was made by Director Villines and
seconded by Director Priest, that the rules be suspended and the
Ordinance be placed on second reading. A roll call vote was taken on
suspension of the rules to provide for the second reading with the
response being: Ayes - Directors Villines, Priest, Benafield and
Bussey - total 4; Noes - Mayor Shackelford and Director Milton -
total 2; Abstentions - Director Prince - total 1; Absent - None.
With the motion to suspend the rules having failed, the proposed
Ordinance REMAINED ON THE CALENDAR FOR SECOND READING at the next
regular meeting of the Board of Directors.
Ordinance No. 15,437 was presented, described as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT TITLED "SPRING
TREE VILLAGE LONG -FORM PRD" (Z -4967) IN THE CITY OF LITTLE ROCK,
ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF
LITTLE ROCK; AND FOR OTHER PURPOSES;
with the Ordinance being read the first time. Mr. Ron Tyne with
Winrock Development Company advised the proposed 10 acre development
is located on Yarberry Lane with a total of 61 lots. The houses are
to be constructed in the $40,000 to $50,000 price range with a density
of 5.6 houses per acre. Mr. John Wright of Wright Construction
Company explained the houses would be of Conventional, French and
Country Style, and would be sold to families with incomes of $18,000
to $35,000. Upon question by Director Priest, who said the Bill of
Assurance shows a minimum of 750 square feet per house, Mr. Wright
said "these homes will contain from 900 to 1,000 square feet." Mr.
Tyne also advised there are no plans to further expand the project.
Mr. Olin Wahrmund, 11301 Kerry Lane, a realtor, spoke in opposition to
the proposal voicing concerns for so many small houses concentrated in
one area. Mr. Bill Wilson, 6720 Yarberry Lane, also opposed the
development. Mr. Gary Greeson, Director of Comprehensive Planning,
stated three projects of this type have been approved; one being in
1
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February 1'6', 1988
Southwest Little Rock. Mayor Shackelford had concerns about small
homes on small lots, yet expressed the need for housing. Director
Benafield said "affordable housing means housing people can afford."
A motion then followed by Director Priest, seconded by Director
Bussey, for suspension of the rules to provide for the second reading
of the Ordinance. The motion was unanimously adopted by the Board
Members present, being seven in number and two - thirds or more of the
members of the Board of Directors -elect and the second reading of the
Ordinance followed. A subsequent motion was again made and seconded
by Directors Priest and Bussey, respectively, to suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being seven 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. The question
of passage of the Ordinance was then submitted to an Aye and No Vote,
which received the following response: Ayes - Mayor Shackelford,
Directors Villines, Benafield and Milton - total 4; Noes - Directors
Prince, Priest and Bussey - total 3; Absent - None. Therefore, the
Ordinance was declared PASSED.
A public hearing had been scheduled for this time and place to
consider an Ordinance providing for the modification of various
sections of Chapter 43 of the Code of Ordinances, regulating the
location of mobile homes and manufactured housing within the City of
Little Rock. Mayor Shackelford declared the public hearing open and
when no one was present to address the issue, the public hearing was
declared closed and Ordinance No. 15,438 was presented, with the title
being:
AN ORDINANCE AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR THE MODIFICATION OF
VARIOUS SECTIONS REGULATING THE LOCATION OF MOBILE HOMES AND
MANUFACTURED HOUSING WITHIN THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR
OTHER PURPOSES;
and the Ordinance was read the first time. A motion was made by
Director Priest to amend the Ordinance to add "Subsection m. That
Chapter 43, Article IX, Section 9 -101, subsection (b) (1) b. (1) be
amended to provide as follows: (1) All residential uses permitted by
the Municipal Plan and compatible with the density of the area, except
manufactured homes and pre - regulation mobile homes which are expressly
prohibited in the Planned Residential District." The motion was
seconded by Director Villines and adopted by the following roll call
vote: Ayes - Mayor Shackelford, Directors Villines, Priest, Benafield
and Bussey - total 5; Noes - Directors Prince and Milton - total 2;
Absent - None. Therefore, the motion was adopted and the Ordinance
amended. A brief discussion followed in which Director Milton
proposed by motion, a minimum pitched roof of 18 degrees. Director
Benafield seconded the motion. Mr. Steven Rogers, Executive Director
of the Arkansas Manufactured Housing Corporation, advised that a
requirement of 18 degrees would not be feasible, and the motion and
second to amend the Ordinance to require an 18 degree pitched roof was
withdrawn. The rules were then suspended to provide for the second
reading of the Ordinance, as amended, by a motion made by Director
Villines, seconded by Director Priest, and unanimously adopted by the
Board Members present, being seven in number and two- thirds or more of
the members of the Board of Directors - elect. There was a second
reading of the Ordinance, as amended, followed by a subsequent motion
made and seconded by Directors Villines and Priest, respectively, to
suspend the rules and place the Ordinance on third and final reading.
The motion received unanimous adoption by the Board Members present,
being seven 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, as amended, ensued. The question of passage of the
Ordinance, as amended, was then submitted to an Aye and No Vote, which
is recorded as follows: Ayes - Mayor Shackelford, Directors Prince,
Villines, Priest, Benafield, Milton and Bussey - total 7; Noes -
None; Absent - None. Mayor Shackelford then announced that the
Ordinance, as amended, had PASSED.
Ordinance No. 15,439 was the next presentation, described as:
AN ORDINANCE WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING FOR
A COMPUTERIZED POLICE AND FIRE RECORDS MANAGEMENT SYSTEM, AWARDING A
CONTRACT TO NCR AND ADSI, DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES;
N�
February 16, 1988
and there was a first reading of the Ordinance. Upon question by
Director Milton, Assistant City Manager Earl Paul explained the
necessity for waiving the competitive bidding process was to interface
with the City's C.A.D. system. A motion followed by Director Villines
to suspend the rules and place the Ordinance on second reading. The
motion was seconded by Director Benafield and adopted by unanimous
vote of the Board Members present, being seven in number and two -
thirds or more of the members of the Board of Directors- elect, and a
second reading of the Ordinance ensued. The rules were again
suspended and the Ordinance placed on third and final reading by a
motion made and seconded by Directors Villines and Priest,
respectively, and unanimously adopted by the Board Members present,
being seven 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, there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the results recorded as follows: Ayes -
Mayor Shackelford, Directors Prince, Villines, Priest, Benafield,
Milton and Bussey - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Mayor Shackelford, Directors Prince, Villines, Priest,
Benafield, Milton and Bussey - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance, together with the Emergency Section, was
declared PASSED.
Consideration was then given to Ordinance No. 15,440, with the
title being:
AN ORDINANCE PROVIDING FOR THE EXPEDIENT COLLECTION AND
PROSECUTION OF HOT CHECKS WRITTEN TO THE CITY OF LITTLE ROCK;
with the Ordinance being read the first time, followed by a motion
from Director Villines for suspension of the rules and the placing of
the Ordinance on second reading. The motion was seconded by Director
Benafield and unanimously adopted by members of the Board of Directos
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect. A second reading of the Ordinance
followed, with a motion being made by Director Villines and seconded
by Director Priest, to suspend the rules and place the Ordinance on
third and final reading. With the motion having been unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect, the Ordinance was read the third and last time. The
resulting Aye and No Vote taken on passage of the Ordinance received
the following response: Ayes - Mayor Shackelford, Directors Prince,
Villines, Priest, Benafield, Milton and Bussey - total 7; Noes -
None; Absent - None. It was then announced that the Ordinance had
PASSED.
A proposed Resolution was the next presentation, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
NECESSARY DOCUMENTS THAT MAY BE REQUIRED FROM TIME TO TIME TO CONVEY
AFFORDABLE HOMES PROPERTY TO QUALIFIED BUYERS;
and there was a full reading of the proposed Resolution. Director
Villines moved, seconded by Director Prince, that the Resolution be
adopted. A brief discussion followed in which Director Benafield
indicated the need for setting policy regarding affordable housing and
that the City Manager be given some direction in this area. The
motion and second by Directors Villines and Prince, respectively, was
then withdrawn and the proposed Resolution was DEFERRED.
There being no further business to be presented, Mayor
Shackelford declared the meeting recessed at 9:50 o'clock P. M., with
the Board of Directors to reconvene on Wednesday, February 17, 1988 at
1:30 o'clock P. M., to consider an Ordinance authorizing the issuance
of $33,595,000.00 City of Little Rock General Obligation Bonds.
ATTEST
City Clerk
(5ru
Jane Czech
APPROVED
Mayor Lottie Shackelford
J
1
1
Board of Directors Chamber
Little Rock, Arkansas
February 17, 1988 - 1:50 P. M.
The Board of Directors of the City of Little Rock, Arkansas,
reconvened from the February 16, 1988, regular Board Meeting with
Mayor Lottie Shackelford presiding. Jane Czech, City Clerk, called
the roll with the following Directors present: Directors Priest,
Benafield, Bussey and Villines - total 4; Absent - Directors Milton
and Prince - total 2.
With a quorum in attendance, Mayor Shackelford declared the Board
of Directors in session and stated the purpose of the reconvened
meeting was to consider an Ordinance authorizing the issuance of
$33,595,000.00 City of Little Rock Capital Improvement Bonds.
Mr. E. Jack Murphy, Director of Finance, presented a report on
the bid opening held at 1:30 P. M. He reported that nine bids were
received with the successful bidder being Smith Barney, Harris Upham &
Company, who offered the price of $33,125,874.95 for the bonds bearing
interest at the rate of 7.412144% per annum. Prudential -Bache
Securities, Inc. offered 7.40238 interest per annum, but the price was
left blank on the bid. Attorney John Echols of the Friday, Eldredge &
Clark Law Firm, explained the legal ramifications on why the
Prudential -Bache bid could not be considered low. There was no
further discussion and Ordinance No. 15,441 was presented, entitled:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF CAPITAL IMPROVEMENT
BONDS; PLEDGING TAX REVENUES SUFFICIENT TO PAY THE PRINCIPAL OF AND
INTEREST ON THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND
DECLARING AN EMERGENCY;
($33,595,000.00 Capital Improvement Bonds dated March 1, 1988)
with the Ordinance being read the first time, followed by a motion
from Director Benafield to suspend the rules and place the Ordinance
on second reading. The motion was seconded by Director Villines and
adopted by unanimous vote of the Board Members present, being five in
number and two- thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion again made and seconded by Directors Benafield and
Villines, respectively, and unanimously adopted by the Board Members
present, being five 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, there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Directors Priest, Benafield, Bussey, Mayor Shackelford and Director
Villines - total 5; Noes - None; Absent - Directors Milton and
Prince - total 2.
The Emergency Clause contained in Section 21 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Priest, Benafield, Bussey, Mayor Shackelford and
Director Villines - total 5; Noes - None; Absent - Directors Milton
and Prince - total 2. Therefore, the Ordinance, together with the
Emergency Section, was declared PASSED.
There being no further business to be presented, Mayor
Shackelford declared the meeting recessed at 2:00 o'clock P. M., with
the Board of Directors to reconvene on Wednesday, February 24, 1988 at
1:30 o'clock P. M., to consider authorizing the disbursement of funds
available through the Emergency Shelter Grant to the United Way of
Pulaski County.
ATTEST: 9a_� 44141
City Clerk Jane Czech
APPROVED
Mayor Lottie
/N
Shackelford
2"
30
Board of Directors Chamber
Little Rock, Arkansas
February 24, 1988 - 1:30 P. M.
The Board of Directors of the City of Little Rock, Arkansas,
reconvened at 1:30 o'clock P. M. from the February 17, 1987,
reconvened Board Meeting with Mayor Lottie Shackelford presiding.
City Clerk Jane Czech was present and called the roll with the
following Directors present: Directors Priest, Milton, Bussey, Prince
and Villines - total 5; Absent - Director Benafield - total 1.
With a quorum present, Mayor Shackelford declared the Board of
Directors in session and stated the purpose of the reconvened meeting
as to consider two Resolutions.
Resolution No. 71905 was then presented, entitled:
A RESOLUTION AUTHORIZING THE DISBURSEMENT OF FUNDS AVAILABLE
THROUGH THE EMERGENCY SHELTER GRANT TO THE UNITED WAY OF PULASKI
COUNTY;
(Advocates for Battered Women - $3,927; Hoover United Methodist
Multi- Purpose Center - $4,782; Centers for Youth and
Families /Stepping Stones - $11,191; and Our House - $13,100.)
and the Resolution was re
by Director Priest and
Resolution be adopted. A
was subsequently adopted
Priest, Milton, Bussey,
Villines - total 6; Noes
1.
ad in its entirety. A motion then followed
seconded by Director Villines, that the
roll call vote was taken and the Resolution
by the following vote: Ayes - Directors
Mayor Shackelford, Directors Prince and
- None; Absent - Director Benafield - total
The last Resolution to be considered was No. 7,906, with the
title being:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
NECESSARY DOCUMENTS TO CONVEY TITLE TO LINCOLN TAPPIN AND WANDA FAYE
TAPPIN FOR THE PROPERTY LOCATED AT 3018 RINGO STREET, LITTLE ROCK,
ARKANSAS;
and there was a complete reading of the Resolution. A motion was made
by Director Priest and seconded by Director Villines, that the
Resolution be adopted. A roll call vote was taken and the Resolution
was adopted as follows: Ayes - Directors Priest, Milton, Bussey,
Mayor Shackelford, Directors Prince and Villines - total 6; Noes -
None; Absent - Director Benafield - total 1.
There being no further business to be presented, it was moved by
Director Milton, seconded by Director Bussey, and unanimously carried
that this meeting be adjourned at 1:40 o'clock P. M., and that the
Board of Directors convene in regular session on Tuesday, March 1,
1988 at 6:00 o'clock P. M.
ATTEST: (44k
City Clerk Jane Czech
APPROVED
Mayor Lottie Shackelford
31
Board of Directors Chamber
Little Rock, Arkansas
March 1, 1988 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas
convened in regular session with Mayor Lottie Shackelford presiding.
City Clerk Jane Czech called the roll with the following Directors in
attendance: Directors Priest, Benafield and Prince - total 3; Absent
- Directors Milton, Bussey and Villines - total 3.
With a quorum present, Mayor Shackelford declared the Board of
Directors in session.
The Invocation was given by Director Prince.
The first presentation was the Consent Agenda, consisting of the
following items:
(a) The reading of the Minutes of the previous meeting held
' February 16, 1988 and the reconvened meetings held February 17 and 24,
1988.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of December, 1987.
(c) Resolution No. 7,907, entitled:
A RESOLUTION ALLOCATING PRIVATE INDUSTRY COUNCIL FUNDS TO
THE LITTLE ROCK SCHOOL DISTRICT, THE CITY BEAUTIFUL COMMISSION, ARKLA
GAS COMPANY, YMCA AND BOY SCOUTS OF AMERICA FOR SUMMER WORK EXPERIENCE
PROGRAMS.
(d) Resolution No. 7,908, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH McCLELLAND CONSULTING ENGINEERS, INC., FOR ENGINEERING
SERVICES FOR THE FOURCHE CREEK BRIDGE MODIFICATIONS.
Resolution No. 7,909 appearing on the Agenda as Item F -6 was
read in the Consent Agenda, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO WAIVE LANDFILL
FEES IN FULL FOR THE GOODWILL INDUSTRIES AND THE UNION RESCUE MISSION.
II II Resolution No. 7,910 did not appear on the Agenda, but was
considered in the Consent Agenda in order to expedite the conveyance
of the property, and contained the following caption:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
THE NECESSARY DOCUMENTS TO CONVEY TITLE TO VERA AND ARCHIE WAYNE FOR
THE PROPERTY LOCATED AT 3020 RINGO STREET, LITTLE ROCK, ARKANSAS.
By motion from Director Priest, seconded by Director Benafield, 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 meeting held February 16, 1988 and the reconvened meetings
held February 17 and 24, 1988, were approved as written and summarized
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, 1987, was received and filed; and (c, d, F-
6 and the added Resolution) Resolutions No. 7,907, 7,908, 7,909 and
7,910 were read in full and adopted by the following roll call vote:
Ayes - Directors Prince, Priest, Benafield and Mayor Shackelford -
total 4; Noes - None; Absent - Directors Villines, Milton and Hussey
- total 3.
At the time allotted for Citizen Communications, Mr. Keith
Hamaker, 2921 Misty Lane, Little Rock, appealed to the Board of
Directors to submit the seat belt requirement (Ordinance No. 15,381)
to the citizens of Little Rock for a vote. He brought petitions to
the meeting calling for a referendum on the issue, bearing 9,500
signatures. The Ordinance requiring the use of seat belts was passed
December 1, 1987. Upon question by Director Benafield, City Attorney
IIII Mark Stodola advised that according to law, Mr. Hamaker should have
I32
MARCH 1, 1988, Cont'd.
i
i
filed the petitions calling for a referendum within thirty days from
the passage date of the Ordinance. The other alternative would be for
the Board to repeal Ordinance No. 15,381. Mr. Larry Martin, a member
of the City Safety Commission, spoke in support of the use of seat
belts and read a letter from Mrs. Arthur Sanders saying the Ordinance
should not be revoked. Mrs. Lydia Robertson, representing Arkansas
Needs Seat Belts, also spoke in support of the required use of seat
belts. She brought a list of 15,000 to 17,000 names of supporters of
seat belts. She said forty to fifty percent of the supporters are
from Pulaski County. Ms. Susan Leatherwood, 6412 Green Road, voiced
opposition to "forcing" motorists to wear seat belts. Those in
opposition said "adults should have the right to choose for
themselves." Director Benafield made a motion that "we repeal the
Ordinance because it is unenforceable and Little Rock is the only City
in the United States with a municipal seat belt law." There was no
second to the motion; therefore, it died for lack of a second. There
was no further discussion.
Mrs. Annette W. McCaleb, 4600 Annette Lane, read a prepared
statement in which she requested the Board of Directors to reconsider
the recently established policy (Resolution No. 7,893, adopted
February 2, 1988) relative to the extension of water and sewer service
to areas outside the City of Little Rock.
The last speaker at Citizen Communications time was Mr. Terry Lee
Eustice, 1517 South Fillmore Street, who urged the Board of Directors
'
to pass an Ordinance regulating the keeping of bees within the City.
Mr. Eustice said his neighbor formerly kept 30 bee colonies in his
yard, which could create health and safety problems. The Board of
Directors instructed City Manager Tom Dalton and Staff to review the
matter and provide a report to the Board.
A proposed Ordinance was placed on the Agenda to amend the Master
Street Plan modifying arterials in the Mabelvale Area, first to
realign the South Loop /Alexander Road Arterial Connection and second,
change the arterial through Mabelvale. A group of residents in the
area was present to oppose the modifications. To begin the
discussion, Mr. Don McChesney, City Engineer, made a slide
presentation of the City Engineering Staff Plan to improve the
railroad crossing at Main Street in Mabelvale, where some large trucks
and lowboys have become stuck on the tracks in the past, and make a
smoother connection between Mabelvale Pike and Mabelvale Road West.
Director Milton was enrolled.
Mr. John McDaniel, 13401 Meyer Road, representing Mr. David J. Jones,
spoke in favor of the proposal. Mr. Charles Goss, 6000 Stagecoach
Road, was opposed to the plan. Mr. Goss, owner of apartments and a
store, said he would lose trees and had unanswered questions how this
would affect his income. He felt he should be compensated if this is
approved. Mr. George Hirrill, 7800 Crystal Valley Road, said his
concern was the amount of tax money to be spent on the project. Upon
'
question by Director Milton, Mr. McChesney stated $600,000 has been
allocated for the project.
Director Villines was enrolled.
Upon question by Director Prince, Mr. McChesney advised the overall
objective of the plan is to deal with the traffic and provide a safe
crossing. Kathy Wood, 13 Curtis Cove, commented that safety is not
the total concern with only one accident in fifteen years. She
presented a petition (filed with the City Clerk) bearing some seventy
names, and said "I hope this is a voice from the community." Kay
Nutt, P. 0. Box 129, Mabelvale, opposed the project because it would
take some of her property. Ms. Susan Leatherwood, 6412 Green Road,
also opposed the proposal. A motion was made by Director Priest,
seconded by Director Prince, that "the proposed Ordinance not be read,
and that it be tabled until Staff can explore the cost and other
alternatives." The motion was adopted by the following roll call
vote: Ayes - Directors Prince, Villines, Priest and Mayor Shackelford
- total 4; Noes - Director Benafield and Milton - total 2; Absent -
Director Bussey - total 1. Director Benafield requested that City
Manager Tom Dalton explore another alternative and report back to the
Board.
At 8:30 o'clock P. M., Mayor Shackelford declared a twenty minute
recess.
1
MARCH 1, 1988, Cont'd.
When the Board of Directors reconvened at 8:50 o'clock P. M.,
Mayor Shackelford presided and the following Directors answered roll
call: Directors Priest, Benafield, Milton, Mayor Shackelford and
Director Villines - total 5; Absent - Directors Prince and Bussey -
total 2.
Ordinance No. 15,442 was the next presentation, with the title
being:
AN ORDINANCE AMENDING SECTION 3 OF THE MASTER STREET PLAN
(ORDINANCE NO. 14,210) OF THE CITY OF LITTLE ROCK, ARKANSAS, TO REFINE
THE ALIGNMENT OF BOWMAN, LAWSON, AND COLONEL GLENN ROADS, AND
CONNECTION BETWEEN UNIVERSITY AVENUE, GEYER SPRINGS AND MABELVALE
PIKE;
The Ordinance was read the first time on February 16, 1988 (see 2 -16-
88 Minute Record; also 12 -15 -87 Minute Record), and left on the
calendar after a group of residents in the area spoke in opposition.
Before the second reading of the Ordinance, Mr. Don McChesney, City
Engineer, made the Staff presentation explaining the project proposed
by Staff; also, the alternative plan suggested by Mr. Paul C. Davis,
which would follow property lines behind J. A. Fair High School until
passing school property, and then would angle across to David 0. Dodd
Road. Mr. McChesney said Mr. Davis' proposal would not be acceptable
to the high school principal; it would cost more; and would have a
much greater negative effect on abutting property. Mr. Ned Alley, co-
owner of Jones Grocery, spoke against the alignment of Bowman Road as
proposed by the City, saying 90% of the problems are from the school
and he would lose business by reduced traffic. Mr. James W. Watkins,
owner of Builders Hardware Company, purchased his property ten or
twelve years ago and his main concern was the hindrance of the traffic
flow to his business. Ms. Mary A. Rush, 12119 Colonel Glenn Road,
also spoke in opposition to the proposed realignment. Following the
discussion, the Ordinance was read the second time. A motion was made
by Director Priest and seconded by Director Villines, that the rules
be suspended to provide for the third and 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; whereupon, there
was a third and last reading of the Ordinance. The passage of the
Ordinance was then submitted to an Aye and No Vote which resulted as
follows: Ayes - Directors Villines, Priest, Benafield and Mayor
Shackelford - total 4; Noes - None; Abstentions - Director Milton -
total 1; Absent - Directors Prince and Bussey - total 2. Therefore,
the Ordinance was declared PASSED.
Director Prince was re- enrolled.
Introduced at this time was Ordinance No. 15,443, described as:
AN ORDINANCE APPROVING A PLANNING BOUNDARY OF THREE (3) MILES
FROM THE LITTLE ROCK CITY LIMITS AND OTHER ISSUES;
Before the Ordinance was read, Mrs. Susan Leatherwood, 6412 Green
Road, spoke in opposition to the Ordinance. She said the Board should
be in the maintenance business and not the development business; and,
that the Board should focus on maintaining what is in the City and not
be reaching out into the County. Mrs. Annette W. McCaleb, 4600
Annette Lane, voiced opposition to the three mile planning boundary.
Mrs. McCaleb charged that the City's enforcement of land subdivision
regulations in the County was partial taking of real estate without
just compensation. There was no further discussion and the Ordinance
was read the first time. A motion followed by Director Villines,
seconded by Directors Priest, to suspend the rules and place the
Ordinance on second reading. 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.
There was a second reading of the Ordinance, followed by a subsequent
motion made and seconded by Directors Villines and Priest,
respectively, to further suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present, being six 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. The question, Shall the Ordinance
33
'Jill
34
MARCH 1, 1988, Cont'd.
I
Pass, was submitted to an Aye and No Vote, which received the
following response: Ayes - Directors Prince, Villines, Priest,
Benafield, Milton and Mayor Shackelford - total 6; Noes - None;
Absent - Director Bussey - total 1. Whereupon, the Ordinance was
declared PASSED.
Director Milton was excused.
A public hearing had been scheduled by Resolution No. 7,897, and
notice thereof duly published on February 22, 1988 and February 29,
1988, on the petition from National Engineering Systems, Inc.,
Virginia M. Bailey and John F. Green, to vacate and close the alley in
Block 5, Deaf Mute Addition to the City of Little Rock, as approved by
the Planning Commission. Attached to the petition was a certified
copy of said addition on file in the Pulaski County Circuit Clerk's
Office, and a letter from Pulaski County Title Company listing the
last apparent owners of record to abutting property. Mayor
Shackelford then declared the public hearing open and with no one
present who wished to speak in opposition to the proposed closing, a
motion was made by Director Villines, seconded by Director Benafield,
and unanimously adopted that the public hearing be closed. Ordinance
No. 15,444 was then presented, entitled:
AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 5 OF DEAF
MUTE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
,
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Villines, seconded by
Director Priest, and unanimously adopted by 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 again made by Director
Villines and seconded by Director Priest, 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 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. There was a third and
last reading of the Ordinance followed by an Aye and No Vote taken on
the passage of the Ordinance with the response being: Ayes -
Directors Prince, Villines, Priest, Benafield and Mayor Shackelford -
total 5; Noes - None; Absent - Directors Milton and Bussey - total
2. Mayor Shackelford then announced that the Ordinance had PASSED.
After the passage of the Ordinance to vacate the alley in Block
5, Deaf Mute Addition, Director Prince stated that he would like to
encourage the Staff to investigate the feasibility of changing the
name of "Deaf Mute Addition."
A public hearing had been scheduled for this time and place on
allocation of funds for the 14th Year Community Development Block
Grant Program. Mayor Shackelford declared the public hearing open and
'
invited those present wishing to address the matter to come forward.
Mr. Joe Curton, 4624 Bowers Street, complained about the condition of
Bowers Street. He said water and sewer improvements have been made,
but residents are still waiting for street and much needed drainage
improvements. Upon question by Mayor Shackelford, Mr. Nathaniel Hill,
Director of Human and General Services, advised that Bowers Street is
located within the Community Development Block Grant Area. Mr. Tom
Williams, 4623 Bowers Street, who is a member of the CDBG Neighborhood
Committee, stated that Bowers Street had been top priority, but had
gotten shifted around. Mr. Hill explained that due to the cost of
improvements needed, and the drainage problems on Bowers Street, Boyd
Street was placed in the 14th Year Program. Director Prince suggested
that Bowers Street be given strong priority when considering the
Capital Improvement Bond Projects. Director Villines moved that
"Bowers Street be included in the 14th Year CDBG Program to receive
engineering services." The motion was seconded by Director Prince and
adopted by the following roll call vote: Ayes - Mayor Shackelford,
Directors Prince, Villines, Priest and Benafield - total 5; Noes -
None; Absent - Directors Milton and Bussey - total 2. Mr. Wayne
Morris who lives on Bowers Street was concerned with erosion problems
and water running through his front yard. He advised that some of his
yard had been washed away, City Manager Tom Dalton advised Mr. Morris
that "we will be there tomorrow to check on the situation." Rev.
Rease Witherspoon, Jr., 1900 South Buchanan Street, Pastor of St. John
Baptist Church at 2024 South Madison Street, appealed to the Board of
Directors to approve the CDBG Planning Committee's recommendation to
,
MARCH 1, 1988, Cont'd.
include street and drainage construction for Madison Street from 20th
Street to 29th Street, in the 14th Year CDBG Program. Rev.
Witherspoon is a member of the CDBG Planning Committee for the Oak
Forest Neighborhood and said this was the Committee's number one
priority. He stated there were drainage problems at the Church that
need to be corrected. There was no further discussion, Mayor
Shackelford declared the public hearing closed, and Resolution No.
7,911 was presented, entitled:
A RESOLUTION APPROVING THE VARIOUS PROJECTS AND ALLOCATIONS OF
FUNDS AS PROVIDED FOR IN THE CITY OF LITTLE ROCK'S COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR THE FOURTEENTH YEAR (1988);
APPROVING THE CDBG APPLICATION; AND AUTHORIZING THE FILING OF THE
APPLICATION FOR SUCH FUNDS;
and the Resolution was read in its entirety. A motion was made by
Director Villines and seconded by Director Prince, that the Resolution
be adopted. A roll call vote followed and the Resolution was adopted
as herein recorded: Ayes - Directors Prince, Villines, Priest,
Benafield and Mayor Shackelford - total 5; Noes - None; Absent -
Directors Milton and Bussey - total 2.
Consideration was then given to Ordinance No. 15,445, with the
title being:
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;
and after a first reading of the Ordinance, there was a motion by
Director Villines, seconded by Director Prince, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by 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. There was a second' reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Villines and Priest, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being five 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Directors Prince, Villines,
Priest, Benafield and Mayor Shackelford - total 5; Noes - None;
Absent - Directors Milton and Bussey - total 2.
II III The Emergency Clause contained in Section 2 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
' II III Ayes - Directors Prince, Villines, Priest, Benafield and Mayor
Shackelford - total 5; Noes - None; Absent - Directors Milton and
Bussey - total 2. The Ordinance, together with the Emergency Section,
was then declared PASSED.
The last matter to be considered was Ordinance No. 15,446,
described as:
AN ORDINANCE CONDEMNING CERTAIN STRUCTURES IN THE CITY OF LITTLE
ROCK AS STRUCTURAL, FIRE AND HEALTH HAZARDS; DIRECTING THE CITY
ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID
STRUCTURES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
and said Ordinance was read the first time, followed by a motion by
Director Villines, seconded by Director Prince, that the rules be
suspended and the Ordinance be placed on second reading. 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 a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Villines, seconded by Director
Priest, and unanimously adopted by 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 read the third and
35
36
MARCH 1, 1988, Cont'd.
last time, and there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Directors Prince, Villines, Priest, Benafield and Mayor Shackelford
- total 5; Noes - None; Absent - Directors Milton and Bussey - total
2.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Prince, Villines, Priest, Benafield and Mayor
Shackelford - total 5; Noes - None; Absent - Directors Milton and
Bussey - total 2.
There being no further business to be presented, Mayor
Shackelford declared the meeting adjourned at 10:45 o'clock P. M.,
with the Board of Directors to convene in regular session on Tuesday,
March 15, 1988 at 6:00 o'clock P. M.
ATTEST: Px�nv ( &e-&
City Clerk Jane Czech
APPROVED:
Mayor Lo�ttie Shackelford
u
Board of Directors Chamber
Little Rock, Arkansas
March 15, 1988 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Lottie Shackelford presiding. City
Clerk Jane Czech was present and called the roll with the following
Directors in attendance: Directors Priest, Benafield, Bussey and
Prince - total 4; Absent - Directors Milton and Villines - total 2.
With a quorum present, Mayor Shackelford declared the Board of
Directors in session.
The Invocation was given by Director Prince.
Several guests were present to observe the meeting and Mayor
Shackelford welcomed the Government Class of Mount St. Mary's Academy,
and Mr. Andre Hussey, grandson of Director Bussey.
Director Priest presented a "Certificate of Appreciation" from
the Board of Directors to Pulaski County Deputy Sheriff Frank Gibson,
for saving an infant in a house fire in the Southwest part of the
City.
Director Milton was enrolled.
The Arkansas Democrat's children's section, Kid Club, held a
statewide writing contest this winter with about 280 children from all
around the state entering. Mayor Shackelford presented Mayor of Kid
Club Awards to the various winners and runners -up in the contest, with
Katherine Coates and Kristin Pittenger winners from Little Rock.
Director Sharon Priest and Assistant Mayor /Director F. G. "Buddy"
Villines were two of the eight judges.
The Consent Agenda was the next presentation, consisting of the
following items:
(a) The reading of the Minutes of the previous meeting held
March 1, 1988.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of January, 1988.
(c) The 1987 Audit Report of the Little Rock Wastewater Utility.
(d) The 1987 Audit Report of the Little Rock Port Authority.
(e) Resolution No. 7,912, entitled:
A RESOLUTION AUTHORIZING THE SALE OF 4.78 ACRES OF
UNUSED OAKLAND FRATERNAL CEMETERY PROPERTY TO THE LITTLE ROCK NATIONAL
CEMETERY EXPANSION CORPORATION IN SUBSTANTIALLY THE FORM AND WITH
SUBSTANTIALLY THE CONTENTS SET FORTH HEREIN AND MADE A PART OF THIS
RESOLUTION; AUTHORIZING THE EXECUTION AND DELIVERY OF THE CONTRACT OF
SALE; AND PRESCRIBING MATTERS RELATING THERETO.
(f) Resolution No. 7,913, with the title being:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE NECESSARY DOCUMENTS THAT MAY BE REQUIRED FROM TIME TO TIME
TO CONVEY AFFORDABLE HOMES PROPERTY TO QUALIFIED BUYERS.
(g) Resolution No. 7,914, described as:
A RESOLUTION FIXING THE DATE OF APRIL 5, 1988 FOR A
HEARING OF THE PETITION TO VACATE A PORTION OF SHALL STREET IN THE
CITY OF LITTLE ROCK, EXTENDING FROM EAST SECOND STREET TO THE UNION
PACIFIC RAILROAD TRACKS; DIRECTING THE CITY CLERK TO GIVE NOTICE OF
THE HEARING AS PROVIDED BY LAW.
3'7
38
MARCH 15, 1988, Cont'd.
(h) Resolution No. 7,915, containing the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR A COMPACTOR FOR THE CITY LANDFILL.
(From Rushing & Mason Company at the low bid price of $232,796.)
(i) Resolution No. 7,916, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A
CONTRACT FOR IMPROVEMENTS TO THE UNIVERSITY AVENUE INTERSECTION
IMPROVEMENT PROJECT. (Construction Management and Maintenance, Inc.
for a total price not to exceed $670,292.)
(j) Resolution No. 7,917, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE ANNUAL CONTRACT FOR GASOLINE /DIESEL.
(Green and Chapman Oil Company)
(k) Resolution No. 7,918, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT TO TOWNSHIP BUILDERS, INC. FOR THIRD STREET
AND OUTFALL DRAINAGE IMPROVEMENTS WITHIN THE WOODRUFF SCHOOL AREA.
($330,000)
By a motion from Director Benafield, seconded by Director Priest,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held March 1, 1988, were approved as written and
summarized 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 January, 1988, was received and filed;
(c) The 1987 Audit Report of the Little Rock Wastewater Utility was
received and filed; (d) The 1987 Audit Report of the Little Rock Port
Authority was received and filed; and (e, f, g, h, i, j and k)
Resolutions No. 7,912, 7,913, 71914, 71915, 7,916, 7,917 and 7,918,
were read in full and adopted by the following roll call vote: Ayes -
Directors Prince, Priest, Benafield, Milton, Bussey and Mayor
Shackelford - total 6; Noes - None; Absent - Director Villines -
total 1.
At the time allotted for Citizen Communications, Mr. Terry
Eustice, 1819 South University Avenue, owner of "The Hog Pen ",
addressed the Board of Directors regarding the traffic problems at the
intersection of 19th Street and University Avenue. He complained that
motorists are using his private drive to avoid the intersection. He
presented a petition bearing approximately 881 signatures (filed with
the City Clerk), requesting that a traffic light be installed at this
intersection. City Manager Tom Dalton stated traffic conditions at
the intersection are being studied.
Mr. Keith Hamaker again made a plea for an election on the seat
belt ordinance. Mr. Hamaker appeared at the March 1, 1988, Board
Meeting with a petition signed by 9,000 persons. He brought an
additional 1,000 signatures, making a total of 10,000 gathered in his
petition drive. Mr. Hamaker contends the law infringes on personal
liberties. He said Directors Milton, Bussey and Priest had indicated
they might support his measure. Director Milton clarified that his
remark was based on two conditions: (1) That the measure be a
legally constituted ordinance (challenges to an Ordinance must be
presented within thirty days after the Board vote); and (2) That the
signatures on the petition be verified only as residents of the City
of Little Rock. No action was taken.
Consideration was then given to Ordinance No. 15,447, containing
the following caption:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 4103 -A - To reclassify a 10.5 acre tract in Broadmoor North, Phase
II, along Northmoor, Charlotte and Garfield Drives, from 'R - -2' Single
Family and "0-2" Office and Institutional Districts to '0-3" General
Office District.)
33
�J
MARCH 15, 1988, Cont'd.
Before the Ordinance was read, a discussion ensued in which Mr. John
L. Burnett of Rector - Phillips- Morse, explained the office park as
proposed. Mr. Cleve Jernigan, 1719 Garfield Court, a resident in the
area supported the proposal and the modified plan. The Planning
Commission had approved the rezoning with the condition that a
preliminary plat be filed with 14,000 square foot lots as the minimum
lot size and then a final plat be filed for the area along the
southern portion of Garfield Drive with a cul -de -sac terminating
Garfield Drive at the end of the office development. Upon question by
Director Milton, Mr. Ernie Peters, Consultant, stated the traffic
count is approximately 1,500 trips per day and that the proposal will
have a minimal impact on the residents to the south. The Ordinance
was then read the first time. A motion was made by Director
Benafield, seconded by Director Priest, to suspend the rules and place
the Ordinance on second reading. 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.
There was a second reading of the Ordinance, with a subsequent motion
made and seconded by Directors Benafield and Priest, respectively, to
further suspend the rules and place the Ordinance on third and final
reading. The motion received unanimous adoption by the Board Members
present, being six 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.
submitted to an
response: Ayes
Mayor Shackelford
Absent - Director
declared PASSED.
The question, Shall the Ordinance Pass, was
Aye and No Vote, which received the following
Directors Prince, Benafield, Milton, Bussey and
- total 5; Noes - Director Priest - total 1;
Villines - total 1. Whereupon, the Ordinance was
Introduced next was Ordinance No. 15,448, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 4945 -A - To rezone 1223 South Garfield Street, described as Lots 4,
5 and 6 of Block 2, and Lots 7, 8 and 9 of Block 1, in Cox's
Subdivision of Taylor S Bodeman's Subdivision, from "R -2" Single
Family District to "0-3" General Office District.)
with the Ordinance being read the first time. A motion followed
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Prince, seconded by
Director Benafield, and 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. The Ordinance was then read
the second time. There was an ensuing motion made by Directors Prince
and seconded by Director Bussey, 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 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; whereupon, there was a third
and last reading of the Ordinance. The passage of the Ordinance was
then submitted to an Aye and No Vote which resulted as follows: Ayes
- Directors Prince, Priest, Benafield, Milton, Bussey and Mayor
Shackelford - total 6; Noes - None; Absent - Director Villines -
total 1. The Ordinance was then declared PASSED.
The next presentation was Ordinance No. 15,449, with the title
being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -506 -A - To rezone Lots 2 and 3, Block 4, intercity Addition,
located at the SE Corner of Asher Avenue and Mary Street, from "C -3"
General Commercial District to "i -2" Light industrial District.)
and said Ordinance was read the first time, followed by a motion from
Director Prince to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Benafield and adopted by
unanimous vote of the Board Members present, being six in number and
two - thirds or more of the members of the Board of Directors - elect, and
a second reading of the Ordinance followed. The rules were again
suspended and the Ordinance placed on third and final reading by a
' motion made and seconded by Directors Prince and Bussey, respectively,
40
MARCH 15, 1988, Cont'd.
and unanimously adopted by the Board Members present, being six 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, there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the results recorded as follows: Ayes -
Directors Prince, Priest, Benafield, Milton, Hussey and Mayor
Shackelford - total 6; Noes - None; Absent - Director Villines -
total 1. It was then announced that the Ordinance had PASSED.
A proposed Ordinance to rezone a parcel located at Rodney Parham
Road and Green Mountain Drive (Z- 3645 -B) , from "R -2" Single Family
District to "C -2" Shopping Center District, had been placed on the
Agenda for consideration. City Manager Tom Dalton advised that the
proposal was being deferred until April 5, 1988; therefore, no action
was taken.
Ordinance No. 15,450 was next considered, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -4963 - To rezone 10,601 I -30 (long legal description), from 'R -2'
Single Family District to 0I -2" Light Industrial District.)
and after a first reading of the Ordinance, there was a motion by
Director Prince, seconded by Director Benafield, to suspend the rules
and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion again made by Director Prince and
seconded by Director Hussey, to further suspend the rules arid'place
the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being six 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Directors Prince, Priest,
Benafield, Milton, Bussey and Mayor Shackelford total 6; Noes -
None; Absent - Director Villines - total 1. Mayor Shackelford then
announced that the Ordinance had PASSED.
Introduced at this time was Ordinance No. 15,451, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43, OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -4974 - To rezone Lots 1 and 3, Vogelsburg Subdivision, located on
Mabelvale Pike and Baseline Road, from 'R -2' Single Family District to
"C -3' General Commercial District.)
and the Ordinance was read the first time. The rules were then
suspended to provide for the second reading of the Ordinance, by a
motion made by Director Prince, seconded by Director Benafield, and
unanimously adopted by the Board Members present, being six in number
and two- thirds or more of the members of the Board of Directors - elect.
There was a second reading of the Ordinance followed by a subsequent
motion made and seconded by Directors Prince and Bussey, respectively,
to suspend the rules and place the Ordinance on third and final
reading. The motion received unanimous adoption by the Board Members
present, being six 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. The question of passage of the Ordinance was then
submitted to an Aye and No Vote, which received the following
response: Ayes.- Directors Prince, Priest, Benafield, Milton, Bussey
and Mayor Shackelford - total 6; Noes - None; Absent - Director
Villines - total 1. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 15,452, containing
the following caption:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
1
1
I
MARCH 15',''1988','Cont'd.
(Z -4975 - To rezone 13.552 acres along the MoPac Railroad off Mann
Road (long legal description), from 'R -2" Single Family District to
"I -2' Light Industrial District.)
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Prince, seconded by
Director Benafield, and 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. The Ordinance was then read
the second time. There was an ensuing motion again made by Director
Prince and seconded by Director Hussey, 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 the 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
last reading of the Ordinance. The passage of the Ordinance was then
submitted to an Aye and No Vote which resulted as follows: Ayes -
Directors Prince, Priest, Benafield, Milton, Bussey and Mayor
Shackelford - total 6; Noes - None; Absent - Director Villines -
total 1. The Ordinance was then declared PASSED.
Ordinance No. 15,453 was the next presentation, with the title
being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -4976 - To rezone 10,325 I -30, described as Lot 29, Martin
Industrial Park (long legal description), from "C -3' General
Commercial District to 'C -4' Open Display District.)
with the Ordinance being read the first time, followed by a motion
from Director Prince to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Benafield and
adopted by unanimous vote of the Board Members present, being six in
number and two - thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Prince and Bussey,
respectively, and unanimously adopted by the Board Members present,
being six 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, there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the results recorded as follows: Ayes -
Directors Prince, Priest, Benafield, Milton, Bussey and Mayor
Shackelford - total 6; Noes - None; Absent - Director Villines -
total 1. Mayor Shackelford then announced that the Ordinance had
PASSED.
A proposed Ordinance had been placed on the Agenda entitled: "An
Ordinance Adopting the Port District Land Use Plan to be Used as a
Guide for Future Land Use Decisions." City Manager Tom Dalton advised
that the proposed Ordinance was being deferred until April 5, 1988;
therefore, no action was taken.
A proposed Ordinance to establish Water and Sewer Improvement
District No. 140 comprised of 265 acres along Bowman Road, was removed
from the Agenda, prior to the Board Meeting. (See Minute Record dated
2- 16 -88)
The last matter to be considered was Ordinance No. 15,454,
entitled:
AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR
REPAIRS OF A SEWER LINE SITUATED AT THE LITTLE ROCK MUNICIPAL AIRPORT;
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
( Insituform TexArk Inc, of Little Rock)
and there was a first reading of the Ordinance. Mr. Reggie Corbitt,
Manager of the Wastewater Utility, explained the need for waiving
competitive bidding and stated that Insituform TexArk is the only
local company that provides the lining that will be used to seal off
cracks and settling. The line is located near the existing airport
runway. There was a motion by Director Priest, seconded by Director
Bussey, to suspend the rules and place the Ordinance on second
41
42
MARCH 15
1988. Cont'd
1
reading. 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. There was a second reading
of the Ordinance followed by a subsequent motion made and seconded by
Directors Priest and Bussey, respectively, to suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being six 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. The Aye and
No Vote taken on passage of the Ordinance received the following
response: Ayes - Directors Prince, Priest, Benafield, Milton, Bussey
and Mayor Shackelford - total 6; Noes - None; Absent - Director
Villines - total 1.
The Emergency Clause contained in Section 2 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Prince, Priest, Benafield, Milton, Bussey and Mayor
Shackelford - total 6; Noes - None; Absent - Director Villines -
total 1. Therefore, the Ordinance together with the Emergency Clause
was declared PASSED.
There being no further business to
be presented, it was
moved
by
Director Bussey, seconded by Director Milton, and unanimously carried
that this meeting be adjourned at 7:05
o'clock P. M., and
that
the
I
Board of Directors convene in regular session on Tuesday, April 5,
1988 at 6:00 o'clock P. M.
ATTEST: 9"_ - a2e_e _ APPROVED -z City C Clerk Jane Czech Mayor Lot�� /tie Shackelford
Board of Directors Chamber
Little Rock, Arkansas
April 5, 1988 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Lottie Shackelford presiding. City
Clerk Jane Czech was present and called the roll with the following
Directors in attendance: Directors Priest, Benafield, Milton, Bussey
and Villines - total 5; Absent - Director Prince - total 1.
With a quorum present, Mayor Shackelford declared the Board of
Directors in session.
The Invocation was given by Assistant Mayor /Director Villines.
Mayor Shackelford introduced Boy Scout Thomas Wallace, a member
of Troop No. 227, who was present to observe the Board Meeting.
Director Priest presented a "Certificate of Appreciation" from
' the Mayor and Board of Directors to Mr. Mike Batie, Civil Engineer in
the Department of Public Works, who has accepted a position as
Director of Public Works for the City of Fayetteville, Arkansas.
Director Priest expressed appreciation to Mr. Batie for his work on
various projects he was involved with, including the Fourche Drainage
Project.
The Consent Agenda was considered at this time, consisting of the
following items:
(a) The reading of the Minutes of the previous meeting held
March 15, 1988.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of February, 1988.
(c) The 1987 Auditor's Report of the Little Rock Regional
Airport.
(d) Resolution No. 7,919, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE
INDIVIDUAL WATER TIE -ONS PURSUANT TO ADOPTED PROCEDURES.
(e) Resolution No. 7,920, with the title being:
A RESOLUTION OF THE LITTLE ROCK BOARD OF DIRECTORS ENDORSING
CITY PARTICIPATION IN A CERTIFIED LOCAL GOVERNMENT PROGRAM WITH THE
UNITED STATES DEPARTMENT OF INTERIOR AND TO PROVIDE MATCHING GRANT
FUNDS NECESSARY TO UNDERTAKE SURVEY WORK TO IDENTIFY HISTORIC
STRUCTURES.
(f) Resolution No. 7,921, described as:
A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO
VACATE AND CLOSE ALL THE PLATTED ALLEY IN BLOCK 9 OF McCARTHY AND IN
BLOCK 8 OF OAK TERRACE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS.
(Hearing date to be April 19, 1988)
(g) Resolution No. 7,922, containing the following caption:
A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO
VACATE AND CLOSE THE ALLEY IN BLOCK 4 OF INTERCITY ADDITION TO THE
CITY OF LITTLE ROCK, ARKANSAS. (Hearing date to be April 19, 1988)
(h) Resolution No. 7,923, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR THE PURCHASE OF A BAGHOUSE FOR THE ASPHALT PLANT.
(Contract to Little Rock Road Machinery Company)
FJ
43
44
APRIL 5, 1988, Cont'd.
(i) Resolution No
7,924, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT FOR AN ELECTRIC AND TELEPHONE BILLING STUDY WITH TRI STEM,
INC.
(j) Resolution No. 7,925, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH BLAYLOCK, THREET, PHILLIPS AND ASSOCIATES, INC. FOR
DESIGN ENGINEERING SERVICES FOR CDBG 14TH YEAR CONSTRUCTION OF 25TH
STREET FROM MAPLE TO 24TH AND 26TH STREET FROM PINE TO LEWIS STREETS.
(Not to exceed $20,650.55)
(k) Resolution No. 7,926, containing the following heading:
A RESOLUTION AUTHORIZING THE LITTLE ROCK FIRE DEPARTMENT TO
PROVIDE FIRE SERVICE FOR ONE YEAR TO CERTAIN BUSINESSES OUTSIDE THE
CITY OF LITTLE ROCK. (Siemen's- Allis, Independent Air Conditioning,
3M Granite Plant, 3M Plant, Levi Strauss, Industrial Development
Company of Little Rock, and Elf Asphalt (formerly Riffe Petroleum).
(1) Resolution No. 7,927, entitled:
A RESOLUTION AMENDING RESOLUTION NO. 6,482, AS AMENDED BY
RESOLUTION NO. 7,630 APPROVING THE ESTABLISHMENT OF A DEFINED
'
CONTRIBUTION PLAN AS RETIREMENT FOR NON- UNIFORMED EMPLOYEES OF THE
CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES. (Employees of
any agency, commission, or authority created by the City of Little
Rock pursuant to statutory authority, upon approval of a petition to
the Board of Directors - Airport.)
(m) Resolution No. 7,928, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER. TO RENEW THE
CONTRACT WITH DELTA DENTAL PLAN OF ARKANSAS FOR DENTAL INSURANCE
BENEFITS FOR NON - UNIFORMED EMPLOYEES FROM MAY 1, 1988 THROUGH DECEMBER
31, 1988.
(n) Resolution No. 7,929, described as:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
THE NECESSARY DOCUMENTS TO CONVEY AN EASEMENT OF 15 FEET WIDE ON
HIGHWAY #10 AT THE WALTON HEIGHTS FIRE STATION TO ARKANSAS POWER AND
LIGHT COMPANY.
(o) Resolution No. 7,930, containing the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE LITTLE ROCK SCHOOL DISTRICT CONSISTENT WITH
RESOLUTION NO. 5,159 REGARDING THE JOINT USE OF CITY AND SCHOOL
DISTRICT FACILITIES.
Items 7 and 8 appearing on the Agenda were included in the
Consent Agenda upon request by Mayor Shackelford, and read as follows;
(p) Resolution No. 7,931, entitled:
A RESOLUTION AUTHORIZING THE EXTENSION OF A WATER MAIN TO
YOUTH HOMES, INC., SUBJECT TO CERTAIN CONDITIONS. (Located on Colonel
Glenn Road)
(q) Resolution No. 7,932, with the title being:
A RESOLUTION AUTHORIZING THE CONSTRUCTION OF A TWELVE INCH
(12 ") WATER LINE AND ELEVATED STORAGE TANK FROM HIGHLAND RIDGE OUTSIDE
THE CORPORATE LIMITS OF THE CITY OF LITTLE ROCK TO SERVE BELPOINTE
SUBDIVISION.
By a motion from Director Villines, seconded by Director Hussey, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held March 15, 1988 were approved as written and
summarized 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 February, 1988, was received and filed;
(c) The 1987 Auditor's Report of the Little Rock Regional Airport was
received and filed; and (d, e, f, g, h, i, j, k, 1, m, n, o, p & q) 1111
APRIL 5, 1988, Cont'd.
Resolutions No. 7,919, 7,920, 71921, 7,922, 7,923, 7,924, 7,925,
7,926, 7,927, 7,928, 7,929, 7,930, 7,931 and 7,932, were read in full
and adopted by the following roll call vote: Ayes - Directors
Villines, Priest, Benafield, Milton, Bussey and Mayor Shackelford -
total 6; Noes - None; Absent - Director Prince - total 1.
At the time allotted for Citizen Communications, Mr. Alan
Springer, 14710 Cantrell Road, requested that the Taylor Loop Road
Street Project included in the Bond Issue, which will connect Hinson
Road to Highway No. 10, be accelerated due to the widening project of
Highway No. 10. This would help to alleviate the traffic problems
during the construction period and provide an alternate route. Mr.
Bob Lane, Director of Public Works, said perhaps it might be possible
to move the project up by starting it this year. City Manager Tom
Dalton was requested to provide a report to Board Members indicating
the earliest possible starting date for the project and the
anticipated costs.
Consideration was then given to Ordinance No. 15,455, entitled:
AN ORDINANCE ADOPTING THE PORT DISTRICT LAND USE PLAN TO BE USED
AS A GUIDE FOR FUTURE LAND USE DECISIONS;
' and the Ordinance was read the first time. The rules were then
suspended to provide for the second reading of the Ordinance, by a
motion made by Director Priest, seconded by Director Villines, and
unanimously adopted by the Board Members present, being six in number
and two - thirds or more of the members of the Board of Directors - elect.
There was a second reading of the Ordinance followed by a subsequent
motion made and seconded by Directors Villines and Priest,
respectively, to suspend the rules and place the Ordinance on third
and final reading. The motion received unanimous adoption by the
Board Members present, being six 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. The question of passage of the
Ordinance was then submitted to an Aye and No Vote, which received the
following response: Ayes - Directors Villines, Priest, Benafield,
Milton, Bussey and Mayor Shackelford - total 6; Noes - None; Absent
- Director Prince - total 1. Whereupon, the Ordinance was declared
PASSED.
A public hearing had been scheduled by Resolution No. 71914, and
notice thereof duly published on March 11, 1988 and March 29, 1988, on
the request by Charles A. and Jo Ann Burks, owners of Educators Book
Depository of Arkansas, Inc., to vacate and close Shall Street between
East Second Street and the Union Pacific Railroad tracks. Mayor
Shackelford then declared the public hearing open and with no one
present who wished to speak in opposition to the proposed closing, the
hearing was declared closed and Ordinance No. 15,456 was presented
with the title being:
AN ORDINANCE VACATING A PORTION OF SHALL STREET IN THE CITY OF
LITTLE ROCK, EXTENDING FROM EAST SECOND STREET TO THE UNION PACIFIC
RAILROAD RIGHT -OF -WAY; AND FOR OTHER PURPOSES;
and said Ordinance was read the first time, followed by a motion from
Director Villines to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Bussey and
adopted by unanimous vote of the Board Members present, being six in
number and two - thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance followed. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Villines and
Bussey, respectively, and unanimously adopted by the Board Members
present, being six 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, there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Directors Villines, Priest, Benafield, Milton, Bussey and
Shackelford - total 6; Noes - None; Absent - Director Prince - total
1. Therefore, the Ordinance was declared PASSED.
45
6
i
APRIL 5, 1988, Cont'd.
The next presentation was Resolution No. 7,933, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR THE PURCHASE OF TWENTY -ONE VEHICLES FOR THE
LITTLE ROCK POLICE DEPARTMENT;
(One Moore Ford Company, North Little Rock, Arkansas - $289,212.00)
and there was a complete reading of the Resolution. A discussion
evolved in which Director Milton questioned why Moore Ford Company was
the only dealership that bid on the cars. In a report from City
Manager Tom Dalton to the Board of Directors, he explained bids could
not be placed by Chevrolet because the plant had shut down for making
police vehicles; or Chrysler because the only vehicle they could bid
was the Diplomat, which did not meet the City's specifications due to
suspension problems. He further reported that in prior years, vendors
have been asked to include in their bids such items as operator's and
parts manuals, and operator and maintenance training. This year, the
specifications were developed in order to more clearly describe the
content of the training. Director Milton stated, "with the
understanding that next year the bidding process will begin early
enough to insure competitive bidding, I am going to vote for this."
Director Benafield also voiced concerns about only one bidder. He
expressed appreciation to the City Manager for the detailed report
explaining the patrol vehicle bid and asked that the bidding process,
'
in the future, be started early enough so that all dealerships will
have an opportunity to bid. Mr. Barry Nichols, Fleet Administrator
for Vehicle Maintenance, provided Board Members with a report on
vehicle costs, and was present to answer questions from Board Members.
Upon question by Director Milton, Mr. Nichols explained that fleet
downtime costs are calculated by three factors: the depreciation of
the vehicle; the maintenance of the vehicle; and the operation of the
vehicle. Director Benafield said that the only way he would vote for
the Resolution was that the City Manager is sure the vehicles to be
replaced will not function without a great deal of expense as stated
in Mr. Nichols' report, and that people's lives will be endangered if
the vehicles are not replaced. He asked Mr. Dalton, "do you feel
comfortable with this report ?" He responded, "I feel comfortable with
the report that has been made; I feel comfortable with the direction
that Barry is taking; I believe that once we put together a decent
replacement schedule for our vehicles, we could even reduce the number
of vehicles we have in the Police Department. Right now we have a
number of back -up vehicles that are not adequate in any sense of the
imagination. To delay this bid, we would run the risk, this year, of
increasing the number of 'dogs', so to speak, to the point where we
would be unsafe." Mr. Dalton advised that to ensure improved
competition in November, 1988, a pre -bid conference will be held to
clarify and /or modify bid requirements while still meeting the City's
operational needs. There was no further discussion and a motion was
made by Director Priest and seconded by Director Villines, that the
Resolution be adopted. A roll call vote was taken and the Resolution
was adopted as follows: Ayes - Directors Villines, Priest, Benafield,
'
Milton, Hussey and Mayor Shackelford - total 6; Noes - None; Absent
- Director Prince - total 1.
A public hearing had been scheduled for this time and place on
issuance of bonds by the City of Little Rock, Arkansas Residential
Housing Facilities Board of not to exceed $56,900,000 principal amount
of its taxable collateralized mortgage revenue refund bonds. Mayor
Shackelford declared the public hearing open and when no one appeared
to speak in opposition, the hearing was declared closed, and
Resolution No. 71934 was presented, entitled:
A RESOLUTION APPROVING THE ISSUANCE BY THE CITY OF LITTLE ROCK,
ARKANSAS RESIDENTIAL HOUSING FACILITIES BOARD OF NOT TO EXCEED
$56,900,000 PRINCIPAL AMOUNT OF ITS TAXABLE COLLATERALIZED MORTGAGE
REVENUE REFUNDING BONDS;
and there was a full reading of the Resolution. Upon question by
Director Hussey, Mr. Dalton explained this refers back to a
$75,000,000.00 1979 Bond Issue through the Little Rock Residential
Housing Facilities Board, which the Board is now considering for
refinancing and restructuring so as to replace a long -term annual
return, the return of which comes into the General Fund for either
capital or general operations, and replace it with a onetime lump sum
payment. There would be a minimum guarantee of $5.05 million dollars.
Mr. Dalton advised Mr. Hussey that the refinancing of the 1979 Bond
Issue administered by the Housing Facilities Board, is not a part of
,
I
4'7
APRIL 5, 1988, Cont'd.
I
the City's housing program with Block Grant money. Mr. Earl Paul,
Assistant City Manager, said the bonds are to be issued only if the
City can get a onetime return of $5.05 million dollars. One
investment banking firm had tentatively proposed to restructure the
issue to raise that amount, but advised the Housing Facilities Board,
April 5, 1988, that it was able to offer only $4.65 million dollars.
New proposals will be solicited and opened April 20, 1988. Director
Villines moved, seconded by Director Milton, that the Resolution be
adopted. A roll call vote was taken and the Resolution was
subsequently adopted by the following vote: Ayes - Directors
Villines, Priest, Benafield, Milton, Bussey and Mayor Shackelford -
total 6; Noes - None; Absent - Director Prince - total 1.
Resolution No. 7,935 was considered next, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH DREAM BUILDERS FOR THE RENOVATION OF THE BLOCK BUILDING;
I
(Not to exceed $227,000.00)
and the Resolution was read in its entirety. In the discussion that
followed, Director Milton voiced concerns about the renovation of the
Block Building. He cited the renovation of the City Hall and Old Fire
Station Project as having cost $2.5 million, with the approved amount
being $2.1 million. He said the costs just keep rising higher and
'
higher and that the project "has become a bottomless pit." He
suggested to the Board that there be a stopping point on office space,
and that at some point, the Board adopt a firm policy on funds spent.
City Manager Tom Dalton said the building should not be considered
part of the $2.1 million renovation package and that there has not
been a major cost overrun; adding, "with the use of. the Block
Building, I don't see any further need for increas$d administrative
space for the next decade." A motion was then made by Director
Villines and seconded by Director Benafield, that the Resolution be
adopted. A roll call vote was taken and the Resolution was
subsequently adopted by the following vote: Ayes - Directors
Villines, Priest, Benafield, Hussey and Mayor Shackelford - total 5;
Noes - Director Milton - total 1; Absent - Director Prince - total 1.
The next presentation was Resolution No. 7,936, with the title
being:
A RESOLUTION OF THE LITTLE ROCK BOARD OF DIRECTORS PERTAINING TO
MODIFICATION OF RESOLUTION NO. 5,526 AS IT RELATES TO PROPERTIES
ADJACENT TO MacARTHUR PARK IN LITTLE ROCK, ARKANSAS;
(For including a MEMS Ambulance Service Post in "E -1" Quiet Business
Zoning District.)
and there was a complete reading of the Resolution. Mr. John Rapp,
Executive Director of Metropolitan Emergency Medical Services, advised
that in order to provide the same level of service to citizens over
all the City, we need to have appropriate posts at satelitte
locations, and a lot of factors go into that such as density and
usage. Upon question by Director Benafield, City Attorney Mark
Stodola advised the contracts with North Little Rock and Pulaski
County do not take into account the ownership of equipment. Mr. Rapp
said MEMS is making great financial progress and that in February and
March, funds reached the total operating budget. Directors Milton and
Benafield suggested that consideration be given to other entities
sharing in the system's cost. Mayor Shackelford and Director Milton
commended Mr. Rapp for his management of MEMS. There was no further
discussion and a motion was made by Director Villines and seconded by
Director Priest, that the Resolution be adopted. A roll call vote was
taken and the Resolution was adopted as follows: Ayes - Directors
Villines, Priest, Benafield, Milton, Hussey and Mayor Shackelford -
total 6; Noes - None; Absent - Director Prince - total 1.
The last matter to be considered was Resolution No. 7,937,
described as:
A RESOLUTION MAKING APPOINTMENTS TO THE PRIVATE INDUSTRY COUNCIL;
(Dr. Gail Reede Jones and Ms. Sharon D. Calhoun - 3 year terms
beginning 5- 3 -88.)
and the Resolution was read in its entirety. A motion was made by
'
Director Villines and seconded by Director Priest, that the Resolution
I
48
APRIL 5. 1988. Cont'd.
be adopted. A roll call vote followed and the Resolution was adopted
as herein recorded: Ayes - Directors Villines, Priest, Benafield,
Milton, Bussey and Mayor Shackelford - total 6; Noes - None; Absent
- Director Prince - total 1.
There being no further business to be presented, Mayor
Shackelford declared the meeting adjourned at 7:30 o'clock P. M., with
the Board of Directors to convene in regular session on Tuesday, April
19, 1988 at 6:00 o'clock P. M.
ATTEST: P40,u APPROVED:
City Clerk Jane Czech Mayor ottie Shackelford
e
11111
Board of Directors Chamber
Little Rock, Arkansas
April 19, 1988 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session. City Clerk Jane Czech was present and called the
roll with the following Directors present: Directors Priest,
Benafield, Milton, Hussey, Mayor Shackelford, Director Prince and
Assistant Mayor /Director Villines - total 7; Absent - None. At the
request of Mayor Shackelford, Assistant Mayor Villines presided at the
meeting.
With a quorum present, Assistant Mayor Villines declared the
Board of Directors in session.
At this point in the meeting Mayor Shackelford recognized Mr.
Alvin Moore, a member of the "Rolling Razorbacks," for being chosen
most valuable player in a recent tournament.
The Consent Agenda was considered next and consisted of the
following items:
(a) The Minutes of the previous meeting held April 5, 1988.
(b) The 1987 Annual Report of Metroplan.
(c) Resolution No. 7,939, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE
OUTFALL SEWER EXTENSIONS FOR PANTHER BRANCH CREEK.
(d) Resolution No. 7,940, described as:
' A RESOLUTION AUTHORIZING THE CONSTRUCTION OF A SIXTEEN
INCH (16 ") WATER MAIN FROM CHICOT ROAD TO ARCH STREET PIKE; A TWENTY
INCH (20 ") WATER MAIN SOUTH OF FOURCHE CREEK FROM ROOSEVELT ROAD TO
40TH STREET; AND A TWELVE INCH (12 ") WATER MAIN FROM COLONEL GLENN
ROAD TO LAWSON ROAD.
(e) Resolution No. 7,941, containing the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE 1988 RESURFACING PROGRAM. (Hogan
Construction Company - $874,613.34)
(f) Resolution No. 7,942, entitled:
I
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT TO McCLELLAND CONSULTING ENGINEERS, INC. FOR
DESIGN ENGINEERING FOR CDBG 14TH YEAR CONSTRUCTION OF MADISON STREET
FROM 24TH STREET TO 29TH STREET. (Not to exceed $21,975)
By a motion from Director Priest, seconded by Director Villines, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held April 5, 1988, were approved as written and
summarized to members of the Board of Directors; (b) The 1987 Annual
Report of Metroplan was received and filed; and (c, d, a and f)
1
The
Invocation was given by Director Priest.
The
first presentation was Resolution No. 7,938, entitled:
A RESOLUTION IN MEMORY OF JESS F. HALE, CHIEF
OF THE LITTLE
'
ROCK POLICE
DEPARTMENT;
and the
Resolution was read in full. A motion was made by Director
Priest
and seconded by Director Hussey, that the
Resolution be
adopted.
A roll call vote was taken and the Resolution
was adopted as
follows:
Ayes - Directors Priest, Benafield, Milton,
Hussey, Mayor
Shackelford,
Directors Prince and Villines - total 7;
Noes - None;
Absent -
None.
At this point in the meeting Mayor Shackelford recognized Mr.
Alvin Moore, a member of the "Rolling Razorbacks," for being chosen
most valuable player in a recent tournament.
The Consent Agenda was considered next and consisted of the
following items:
(a) The Minutes of the previous meeting held April 5, 1988.
(b) The 1987 Annual Report of Metroplan.
(c) Resolution No. 7,939, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE
OUTFALL SEWER EXTENSIONS FOR PANTHER BRANCH CREEK.
(d) Resolution No. 7,940, described as:
' A RESOLUTION AUTHORIZING THE CONSTRUCTION OF A SIXTEEN
INCH (16 ") WATER MAIN FROM CHICOT ROAD TO ARCH STREET PIKE; A TWENTY
INCH (20 ") WATER MAIN SOUTH OF FOURCHE CREEK FROM ROOSEVELT ROAD TO
40TH STREET; AND A TWELVE INCH (12 ") WATER MAIN FROM COLONEL GLENN
ROAD TO LAWSON ROAD.
(e) Resolution No. 7,941, containing the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE 1988 RESURFACING PROGRAM. (Hogan
Construction Company - $874,613.34)
(f) Resolution No. 7,942, entitled:
I
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT TO McCLELLAND CONSULTING ENGINEERS, INC. FOR
DESIGN ENGINEERING FOR CDBG 14TH YEAR CONSTRUCTION OF MADISON STREET
FROM 24TH STREET TO 29TH STREET. (Not to exceed $21,975)
By a motion from Director Priest, seconded by Director Villines, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held April 5, 1988, were approved as written and
summarized to members of the Board of Directors; (b) The 1987 Annual
Report of Metroplan was received and filed; and (c, d, a and f)
1
t-
50
APRIL 19, 1988, Cont'd.
Resolutions No. 7,939, 7,940, 7,941 and 7,942, were read in full and
adopted by the following roll call vote: Ayes - Directors Priest,
Benafield, Milton, Hussey, Mayor Shackelford, Directors Prince and
Villines - total 7; Noes - None; Absent - None.
No one was present to speak at the time allotted for Citizen
Communications.
Consideration was then given to Ordinance No. 15,457, containing
the following heading:
AN ORDINANCE REPEALING ORDINANCE NO. 15,378 AND REVOKING A PCD
DISTRICT TITLED JOHN HARRIS SHORT -FORM PCD IN THE CITY OF LITTLE ROCK,
ARKANSAS. (Z- 4909 -B - Lots 7 and 8, Markham Commercial Subdivision
located at Markham Park Drive and Bowman Road - "C -3" General
Commercial classification restored.)
and the Ordinance was read the first time. The rules were then
suspended to provide for the second reading of the Ordinance, by a
motion made by Director Priest, seconded by Director Bussey, and
unanimously adopted by the Board Members present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Bussey and
Priest, respectively, to suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present, being seven 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. The question of passage of the
Ordinance was then submitted to an Aye and No Vote, which received the
following response: Ayes - Directors Priest, Benafield, Milton,
Bussey, Mayor Shackelford, Directors Prince and Villines - total 7;
Noes - None; Absent - None. The Ordinance was then declared PASSED.
Ordinance No. 15,458 was presented, entitled:
AN ORDINANCE AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF
THE CITY OF LITTLE ROCK, ARKANSAS (ZONING MAP - JOHN HARRIS a SHORT -
FORM PCD DISTRICT).
(Z- 4909 -B - Lots 7 and 8, Markham Commercial Subdivision located at
Markham Park Drive and Bowman Road, designated as "C -3" General
Commercial District.)
with the Ordinance being read the first time, followed by a motion
from Director Priest to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Bussey and
adopted by unanimous vote of the Board Member present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Bussey and Priest,
respectively, and unanimously adopted by the Board Members present,
being seven 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, there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the results recorded as follows: Ayes -
Directors Priest, Benafield, Milton, Bussey, Mayor Shackelford,
Directors Prince and Villines - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 15,459, containing
the following caption:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED "RIVERDALE HARBOUR LONG -FORM PCD"
(Z -4987) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF
THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER
PURPOSES;
(37.61 Acres North of Riverfront Drive between Turtle Creek and River
Bend.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Bussey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
1
1
J�
APRIL 19, 1988, Cont'd.
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Bussey
and Priest, to further suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present being seven 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. The question, Shall the Ordinance
Pass, was submitted to an Aye and No Vote, which received the
following response: Ayes - Directors Priest, Benafield, Milton,
Bussey, Mayor Shackelford, Directors Prince and Villines - total 7;
Noes - None; Absent - None. Therefore, the Ordinance was declared
PASSED.
The next presentation was Ordinance No. 15,461, described as:
AN ORDINANCE AMENDING CHAPTER 37 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS, BEING THE SUBDIVISION RULES AND
REGULATIONS PROVIDING FOR A REVISION WITHIN THE FINAL PLAT PROCEDURAL
REQUIREMENTS;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Bussey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued. A
subsequent motion was then made by Director Bussey, seconded by
Director Priest, to suspend the rules and place the Ordinance on third
and final reading. The motion was unanimously adopted by members of
the Board of Directors present being seven in number and two- thirds or
more of the members of the Board of Directors - elect. There was a
third and final reading of the Ordinance after which an Aye and No
Vote was taken on passage of the Ordinance and resulted as follows:
Ayes - Directors Priest, Benafield, Milton, Bussey, Mayor Shackelford,
Directors Prince and Villines - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
Ordinance No. 15,462 was introduced, entitled:
AN ORDINANCE TO AMEND THE OAK FOREST NEIGHBORHOOD LAND USE PLAN;
with the Ordinance being read the first time, followed by a motion
from Director Priest for suspension of the rules and the placing of
the Ordinance on second reading. The motion was seconded by Director
Bussey and unanimously adopted by members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect. A second reading of the Ordinance
VIIIfollowed, with a motion being made by Director Bussey and seconded by
Ordinance No. 15,468 was next presented, with the title being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PRD DISTRICT TITLED "R & R RESIDENTIAL CARE SHORT -FORM
PRD" (Z -4985) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER
43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER
PURPOSES;
(Lots 4 -12, Block 91 McCarthy's Addition and Lot 10 and S 1/3 of Lot
11, Block 8, Oak Terrace Addition to the City of Little Rock, located
'
at Wolfe Street and Roosevelt Road.)
with the Ordinance being read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Bussey, and unanimously adopted by members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect. A second reading of the
Ordinance followed, with a motion being made by Director Bussey,
seconded by Director Priest, to further suspend the rules and place
the Ordinance on third and final reading. With the motion having been
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect, the Ordinance was read the third and last
time. The resulting Aye and No Vote taken on passage of the Ordinance
is herein recorded as follows: Ayes - Directors Priest, Benafield,
Milton, Bussey, Mayor Shackelford, Directors Prince and Villines -
total 7; Noes - None; Absent - None. It was announced that the
Ordinance had PASSED.
The next presentation was Ordinance No. 15,461, described as:
AN ORDINANCE AMENDING CHAPTER 37 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS, BEING THE SUBDIVISION RULES AND
REGULATIONS PROVIDING FOR A REVISION WITHIN THE FINAL PLAT PROCEDURAL
REQUIREMENTS;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Bussey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued. A
subsequent motion was then made by Director Bussey, seconded by
Director Priest, to suspend the rules and place the Ordinance on third
and final reading. The motion was unanimously adopted by members of
the Board of Directors present being seven in number and two- thirds or
more of the members of the Board of Directors - elect. There was a
third and final reading of the Ordinance after which an Aye and No
Vote was taken on passage of the Ordinance and resulted as follows:
Ayes - Directors Priest, Benafield, Milton, Bussey, Mayor Shackelford,
Directors Prince and Villines - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
Ordinance No. 15,462 was introduced, entitled:
AN ORDINANCE TO AMEND THE OAK FOREST NEIGHBORHOOD LAND USE PLAN;
with the Ordinance being read the first time, followed by a motion
from Director Priest for suspension of the rules and the placing of
the Ordinance on second reading. The motion was seconded by Director
Bussey and unanimously adopted by members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect. A second reading of the Ordinance
VIIIfollowed, with a motion being made by Director Bussey and seconded by
sz
APRIL 19, 1988, Cont'd.
Director Priest, to suspend the rules and place the Ordinance on third
and final reading. With the motion having been unanimously adopted by
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect, the
Ordinance was read the third and last time. The resulting Aye and No
Vote taken on passage of the Ordinance received the following
response: Ayes - Directors Priest, Benafield, Milton, Bussey, Mayor
Shackelford, Directors Prince and Villines - total 7; Noes - None;
Absent - None. It was then announced that the Ordinance had PASSED.
Consideration was then given to Ordinance No. 15,463, described
as:
AN ORDINANCE ADOPTING THE GEYER SPRINGS WEST DISTRICT LAND USE
PLAN AS THE GUIDE FOR FUTURE LAND USE DECISIONS IN THE DISTRICT AND
OTHER ISSUES;
and the Ordinance was read the first time. Director Priest moved,
seconded by Director Prince, that the Ordinance be amended by
inserting a new Section 1 reading as follows: "Section 1. The Plan
is hereby amended to (a) Change the LMF area at the south end of
Susanne Drive to SF (Single Family); and (b) change the MF area on
Geyer Springs Road across from McClellan High School to LMF (Low
Density Multi- Family) , and renumber the remaining Sections." The
motion was unanimously adopted by the Board Members present. A
subsequent motion was then made by Director Priest and seconded by
Director Bussey, to suspend the rules and place the Ordinance, as
amended, on second reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect, and
the second reading of the Ordinance, as amended, ensued. Director
Priest again made a motion to suspend the rules and place the
Ordinance, as amended, on third and final reading. The motion was
again seconded by Director Bussey, and unanimously adopted by the
Board Members present, being seven in number and two - thirds or more of
the members of the Board of Directors - elect. There was a third and
final reading of the Ordinance, as amended, after which an Aye and No
Vote was taken on the question, Shall the Ordinance As Amended Pass,
with the results recorded as follows: Ayes - Directors Priest,
Benafield, Milton, Bussey, Mayor Shackelford, Directors Prince and
Villines - total 7; Noes - None; Absent - None. Whereupon, the
Ordinance, as amended, was declared PASSED.
A public hearing had been scheduled by Resolution No. 7,921, and
notice thereof duly published on April 12, 1988 and April 19, 1988, on
the petition from Rose Jean Ruffin, et al, to vacate and close all the
platted alley in Block 9 of Mccarthy's Addition and in Block 8 of Oak
Terrace Addition to the City of Little Rock, Arkansas, as approved by
the Planning Commission. Attached to the petition was a certified
copy of the plat of Mccarthy's and Oak Terrace Additions on file in
the Pulaski County Circuit Clerk's Office, and a letter from Beach
Abstract and Guaranty Company listing the last apparent owners of
record to abutting property. The public hearing was declared open and
with no one present who wished to speak in opposition to the proposed
closing, the hearing was declared closed, and Ordinance No. 15,464 was
presented, with the title being:
AN ORDINANCE VACATING AND CLOSING ALL OF THE PLATTED ALLEY IN
BLOCK 9 OF McCARTHY'S ADDITION AND BLOCK 8 OF OAK TERRACE ADDITION TO
THE CITY OF LITTLE ROCK, ARKANSAS;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Bussey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion again made and seconded by Directors
Priest and Bussey, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being seven 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Directors Priest, Benafield,
Milton, Bussey, Mayor Shackelford, Directors Prince and Villines -
total 7; Noes - None; Absent - None. It was then announced that the
Ordinance had PASSED.
n
1
APRIL 19. 1988. Cont'd.
Resolution No. 7,922 adopted April 5, 1988, scheduled a public
hearing on the petition from Don and Carolyn Kirkpatrick to vacate and
close the alley lying in Block 4, Intercity Addition to the City of
Little Rock. Notice of public hearing was duly published on April 12,
1988 and April 19, 1988. Attached to the petition was a sketch of
Intercity Addition, and a letter from Little Rock Abstract Company
listing the last apparent owners of record to abutting property.
Assistant Mayor Villines then declared the public hearing open and
with no one present who wished to speak in opposition to the proposed
closing, the public hearing was closed and Ordinance No. 15,465 was
presented, entitled:
AN ORDINANCE VACATING AND CLOSING ALL OF THE ALLEY IN BLOCK 4 OF
INTERCITY ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Hussey, and unanimously adopted by members of the Board of
Directors present, being seven 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 again made by Director
Priest and seconded by Director Hussey, 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 the members of the Board
of Directors present, being seven in number and two- thirds or more of
the members of the Board of Directors - elect. There was a third and
last reading of the Ordinance followed by an Aye and No Vote taken on
the passage of the Ordinance with the response being: Ayes -
Directors Priest, Benafield, Milton, Hussey, Mayor Shackelford,
Directors Prince and Villines - total 7; Noes - None; Absent - None.
The Ordinance was then declared PASSED.
The formation of Water and Sewer Improvement District No. 140
located generally along both sides of Bowman Road for a distance of
approximately one mile running north and south of Kanis Road, was the
next matter to be discussed. The petition was first presented at the
February 16, 1988, Board of Directors' Meeting after receiving
recommendation by the Little Rock Planning Commission. The public
hearing was opened at that meeting with the notice thereof duly
published on February 1, 1988 and February 81 1988. At the February
16th Board Meeting, opposition to being included in the District was
presented by Attorney Sam Peronni, representing the Koger Executive
Center and West Little Rock Partnership. Several other persons signed
cards to speak, but after lengthy discussion regarding improvement
district laws, and the Board's decision to continue the public hearing
at a later date, no one else spoke. State Law states that persons
claiming to be a majority in value, as shown by the last county
assessment of the owners of real property, may file a petition with
the city or town clerk for the formation of an improvement district.
The hearing was left open to give the proponents and opponents an
opportunity to meet in an effort to agree on their differences.
Assistant Mayor Villines declared that the public hearing be continued
with Attorney Mark Spradley, representing the improvement district,
speaking first. Mr. Spradley advised that he had filed petitions
bearing signatures of 54.18 of the property owners within the
boundaries of the proposed district. The Abstracter's Certificate
attached to the petitions showed the total assessed value of all real
property in the proposed district to be $1,521,400.00, and the signers
of the petitions within the proposed boundaries of the district, to be
assessed at a valuation of $823,260.00. Mr. Spradley filed 74
receipts with the City Clerk, showing notice of the public hearing
sent to property owners by certified mail. He said that if Roger
Executive Center has water and sewer lines on their property, there
would be no assessment. Upon question by Director Milton, Mr.
Spradley explained "there is a law that property owners pay according
to the benefits received." There had been a dispute over the
percentage of total assessed value of real property in the proposed
district, by the opponents to the district. A meeting of the
proponents, opponents and City Staff, was held after the February 16th
Board Meeting, in an effort to resolve some of the objections.
Attorney Sam Peronni, representing Koger Executive Center, responded
to the statement that there would be no assessment for Koger. He said
Koger is included in the district and the assessments are made by the
assessors, and "yes they will be assessed." Mr. Peronni further
commented the petition is illegal and quoted a State Act requiring the
letters of the Notice to be at least one- fourth inch in height. He
filed a petition with the City Clerk containing signatures of persons
53
J4
APRIL 19, 1988, Cont'd.
objecting to the proposed Water and Sewer Improvement District No. 140
and /or withdrawing prior consent thereto; and, his list of property
owners in assessed valuation of $1,545,470.00, with petition signers
of $714,690.00, or a percentage of 46.24428. Persons speaking for the
formation of the district were: Harold Smith, 1400 Bowman Road; John
Brooks, 920 Bowman Road; Earl Williams, Bowman Road; and Jim
Summerlin, Consultant Engineer. Those who opposed the district were:
E. R. Combee, 2200 Bowman Road, Roy D. Rainey, Sr., 10515 West Markham
Street; Gypsy Steele; and Juanita Gibson, 12000 Kanis Road. The
discussion among the proponents, opponents and Board Members was
lengthy. City Attorney Mark Stodola advised the Board of Directors
that the Board has a very narrow role in the process of the formation
of an improvement district, and that is to determine whether there is
a majority in assessed value of property owners who have signed the
petition. Assistant Mayor Villines declared the public hearing closed
and the proposed Ordinance to establish the District was presented,
entitled:
AN ORDINANCE ESTABLISHING WATER AND SEWER IMPROVEMENT DISTRICT
NO. 140 OF LITTLE ROCK, ARKANSAS;
and the proposed Ordinance was read the first time. A motion followed
from Director Prince and seconded by Director Benafield, that the
rules be suspended and the Ordinance be placed on second reading. A
roll call vote was taken on suspension of the rules with the results
recorded as follows: Ayes - Directors Priest, Benafield, Prince and
Villines - total 4; Noes - Directors Milton, Bussey and Mayor
Shackelford - total 3; Absent - None. With the motion to suspend the
rules having failed, the proposed Ordinance remained on the calendar
for second reading at the May 3, 1988, Board of Directors Meeting.
Introduced at this time was Ordinance No. 15,466, containing the
following caption:
AN ORDINANCE AUTHORIZING CONDEMNATION OF PARCELS OF REAL PROPERTY
WITHIN THE CITY OF LITTLE ROCK, ARKANSAS, AUTHORIZING THE CITY
ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE TITLE,
RIGHTS OF WAY AND CONSTRUCTION EASEMENTS ON SAID LANDS, AS MAY BE
NECESSARY FOR THE CONSTRUCTION OF PARKWAY ROAD IMPROVEMENTS FOR THE
EXTENSION OF INTERSTATE 630 WEST TO ARKANSAS STATE HIGHWAY NO. 10; AND
DECLARING AN EMERGENCY;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Bussey, and unanimously adopted by members of the Board of
Directors present, being seven 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 again made by Director
Priest and seconded by Director Bussey, 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 the members of the Board
of Directors present, being seven in number and two - thirds or more of
the members of the Board of Directors - elect. There was a third and
last reading of the Ordinance followed by an Aye and No Vote taken on
passage of the Ordinance with the response being: Ayes - Directors
Priest, Benafield, Milton, Bussey, Mayor Shackelford, Directors Prince
and Villines - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Priest, Benafield, Milton, Bussey, Mayor Shackelford,
Directors Prince and Villines - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance together with the Emergency Clause was
declared PASSED.
The last matter to be considered was a proposed Ordinance, with
the title being:
AN ORDINANCE REPEALING ORDINANCE NO. 15,311; PROVIDING THAT AN
ORDINANCE BE SUBMITTED TO THE PEOPLE FOR THEIR APPROVAL AT A SPECIAL
ELECTION TO BE HELD, CALLING FOR DIVISION OF THE CITY INTO SINGLE
MEMBER DISTRICTS AS PROVIDED FOR UNDER ACT 840 OF 1987;
with the proposed Ordinance being read the first time. Director
Benafield urged the Board Members to support the Ordinance because the
partial ward system lessens the possibility that blacks will be
elected and because the new system may result in costly court
1
77
L
I I
APRIL 19. 1988. Cont'd.
challenges. He further commented that he prefers at -large voting for
all seven Board Positions, but his choice was taken away when the
four -ward plan was approved. Director Bussey responded to the
proposal by saying he didn't appreciate Director Benafield's setting
himself up as an advocate for minorities. He said white voters would
support black candidates if they have something to offer. Mayor
Shackelford said the seven -ward system was her preference, but "I
cannot support this." She further stated if the partial ward system
is repealed and the seven -ward system is defeated in an election, the
City will be stuck with an all at -large system.
Mayor Shackelford was excused.
Mr. John McCaleb, Annette Lane, who is a member of the Pulaski County
Property Owners Association, urged the Board. to pass the proposed
Ordinance pointing out that the citizens would have input in
government. Following the discussion, Director. Benafield moved,
seconded by Director Milton, that the rules be suspended and the
Ordinance be placed on second reading. The motion was unanimously
adopted by the Board Members present, being six 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
again made by Director Benafield and seconded by Director Prince, 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
the 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.
There was a third and last reading of the Ordinance followed by an Aye
and No Vote taken on passage of the Ordinance with the response being:
Ayes - Directors Benafield and Milton - total 2; Noes - Directors
Priest, Bussey, Prince and Villines - total 4; Absent - Mayor
Shackelford - total 1. Therefore, the Ordinance FAILED TO PASS.
Assistant Mayor Villines introduced Mrs. Judy Dalton, wife, and
Ms. Kathleen Dalton of Boston, sister, of City Manager Tom Dalton.
There being no further business to be presented, Assistant Mayor
Villines declared the meeting adjourned at 8:40 o'clock P. M., with
the Board of Directors to convene in regular session on Tuesday, May
3, 1988 at 6:00 o'clock P. M..
ATTEST: P44t4.1 APPROVEDX�
City Clerk Janfe / Czech Mayor L/ottie Shackelford
55
SIG
Board of Directors Chamber
Little Rock, Arkansas
May 3, 1988 - 6:00 P. M.
'
The Board of Directors of the City of Little Rock, Arkansas met in regular
session with Mayor Lottie Shackelford presiding. City Clerk Jane Czech was
present and called the roll with the following Directors in attendance:
Directors Priest, Benafield, Milton, Bussey and Villines - total 5; Absent -
Director Prince - total 1.
With a quorum present, Mayor Shackelford declared the Board of Directors
in session.
The Invocation was given by Director Benafield.
To begin the meeting, Mayor Shackelford introduced Ms. Marsha.Johnson,
a teacher at the Amercian School, and four of her students, who were present
to observe the Board Meeting.
The first matter to be considered was the Consent Agenda, consisting of
the following items:
(a) The reading of the Minutes of the previous meeting held April 19,.
1988.
(b) The Report of Commissioners of Quapaw Central Business Improvement
District No. 5, recommending the appointing of a new commissioner, '
and the appointment of assessors to assess the benefits in the
district.
(c) Resolution No. 7,943, entitled:
A RESOLUTION APPOINTING A SUCCESSOR COMMISSIONER FOR QUAPAW
CENTRAL BUSINESS DISTRICT NO. 5 OF LITTLE ROCK, ARKANSAS AND
REAFFIRMING THE APPOINTMENT OF THE PRESENT COMMISSIONERS.
(Appointing Larry Lendermon and reaffirming the appointments
of Mark Abernathy, Robert L. Bumgartner, John D. Jarrard, and
Jenny Heard)
(d) Resolution No. 7,944, with the title being:
A RESOLUTION ELECTING ASSESSORS FOR QUAPAW CENTRAL BUSINESS
IMPROVEMENT DISTRICT NO. 5. (John M. Kapp, John W. Beard and
George P. Eldridge)
(e) Resolution No. 7,945, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS
AND AWARD CONTRACTS FOR THE PURCHASE OF A CONVEYOR LOADER, VEHICLES,
STAKEBED DUMP TRUCK, 10 CUBIC -YARD DUMP TRUCK, PARKING METER
HOUSINGS AND REFLECTIVE MARKING COMPOUND FOR THE DEPARTMENT OF
PUBLIC WORKS; 85,000 CONCRETE PAVERS FOR SIDEWALK AND PLAZA AT
RIVERFRONT PARK, AND RENOVATION OF THE SWIMMING POOL AT EAST
LITTLE ROCK COMMUNITY CENTER FOR THE PARKS DEPARTMENT; AND AN IIII '
AUTOMATED DRIVE THROUGH TRUCK /CAR WASH FOR THE DEPARTMENT OF
HUMAN AND GENERAL SERVICES.
(f) Resolution No. 7,946, containing the following title:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR THE PURCHASE OF A STREET SWEEPER FOR THE
DEPARTMENT OF PUBLIC WORKS. (Moody Equipment Company - not to
exceed $87,808.60)
(g) Resolution No. 7,947, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH CORPORATIVE BUILDING SERVICES FOR JANITORIAL
SERVICES FOR VARIOUS CITY OWNED BUILDINGS.
(h) Resolution No. 7,948, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH THE LITTLE ROCK WASTEWATER UTILITY FOR EXPENSES
IN CONNECTION WITH SANITARY SEWER LOCATIONS FOR THE FOURCHE
CREEK PROJECT. ($55,000.00 - Phase I and II)
(i) Resolution No. 7,949, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE
CONTRACTS FOR THE PURCHASE OF RIGHT -OF -WAY AND EASEMENTS FOR '
THE 1987 BOND PROGRAM STREET AND DRAINAGE PROJECTS; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY DOCUMENTS FOR
THE PURCHASE OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO
PROCEED WITH CONDEMNATION PROCEDURES FOR ANY PARCEL WHICH THE
CITY IS UNABLE TO PURCHASE.
Jew
MAY 3, 1988, Cont'd.
By a.motion from Director Villines, seconded by Director Bussey, which was adopted
by unanimous vote of the Board Members present, the Consent Agenda was dispensed
with as follows: (a) The Minutes of the previous meeting held April 19, 1988,
' were approved as written and summarized to the members of the Board of Directors;
(b) The Report of Commissioners of Quapaw Central Business Improvement District
No. 5 was received and filed; and (c, d, e, f, g, h and i) Resolutions No. 7,943,
7,948 - 7,944, 7,945, 7,946, 7,947 /abd 7,949, were read in full and adopted by the follow -
III ing roll call vote: Ayes - Directors Benafield, Milton, Bussey, Mayor Shackelford
and Directors Villines and Priest - total 6; Noes - None; Absent - Director
Prince - total 1.
At.the time allotted for Citizen Communications, Mr. W. W. Whipple, 5110
West 23rd Street, was the first to speak. He complained about the response time
of MEMS Transport Service for elderly and handicapped people. He cited an 85 year
old woman, basically confined to a wheelchair, whose appointment to be picked up by
MEMS for a doctor's appointment was set at 12:30, only to have MEMS arrive at 1:45.
He said the van did not have a lift and the young lady driving did not assist the
patient down the steps. Upon completion of the doctor's appointment, the doctor's
office called MEMS at 3:45 and was advised they would be there at 5:00 and when
MEMS was not there at 5:00, one of the ladies in the doctor's office took the
patient home. City Manager Tom Dalton was requested to give the Board and
Mr. Whipple, a report on the complaint and an update on the CAT Para - Transfer
Program recently entered into with MEMS.
Mr. Floyd E. Porter, 5815 Stage Coach Road, complained about the junk yard
located at 5809 Stage Coach Road, stating that the mobile home had been removed,
but that his complaint goes beyond that. He said there is a sign advertising auto
repairs, tune -ups and brake jobs, and questioned the zoning classification for this
type of business; adding, "the people operating the junk yard are aggressive and
lack concern for residents in the area." The City Manager was requested to review
' the legal questions and when complete, advise Mr. Porter, and take action if the
operation is illegal.
The last complaints were voiced by Mrs. Reba Whipple, 5110 West 23rd Street.
She complained about the neglect of Oakland - Fraternal Cemetery, mentioning stones
in the ditch that should be removed. Mrs. Whipple said "the Cemetery Committee
should do their job, or the Board of Directors should appoint a new one." Mrs.
Whipple also complained about the lack of medical attention by MEMS attendants,
charging they walked her 85 year old stepfather to the ambulance and the fee was
$375.00. She said MEMS walked another person having a heart attack to the
ambulance, who later had by -pass surgery. Another charge was that MEMS Employees
are using ambulances for personal use, and questioned the training paramedics
receive in Arkansas. The City Manager was requested to review the complaints and
report the results to Mr. and Mrs. Whipple. Director Milton asked Mr. Dalton to
provide an update on Oakland - Fraternal Cemetery; and, a report on how EMT's and
Paramedics are employed.
The following rezoning application was presented at this time, as approved by
the Planning Commission:
Z- 2658 -B - From Joe D. White for Ray Thomas, to rezone 5300 South University
Avenue ong legal description), from "C -3" General Commercial District to "C -4"
Open Display and "OS" Open Space Districts. No opposition was presented to the
reclassification; therefore, Ordinance No. 15,467 was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK,
' ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE
ROCK, ARKANSAS;
(Z- 2658 -B - 5300 South University Avenue)
and after a first reading of the Ordinance, there was a motion by Director Priest,
seconded by Director Bussey, to suspend the rules and place the Ordinance on
second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest and
Villines, respectively, to further suspend the rules and place the Ordinance
on third and final reading. The motion received unanimous adoption by the Board
Members present, being six 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.
The Aye and No Vote taken on passage of the Ordinance received the following
response: Ayes - Directors Benafield, Milton, Bussey, Mayor Shackelford, Directors
Villines and Priest - total 6; Noes - None; Absent - Director Prince - total 1.
Therefore, the Ordinance was declared PASSED.
Zoning Application Z- 3121 -A from Joe D. White for United Communications, Inc.
to rezone 14.4 acres on Asher Avenue east of University Avenue (old Asher Drive -In)
from "I -2" Light Industrial District to "C -3" Commercial District, was the next
presentation. The Planning Commission approved the application on April 5, 1988.
No opposition was presented to the request and Ordinance No. 15,468 was presented,
described as:
' AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS,
AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS;
AND FOR OTHER PURPOSES;
(Z- 3121 -A - Old Asher Drive -In on Asher Avenue)
J�
MAY 3, 1988, Cont'd.
with the Ordinance being read the first time. The rules were then suspended to
allow for the second reading by motion from Director Priest, seconded by Director
Bussey, and by unanimous vote of the 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. Upon second reading of the Ordinance, there was a subsequent
motion made by Director Priest, seconded by Director Villines, that the rules
be further suspended and the Ordinance be placed on third and final reading.
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; whereupon, the Ordinance was then read the third and last
time. An Aye and No Vote was taken on passage of the Ordinance which resulted
as herein recorded: Ayes - Directors Benafield, Milton, Bussey, Mayor Shackelford,
Directors Villines and Priest - total 6; Noes - None; Absent - Director Prince -
total 1. The Ordinance was then declared PASSED.
The next Zoning Application (Z- 3371 -D) to be considered was filed by Garver
& Garver, P. A., for the I -430 Interchange Partnership, to rezone 27.3 acres located
N/E of I -430 and Colonel Glenn Road, from "MF -12" Multi- family District to "0 -2"
General Office District, as approved by the Planning Commission. There was no
opposition presented to the request and Ordinance No. 15,469 was presented,
containing the following caption:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK,
ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE
ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 3371 -D - N/E I -430 and Colonel Glenn Road)
and said Ordinance was read the first time, followed by a motion by Director Priest,
seconded by Director Bussey, that the rules be suspended and the Ordinance be
placed on second reading. The motion was adopted by unanimous vote of the 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 a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules to provide
for the third and last reading of the Ordinance, with the motion again being made
by Director Priest, seconded by Director Villines, and 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. The Ordinance was read the
third and last time, and there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the results recorded as follows: Ayes - Directors
Benafield, Milton, Bussey, Mayor Shackelford, Directors Villines and Priest -
total 6; Noes - None; Absent - Director Prince - total 1. Mayor Shackelford
then announced that the Ordinance had PASSED.
Consideration was then given to Zoning Application Z -4990, filed by Attorney
William F. Sherman for James Arlin Craig, to rezone a par--c-e-1--on I -30 and County
Line Road (Tract C -25 Acres), from "R -2" Single - family District to "C -4" Open
Display and "OS" Open Space Districts. The application was approved by the
Planning Commission on April 5, 1988. No opposition was presented to the re-
zoning and Ordinance No. 15,470 was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK,
ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE
ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -4990 - Tract C -25 acres - I -30 and County Line Road)
with the Ordinance being read the first time, after which there was a motion by
Director Priest for suspension of the rules and the placing of the Ordinance on
second reading. The motion was seconded by Director Bussey, and 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 second reading of the
Ordinance followed, with a motion being made by Director Priest, seconded by
Director Villines, to suspend the rules and place the Ordinance on third and final
reading. With the motion having been 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, the Ordinance was read the third and last time. The
resulting Aye and No Vote taken on passage of the Ordinance is herein recorded as
follows: Ayes - Directors Benafield, Milton, Bussey, Mayor Shackelford, Directors
Villines and Priest - total 6; Noes - None; Absent - Director Prince - total 1.
Whereupon, the Ordinance was declared PASSED.
The next presentation was Zoning Application Z -4996 to rezone 10800 West
36th Street (long legal description), from "R -2" Single - family District to "C -2"
Shopping Center District. The application was filed by V. Ray Brown for Sandra
Perry and received approval by the Planning Commission on April 5, 1988. No
opposition was presented to the reclassification and Ordinance No. 15,471 was
introduced, with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK,
ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE
ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -4996 - 10800 West 36th Street)
and after a first reading of the Ordinance, there was a motion by Director Priest,
seconded by Director Bussey, to suspend the rules and place the Ordinance on
second reading. 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
0
J
59
MAY 3, 1988, Cont'd.
the Board of Directors - elect, and the second reading of the Ordinance ensued.
A subsequent motion was again made by Director Priest and seconded by Director
Villines, to further suspend the rules and place the Ordinance on third and
final reading. 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. There was a third and final reading of the
Ordinance after which an Aye and No Vote was taken on passage of the Ordinance
and resulted as follows: Ayes - Directors Benafield, Milton, Bussey, Mayor
Shackelford, Directors Villines and Priest - total 6; Noes - None; Absent -
Director Prince - total 1. Therefore, the Ordinance was declared PASSED.
Ordinance No. 15,472-was presented, described as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PCD
DISTRICT TITLED B. C. AUTO PLAZA "LONG -FORM PCD" (Z- 4997 -A) IN THE CITY OF
LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK: AND FOR OTHER PURPOSES;
(S /W Corner.of Rock Creek Parkway and Gamble Road - Bale Chevrolet Company)
and there was a first reading of the Ordinance. A motion was then made by
Director Priest which was seconded by Director Benafield, that the rules be
suspended and the Ordinance be placed on second reading, with the motion being
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. The Ordinance was subsequently read the second time, resulting in a
motion made by Director Priest and again seconded by Director Benafield, for
a further suspension of the rules to allow for the third and last reading of
the Ordinance. The motion was unanimously adopted by voice vote of the
members of the Board of Directors - elect, with the outcome being a third and
last reading of the Ordinance. There was an Aye and No Vote taken on the
question, Shall the Ordinance Pass, resulting in the following vote: Ayes -
Directors Benafield, Milton, Bussey, Mayor Shackelford, Directors Villines
and Priest - total 6; Noes - None; Absent - Director Prince - total 1.
The Ordinance was then declared PASSED.
Consideration was then given to Ordinance No. 15,473, containing the
following title:
AN ORDINANCE APPROPRIATING 1988 CAPITAL IMPROVEMENT BOND SALE PROCEEDS,
ESTABLISHING PROCEDURES FOR EXPENDING FUNDS, AND OTHER PURPOSES;
with the Ordinance being read the first time, after which there was a motion by
Director Priest for suspension of the rules and placing the Ordinance on second
reading. The motion was seconded by Director Benafield and 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 second reading of
the Ordinance followed, with a motion thereafter being made by Director Priest,
again seconded by Director Benafield, to suspend the rules and place the
Ordinance on third and final reading. With the motion having been 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, the
Ordinance was read the third and last time. The resulting Aye and No Vote
taken on the passage of the Ordinance received the following response: Ayes -
Directors Benafield, Milton, Bussey, Mayor Shackelford, Directors Villines and
Priest - total 6; Noes - None; Absent - Director Prince - total 1. Mayor
Shackelford then announced that the Ordinance had PASSED.
Ordinance No. 15,474 was introduced next, entitled:
AN ORDINANCE CONDEMNING CERTAIN STRUCTURES IN THE CITY OF LITTLE ROCK AS
STRUCTURAL, FIRE AND HEALTH HAZARDS; DIRECTING THE CITY ATTORNEY TO TAKE SUCH
ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID STRUCTURES; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES;
and after a first reading of the Ordinance, there was a motion by Director Priest,
seconded by Director Benafield, to suspend the rules and place the Ordinance on
second reading. 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, and the second reading of the Ordinance ensued.
A subsequent motion was then made by Director Priest and seconded by Director
Benafield, to suspend the rules and place the Ordinance on third and final
reading. 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. There was a third and final reading of the Ordinance after
which an Aye and No Vote was taken on passage of the Ordinance and resulted as
follows: Ayes - Directors Benafield, Milton, Bussey, Mayor Shackelford, Directors
Villines and Priest - total 6: Noes - None: Absent - Director Prince - 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 - Directors Benafield,
Milton, Bussey, Mayor Shackelford, Directors Villines and Priest - total 6; Noes -
None; Absent - Director Prince - total 1. Mayor Shackelford then announced that
the Ordinance, together with the Emergency Section had PASSED.
�U
MAY 3, 1988, Cont'd.
The next presentation was Ordinance No. 15,475, described as:
AN;ORDINANCE CONDEMNING CERTAIN STRUCTURES IN THE CITY OF LITTLE ROCK AS
STRUCTURAL, FIRE AND HEALTH HAZARDS; PROVIDING FOR SUMMARY ABATEMENT PROCEDURES; I
DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND
REMOVE SAID STRUCTURES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
with the Ordinance being read the first time, followed by a motion from Director
Priest for suspension of the rules and the placing of the Ordinance on second
reading. The motion was seconded by Director Benafield and 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 second reading of the
Ordinance followed, with a motion being made by Director Priest and again seconded
by Director Benafield, to suspend the rules and place the Ordinance on third and
final reading, With the motion having been 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, the Ordinance was read the third
and last time. The resulting Aye and No Vote taken on passage of the Ordinance
received the following response: Ayes - Directors Benafield, Milton, Bussey,
Mayor Shackelford, Directors Villines and Priest - total 6; Noes - None;
Absent - Director Prince - 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 - Directors
Benafield, Milton, Bussey, Mayor Shackelford, Directors Villines and Priest -
total 6; Noes - None; Absent - Director Prince - total 1. The Ordinance,
together with the Emergency Section, was then declared PASSED.
The last matter to be discussed was the formation of the proposed Water
and Sewer Improvement District No. 140, located generally along both sides of
Bowman Road for a distance of approximately one mile running north and south '
of Kanis Road. (The petition was first presented February 16, 1988, with the
public hearing being opened and area opposition presented. The public hearing
was left open in an effort to resolve some of the objections until the April
19, 1988, Board of Directors Meeting. At the April 19th Board Meeting further
opposition was voiced, the public hearing was declared closed and a proposed
Ordinance was presented for first reading entitled: "An Ordinance Establish-
ing Water and Sewer Improvement District No. 140 of Little Rock, Arkansas."
There was no motion for suspension of the rules for second reading; therefore,
the Ordinance remained on the calendar.) City Attorney Mark Stodola presented
a briefing on his Legal Opinion No. 88 -15, which he provided Board Members.
His opinion follows verbatim.
"The first issue deals with the responsibility the City has to
provide for a hearing on the establishment of.a district as set
out in Ark. Code Ann. S 14 -88 -207 (1987) (attached). Pursuant to
this statute the municipal body is
'to meet and hear all owners of real property within the proposed
district who desire to be heard on the question as to whether
a majority in assessed value of the property owners has.signed
the petition and shall make a finding as to whether the petition
is signed by a majority in assessed value of the property owners.'
I£ such finding is made, then pursuant to the statute the finding of
the governing body shall be expressed in an ordinance. Likewise,
pursuant to statute, if the Board of Directors finds that a majority
have.signed the petition then it shall be the duty of the governing '
body by the same ordinance to establish the district..
The statute goes on to indicate that 'the findings of the governing:
body shall be conclusive unless attacked by a suit in the chancery-
court of the county, brought within thirty (30) days after the
publication.' Furthermore, 'the governing body and the chancery
court in their finding shall be governed by the record of deeds in
the Office of the.Recorder of the county and shall not consider
any unrecorded instrument. They shall also be governed by the value
placed upon the property as shown by the last county assessment on
file in the county clerk's office.'
As you can see from the above referenced language, the scope of
review for the governing body, i. e. the City of Little Rock, is
very narrow. You are to determine, based on evidence presented,
whether a majority of the assessed value of the property owners
have signed the petition proposing the formation of Sewer /Water
Improvement District #140.
Up to this point, the Board has received varying degrees
ing information, not only concerning what is to the true
value of the property within the proposed improvement di
conflicting information as to who has in fact signed the
favoring it. Compounding this, some people have changed
and signed a petition opposing the Improvement District,
changed it again and re- signed new petitions in favor of
of conflict -
total assessed
strict but also
petition
their mind
and then
the district. '
6�
MAY 3, 1988, Cont'd.
Suffice it to say, that this has created much confusion. I would
estimate that myself and various members of my staff have spent
nearly 100 hours reviewing the petitions, checking joint tenancy
' and corporate ownership of property and the law relative to improve-
ment districts in providing for you our best guidance on this issue.
Your decision is further compounded by the fact that the question of
whether a majority of signors are on the petitions is not determined
as of the time the petition is signed but rather is determined as of
the time the Board acts on this petition tonight. Appleby Road
Improvement District v. Powell, 282 Ark. 398, 669 S� 8
Hence, when the Boar fast -considered this particular issue on
April 19, 1988, the percentages changed late.Tuesday afternoon
because of additional signors to the petition which were filed with
the City Clerk by attorney, Mark Spradley. By our computations at .
noontime on Tuesday, April 19th, 50.29% of the owners in assessed value
had signed the petition. Subsequent to Mr. Spradley's filing, that
percentage as noted by the abstractor's certificate prepared by Mid -
South Title filed by Mr. Spradley increased to 54.1% of the owners in
assessed value.
Since the petitions filed on the afternoon of April 19th, I am not aware
of any additional petitions having been .filed as it relates to your
review this evening.
Likewise, you have also received information that conflicts with
this certificate. Mr. Sam Perroni and Mr. Stan Rauls have filed
with you documents which they have produced which show that 46.24%
have signed the petition. This information should ultimately be
weighed by you to determine whether as a Board you can make a finding
' as to whether the petition is in fact signed by a majority in assessed
value of the property owners.
Recommendation
It is my recommendation that this finding not be made this evening.
The reason for this arises from a second issue which has developed
regarding the notice provision required in Ark. Code Ann. S 14 -86 -201
(1987), which states as follows:
'Each and every petition circulated in the state for the
establishment of an improvement district of whatever nature
shall contain on the front and near the top thereof the
following notice which shall be in letters at least one -
fourth inch in height and shall be enclosed in a box in
substantially the following form;
NOTICE
YOUR SIGNATURE HEREON SHOWS THAT YOU FAVOR THE
ESTABLISHMENT OF AN IMPROVEMENT DISTRICT. IF
THE DISTRICT IS FORMED, YOU MAY BE CHARGED FOR
THE COST OF THE IMPROVEMENTS.'
The statute goes on to indicate that it is unlawful for any person to
circulate or cause to be circulated any petition for the establishment
of an improvement district that does not conform with the above
requirements.
While the statute makes it unlawful to circulate the petition, the
statute is silent as to. whether or not the petitions are void ab
initio,because.of this non - compliance. The statute provides no
guidance on how to deal with this particular problem. There is
language contained in the emergency clause of this particular Act
passed by the Legislature in 1983 which indicates that the General
Assembly, in passing this law, felt that many people are asked to
sign petitions for the establishment of improvement districts who
are not aware that their signatures indicate that they favor the
establishment of the district or that the district may result in
the assessment of benefits (taxes) against their property. The
emergency clause goes on to state that fairness and equity demand
that persons asked to sign the petition be advised of the possible
consequences and that the most appropriate way to advise them is
by printing a notice on the front of the petition form.
Having reviewed the particular petitions involved, there is no
question in my mind that the notice fails to meet the minimum
requirements as indicated in the statute. I have researched the law
and there is no guidance that can be gleaned by any Supreme Court
decisions on improvement districts on whether substantial compliance
with this particular statute is sufficient.
It is my opinion that this Act was passed by the Legislature to
specifically provide for the printing of the notice on the form
' to correct a perceived problem. Hence, the mandatory requirement
of the letters being at least one - quarter inch in height.
62
MAY 3, 1988, Contd.
Because of this defect, Mr. Rauls and Mr, Perroni would ask you to
reject and vote down the establishment of this improvement district.
Likewise, Mr. Spradley argues that the notice provisions are sub-
stantially complied with pursuant to the statute and while a person
might be guilty of a crime, (a class C misdemeanor), for circulating.
these petitions, that such circulation does not necessarily indicate
that the petitions are void.
Zn my opinion, neither position is correct. The Legislature has
established a remedy for correcting defects in the formation of
improvement districts. This remedy is set out in Ark. Code Ann.
SS 14 -86 -401 (1987) et seq. (See attached).
Ark. Code Ann. S 14 -86 -402 (1987) indicates that if defects or
irregularities exist in circulated petitions that resident citizens
and property owners within the proposed district may file with the
Clerk of the County Court a petition setting forth the defects or
irregularities sought to be corrected. After proper notice of the
filing of the petition, property owners in the district have the
right to appear to argue whether or not these defects should be
remedied, The jurisdiction for this hearing is lodged in the county
court who has full power and authority to correct any mistake or
error in the formation or organization of the district. Should the
petition be granted thereby correcting the irregularity or defect
in the petition, the issue may be appealed to the Circuit Court of
Pulaski County which has the power to hear the case de.novo and
render judgment.
It is my opinion that this is the remedy which the Legislature intends
for the Board to follow in this instance and consequently, it is my
recommendation that upon motion by the Board this Ordinance be left
on first reading and removed from the agenda until the alleged defects
in the petition are remedied. At such time as the defect is remedied
pursuant to the procedure allowed for by statute, the Board may then
proceed to determine whether or not a majority of the owners in
assessed value have in fact signed the petitions filed with the
City Clerk." .
A motion was then made by Director Milton, seconded by Director Bussey,
"that the Ordinance be left on first reading and removed from the agenda
until the defects in the petition filed with the City Clerk are remedied."
The motion was adopted by the following roll call vote: Ayes - Directors
Milton, Bussey, Mayor Shackelford and Director Priest - total 4; Noes -
None; Present and Not Voting - Directors Benafield and Villines - total 2;
Absent Director Prince - total 1. Mr. Mark Spradley, Mr. John Brooks,
Mr. Harold Smith, Mr. Earl Williams and Mr. Stan Rauls, had signed cards
to speak, but after the motion was adopted, there was no further
discussion.
There being no further business to be presented, Mayor Shackelford
declared the meeting adjourned at 7:10 o'clock P. M., with the Board of
Directors to convene in regular session on Tuesday, May 17, 1988, at 6:00
o'clock P. M.
ATTEST: *44�1 APPROVED:
(�CC
City Clerk Jane Czech Mayor Lottie L. Shackelford
.: .. .. .. * 1 * .. .. * .. *
Board of Directors Chamber
Little Rock, Arkansas
May 17, 1988 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Lottie Shackelford presiding and Jane
Czech, City Clerk was present. The following Directors answered roll
call: Directors Priest, Benafield, Milton, Bussey, Prince and
Villines - total 6; Absent - None.
Mayor Shackelford announced that a quorum was present and the
proceedings of the meeting are recorded as follows.
The Invocation was given by Director Milton.
The Consent Agenda was the first presentation, consisting of the
following items:
(a) Approval of the Minutes of the previous meeting held May 3,
1988.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of March, 1988.
(c) The 1987 Audit Report of the Little Rock Municipal Water
Works.
(d) The 1987 Audit Report of the Little Rock Advertising and
Promotion Commission.
(e) The 1987 Audit Report of the Little Rock Municipal Judges
Retirement Fund.
(f) The 1987 Audit Report of the City of Little Rock.
(g) Resolution No. 7,950, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN EASEMENT FROM THE CITY OF LITTLE ROCK AS GRANTOR TO THE
LITTLE ROCK MUNICIPAL WATER WORKS FOR PURPOSES OF A RIGHT -OF -WAY TO
LAY, CONSTRUCT, MAINTAIN, REPAIR, REPLACE, TEST AND INSPECT
UNDERGROUND WATER MAINS; AND FOR OTHER PURPOSES.
(h) Resolution No. 7,951, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A
CONTRACT TO GENE GRIFFIN FOR THE CONSTRUCTION OF A PRE -SOLD AFFORDABLE
HOME LOCATED AT 2007 HOWARD STREET TO CYNTHIA K. LEWIS.
(i) Resolution No. 7,952, described as:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE NICKELL AND STACY (FARRIS) STREETS
BETWEEN MARKHAM PARKWAY AND WEST MARKHAM STREET, IN HILLVALE ADDITION
TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing date to be June
7, 1988.)
(j) Resolution No. 7,953, containing the following caption:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE POLK STREET (FORMERLY GALLOWAY STREET)
BETWEEN BLOCKS 6 AND 7 IN NEWTON'S ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS. (Public Hearing date to be June 7, 1988.)
(k) Resolution No. 7,954, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE 1988 SLURRY SEAL CONTRACT, THE
PURCHASE OF A STAKEBED DUMP TRUCK, TWO AIR COMPRESSORS, FIVE (5) FIVE -
YARD DUMP TRUCKS FOR THE PUBLIC WORKS DEPARTMENT AND POLICE EQUIPMENT
FOR THE LITTLE ROCK POLICE DEPARTMENT.
63
64
MAY 17, 1988, Cont'd.
(1) Resolution No. 7,955, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW THE
CONTRACT WITH ADJUSTCO, INC., TO PROVIDE CONTINUED SERVICE TO THE CITY
OF LITTLE ROCK WORKERS' COMPENSATION PROGRAM FOR THE PERIOD OF JULY 1,
1988 THROUGH JUNE 30, 1989.
(m) Resolution No. 7,9561 described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH THE HAY GROUP, INC. FOR THE IMPLEMENTATION OF A POINT -
FACTOR CLASSIFICATION /COMPENSATION SYSTEM FOR CITY POSITIONS.
By motion from Director Villines, seconded by Director Bussey, 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 meeting held May 3, 1988 were approved as written and
summarized to members of the Board of Directors; (b) The Comparative
Statement of Income Account of the Little Rock Municipal Water Works
for the month of March, 1988, was received and filed; (c) The 1987
Audit Report of the Little Rock Municipal Water Works was received and
filed; (d) The 1987 Audit Report of the Little Rock Advertising and
Promotion Commission was received and filed; (e) The 1987 Audit Report
of the Little Rock Municipal Judges Retirement Fund was received and
filed; (f) The 1987 Audit Report of the City of Little Rock was
'
received and filed; and (g, h, i, j, k, 1 and m) Resolutions No.
7,950, 71951, 7,952, 7,953, 7,954, 7,955 and 7,956 were read in full
and adopted by the following roll call vote: Ayes - Directors Milton,
Bussey, Mayor Shackelford - Directors Prince, Villines, Priest and
Benafield - total 7; Noes - None; Absent - None.
At the time allotted for Citizen Communications Mayor Lorraine
Smith of Wrightsville, appealed to the Board of Directors to assist
some of the residents in the Wrightsville- Higgins area to obtain
water. An improvement district was previously established including
some of these property owners who are paying taxes, but not receiving
water. Mr. Oscar Lester, Sr. and Mr. George Fisher, also of
Wrightsville, requested the Board's assistance in obtaining water.
City Manager Tom Dalton was asked to obtain a report from the Water
Commission regarding the status and problems surrounding the water
supply in the Wrightsville and Higgins Area.
Mr. Wayne Salter, 21 Westmont Circle in the Meadowcliff Area,
spoke to the Board about crime in Hindman Park. He asked that a gate
be installed at the entrance to the park off Edgemont Drive. He
requested that the gate be closed at 10:00 or 10:30 P. M. Mayor
Shackelford requested Mr. Dalton to provide the Board of Directors
with a report on the request.
Consideration was then given to Ordinance No. 15,476, containing
the following caption:
AN ORDINANCE REPEALING ORDINANCE NO. 14,692 AND REVOKING A "PRD"
'
DISTRICT TITLED PLANTATION HOUSE IN THE CITY OF LITTLE ROCK, ARKANSAS.
(Z- 4229 -A - 2.15 acres located in the 8000 Block of West Markham
Street - "R -2" Single - family classification restored.)
and the Ordinance was read the first time. The rules were then
suspended to provide for the second reading of the Ordinance, by a
motion made by Director Villines, seconded by Director Bussey, and
unanimously adopted by the Board Members present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion again made and seconded by Directors Villines
and Bussey, respectively, to suspend the rules and place the Ordinance
on third and final reading. The motion received unanimous adoption by
the Board Members present, being seven 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. The question of passage of the
Ordinance was then submitted to an Aye and No Vote, which received the
following response: Ayes - Directors Milton, Bussey, Mayor
Shackelford, Directors Prince, Villines, Priest and Benafield - total
7; Noes - None; Absent - None. The Ordinance was then declared
PASSED.
L'
1
MAY 17, 1988, Cont'd.
Ordinance No. 15,477 was presented, entitled:
AN ORDINANCE AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF
THE CITY OF LITTLE ROCK, ARKANSAS (ZONING MAP - PLANTATION HOUSE "PRD"
DISTRICT.)
(Z- 4229 -A - 8000 Block of West Markham Street, designated as "R -2"
Single - family District.)
with the Ordinance being read the first time, followed by a motion
from Director Villines to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Bussey and
adopted by unanimous vote of the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Villines and
Bussey, respectively, and unanimously adopted by the Board Members
present, being seven 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, there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Directors Milton, Bussey, Mayor Shackelford, Directors Prince,
Villines, Priest and Benafield - total 7; Noes - None; Absent -
None. Whereupon, the Ordinance was declared PASSED.
Zoning Application Z- 4297 -A filed by Joe D. White for Winrock
Development Company, to rezone 9.3 acres located on Bowman Road at
Panther Creek, from "R -2" Single - family District to "MF -18" Multi-
family District, was next presented. The Planning Commission approved
the application on April 19, 1988. No opposition was presented to the
proposal and Ordinance No. 15,478 was presented, with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 4297 -A - 9.3 acres on Bowman Road at Panther Creek, from "R -2"
Single - family to "MF -18" Multi- family District.)
and after a first reading of the Ordinance, there was a motion by
Director Villines, seconded by Director Priest, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Villines and
Bussey, respectively, to suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present, being seven 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. The Aye and No Vote taken on
passage of the Ordinance received the following response: Ayes -
Directors Milton, Bussey, Mayor Shackelford, Directors Prince,
Villines, Priest and Benafield - total 7; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 15,479, containing
the following heading:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A "PRD" DISTRICT TITLED HINSONWOODS ADDITION "PRD" ( %-
5013) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES;
(10.08 Acres located on the east side of Hinson Road)
with the Ordinance being read the first time, after which there was a
motion by Director Villines for suspension of the rules and the
placing of the Ordinance on second reading. The motion was seconded
by Director Bussey, and unanimously adopted by members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors- elect. A second reading of the
Ordinance followed, with a motion being made by Director Villines,
seconded by Director Bussey, to further suspend the rules and place
the Ordinance on third and final reading. With the motion having been
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
65
MAY 17, 1988, Cont'd.
Board of Directors - elect, the Ordinance was read the third and last
time. The resulting Aye and No Vote taken on passage of the Ordinance
is herein recorded as follows: Ayes - Directors Milton, Bussey, Mayor
Shackelford, Directors Prince, Villines, Priest and Benafield - total
7; Noes - None; Absent - None. It was announced that the Ordinance
had PASSED.
Ordinance No. 15,480 was presented, described as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A "PRD" DISTRICT TITLED HILARO SPRINGS APARTMENTS "PRD"
(Z -4986) IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING CHAPTER 43 OF
THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER
PURPOSES;
(Z -4986 - 1.72 acres located immediately adjacent and west of 9400
Hilaro Springs Road.)
and there was a first reading of the Ordinance. A motion was then
made by Director Villines, seconded by Director Bussey, that the rules
be suspended and the Ordinance be placed on second reading, with the
motion being unanimously adopted by members of the Board of Directors
present being seven in number and two - thirds or more of the members of
the Board of Directors - elect. The Ordinance was subsequently read the
second time, resulting in a motion again made by Director Villines and
'
seconded by Director Bussey, for a further suspension of the rules to
permit the third and final reading. The motion was unanimously
adopted by voice vote of the members of the Board of Directors
present, being seven 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. There was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, resulting in the following vote: Ayes -
Directors Milton, Bussey, Mayor Shackelford, Directors Prince,
Villines, Priest and Benafield - total 7; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 15,481, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A "PRD" DISTRICT TITLED PROSPECT TERRACE SHORT -FORM "PRD"
(Z -5005) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF
THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER
PURPOSES;
(Z -5005 - Part of Lot 119, Prospect Terrace Addition - 5506 Edgewood
Road.)
and the Ordinance was read the first time. Director Villines
questioned why this proposal was presented as a "PRD ". He said it
seems the applicant is trying to get the ability to build on a smaller
lot than residential zoning will allow; and the purpose of the Board
'
of Adjustment is to deal with those kinds of issues. Mr. Gary
Greeson, Director of Comprehensive Planning explained "the way this
issue came up, they were actually trying to create a substandard size
lot which is a subdivision action, according to the Planning
Commission review. The Ordinance states that the Planning Commission
cannot approve new or revised lots; hence, the 'PRD' approach." Upon
question by Director Benafield, Mr. Greeson said fourteen neighbors
approved the plan and one neighbor objected. Mr. David Scruggs, the
property owner, explained the proposal which he said would enhance the
neighborhood. Mayor Shackelford commented, "the issue is not the
quality of the project, but rather the process." Director Prince said
it is quite possible the "PRD" approach is being misused. Mr. Greeson
responded that this is being evaluated and should be finished by the
end of May. A motion then followed from Director Benafield for
suspension of the rules and the placing of the Ordinance on second
reading. The motion was seconded by Director Prince and unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. A second reading of the Ordinance followed, with a
motion being made by Director Benafield and again seconded by Director
Prince, to suspend the rules and place the Ordinance on third and
final reading. With the motion having been unanimously adopted by
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect, the
Ordinance was read the third and last time. The resulting Aye and No
Vote taken on passage of the Ordinance received the following
,
t
1
MAY 17, 1988, Cont'd.
response: Ayes - Directors Milton, Bussey, Mayor Shackelford,
Directors Prince, Villines, Priest and Benafield - total 7; Noes -
None; Absent - None. The Ordinance was then declared PASSED.
Introduced next was Ordinance No. 15,482, containing the
following caption:
AN ORDINANCE AMENDING ORDINANCE NO. 15,191 PASSED OCTOBER 21,
1986;
(Ordinance no. 15,191 vacated an unnamed 40' street west of Kirby Road
and south of Sweet Bay Drive in Sachs Suburban Tracts Addition;
Amended to delete "except for public utility and drainage easement
purposes. ")
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Benafield, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion again made and seconded by Directors
Priest and Benafield, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being seven 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Directors Milton, Bussey,
Mayor Shackelford, Directors Prince, Villines, Priest and Benafield -
total 7; Noes - None; Absent - None. Whereupon, the Ordinance was
declared PASSED.
The next subject for discussion was the sale of water to the City
of Bryant, Arkansas. City Manager Tom Dalton pointed out that at the
May 11th Agenda Review Session, there was some concern raised about
our supplying water for a large growth area; there was some concern
raised about an annexation agreement. Since that meeting, he talked
with Mayor Dean Boswell of Bryant, the Water Commissioners and some of
the Board of Directors. He advised that the City of Bryant is
amenable to two changes in the contract as it was proposed to the
Board at last Wednesday's meeting. The first change is in the area of
the definition of a service area. It would be assumed and written
into the contract that the service area for the length of this
contract, which is twenty years, would be the present City Limits. It
would be assumed that the sale of water would not add to the area wide
growth of the City of Bryant. He further stated, "the question
Director Benafield raised is a little bit tougher. It is obvious that
State Law did not anticipate consolidating and /or merger of
municipalities in two different counties. So what I propose to you
and what Mayor Boswell is amenable to would be an amendment that would
read something like the following: 'That for the length of this
contract, when the two municipalities become contiguous, there will be
a commitment on the part of each municipality to initiate an ordinance
petitioning consolidation to be voted on by the residents of the two
municipalities, if legal. In essence, for the length of the contract,
if State Law provides, and if the two cities become contiguous each
would initiate action for consolidation'." Mayor Boswell told the
Board these two particular changes had not been considered by the
Bryant City Council, but "this is your ordinance and we are asking for
permission to tie -on and I'm sure there would be little or no
opposition." The contract with Bryant would come under the City's new
water and sewer service policy for non - residents and other cities. In
the discussion among Board Members, Director Prince said he had
problems with the proposed amendments because it was his understanding
that the policy was not to restrict the growth of other cities, and
the two amendments might be sending out an opposite signal. He added,
"we need to deal with other cities in a spirit of cooperation - not
alienate them." Director Villines stated that while the policy is not
intended to restrict growth of other cities, it is not intended to
enhance it; and while we don't want to limit, we don't want to enhance
growth away from the central core." Director Milton suggested that
before approving contracts, Little Rock should first develop the
foundation for a Central Arkansas Water Management Plan with
projections on what other cities will be served, and on the volumes
they will need. Director Benafield commented that beyond selling
water, there are other issues to be considered. Following the
discussion, a proposed Ordinance was presented, entitled:
67
68
MAY 17, 1988, Cont'd.
1
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
ROCK, ARKANSAS, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN
AGREEMENT FOR THE SALE OF WATER TO THE CITY OF BRYANT, ARKANSAS;
and the proposed Ordinance was read the first time. There was no
motion and second for suspension of the rules; therefore, the proposed
Ordinance remained on the calendar for second reading.
Director Hussey was excused.
The next presentation was Ordinance No. 15,483, that did not
appear on the Agenda, but was considered at the request of City
Attorney Mark Stodola, and contained the following title:
AN ORDINANCE APPROPRIATING $65,000.00 FROM THE CITY'S GENERAL
FUND FOR THE PAYMENT OF THE JUDGMENT, ATTORNEY'S FEES AND EXPENSES
INCURRED IN THE MULKS V. WALTON AND FERGUSON CASE;
(Case LR -86 -237 resulting from an August 1985 incident at Little Rock
Regional Airport, between Robert B. Mulks, an air passenger, and
officers Richard Walton and William Ferguson.)
and the Ordinance was read the first time. Upon question by Director
Benafield, Mr. Dalton advised that the award to the plaintiff amounted
to $20,000, and attorney fees and expenses totaled $45,000. Director
Milton felt the settlement was excessive, and Director Benafield
suggested that more money be spent on training and less on
settlements. Director Benafield requested that Mr. Dalton provide the
Board Members with an itemized list of the City's lawsuit settlements
over the past seven years. A motion was then made by Director Priest,
seconded by Director Villines, to suspend the rules and place the
Ordinance on second reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
There was a second reading of the Ordinance followed by a subsequent
motion made and seconded by Directors Priest and Villines,
respectively, to suspend the rules and place the Ordinance on third
and final reading. The motion received unanimous adoption by the
Board Members present, being seven 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. The Aye and No Vote taken on passage
of the Ordinance received the following response: Ayes - Mayor
Shackelford, Directors Prince, Villines, Priest and Benafield - total
5; Noes - Director Milton - total 1; Absent - Director Bussey -
total 1. Therefore, the Ordinance was declared PASSED.
At 7:40 o'clock P. M., Mayor Shackelford announced that the Board
of Directors would recess to executive session in the Board's
Conference Room, for the purpose of considering appointments to
various Boards and Commissions.
When the Board of Directors reconvened at 7:55 o'clock P. M. from
executive session, Mayor Shackelford presided and the following
Directors answered roll call: Directors Priest, Benafield, Milton,
Bussey, Prince and Villines - total 6; Absent - None.
Resolution No. 7,957 was introduced, with the title being:
A RESOLUTION APPOINTING MR. EVERETT TUCKER AS A COMMISSIONER OF
THE HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK;
(To fill unexpired term of William "Bic" Satterfield, ending October
14, 1991.)
and there was a complete reading of the Resolution. A motion was made
by Director Benafield and seconded by Director Villines, that the
Resolution be adopted. A roll call vote was taken and the Resolution
was adopted as follows: Ayes - Directors Milton, Bussey, Mayor
Shackelford, Directors Prince, Villines, Priest and Benafield - total
7; Noes - None; Absent - None.
The next presentation was Resolution No. 7,958, entitled:
A RESOLUTION REAPPOINTING MR. B. FINLEY VINSON TO THE ADVERTISING
AND PROMOTION COMMISSION;
(Four year term expiring May 4, 1992.)
MAY 17, 1988, Cont'd.
1
and the Resolution was read in its entirety. A motion was made by
Director Priest and seconded by Director Villines, that the Resolution
be adopted. A roll call followed and the Resolution was subsequently
adopted as follows: Ayes - Directors Milton, Hussey, Mayor
Shackelford, Directors Prince, Villines, Priest and Benafield - total
7; Noes - None; Absent - None.
The last matter to be considered was Resolution No. 7,959,
described as:
A RESOLUTION MAKING APPOINTMENTS TO THE PRIVATE INDUSTRY COUNCIL;
(Private Sector: F. Kramer Darragh, III, Kay Smith Patton, and Boyce
N. Pearson; Public Employment: Richard Tucker; Vocational Education:
James A Miller.)
and following the complete reading of the Resolution, a motion was
made by Director Priest and seconded by Director Villines, that the
Resolution be adopted. A roll call was taken and the Resolution was
adopted by the following vote: Ayes - Directors Milton, Hussey, Mayor
Shackelford, Directors Prince, Villines, Priest and Benafield - total
7; Noes - None; Absent - None.
There being no further business to be presented, Mayor
Shackelford declared the meeting adjourned at 8:00 o'clock P. M., with
the Board of Directors to convene in regular session on Tuesday, June
7, 1988 at 6:00 o'clock P. M.
ATTEST: APPROVED: �l F e a ' d1ce-1
City Clerk Jane Czech Mayor Lottie Shackelford
1
1
69
Board of Directors Chamber
Little Rock, Arkansas
June 7, 1988 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas m
in regular session with Director Charles Bussey serving as Acti
Mayor in the absence of Mayor Lottie Shackelford and Assistant May
Floyd Villines. City Clerk Jane Czech was present and called the ro
with the following Directors in attendance: Directors Benafiel
Milton and Prince - total 3; Absent - Mayor Shackelford, Assista
Mayor /Director Villines and Director Priest - total 3. (May
Shackelford, Directors Villines and Priest accompanied a group to t
Far East, sponsored by the Little Rock Chamber of Commerce.)
With a quorum present, Acting Mayor Bussey declared the Board
Directors in session.
The Invocation was given by Acting Mayor Bussey.
The Consent Agenda was the first presentation, consisting of
following items:
(a) The Minutes of the previous meeting held May 17, 1988.
(b) The Comparative Statement of Income Account of the Litt
Rock Municipal Water Works for the month of April, 1988.
(c) The 1987 Annual Report of the Residential Housing Faciliti
Board.
(d) The revised 1987 Audit Report of the Little Rock Wastewat
Utility.
(e) Resolution No. 71960, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCE
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF A FLEET MANAGEME
INFORMATION SYSTEM. (Hardware from Computer Products Unlimited, In
for $70,620; Software and interface equipment from Transportati
Management Techniques, Inc. for $33,890.)
(f) Resolution No. 7,961, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACC
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF A HYDRAULIC EXCAVAT
FLEET VEHICLES AND THE ANNUAL CONTRACT FOR ASPHALTIC MATERIALS.
(g) Resolution No. 71962, described as:
A RESOLUTION AUTHORIZING THE LITTLE ROCK PRIVA
INDUSTRY COUNCIL TO FUND WITH TITLE IIA JOB TRAINING PARTNERSH
FUNDS, PATHFINDER, INC., THE LITTLE ROCK SCHOOL DISTRICT, LITTLE RO
JTPA CLASSROOM TRAINING AND YOUTH COMPETENCIES PROGRAMS. (Pathfinde
Inc. - $71,443; Little Rock School District HIPPY Program - $87,21
Little Rock School District Remediation Program - $150,000; You
Competencies Program - $5,000; On- the -Job Training Program - $70,00
Classroom Training Program - $219,540.65; Administration
$142,368.75; and Participant Assistance - $203,554.60.)
(h) Resolution No. 7,963, containing the following caption:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
EXECUTE THE NECESSARY DOCUMENTS FOR THE PURCHASE OF 25 ACRES OF LA
KNOWN AS THE TAYLOR LOOP PARK SITE FOR THE TOTAL PRICE OF $210,00
AND THE CONVEYANCE OF 3 ACRES TO KELTON BROWN, JR. IN EXCHANGE FOR T
DEVELOPMENT OF A PARK AND IMPROVEMENTS TO DRAINAGE.
(i) Resolution No. 7,964, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON T
PETITION TO VACATE AND CLOSE THE ALLEY IN BLOCK 131 OF ORIGINAL CI
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing da
to be June 21, 1988)
1
1
1
JUNE 7, 1988, Cont'd.
By motion from Director Benafield, seconded by Director Prince, 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 meeting held May 17, 1988 were approved as written and
summarized 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 April, 1988 was received and filed; (c)
The 1987 Annual Report of the Residential Housing Facilities Board was
received and filed; (d) The revised 1987 Audit Report of the Little
Rock Wastewater Utility was received and filed; and (e, f, g, h & i)
Resolutions No. 7,960, 7,961, 7,962, 7,963 and 71964 were read in full
and adopted by the following roll call vote: Ayes - Directors
Benafield, Milton, Acting Mayor Bussey, and Director Prince - total 4;
Absent - Director Priest, Mayor Shackelford, and Director Villines -
total 3.
At this point in the meeting Ms. Brenda Donald of the City
Manager's Staff, presented a certificate and Little Rock T -Shirt to
Shannon Williams, a student, who completed the City of Little Rock's
Youth Video Project held at Metropolitan High School. Jacent
Allbritten, Vincent Tayborn and James Gorbet, will also receive
certificates and T- Shirts for completing the project, but were unable
to attend the meeting.
No one was present to speak at the time allotted for Citizen
Communications.
A proposed Ordinance was the next presentation, entitled:
AN ORDINANCE ADOPTING THE FOURCHE DISTRICT LAND USE PLAN AS THE
GUIDE FOR FUTURE LAND USE DECISIONS IN THE DISTRICT AND OTHER ISSUES;
and there was a first reading of
Board Members absent, a motion to
could not be offered; therefore,
the calendar for second reading.
the proposed Ordinance. With three
suspend the rules for second reading
the proposed Ordinance remained on
Another proposed Ordinance was considered, with the title being:
AN ORDINANCE ADOPTING THE PORT SOUTH DISTRICT LAND USE PLAN TO BE
USED BY THE CITY OF LITTLE ROCK AS A GUIDE FOR FUTURE LAND USE
DECISIONS;
and the proposed Ordinance was read the first time. With only four
Board Members present, the proposed Ordinance remained on the calendar
for second reading at the regular meeting to be held on June 21, 1988.
A public hearing had been scheduled by Resolution No. 7,952, and
notice thereof duly published on May 24, 1988 and May 31, 1988, on the
petition filed by Floyd H. Fulkerson for Darrell M. Riffel, et al, to
vacate and close Nickell & Stacy (Farris) Streets between Markham
Parkway and West Markham Street, as approved by the Planning
Commission. Attached to the petition was a certified copy of Hillvale
Addition on file in the Pulaski County Circuit Clerk's Office, and a
letter from Little Rock Abstract Company listing the last apparent
owners of record to abutting property. Director Prince made a motion,
seconded by Director Benafield, that the public hearing be opened.
The motion was unanimously adopted by the Board Members present.
There was no one present to speak in opposition to the street closures
and Director Benafield moved that the public hearing be closed.
Director Prince seconded the motion which was unanimously adopted by
the Board Members present, and the proposed Ordinance to close the
streets was presented, described as:
AN ORDINANCE VACATING AND CLOSING NICKELL AND STACY (FARRIS)
STREETS BETWEEN MARKHAM PARKWAY AND WEST MARKHAM STREET IN HILLVALE
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
and the proposed Ordinance was read the first time. With only four
Board Members present, the proposed Ordinance remained on the calendar
for second reading at the regular meeting on June 21, 1988.
A public hearing had been scheduled by Resolution No. 7,953, and
notice thereof duly published on May 24, 1988 and May 31, 1988, on the
petition filed by L. Dickson Flake for Bishop Andrew McDonald, et al,
to vacate and close Polk Street between Blocks 6 and 7, Newton's
Addition, running north from Hawthorne Road to St. John's Catholic
Center, which was approved by the Planning Commission. Acting Mayor
IN
JUNE 7, 1988, Cont'd.
91'I 0
Bussey declared the public hearing open and with no one present who
wished to speak in opposition to the proposed closing, Director
Benafield made a motion, seconded by Director Prince, that the public
hearing be closed. The motion was unanimously adopted and the
following proposed Ordinance was presented, entitled:
AN ORDINANCE VACATING AND CLOSING POLK STREET (FORMERLY GALLOWAY
STREET) FROM HAWTHORNE ROAD NORTH TO ITS TERMINUS, BETWEEN BLOCKS 6
AND 7, NEWTON'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
with the proposed Ordinance being read the first time. The rules
could not be suspended for second reading due to the absence of three
Board Members. Therefore, the proposed Ordinance remained on the
calendar for second reading.
A public hearing had been scheduled for this time and place to
consider an Ordinance assessing the value of benefits to be received
by the owners of each of the several blocks, lots and parcels of land
within Sewer Improvement District No. 147 of Little Rock, Arkansas.
The district contains 145 acres in Hicks Inter -Urban Subdivision and
is bounded by 24th Street, Kanis, Aldersgate and Junior Deputy Roads.
The notice of filing of the assessment of benefits was published in
the Arkansas Gazette on May 27, 1988. Acting Mayor Bussey declared ,
the public hearing open and announced that no objections had been
filed or received within the ten day period provided by law. No one
was present to speak in opposition to the assessments and Acting Mayor
Bussey declared the public hearing closed and a proposed Ordinance was
considered containing the following title:
AN ORDINANCE ASSESSING THE VALUE OF BENEFITS TO BE RECEIVED BY
THE OWNERS OF EACH OF THE SEVERAL BLOCKS, LOTS AND PARCELS OF LAND
WITHIN SEWER IMPROVEMENT DISTRICT NO. 147 OF LITTLE ROCK, ARKANSAS;
with there being a first reading of the Ordinance. Only four Board
Members were present; therefore, the proposed Ordinance remained on
the calendar for second reading.
The last matter to be considered was a proposed Ordinance, with
the title being:
AN ORDINANCE AMENDING CHAPTER 23 OF THE LITTLE ROCK CODE OF
ORDINANCES BY ADDING ARTICLE V - HORSE -DRAWN VEHICLES;
and the proposed Ordinance was read the first time and remained on the
calendar for second reading, since only four Board Members were
present.
There being no further business to be presented, it was moved by
Director Benafield, seconded by Director Milton, and unanimously
carried that this meeting be adjourned at 6:30 o'clock P. M., and that '
the Board of Directors convene in regular session on Tuesday, June 21,
1988 at 6:00 o'clock P. M.
ATTEST: A_y 44_& APPROVED: " / ,
City Clerk Jane Czech Acting Mayor Charles Bussey
1
1
1
Board of Directors Chamber
Little Rock, Arkansas
June 21, 1988 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Assistant Mayor Floyd Villines presiding in
the absence of Mayor Lottie Shackelford. City Clerk Jane Czech was
present and called the roll with the following Directors present:
Directors Priest, Milton, Bussey and Prince - total 4; Absent -
Director Benafield and Mayor Shackelford - total 2.
Assistant Mayor Villines declared a quorum to be present and the
meeting proceeded as follows.
The Invocation was given by Assistant Mayor Villines.
The first matter to be considered was Resolution No. 7,965,
entitled:
A RESOLUTION COMMENDING FINANCE DIRECTOR E. JACK MURPHY FOR HIS
DEDICATION AND COMMITMENT TO THE CITY OF LITTLE ROCK;
and the Resolution was read in its entirety. Following the reading of
the Resolution, Director Milton presented Mr. Murphy with a framed
picture of the Little Rock Skyline in color. A motion was made by
Director Milton, seconded by Director Prince, that the Resolution be
adopted. A roll call vote followed and the Resolution was
subsequently adopted as follows: Ayes - Assistant Mayor Villines,
Directors Priest, Milton, Bussey and Prince - total 5; Noes - None;
Absent - Director Benafield and Mayor Shackelford.
At this point in the meeting, Mrs. Sheila Vaught, Chairman of the
Riverfest Committee, presented a plaque to the Board of Directors for
their interest and support in the 1988 Riverfest.
The Consent Agenda was the next presentation consisting of the
following items:
(a) The reading of the Minutes of the previous Board Meeting
held June 7, 1988.
(b) Resolution No. 7,966, entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF AMERICAN
PRESTIGE, INCORPORATED TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE
PROGRAM. (Located at 7501 Enmar Drive)
(c) Resolution No. 71,967, with the title being:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE THE ALLEY IN BLOCK 23 OF GIBRALTER
HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public
Hearing date to be July 5, 1988)
(d) Resolution No. 7,968, containing the following caption:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE FROZEN ROAD FROM GEYER SPRINGS TO THE END
OF FROZEN ROAD IN LEIGH - BUTLER ACRES ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS. (Public Hearing date to be July 5, 1988)
(e) Resolution No. 7,969, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ESTABLISH
AN ACCOUNT WITH FUNDS FROM THE SAKON AND WALTHOUR ESTATES TO
SUPPLEMENT THE EDUCATIONAL PROGRAM AT THE LITTLE ROCK ZOO.
(f) Resolution No. 7,9701 entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD THE ANNUAL CONTRACT FOR THE PURCHASE OF COMMUNICATION
EQUIPMENT FOR VARIOUS DEPARTMENTS. (Annual contract - Motorola C & E,
Inc. - not to exceed budget)
73
74
JUNE 210 1988, Cont'd.
(g) Resolution No. 71971, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT TO EMPLOYERS REINSURANCE CORPORATION FOR
EXCESS COVERAGE FOR THE CITY OF LITTLE ROCK WORKERS' COMPENSATION
PROGRAM FOR A PERIOD OF JULY 1, 1988 THROUGH JUNE 30, 1989.
(h) Resolution No. 7,972, appearing on the Agenda as Item No.
24, described as:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE NECESSARY DOCUMENTS TO RELINQUISH EASEMENTS ON CERTAIN
PROPERTIES LOCATED WITHIN THE CITY OF LITTLE ROCK, ARKANSAS.
By a motion from Director Priest, seconded by Director Prince, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held June 7, 1988, approved as written and summarized
to the members of the Board of Directors; and (b, c, d, e, f, g & h)
Resolutions No. 7,966, 7,967, 7,968, 71969, 7,970, 7,971, and 7,972
were read in full and adopted by the following roll call vote: Ayes -
Directors Villines, Priest, Milton, Bussey and Prince - total 5;
Absent - Director Benafield and Mayor Shackelford - total 2.
At the time allotted for Citizen Communications, Mr. David
Bazzel, 101 Thayer Avenue, spoke to the Board Members concerning the
issue of the lack of a detention center. He explained that when a
sheriff or police officer arrests a juvenile, there is no place to
take the offender; adding, "it was brought to my attention that there
had been some money funded by the City of Little Rock, and had gotten
voter representation to use the money for a detention center."
Assistant Mayor Villines advised Mr. Bazzel that "we did set aside
$1,500,000.00 in the Bond Issue for a detention center; the idea was
to leave that open for discussion whether it be used for a detention
center or a combination resource facility, and to my knowledge there
has been no discussion on either issue." Director Milton requested
that City Manager Tom Dalton provide a report to the Board Members as
to what has transpired from the perspectives of Pulaski County and the
'State regarding the detention center.
Mayor Shackelford was enrolled.
The next presentation was Ordinance No. 15,484, containing the
following heading:
AN ORDINANCE ADOPTING THE FOURCHE DISTRICT LAND USE PLAN AS THE
GUIDE FOR FUTURE LAND USE DECISIONS IN THE DISTRICT AND OTHER ISSUES;
with the Ordinance being read the second time. The first reading
occurred on June 7, 1988. A motion followed by Director Prince,
seconded by Director Bussey, to suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being six 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. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Directors Villines, Priest, Milton, Bussey, Mayor Shackelford
and Director Prince - total 6; Noes - None; Absent - Director
Benafield - total 1. The Ordinance was then declared PASSED.
Ordinance No. 15,485 was considered, entitled:
AN ORDINANCE ADOPTING THE PORT SOUTH DISTRICT LAND USE PLAN TO BE
USED BY THE CITY OF LITTLE ROCK AS A GUIDE FOR FUTURE LAND USE
DECISIONS;
and there was a second reading of the Ordinance, with the first
reading having occurred on June 7, 1988. There was a motion made and
seconded by Directors Prince and Bussey, respectively, to suspend the
rules and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board Members present, being six 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
followed. The Aye and No Vote taken on the question, Shall the
Ordinance Pass, is recorded as follows: Ayes - Directors Villines,
Priest, Milton, Bussey, Mayor Shackelford and Director Prince - total
6; Noes - None; Absent - Director Benafield - total 1. Mayor
Shackelford then declared the Ordinance PASSED.
1
JUNE 21, 1988, Cont'd.
A proposed Ordinance had been placed on the Agenda for second
reading, having been read the first time June 71 1988, to vacate and
close Stacy and Nickell Streets lying between West Markham Street and
Rock Creek Parkway. At the request of Mr. Gary Greeson, Director of
Comprehensive Planning, the matter was deferred until the right -of -way
dedication is received in his office.
Consideration was given to Ordinance No. 15,486, described as:
AN ORDINANCE VACATING AND CLOSING POLK STREET (FORMERLY GALLOWAY
STREET) FROM HAWTHORNE ROAD NORTH TO ITS TERMINUS, BETWEEN BLOCKS 6
AND 7, NEWTON'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
with there being a second reading of the Ordinance. The Ordinance was
read the first time on June 71 1988. A motion was made by Director
Prince and seconded by Director Hussey, that the rules be suspended
and the Ordinance be placed on third and final reading. 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; whereupon, the Ordinance was then read the third
and last time. An Aye and No Vote was taken on passage of the
Ordinance which received the following response: Ayes - Directors
Villines, Priest, Milton, Hussey, Mayor Shackelford and Director
Prince - total 6; Noes - None; Absent - Director Benafield - total
1. Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 15,487, with the title
being:
AN ORDINANCE ASSESSING THE VALUE OF BENEFITS TO BE RECEIVED BY
THE OWNERS OF EACH OF THE SEVERAL BLOCKS, LOTS AND PARCELS OF LAND
WITHIN SEWER IMPROVEMENT DISTRICT NO. 147 OF LITTLE ROCK, ARKANSAS;
(145 Acres bounded by 24th Street, Kanis, Aldersgate and Junior Deputy
Roads.)
and the Ordinance was read the second time, having been read the first
time on June 7, 1988. A motion followed by Directors Prince and
Hussey, 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 six 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 followed. The question, Shall the Ordinance
Pass, was submitted to an Aye and No Vote which received the following
response: Ayes - Directors Villines, Priest, Milton, Hussey, Mayor
Shackelford and Director Prince - total 6; Noes - None; Absent -
Director Benafield - total 1. Therefore, the Ordinance was declared
PASSED.
Ordinance No. 15,488 was introduced, entitled:
AN ORDINANCE AMENDING CHAPTER 23 OF THE LITTLE ROCK CODE OF
ORDINANCES BY ADDING ARTICLE V, HORSE -DRAWN VEHICLES;
with there being a second reading of the Ordinance. The Ordinance was
read the first time June 7, 1988. A motion was made by Director
Prince and seconded by Director Bussey, to suspend the rules and place
the Ordinance on third and final reading. 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. There was a third and final reading of the Ordinance
followed by an Aye and No Vote taken on passage of the Ordinance which
resulted as follows: Ayes - Directors Villines, Priest, Milton,
Hussey, Mayor Shackelford and Director Prince - total 6; Noes - None;
Absent - Director Benafield - total 1. The Ordinance was then
declared PASSED.
Ordinance No. 15,489 was considered next, containing the
following caption:
AN ORDINANCE ADOPTING THE COLLEGE STATION /SWEET HOME DISTRICT
LAND USE PLAN AND OTHER ISSUES;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Villines, to suspend the rules
and place the Ordinance on second reading. 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
'75
JUNE 21, 1988, Cont'd.
Directors - elect, and the second reading of the Ordinance ensued. A
subsequent motion was made by Director Hussey to further suspend the
rules and place the Ordinance on third and final reading, which motion
was again seconded by Director Villines, and adopted by unanimous vote
of the 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.
There was a third and last reading of the Ordinance after which an Aye
and No Vote was taken on passage of the Ordinance with the response
being: Ayes - Directors Villines, Priest, Milton, Bussey, Mayor
Shackelford and Director Prince - total 6; Noes - None; Absent -
Director Benafield = total 1. Whereupon, the Ordinance was declared
PASSED.
At this point in the meeting, Director Bussey made a motion that,
"City Manager Tom Dalton be directed to settle the suit filed by
former Police Officer Gregory Hampton alleging he was wrongfully
dismissed from the Police Department, for a settlement of $10,000."
City Attorney Mark Stodola advised that, under the settlement, Mr.
Hampton forfeits his rights to future claims against the City, and he
will not seek reinstatement to his job. The motion was seconded by
Director Villines, and unanimously adopted by voice vote of the six
Board Members present.
Zoning Application Z- 3645 -B filed by Attorney Philip E. Kaplan
was the next presentation. The application requested the
'
reclassification of the SE corner of Rodney Parham Road at Green
Mountain Drive, described as Lot 1, JMH Subdivision, from "R -2"
-
Single - family to "C -2" Shopping Center District. The Planning
Commission approved the application on February 23, 1988, and the
Staff also approved the zoning change. No one was present to speak in
opposition to the reclassification and Ordinance No. 15,490 was
presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 3645 -B - Lot 1, JMH Subdivision, located on the SE corner of Green
Mountain Drive at Rodney Parham Road - from "R -2" to "C -2" District)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Bussey and seconded by Director Villines, which 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. Upon second reading of the Ordinance, there was a
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subsequent motion by Director Bussey that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Priest seconded the motion which was adopted by unanimous vote of the
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 ensued, followed by an Aye and
'
No Vote taken on passage of the Ordinance, with the results recorded
as follows: Ayes - Directors Villines, Priest, Milton, Hussey, Mayor
Shackelford and Director Prince - total 6; Noes - None; Absent -
Director Benafield - total 1. The Ordinance was then declared PASSED.
Zoning Application Z- 3831 -A from Guy Gregg to rezone 0.69 acres
located at 9702 I -30 (long legal description) was next considered.
The application requested a zoning change from "C -3" General
Commercial to "C -4" Open Display District, and received Planning
Commission approval on May 17, 1988. There were no objectors present
and Ordinance No. 15,491 was presented, containing the following
caption:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE
I
CITY OF LITTLE ROCK, ARKANSAS;
(Z- 3831 -A - 9702 I -30 - from "C -3" to "C -4" District)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Bussey, seconded by Director Villines, and by unanimous vote of the
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.
Upon second reading of the Ordinance, there was a subsequent motion
again made by Director Bussey, seconded by Director Priest, that the
,
i
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1
JUNE 21, 1988, Cont'd.
rules be suspended and the Ordinance be placed on third and final
reading. 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; whereupon, the Ordinance
was then read the third and last time. An Aye and No Vote was taken
on passage of the Ordinance which resulted as herein recorded: Ayes -
Directors Villines, Priest, Milton, Bussey, Mayor Shackelford and
Director Prince - total 6; Noes - None; Absent - Director Benafield
- total 1. Therefore, the Ordinance was declared PASSED.
The next Zoning Application (Z -5016) to be considered was filed
by John A. Rees for Noah Bates to rezone 4.22 acres located on the NE
corner of West 65th Street and Battle Road (long legal description),
from "R -2" Single - family to "C -4" Open Display and "OS" Open Space
Districts, as approved by the Planning Commission on May 17, 1988. No
opposition was presented to the request and Ordinance No. 15,492 was
considered, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5016 - 4.22 acres on the NE corner of West 65th Street and Battle
Road - from "R -2" to "C -4" and "OS" Districts)
and said Ordinance was read the first time, followed by a motion by
Director Bussey, seconded by Director Villines, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the 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 a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Bussey, seconded by Director
Priest, and 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. The Ordinance was read the third and
last time, and there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Directors Villines, Priest, Milton, Bussey, Mayor Shackelford and
Director Prince - total 6; Noes - None; Absent - Director Benafield
- total 1. Mayor Shackelford then declared the Ordinance PASSED.
Zoning Application Z -5017 to rezone 6307 Kavanaugh Boulevard,
described as the West 50 feet of Lots 1, 2 and 3, Block 2, Forest Park
Addition, from "R -2" Single - family to "R -4" Two- family District, was
considered at this time. The application was filed by Chester A.
Phillips and received approval of the Planning Commission on May 17,
1988. No opposition was presented to the reclassification and
Ordinance No. 15,493 was introduced, with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5017 - 6307 Kavanaugh Boulevard - from "R -2" to "R -4" District)
and after a first reading of the Ordinance, there was a motion by
Director Bussey, seconded by Director Villines, to suspend the rules
and place the Ordinance on second reading. 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, and the second reading of the Ordinance ensued. A
subsequent motion was again made by Director Bussey and seconded by
Director Priest, to further suspend the rules and place the Ordinance
on third and final reading. 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.
There was a third and final reading of the Ordinance after which an
Aye and No Vote was taken on passage of the Ordinance and resulted as
follows: Ayes - Directors Villines, Priest, Milton, Bussey, Mayor
Shackelford and Director Prince - total 6; Noes - None; Absent -
Director Benafield - total 1. Whereupon, the Ordinance was declared
PASSED.
Zoning Application 2-5018 from M. D. Nash to rezone 8209 Geyer
Springs Road located at the N/E corner of Geyer Springs Road and
Dreher Lane, and described as Tract No. If Southwest City Commercial
% 0
JUNE 21, 1988, Cont'd.
Subdivision, from "R -2" Single - family District to "C -4" Open Display
District, was the next presentation. The Planning Commission approved
the application on May 17, 1988. No opposition was presented to the
request and Ordinance No. 15,494 was presented, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5018 - 8209 Geyer Springs Road, from "R -2" to "C -4" District)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Bussey, seconded by Director Villines, and by unanimous vote of the
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.
Upon second reading of the Ordinance, there was a subsequent motion
again made by Director Bussey, seconded by Director Priest, that the
rules be suspended and the Ordinance be placed on third and final
reading. 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; whereupon, the Ordinance
was then read the third and last time. An Aye and No Vote was taken
on passage of the Ordinance which resulted as herein recorded: Ayes -
Directors Villines, Priest, Milton, Bussey, Mayor Shackelford and
Director Prince - total 6; Noes - None; Absent - Director Benafield
- total 1. It was then announced that the Ordinance had PASSED.
A public hearing had been scheduled for this time and place to
consider the formation of proposed Water and Sewer Improvement
District No. 141, on a 237 acre tract located in the South 1/2 of SW
1/4 of Section 4, T -1 -N, R -13 -W, a part of the NW 1/4 Section 9, a
part of the NE 1/4 Section 9, and a part of the SW 1/4, Section 9, T-
1-N, R -13 -W, City of Little Rock, Pulaski County, Arkansas, in the
vicinity of Kanis, Bowman and Hermitage Roads. The petition stated
the purpose of the improvement district was to construct a public
water distribution and sanitary sewer collector system to serve
inhabitants of the district and to construct water and sewer lines
beyond the boundaries of the district, where necessary, to make the
desired connection with the water and sanitary sewer systems of Little
Rock, Arkansas. It further stated the purposes of the district are to
be accomplished in the manner and of the materials that the
commissioners for the district shall deem to be in the best interest
of the district. Attached to the petition was a letter from Mid -South
Title Company of Central Arkansas, Inc., stating it was signed by a
majority in value of the owners of real property within the district
with an assessed value of $777,140.00. The total assessed value of
all the real property in the proposed district is $1,210,960.00.
Mayor Shackelford declared the public hearing open and upon question
by Director Milton, City Manager Tom Dalton explained this petition
excludes the Roger Properties that had been included in a previously
proposed district numbered 140, and there will most likely be the same
number of people paying off the project, as would have before.
Director Villines stated it was his understanding that the cost to the
property owners would be the same as in the previously proposed
district; and, all the petition before the Board now does is exclude
the Koger Properties. Mr. John Kapp, the assessor for the proposed
district, advised that Roger developed their own property; installed
all their own utilities; and that they are a major property owner
located on the outside boundary of the district. Subsequently, by
taking Roger out of the district, it will in no way, effect the cost
born by the remaining property owners. Mr. Kapp assured Director
Milton that the cost to the remaining people in the district would be
the same with the Koger Properties out of the district; adding, "the
cost would be the same - there is no change." Mr. Earl Ray Combee,
2200 Bowman Road, said he was not opposed to, or for the district, but
just wanted to see how it is handled. Ms. Juanita Gibson, 1603
Alberta Drive, stated she was not opposed to people having water and
sewer services, but was opposed to the costs and asked that they be
"held down." Ms. Gibson asked that Mr. Combee and Mr. Roy Rainey be
appointed as commissioners for the district and said they would be
willing to serve. Mr. Harold Smith, 1400 Bowman Road, who circulated
the petition, explained the reasons for suggesting Mr. Eugene C. Smith
and Mr. Valentine Balsam to serve with him as commissioners. All
three are property owners within the proposed district. Following the
discussion, a motion was made by Director Bussey, seconded by Director
it
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JUNE 21, 1988, Cont'd.
Villines, that "the public hearing be closed and that this meeting be
recessed until Wednesday, June 29, 1988 at 1:30 P. M., to consider the
Ordinance to establish the district." The motion was unanimously
adopted by the members of the Board of Directors present. Therefore,
the Ordinance was not presented, but will be considered June 29, 1988.
A public hearing had been scheduled by Resolution No. 7,964, and
notice thereof duly published on June 13, 1988 and June 20, 1988, on
the petition from Mr. Nolan Rushing for Leon Adams, et al, to vacate
and close that portion of the alley adjacent to Lots 1, 2, 3, 10, 11
and 12, Block 131, Original City of Little Rock, as approved by the
Planning Commission. Attached to the petition was a certified copy of
Block 131 of the Original City on file in the Pulaski County Circuit
Clerk's Office, and a letter from Beach Abstract and Guaranty Company
listing the last apparent owners of record to abutting property.
Mayor Shackelford then declared the public hearing open and with no
one present who wished to speak in opposition to the proposed closing,
a motion was made by Director Villines, seconded by Director Priest,
and unanimously adopted that the public hearing be closed. Ordinance
No. 15,495 was then presented, described as:
AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 131 OF
ORIGINAL CITY ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Villines, and 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. The Ordinance was then read
the second time. There was an ensuing motion again made by Director
Priest and seconded by Director Villines, 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 the 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; whereupon, there was a
third and last reading of the Ordinance. The passage of the Ordinance
was then submitted to an Aye and No Vote which resulted as follows:
Ayes - Directors Villines, Priest, Milton, Hussey, Mayor Shackelford
and Director Prince - total 6; Noes - None; Absent - Director
Benafield - total 1. The Ordinance was then declared PASSED.
Introduced next was Ordinance No. 15,496, with the title being:
AN ORDINANCE AMENDING ORDINANCE NO. 14,969 PASSED OCTOBER 15,
1986, WHICH CLOSED THE NORTH /SOUTH ALLEY IN CHERRY'S SUBDIVISION OF
BLOCK 341, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Villines, to suspend the rules
and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest
and Villines, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being six 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. The question, Shall
the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Directors Villines, Priest,
Milton, Bussey, Mayor Shackelford and Director Prince - total 6; Noes
- None; Absent - Director Benafield - total 1. Mayor Shackelford
then declared the Ordinance PASSED.
Ordinance No. 15,497 was the next presentation, entitled:
AN ORDINANCE DISSOLVING STREET IMPROVEMENT DISTRICT NO. 626 OF
LITTLE ROCK, ARKANSAS;
and the Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Villines, and 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. The Ordinance was then read
the second time. There was an ensuing motion again made by Director
JUNE 21, 1988, Cont'd.
Priest, again seconded by Director Villines, that the rules be
suspended to provide for the third and final reading of the Ordinance.
The motion was adopted by unanimous vote of the 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
last reading of the Ordinance. The passage of the Ordinance was then
submitted to an Aye and No Vote which resulted as follows: Ayes -
Directors Villines, Priest, Milton, Hussey, Mayor Shackelford and
Director Prince - total 6; Noes - None; Absent - Director Benafield
- total 1. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 15,498, containing
the following caption:
AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE
BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH
TWO CITY EMPLOYEES, PAUL LEWIS AND CHESTER BUTTS, AUTHORIZING THE CITY
MANAGER TO AWARD A CONTRACT FOR THE PURCHASE OF FORTY -NINE (49) USED
ELECTRIC GOLF CARS, FORTY -FOUR (44) USED PULL CARTS AND MISCELLANEOUS
PARTS FROM PAUL LEWIS AND FORTY -THREE (43) USED ELECTRIC GOLF CARS AND
MISCELLANEOUS PARTS FROM CHESTER BUTTS;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Villines, to suspend the rules
and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest
and Villines, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being six 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 followed. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Directors Villines, Priest, Hussey, Mayor Shackelford and
Director Prince - total 5; Noes - None; Abstentions - Director
Milton - total 1; Absent - Director Benafield - total 1. The
Ordinance was then declared PASSED.
Ordinance No. 15,499 was presented, described as:
AN ORDINANCE APPROPRIATING 1988 CAPITAL IMPROVEMENT BOND SALE
PROCEEDS, ESTABLISHING PROCEDURES FOR EXPENDING FUNDS, AND OTHER
PURPOSES;
(Various Projects)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Villines, and by unanimous vote of the
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.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Priest, again seconded by Director Villines, that the
rules be suspended and the Ordinance be placed on third and final
reading. 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; whereupon the Ordinance
was then read the third and last time. An Aye and No Vote was taken
on passage of the Ordinance which resulted as herein recorded: Ayes -
Directors Villines, Priest, Milton, Hussey, Mayor Shackelford and
Director Prince - total 6; Noes - None; Absent - Director Benafield
- total 1. The Ordinance was then declared PASSED.
A public hearing had been scheduled for this time and place to
consider the approval of the issuance by the City of Little Rock,
Arkansas Residential Housing Facilities Board of not to exceed
$56,900,000 original principal amount of its Mortgage Revenue Funding
and Public Facilities Bonds. Notice of the public hearing had been
published in the Arkansas Democrat on June 6, 1988 and June 13, 1988,
by Attorney George Campbell. Mayor Shackelford declared the public
hearing open and when no one appeared to speak in opposition, a motion
was made by Director Villines, seconded by Director Priest, which was
unanimously adopted, to close the public hearing. Ordinance No.
15,500 was then presented, containing the following caption:
i
JUNE 21, 1988, Cont'd.
AN ORDINANCE APPROVING THE ISSUANCE BY THE CITY OF LITTLE ROCK,
ARKANSAS RESIDENTIAL HOUSING FACILITIES BOARD OF NOT TO EXCEED
$56,900,000 ORIGINAL PRINCIPAL AMOUNT OF ITS MORTGAGE REVENUE
REFUNDING AND PUBLIC FACILITIES BONDS;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Villines, to suspend the rules
and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a motion again made and seconded by Directors Priest and
Villines, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present being six 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. The question, Shall
the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Directors Villines, Priest,
Milton, Bussey, Mayor Shackelford and Director Prince - total 6; Noes
- None; Absent - Director Benafield - total 1.
Introduced next was Ordinance No. 15,501, entitled:
AN ORDINANCE AMENDING ORDINANCE NO. 13,528 OF THE CITY OF LITTLE
ROCK, ARKANSAS, ADOPTED NOVEMBER 7, 1978, AS AMENDED BY ORDINANCE NO.
13,838 ADOPTED JULY 1, 1980, AND ORDINANCE NO. 14,068 ADOPTED JULY 7,
1981, TO EXPAND THE AUTHORITY OF THE CITY OF LITTLE ROCK, ARKANSAS
RESIDENTIAL HOUSING FACILITIES BOARD TO ISSUE REVENUE BONDS TO FINANCE
OTHER PUBLIC FACILITIES; CHANGING THE NAME OF THE BOARD TO REFLECT THE
EXPANDED AUTHORITY; PRESCRIBING OTHER MATTERS RELATING THERETO; AND
DECLARING AN EMERGENCY;
with the Ordinance being read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Villines and 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 second reading of the
Ordinance followed, with a motion again being made by Director Priest
and seconded by Director Villines, to suspend the rules and place the
Ordinance on third and final reading. With the motion having been
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, the Ordinance was read the third and last time.
The resulting Aye and No Vote taken on the passage of the Ordinance is
recorded as follows: Ayes - Directors Villines, Priest, Milton,
Hussey, Mayor Shackelford and Director Prince - total 6; Noes - None;
Absent - Director Benafield - total 1.
The Emergency Section contained in Section 7 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Villines, Priest, Milton, Hussey, Mayor Shackelford
and Director Prince - total 6; Noes - None; Absent - Director
Benafield - total 1. Therefore, the Ordinance, together with the
Emergency Section, was then declared PASSED.
Consideration was then given to Ordinance No. 15,502, with the
title being:
AN ORDINANCE AMENDING SECTION 7 -29(b) OF THE LITTLE ROCK CODE OF
ORDINANCES PERTAINING TO THE CONDITION OF DOG PENS AND PREMISES;
(Amended to include all animals)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Villines, to suspend the rules
and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
81
The Emergency Clause contained in Section 4 of the foregoing
'
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Villines, Priest, Milton, Hussey, Mayor Shackelford
and Director Prince - total 6; Noes - None; Absent - Director
Benafield - total 1. The Ordinance, together with the Emergency
Section was then declared PASSED.
Introduced next was Ordinance No. 15,501, entitled:
AN ORDINANCE AMENDING ORDINANCE NO. 13,528 OF THE CITY OF LITTLE
ROCK, ARKANSAS, ADOPTED NOVEMBER 7, 1978, AS AMENDED BY ORDINANCE NO.
13,838 ADOPTED JULY 1, 1980, AND ORDINANCE NO. 14,068 ADOPTED JULY 7,
1981, TO EXPAND THE AUTHORITY OF THE CITY OF LITTLE ROCK, ARKANSAS
RESIDENTIAL HOUSING FACILITIES BOARD TO ISSUE REVENUE BONDS TO FINANCE
OTHER PUBLIC FACILITIES; CHANGING THE NAME OF THE BOARD TO REFLECT THE
EXPANDED AUTHORITY; PRESCRIBING OTHER MATTERS RELATING THERETO; AND
DECLARING AN EMERGENCY;
with the Ordinance being read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Villines and 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 second reading of the
Ordinance followed, with a motion again being made by Director Priest
and seconded by Director Villines, to suspend the rules and place the
Ordinance on third and final reading. With the motion having been
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, the Ordinance was read the third and last time.
The resulting Aye and No Vote taken on the passage of the Ordinance is
recorded as follows: Ayes - Directors Villines, Priest, Milton,
Hussey, Mayor Shackelford and Director Prince - total 6; Noes - None;
Absent - Director Benafield - total 1.
The Emergency Section contained in Section 7 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Villines, Priest, Milton, Hussey, Mayor Shackelford
and Director Prince - total 6; Noes - None; Absent - Director
Benafield - total 1. Therefore, the Ordinance, together with the
Emergency Section, was then declared PASSED.
Consideration was then given to Ordinance No. 15,502, with the
title being:
AN ORDINANCE AMENDING SECTION 7 -29(b) OF THE LITTLE ROCK CODE OF
ORDINANCES PERTAINING TO THE CONDITION OF DOG PENS AND PREMISES;
(Amended to include all animals)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Villines, to suspend the rules
and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
81
JUNE 21, 1988, Cont'd.
followed by a subsequent motion made and seconded by Directors Priest
and Villines, respectively, to suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being six 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. The question of
passage of the Ordinance was then submitted to an Aye and No Vote,
which is recorded as follows: Ayes - Directors Villines, Priest,
Milton, Bussey, Mayor Shackelford and Director Prince - total 6; Noes
- None; Absent - Director Benafield - total 1. The Ordinance was
then declared PASSED.
The next presentation was a proposed Ordinance, entitled:
AN ORDINANCE GRANTING CONSENT AND APPROVAL TO CHANGES IN
OWNERSHIP OF THE GRANTEE OF THE CABLE TELEVISION FRANCHISE FOR THE
CITY;
(Stock of Holdings to be transferred to Comcast Storer, Inc., and TCI
Storer, Inc., Delaware corporations.)
and the proposed Ordinance was read the first time. There was no
motion to suspend the rules to permit the second reading of the
Ordinance; therefore, the proposed Ordinance remained on the calendar
for second reading at the July 5, 1988, Board of Directors' Meeting.
Ordinance No. 15,503 was considered, described as:
AN ORDINANCE TO ESTABLISH CRITERIA FOR DEFINING AND IDENTIFYING
DETERIORATING AND DETERIORATED AREAS AND DETERIORATING AND SUBSTANDARD
STRUCTURES IN THE CONTEXT OF CENSUS BLOCK GROUPS, AND FOR OTHER
PURPOSES;
with the Ordinance being read the first time, followed by a motion
from Director Priest to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Villines and
adopted by unanimous vote of the Board Members present, being six in
number and two - thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Priest and
Villines, respectively, and unanimously adopted by the Board Members
present, being six 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, there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Directors Villines, Priest, Milton, Bussey, Mayor Shackelford and
Director Prince - total 6; Noes - None; Absent - Director Benafield
- total 1. Whereupon, the Ordinance was declared PASSED.
The last matter to be considered was Resolution No. 7,973, that
did not appear on the Official Agenda, but was considered at the
request of City Attorney Mark Stodola, and contained the following
caption:
A RESOLUTION AMENDING RESOLUTION NO. 7,807 AUTHORIZING THE CITY
MANAGER TO NEGOTIATE CONTRACTS FOR THE PURCHASE OF PROPERTY IN FEE
SIMPLE, ALONG THE FOURCHE CREEK DRAINAGE PROJECT FOR THE GREEN FINGER
PARKS PLAN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
NECESSARY DOCUMENTS FOR THE PURCHASE OF PROPERTY IN FEE; AND, FURTHER
AUTHORIZING THE CITY ATTORNEY TO PROCEED WITH CONDEMNATION PROCEDURES
FOR ANY PARCEL WHICH THE CITY IS UNABLE TO PURCHASE;
and there was a complete reading of the Resolution. A motion was made
by Director Prince and seconded by Director Bussey, that the
Resolution be adopted. A roll call vote was taken and the Resolution
was adopted as follows: Ayes - Directors Villines, Priest, Milton,
Hussey, Mayor Shackelford and Director Prince - total 6; Noes - None;
Absent - Director Benafield - total 1.
1
JUNE 21, 1988, Cont'd.
There being no further business to be presented, Mayor
Shackelford declared the Board of Directors in recess at 7:10 o'clock
P. M., with the Board of Directors to reconvene on Wednesday, June 29,
1988 at 1:30 o'clock P. M., to consider the Ordinance to establish
Water and Sewer Improvement District No. 141.
ATTEST: �/ 9,4 APPROVED: - J(/ - 0 �
City Clerk Jane Czech Mayor Lottie Shackelford
83
iS4
Board of Directors Chamber
Little Rock, Arkansas
June 29, 1988 - 2:15 P. M.
The Board of Directors of the City of Little Rock, Arkansas,
reconvened from the June 21, 1988, regular Board Meeting with Mayor
Lottie Shackelford presiding. City Clerk Jane Czech called the roll
with the following Directors present: Directors Priest, Benafield,
Milton and Villines - total 4; Absent - Directors Hussey and Prince -
total 2.
With a quorum in attendance, Mayor Shackelford declared the Board
of Directors in session and stated the purpose of the reconvened
meeting was to consider establishing Water and Sewer Improvement
District No. 141. The public hearing was held at the June 21, 1988,
regular Board Meeting. (After the public hearing was closed, a motion
was made and adopted to recess the meeting on the 21st, and that the
Board reconvene on this date to consider the Ordinance.)
Ordinance No. 15,504 was then presented, entitled:
'
AN ORDINANCE ESTABLISHING WATER AND SEWER IMPROVEMENT DISTRICT
NO. 141 OF LITTLE ROCK, ARKANSAS;
(Located south of Kanis Road and west of Shackelford Road - Harold
Smith, Warren Stephenson and Valentine Balsam appointed
commissioners.)
and the Ordinance was read the first time. A motion was then made by
Director Villines, seconded by Director Priest, that the rules be
suspended and the Ordinance be placed on second reading, with the
motion unanimously adopted by 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. There was a second reading of the
Ordinance, followed by a subsequent motion made and seconded by
Directors Villines and Priest, respectively, to suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being five 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. An Aye and No
Vote was taken on the question, Shall the Ordinance Pass, with the
results recorded as follows: Ayes - Directors Priest, Benafield,
Milton, Mayor Shackelford and Director Villines - total 5; Noes -
None; Absent - Directors Hussey and Prince - total 2. Whereupon, the
Ordinance was declared PASSED.
'
There being no further business to be presented, Mayor
Shackelford declared the meeting adjourned at 2:30 o'clock P. M., with
the Board of Directors to convene in regular session on Tuesday, July
5, 1988 at 6:00 o'clock P. M.
ATTEST: ( APPROVEDOrfj�
City Clerk Jane Czech Mayor Lottie Shackelford
III
I�
L
Board of Directors Chamber
Little Rock, Arkansas
July 5, 1988 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Lottie Shackelford presiding. City
Clerk Jane Czech was present and called the roll with the following
Directors in attendance: Directors Priest, Benafield, Milton, Bussey,
Prince and Villines - total 6; Absent - None.
With a quorum present, Mayor Shackelford declared the Board of
Directors in session.
The Invocation was given by Mayor Shackelford.
The first presentation was the Consent Agenda consisting of the
following items:
(a) The Minutes of the previous meeting of the Board of
Directors held June 21, 1988, and the reconvened meeting held June 29,
1988.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of May, 1988.
(c) The 1987 Audit Report of the Policemen's Pension and Relief
Fund.
Fund.
(d) The 1987 Audit Report of the Firemen's Relief and Pension
(e) Resolution No. 7,974, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE NECESSARY DOCUMENTS TO CONVEY PROPERTY LOCATED AT 1720
IZARD STREET TO VARNELL NORMAN.
(f) Resolution No. 7,975, with the title being:
A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY BY
THE CITY OF LITTLE ROCK, ARKANSAS OF A DEED TO AND FIRST SUPPLEMENTAL
LEASE AND AGREEMENT WITH BH &G PROPERTIES, AN ARKANSAS GENERAL
PARTNERSHIP.
(g) Resolution No. 7,976, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF ASPHALTIC MATERIALS FOR
THE PUBLIC WORKS DEPARTMENT; JANITORIAL SERVICE FOR CITY BUILDINGS;
AND THE RE- ROOFING OF FIRE STATIONS NO. 5 AND 6.
(h) Resolution No. 7,977, containing the following caption:
A RESOLUTION EXPRESSING THE COMMITMENT OF THE LITTLE
ROCK BOARD OF DIRECTORS TO APPROPRIATE UP TO $20,000 FOR THE MIDTOWN
CORRIDOR AND BRIDGE CAPACITY STUDY.
(i) Resolution No. 7,978, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT TO THE CROMWELL FIRM FOR ARCHITECTURAL
SERVICES FOR THE ARKANSAS ARTS CENTER; AND AUTHORIZING THE CITY
MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO THE ALLISON, MOSES,
REDDEN FIRM FOR ARCHITECTURAL DESIGN WORK FOR THE WAR MEMORIAL POOL
COMPLEX.
(j) Resolution No. 7,979, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT TO TERRY JOHNSON ASSOCIATES, P. A. FOR
DESIGN ENGINEERING FOR THE CDBG 14TH YEAR CONSTRUCTION OF PANKEY
STREET AND JOSEPHINE STREET TO BLACK ROAD.
am
SG
JULY 5, 1988, Cont'd.
1
(k) Resolution No. 71980, described as:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE NECESSARY DOCUMENTS TO CONVEY THE CITY OF LITTLE ROCK'S
INTEREST IN A TRACT OF LAND LOCATED AT 12103 INTERSTATE 30 TO
AFFILIATED FOOD STORES, INC.
By a motion from Director Villines, seconded by Director Hussey, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held June 21, 1988 and the reconvened meeting held
June 29, 1988, were approved as written and summarized to members of
the Board of Directors; (b) The Comparative Statement of Income
Account of the Little Rock Municipal Water Works for the month of May,
1988, was received and filed; (c and d) The 1987 Audit Reports of the
Policemen's Pension and Relief Fund and the Firemen's Relief and
Pension Fund were received and filed; and (e, f, g, h, i, j & k)
Resolutions No. 7,974, 7,975, 7,9761 7,977, 7,978, 7,979 and 7,980,
were read in full and adopted by the following roll call vote: Ayes -
Mayor Shackelford, Directors Prince, Villines, Priest, Benafield,
Milton and Bussey - total 7; Noes - None; Absent - None.
No one was present to speak at the time allotted for Citizen
Communications.
Ordinance No. 15,505 was the next presentation, containing the
following caption:
AN ORDINANCE ADOPTING THE ARCH STREET PIKE DISTRICT LAND USE PLAN
TO BE USED BY THE CITY OF LITTLE ROCK AS A GUIDE FOR FUTURE LAND USE
DECISIONS;
with the Ordinance being read the first time, followed by a motion
from Director Villines to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Bussey and
adopted by unanimous vote of the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors- elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Villines and
Bussey, respectively, and unanimously adopted by the Board Members
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect. Following the third and final
reading of the Ordinance, there was an Aye and No Vote taken on the
question, Shall the Ordinance Pass, with the results recorded as
follows: Ayes - Mayor Shackelford, Directors Prince, Villines,
Priest, Benafield, Milton and Bussey - total 7; Noes - None; Absent
- None. Whereupon, the Ordinance was declared PASSED.
Zoning Application Z -4887 filed by Don Chambers for the Riffel
Estate of Pocahontas, Arkansas, to rezone 5.16 acres located at 4300 '
Shackleford Road (long legal description), from "R -2" Single - family to
"I -1" Industrial Park District, was next presented. The Planning
Commission approved the application on September 8, 1987. No
opposition was presented to the proposal and Ordinance No. 15,506 was
presented, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -4887 - 4300 Shackleford Road - "R -2" to "I -1"
and after a first reading of the Ordinance, there was a motion by
Director Villines, seconded by Director Bussey, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Villines and Bussey, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present being seven 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 followed. The
question, Shall the Ordinance Pass, was submitted to an Aye and No
1
87
i
JULY 5, 1988, Cont'd.
I
i
1
Vote, with the response being: Ayes - Mayor Shackelford, Directors
Prince, Villines, Priest, Benafield, Milton and Bussey - total 7;
Noes - None; Absent - None. Mayor Shackelford then announced that
the Ordinance had PASSED.
A public hearing had been scheduled by Resolution No. 7,967, and
notice thereof duly published on June 28, 1988 and July 5, 1988, on
the petition from Glenn Ledbetter for the Veterans of Foreign Wars, et
al, to vacate and close all of the north /south alley in Block 23,
Gibralter Heights Addition to the City of Little Rock, Arkansas, as
approved by the Planning Commission. Attached to the petition was a
certified copy of Gibralter Heights Addition on file in the Pulaski
County Circuit Clerk's Office, and a letter from Little Rock Abstract
Company listing the last apparent owners of record to abutting
property. Mayor Shackelford then declared the public hearing open and
with no one present who wished to speak in opposition to the proposed
closing, a motion was made by Director Priest, seconded by Director
Bussey, which was unanimously adopted that the public hearing be
closed. Ordinance No. 15,507 was then introduced, entitled:
AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 23 OF
GIBRALTER HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
with the Ordinance being read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Villines, and unanimously adopted by members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect. A second reading of the
Ordinance followed, with a motion being made by Director Priest, again
seconded by Director Villines, to further suspend the rules and place
the Ordinance on third and final reading. With the motion having been
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect, the Ordinance was read the third and last
time. The resulting Aye and No Vote taken on passage of the Ordinance
is herein recorded as follows: Ayes - Mayor Shackelford, Directors
Prince, Villines, Priest, Benafield, Milton and Bussey - total 7;
Noes - None; Absent - None. The Ordinance was then declared PASSED.
A public hearing had been scheduled for this time and place by
Resolution No. 7,968, and notice thereof duly published on June 28,
1988 and July 5, 1988, on the petition from Stephen F. Smith for Vogel
Sysco Company, to vacate and close the entire length of Frozen Road
beginning at its intersection of Geyer Springs Road, as approved by
the Planning Commission. Attached to the petition was a certified
copy of Section "A", Star Replat showing Frozen Road, on file in the
Pulaski County Circuit Clerk's Office, and a letter from Little Rock
Abstract Company listing the last apparent owners of record to
abutting property. Mayor Shackelford then declared the public hearing
open and with no one present who wished to speak in opposition to the
'
proposed closing, the hearing was declared closed and Ordinance No.
15,508 was presented, with the title being:
AN ORDINANCE VACATING AND CLOSING FROZEN ROAD FROM GEYER SPRINGS
TO THE END OF FROZEN ROAD IN LEIGH- BUTLER ACRES ADDITION TO THE CITY
OF LITTLE ROCK, ARKANSAS;
and the Ordinance was read the first time, followed by a motion from
Director Priest for suspension of the rules and the placing of the
Ordinance on second reading. The motion was seconded by Director
Villines and unanimously adopted by members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect. A second reading of the Ordinance
followed, with a motion being made by Director Priest and seconded by
Director Villines, to suspend the rules and place the Ordinance on
third and final reading. With the motion having been unanimously
adopted by members of the Board of Directors - elect, the Ordinance was
read the third and last time. The resulting Aye and No Vote taken on
passage of the Ordinance received the following response: Ayes -
Mayor Shackelford, Directors Prince, Villines, Priest, Benafield,
Milton and Bussey - total 7; Noes - None; Absent - None. Whereupon,
the Ordinance was declared PASSED.
JULY 5, 1988, Cont'd.
1
Introduced next was a proposed Ordinance, described as:
AN ORDINANCE VACATING AND CLOSING NICKELL AND STACY (FARRIS)
STREETS BETWEEN MARKHAM PARKWAY AND WEST MARKHAM STREET IN HILLVALE
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
(Read first time June 7, 1988; Second Reading deferred at June 21,
1988, Board of Directors Meeting.)
and there was a second reading of the Ordinance. Mr. Gary Greeson,
Director of Comprehensive Planning, advised that the dedication for
needed right -of -way has not been received; therefore, there was no
motion and second for suspension of the rules to permit the third and
final reading, and the proposed Ordinance remains on the calendar
until the right -of -way is dedicated.
Ordinance No. 15,509 was the next presentation, entitled:
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;
(3812 Ludwig, 13300 Highway 10, 5300 Russ, 13221 Dunbar and 5207
'
Derrick)
and the Ordinance was. read the first time. The rules were then
suspended to provide for the second reading of the Ordinance, by a
motion made by Director Priest, seconded by Director Villines, and
unanimously adopted by the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Villines and
Priest, respectively, to suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present, being seven 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. The question of passage of the
Ordinance was then submitted to an Aye and No Vote, which received the
following response: Ayes - Mayor Shackelford, Directors Prince,
Villines, Priest, Benafield, Milton and Bussey - total 7; Noes -
None; Absent - None.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Mayor Shackelford, Directors Prince, Villines, Priest,
Benafield, Milton and Bussey - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance together with the Emergency Clause was
declared PASSED.
The next matter to be considered was a proposed Ordinance, with
'
the title being:
AN ORDINANCE GRANTING CONSENT AND APPROVAL TO CHANGES IN
OWNERSHIP OF THE GRANTEE OF THE CABLE TELEVISION FRANCHISE FOR THE
CITY;
and there was a second reading of the proposed Ordinance, with the
first reading having occurred June 21, 1988. There was no motion and
second for suspension of the rules for the third and final reading,
and the proposed Ordinance remained on the calendar for third and
final reading on July 19, 1988,
A proposed Ordinance was read the first time May 17, 1988,
authorizing the execution of an agreement for the sale of water to the
City of Bryant, Arkansas. The City Council Members of Bryant were not
in agreement with the provisions of the proposed agreement, and the
matter was deferred at the June 1, 1988, Board of Directors Agenda
Session until another alternative is presented.. Director Villines
made a motion, seconded by Director Priest, that the proposed
Ordinance read May 17, 1988, be removed from the record. The motion
was unanimously adopted by the Board Members present, and a substitute
Ordinance, No. 15,518, was presented, containing the following
caption:
�I
JULY 5, 1988, Cont'd.
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
ROCK, ARKANSAS, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN
AGREEMENT FOR THE SALE OF WATER TO THE CITY OF BRYANT, ARKANSAS;
and the Ordinance was read the first time. A motion was then made by
Director Villines, seconded by Director Hussey, that the rules be
suspended and the Ordinance be placed on second reading, with the
motion being unanimously adopted by members of the Board of Directors
present being seven in number and two- thirds or more of the members of
the Board of Directors - elect. The Ordinance was subsequently read the
second time, resulting in a motion again made by Director Villines and
seconded by Director Hussey, for a further suspension of the rules to
permit the third and final reading. The motion was unanimously
adopted by voice vote of the members of the Board of Directors
present. Before the Ordinance was read the third and last time, a
discussion was held in which Director Benafield asked what changes, if
any, in the Agreement between the City of Little Rock and the City of
Bryant had been made since City Manager Tom Dalton explained the
proposed agreement at the June 29th Agenda Session, at which time the
matter was placed on the July 5, 1988, Official Agenda. Mr. Dalton
advised there had been no changes in the proposed agreement since the
Agenda Meeting on Wednesday. Director Benafield expressed concerns
for "setting up bedroom communities and white flight ", and said he
would like the issue of annexation submitted to the people for a vote,
if it becomes legal to annex territory across county lines. Referring
to Paragraph 2 of Page 2, of the proposed agreement, Director Milton
asked if the charge is the same levied to other cities such as North
Little Rock. Mr. Dalton stated the charge is the same as a user of
that size. Director Milton further referred to Section 13, Subsection
(C), saying it fails the two -way test and asked: "Is it fair to both
parties ?" He felt it was not fair to restrict Bryant's growth and
suggested sending the Ordinance "back to the drawing board" and
deleting Subsection (C) of Section 13, of the Agreement, and re-
lettering the remaining subsections. Director Villines commented, "if
we don't find a way to sell water to Bryant, we won't have any way of
working together - we are not subsidizing people. I think it is
consistent with the policy." Mayor Shackelford stated she had
reviewed the ruling of the 8th U. S. Circuit Court of Appeals at St.
Louis concerning school desegration in Pulaski County, and she could
not support the agreement as written; therefore, she would abstain
when the vote on the Ordinance is taken. A motion was then made by
Director Milton, seconded by Director Benafield, to "send this
Ordinance back to the drawing board." A roll call vote was taken on
the motion with the response being: Ayes - Directors Benafield and
Milton - total 2; Noes - Directors Prince, Villines, Priest and
Hussey - total 4; Abstentions - Mayor Shackelford - total 1. With
the motion having failed, another motion was made by Director Milton
to "delete Subsection (C) of Section 13 of the Agreement and re- letter
the remaining sections." The motion died for lack of a second. There
was no further discussion and the Ordinance was read the third and
last time. A roll call vote was taken on the question, Shall the
Ordinance Pass, with the results recorded as follows: Ayes -
Directors Prince, Villines, Priest and Hussey - total 4; Noes -
Directors Benafield and Milton - total 2; Abstentions - Mayor
Shackelford - total 1. Whereupon, the Ordinance was declared PASSED.
At 6:55 o'clock P. M., Mayor Shackelford announced that the Board
of Directors would recess to executive session in the Board's
Conference Room, for the purpose of considering appointments to
various Boards and Commissions.
When the Board of Directors reconvened at 7:20 o'clock P. M. from
executive session, Mayor Shackelford presided and the following
Directors answered roll call: Directors Prince, Villines, Priest,
Benafield and Milton - total 5; Absent - Director Hussey - total 1.
Resolution No. 7,981 was then presented, entitled:
A RESOLUTION MAKING APPOINTMENTS 'AND REAPPOINTMENTS TO THE
AMBULANCE AUTHORITY; ARKANSAS ARTS CENTER BOARD OF TRUSTEES; BOARD OF
ADJUSTMENT; CENTRAL ARKANSAS TRANSIT AUTHORITY; HISTORIC DISTRICT
COMMISSION; MOTION PICTURE & TELEVISION COMMISSION; OAKLAND- FRATERNAL
CEMETERY BOARD; PARKING AUTHORITY; PORT AUTHORITY; SANITARY SEWER
COMMITTEE AND THE SIGN BOARD OF APPEAL;
(Ambulance Authority -
David
Jones; Arkansas Arts
Center Board of
Trustees - Sanford M.
Besser,
Curt Bradbury, Mrs. S.
Graham Catlett,
Frank S. Clawson, Mrs.
Ralph
Coppess, Ms. Patricia
Gray, Ronald G.
,WW
nU
July 5, 1988, Cont'd.
Kuerner; Board of Adjustment - George Wells; Central Arkansas Transit
Authority - Ron Copeland; Historic District Commission - Ms. Cheryl
Nichols, John Jarrard and William H. Kennedy, III; Motion Picture &
Television Commission - Mrs. Dena Benafield, Ben Combs, Mrs. Raye
Rogers, Steve Stephens; Oakland- Fraternal Cemetery - Frank Smith,
Ms. Georgia Smith and Mrs. Barbara Crowell Rogersy; Parking Authority
- Larry E. Townley; Port Authority - Ms. Letty McAdams; Sanitary
Sewer Committee - Richard L. Massie; and Sign Board of Appeal - Nevil
Charles Withrow, Jr.)
and there was a complete reading of the Resolution. A motion was made
by Director Milton, seconded by Director Benafield, that the
Resolution be adopted. A roll call vote followed and the Resolution
was subsequently adopted as follows: Ayes - Mayor Shackelford,
Directors Prince, Villines, Priest, Benafield and Milton - total 6;
Noes - None; Absent - Director Hussey - total 1.
There being no further business to be presented, it was moved by
Director Prince, seconded by Director Milton, and unanimously carried
that this meeting be adjourned at 7:25 o'clock P. M., and that the
Board of Directors convene in regular session on Tuesday, July 19,
1988 at 6:00 o'clock P. M.
ATTEST: __d,i rte/ APPROVED:
City Clerk Jane Czech Mayor Lottie Shackelford
1
Board of Directors Chamber
Little Rock, Arkansas
July 19, 1988 - 6:88 P. M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Assistant Mayor Floyd G. Villines presiding in
the absence of Mayor Lottie Shackelford. City Clerk Jane Czech was
present and called the roll with the following Directors present:
Directors Priest, Milton, Hussey and Prince - total 4; Absent -
Director Benafield and Mayor Shackelford - total 2.
Assistant Mayor Villines declared a quorum to be present and the
meeting proceeded as follows.
The Invocation was given by Director Prince.
The first matter to be considered was the Consent Agenda which
included the following items:
(a) Approval of the Minutes of the previous meeting held July 5,
1988.
(b, c & d) Proposed Resolutions authorizing mutual aid
agreements with Cammack Village, Shannon Hills and Alexander, for 9 -1-
1 Emergency Services was deferred until the next meeting.
(e) Resolution No. 71982, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A QUITCLAIM DEED CONVEYING THE RIGHT -OF -WAY EASEMENT ATTACHED
HERETO AS "EXHIBIT An BACK TO AMERICAN STORES PROPERTIES, INC. OF
DELAWARE. (Skaggs Alpha Beta Store in the Southwest City Mall)
(f) Resolution No. 7,983, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR PLAYGROUND EQUIPMENT AS REQUESTED BY THE
PARKS AND RECREATION DEPARTMENT.
(g) Resolution No. 7,984, described as:
A RESOLUTION STATING THE CITY OF LITTLE ROCK'S INTEREST
IN PARTICIPATION IN THE ARKANSAS ENTERPRISE ZONE PROGRAM AND
DESIGNATION OF A CERTAIN ENTERPRISE ZONE IN LITTLE ROCK AND OTHER
PROVISIONS RELATED THERETO.
(h) Resolution No. 7,985, containing the following caption:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF SEASONS,
INCORPORATED TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM.
(Located at No. 6 Production Drive)
(i) Resolution No. 7,986, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE ANNUAL CONTRACT FOR OFFICE SUPPLIES.
(j) Resolution No. 7,987, with the title being:
A RESOLUTION AUTHORIZING THE CITY BEAUTIFUL COMMISSION
TO CREATE RULES AND ACCEPT ENTRIES FOR AN OFFICIAL FLAG FOR THE CITY
OF LITTLE ROCK.
By motion from Director Priest, seconded by Director Prince, 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 meeting held July 51 1988 were approved as written and
summarized to the members of the Board of Directors; (b, c & d)
Proposed Resolutions were deferred; (e, f, g, h, i and j) Resolutions
No. 7,982, 7,983, 7,984, 7,985, 7,986 and 71987 were read in full and
01 J
i qz
JULY 19, 1988, Cont'd.
adopted by the following roll call vote: Ayes - Director Prince,
Assistant Mayor Villines, Directors Priest, Milton and Bussey - total
5; Noes - None; Absent - Director Benafield and Mayor Shackelford -
total 2.
Assistant Mayor Villines introduced and welcomed Dr. Sigfus
Jonsson, Mayor of Akureyrei, Iceland, a participant in the
International Visitor Program. The program is sponsored by the United
States Information Agency and Dr. Jonsson is traveling in the United
States from July 10th through August 9th.
At the time allotted for Citizen Communications, Ms. Frances
Thomas, #13 Hayfield, addressed the Board citing overpopulation of
domestic animals in the City, it was her opinion that the Animal
Control Ordinance should require that dogs and cats, at the age of six
months, be sterilized if they are not licensed for breeding purposes.
She also said an Animal Control Commission is needed. City Manager
Tom Dalton was requested to check with other cities on .their
regulations.
The following rezoning application approved by the Planning
Commission on June 28, 1988, was the next presentation:
Z -5030 - From John P. McKay, Jr. for McKay Properties, Inc., to
rezone a tract in the NW 1/4, SW 1/4, NW 1/4, Section 11, T -1 -N, R -13-
W, located in the Kanis and Barrow Road Area, north of Labette Manor
Drive, from "R -2" Single - family District to "0-3" Office and
Institutional and "OS" Open Space Districts. No opposition was
presented to the reclassification; therefore, Ordinance No. 15,511 was
presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Bussey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest
and Bussey, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being five 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. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Director Prince, Assistant Mayor Villines, Directors Priest,
Milton and Hussey - total 5; Noes - None; Absent - Director
Benafield and Mayor Shackelford - total 2. The Ordinance was then
declared PASSED.
,
Ordinance No. 15,512 was introduced, containing the following
caption:
AN ORDINANCE AMENDING SECTION 37.10 OF THE SUBDIVISION ORDINANCE
OF THE CITY OF LITTLE ROCK;
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Bussey, and 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.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Priest, seconded by Director Bussey, that the rules
be further suspended and the Ordinance be placed on third and final
reading. The motion was unanimously adopted by 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; whereupon, the Ordinance
was then read the third and last time. An Aye and No Vote was taken
on passage of the Ordinance which resulted as herein recorded: Ayes -
Director Prince, Assistant Mayor Villines, Directors Priest, Milton
and Bussey - total 5; Noes - None; Absent - Director Benafield and
Mayor Shackelford. Whereupon, the Ordinance was declared PASSED.
1
JULY 19, 1988, Cont'd.
A public hearing had been scheduled for this time and place to
consider an Ordinance reassessing the value of benefits to be received
by the owners of each of several lots, blocks, and parcels of land
within Vimy Ridge Water Improvement District No. 139 of Little Rock,
Arkansas, with the reassessed benefits amounting to $4,251,580. The
notice of filing of the reassessment of benefits was published in the
Arkansas Democrat by Attorney Walter McSpadden on July 3, 1988.
Assistant Mayor Villines declared the public hearing open and with no
objections having been filed or received within the ten day period
provided by law, and no one present to speak in opposition, the public
hearing was declared closed and Ordinance No. 15,513 was presented,
entitled:
AN ORDINANCE REASSESSING THE VALUE OF BENEFITS TO BE RECEIVED BY
THE OWNERS OF EACH OF SEVERAL LOTS, BLOCKS, AND PARCELS OF LAND WITHIN
VIMY RIDGE WATER IMPROVEMENT DISTRICT NO. 139 OF LITTLE ROCK,
ARKANSAS; AND FOR OTHER PURPOSES;
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Bussey, that the rules be
suspended and the Ordinance be placed on second reading. 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 a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Priest, seconded by Director
Hussey, and unanimously adopted by 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 read the third and
last time, and there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Director Prince, Assistant Mayor Villines, Directors Priest, Milton
and Hussey - total 5; Noes - None; Absent - Director Benafield and
Mayor Shackelford - total 2. Therefore, the Ordinance was declared
PASSED.
Consideration was then given to Ordinance No. 15,514, with the
title being:
AN ORDINANCE AMENDING SECTION 21 -13.1 OF THE LITTLE ROCK CODE OF
ORDINANCES (PRIVILEGE LICENSE ORDINANCE);
(Adding Horse -drawn Vehicles)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Hussey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by 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. There was a second reading of the Ordinance,
followed by a subsequent motion again made by Director Priest and
seconded by Director Hussey, to further suspend the rules and place
the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being five 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Director Prince, Assistant
Mayor Villines, Directors Priest, Milton and Bussey - total 5; Noes -
None; Absent - Director Benafield and Mayor Shackelford - total 2.
It was then announced that the Ordinance had PASSED.
Introduced at this time was Ordinance No. 15,515, described as:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO NEGOTIATE CONTRACTS
FOR THE PURCHASE OF PROPERTY IN FEE SIMPLE FOR LAND ON THE EAST ONE -
HALF OF THE I -430/I -630 PARK SITE; AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE NECESSARY DOCUMENTS FOR THE PURCHASE OF PROPERTY
IN FEE; AND FURTHER AUTHORIZING THE CITY ATTORNEY TO PROCEED WITH
CONDEMNATION PROCEDURES FOR ANY PARCEL WHICH THE CITY IS UNABLE TO
PURCHASE;
and the Ordinance was read the first time. The rules were then
suspended to provide for the second reading of the Ordinance, by a
motion made by Director Priest, seconded by Director Bussey, and
unanimously adopted by the Board Members present, being five in number
and two - thirds or more of the members of the Board of Directors - elect.
93
. 0 (Al
V .Y
JULY 19, 1988 Cont'd.
There was a second reading of the Ordinance followed by a subsequent
motion made and seconded by Directors Priest and Bussey, respectively,
to suspend the rules and place the Ordinance on third and final
reading. The motion received unanimous adoption by the Board Members
present, being five 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. The question of passage of the Ordinance was then
submitted to an Aye and No Vote, with the results recorded as follows:
Ayes - Director Prince, Assistant Mayor Villines, Directors Priest,
Milton and Bussey - total 5; Noes - None; Absent - Director
Benafield and Mayor Shackelford - total 2. Whereupon, the Ordinance
was declared PASSED.
The next presentation was Ordinance No. 15,516, containing the
following caption:
AN ORDINANCE APPROPRIATING $15,000.00 FROM THE UNAPPROPRIATED
BALANCE OF THE CITY'S GENERAL FUND FOR GRADING WORK FOR THE SOCCER
FIELD, ROUGH GRADE ENTRANCE ROADS, AND SEEDING FIELDS FOR THE
DEVELOPMENT OF A PARK AT I -430 AND I -630;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Bussey, and unanimously adopted by 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 again made by Director
Priest and seconded by Director Bussey, 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 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
last reading of the Ordinance. The passage of the Ordinance was then
submitted to an Aye and No Vote which resulted as follows: Ayes -
Director Prince, Assistant Mayor Villines, Directors Priest, Milton
and Bussey - total 5; Noes - None; Absent - Director Benafield and
Mayor Shackelford - total 2. The Ordinance was then declared PASSED.
Ordinance No. 15,517 was presented, entitled:
AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE
BIDDING AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR THE
PURCHASE OF EMERGENCY MEDICAL CONSULTANT SERVICES;
(Arkansas Emergency Physician's Foundation - AEPF)
with the Ordinance being read the first time, followed by a motion
from Director Priest to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Bussey and
adopted by unanimous vote of the Board Members present, being five in
number and two- thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Priest and Bussey,
respectively, and unanimously adopted by the Board Members present,
being five 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, there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the results recorded as follows: Ayes -
Director Prince, Assistant Mayor Villines, Directors Priest, Milton
and Bussey - total 5; Noes - None; Absent - Director Benafield and
Mayor Shackelford - total 2. Assistant Mayor Villines then announced
that the Ordinance had PASSED.
The next presentation was Resolution No. 7,988, with the title
being:
A RESOLUTION NAMING THE PARK AT INTERSTATE 430 AND INTERSTATE 630
AS WEEDMAN PARK;
and the Resolution was read in its entirety. Mr. and Mrs. Weedman
were present at the Board Meeting and the Board expressed appreciation
to them for the generous donation of land for a park. A motion was
made by Director Prince and seconded by Director Bussey, that the
1
J
JULY 19, 1988, Cont'd.
Resolution be adopted. A roll call vote followed and the Resolution
was adopted as herein recorded: Ayes - Director Prince, Assistant
Mayor Villines, Directors Priest, Milton and Hussey - total 5; Noes -
None; Absent - Director Benafield and Mayor Shackelford - total 2.
Resolution No. 71989 was considered next, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION
FOR 1989 HERITAGE CONSERVATION RESOURCE SERVICE FUNDS (HCRS);
(For the park located at I -430/I -630)
and there was a complete reading of the Resolution. A motion was made
by Director Prince and seconded by Director Hussey, that the
Resolution be adopted. A roll call vote was taken and the Resolution
was adopted as follows: Ayes - Director Prince, Assistant Mayor
Villines, Mayor Priest, Milton and Hussey- total 5; Noes - None;
Absent - Director Benafield and Mayor Shackelford - total 2.
The last matter to be considered was Ordinance No. 15,518,
entitled:
AN ORDINANCE GRANTING CONSENT AND APPROVAL TO CHANGES IN
OWNERSHIP OF THE GRANTEE OF THE CABLE TELEVISION FRANCHISE FOR THE
CITY;
(Storer Communications Holdings, Inc. to sell its stock in the local
Riverside Cable TV to Comcast Storer, Inc., and TRR Storer Limited
Partnership.)
and there was a third and final reading of the Ordinance with the
first and second readings having occurred on June 21, 1988 and July 51
1988. A roll call vote was taken on the question, Shall the Ordinance
Pass, with the response being: Director Prince, Assistant Mayor
Villines, Directors Priest, Milton and Hussey - total 5; Noes - None;
Absent - Director Benafield and Mayor Shackelford - total 2.
Whereupon, the Ordinance was declared PASSED.
There being no further business to be presented, Assistant Mayor
Villines declared the meeting adjourned at 6:20 o'clock P. M., with
the Board of Directors to convene in regular session on Tuesday,
August 2, 1988 at 6:00 o'clock P. M.
ATTEST: 4,,.
City Clerk Jane Czech
APPROVED: `'
Assistant Mayor F. G. Villines
Board of Directors Chamber
Little Rock, Arkansas
August 2, 1988 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Lottie Shackelford presiding and Jane
Czech, City Clerk was present. The following Directors answered roll
call: Directors Priest, Benafield, Milton, Bussey, Prince and
Villines - total 6; Absent - None.
Mayor Shackelford announced that a quorum was present and the
proceedings of the meeting are recorded as follows.
The Invocation was given by Assistant Mayor Villines.
The Consent Agenda was the first presentation, consisting of the
following items:
(a) Approval of the Minutes of the previous meeting held July
19, 1988.
(b) Resolution No. 7,990, entitled:
'
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE A PART OF 35TH, TAYLOR AND POLK STREETS
IN REUBEL & LEYMER ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS.
(Hearing date set for August 16, 1988)
(c) Resolution No. 7,991, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF GOLF CARTS AND A FLAIL
MOWER FOR THE PARKS AND RECREATION DEPARTMENT; THE ANNUAL CONTRACT FOR
AN ELECTRICIAN AND PRINT SHOP PAPER FOR THE HUMAN AND GENERAL SERVICES
DEPARTMENT; AND ONE -HALF TON PICKUPS FOR THE PUBLIC WORKS DEPARTMENT.
(d) Resolution No. 7,992, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
CONTRACTS FOR THE EXTENSION OF ENGINEERING SERVICES FOR THE 1988
CAPITAL IMPROVEMENT BOND PROJECTS. (Contract to Civil Design, Inc.
for the Taylor Loop Road Project; and AMI Engineering, Inc. for
Chicot- Preston to Milford Project; and Grimes & Johnson, Inc, for the
Otter Creek Bridges.)
(e) Resolution No. 7,993, containing the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
'
A CONTRACT WITH THE LITTLE ROCK WASTEWATER UTILITY FOR THE RELOCATION
OF A 12 INCH AND A 42 INCH SANITARY SEWER LINE FOR THE FOURCHE CREEK
PROJECT, PHASE II. (Diamond Construction Company of North Little Rock
submitted the low bid.)
(f) Resolution No. 7,994, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A MUTUAL AID AGREEMENT WITH THE CITY OF CAMMACK VILLAGE, ARKANSAS TO
PROVIDE A COORDINATED 9 -1 -1 EMERGENCY NUMBER ANSWERING SERVICE.
(g) Resolution No. 7,995, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A MUTUAL AID AGREEMENT WITH THE CITY OF SHANNON HILLS, ARKANSAS TO
PROVIDE A COORDINATED 9 -1 -1 EMERGENCY NUMBER ANSWERING SERVICE.
(h) Resolution No. 7,996, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A MUTUAL AID AGREEMENT WITH THE TOWN OF ALEXANDER, ARKANSAS TO PROVIDE
A COORDINATED 9 -1 -1 EMERGENCY NUMBER ANSWERING SERVICE.
AUGUST 2. 1988. Cont'd.
(i) Resolution No. 7,997 appeared on the Agenda as Item No. 14,
but was read with the Consent Items at the request of Board Members
and contained the following title:
A RESOLUTION APPOINTING NEW MEMBERS TO THE CITY OF
LITTLE ROCK, ARKANSAS HEALTH FACILITIES BOARD (SOUTHWEST HOSPITAL) TO
FILL VACANCIES CREATED BY RESIGNATIONS, PRESCRIBING OTHER MATTERS
RELATING THERETO; AND DECLARING AN EMERGENCY. (Charles Stewart
appointed to fill unexpired term of Glen Mahone, and Jo Ann Macklin
appointed to fill unexpired term of Sharon Priest.)
By motion from Director Priest, seconded by Director Villines, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held July 19, 1988 were approved as written and
summarized to the members of the Board of Directors; (b, c, d, e, f,
g, h & i) Resolutions 'No. 7,990, 7,991, 7,992, 71993, 7,994, 7,9951
7,996 and Resolution No. 71997 with the Emergency Section, were read
in full and adopted by the following roll call vote: Ayes - Directors
Villines, Priest, Benafield, Milton, Hussey, Mayor Shackelford and
Director Prince - total 7; Noes - None; Absent - None.
No one was present to speak at the time allotted for Citizen
' Communications.
Ordinance No. 15,519 was the next presentation, containing the
following caption:
AN ORDINANCE APPROVING A MASTER STREET PLAN FOR THE LITTLE ROCK
PLANNING AREA AND RELATED MATTERS REPEALING ORDINANCE NO. 14,210; AND
FOR OTHER PURPOSES;
(Does not repeal portion relating to downtown streets.)
with the Ordinance being read the first time, followed by a motion
from Director Priest to suspend the rules and place the Ordinance on
second reading. The motion was seconded- by Director Prince and
adopted by unanimous vote of the Board Members present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Priest and
Villines, respectively, and unanimously adopted by the Board Members
present, being seven 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, there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Directors Villines, Priest, Benafield, Milton, Hussey, Mayor
Shackelford and Director Prince - total 7; Noes - None; Absent -
None. The Ordinance was then declared PASSED.
Zoning Application Z- 4305 -B from Robert East for Marion Burton to
rezone Tract F 2 -C, Riverdale Addition, located on Cottondale Lane,
was next considered. The application requested a zoning change from
"0-2" General Office District to 00-1" Quiet Office District, and
received Planning Commission approval on June 28, 1988. There were no
objectors present and Ordinance No. 15,520 was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF
LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 4305 -B - Tract F 2-C, Riverdale Addition, from 00-2" to 'O -1'
District)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Prince, and by unanimous vote of the
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
again made by Director Priest, seconded by Director Villines, that the
rules be suspended and the Ordinance be placed on third and final
reading. The motion was unanimously adopted by members of the Board
of Directors present, being seven in number and two - thirds or more of
the members of the Board of Directors - elect; whereupon, the Ordinance
was then read the third and last time. An Aye and No Vote was taken
n8
AUGUST 2, 1988, Cont'd.
on passage of the Ordinance which resulted as
Directors Villines, Priest, Benafield,
Shackelford and Director Prince - total 7;
None. Therefore, the Ordinance was declared
herein recorded: Ayes -
Milton, Bussey, Mayor
Noes - None; Absent -
PASSED.
The next Zoning Application (Z -5025) to be considered was filed
by Bill Lusk, President of Lusk Properties, Inc. to rezone 924 Rushing
Circle, described as Lot 1, Lusk Place Subdivision, from "C -3" General
Commercial District to "C -4" Open Display District, as approved by the
Planning Commission on June 28, 1988. No opposition was presented to
the request and Ordinance No. 15,521 was considered, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5025 - 924 Rushing Circle - from 'C -3' to "C -4' District)
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Prince, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion being made by Director Priest, seconded by Director Villines,
and unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect. The Ordinance was read the third and last
time, and there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the results recorded as follows: Ayes -
Directors Villines, Priest, Benafield, Milton, Bussey, Mayor
Shackelford and Director Prince - total 7; Noes - None; Absent -
None. Whereupon, the Ordinance was declared PASSED.
Zoning Application Z -5027 from Elvin Shuffield to rezone the
Kroger Shopping Center located at Roosevelt Road and Confederate
Boulevard, from "I -2" Light Industrial District to "C -3" General
Commercial District, which was approved by the Planning Commission on
June 28, 1988, was the next presentation. The property is owned by
the City of Little Rock and leased to Sam Strauss, et al. No
opposition was presented to the request and Ordinance No. 15,522 was
presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5027 - Kroger Shopping Center at Roosevelt Road and Confederate
Boulevard - from 'I -2' to 'C -3" District.)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Prince, and by unanimous vote of the
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
again made by Director Priest, seconded by Director Villines, that the
rules be suspended and the Ordinance be placed on third and final
reading. The motion was unanimously adopted by members of the Board
of Directors present, being seven in number and two - thirds or more of
the - members of the Board of Directors - elect; whereupon, the- Ordinance
was then read the third and last time. An Aye and No Vote was taken
on passage of the Ordinance which resulted as herein recorded: Ayes -
Directors Villines, Priest, Benafield, Milton, Bussey, Mayor
Shackelford and Director Prince - total 7; Noes - None; Absent -
None. It was then announced that the Ordinance had PASSED.
Zoning Application Z -5033 from H. Maurice Mitchell to rezone 5703
Baseline Road, described as Lot 1, Alyce Hewett Subdivision, was
introduced. The application requested a zoning change from "R -2"
Single - family to "C -4" Open Display District, and received Planning
Commission approval on June 28, 1988. There were no objectors present
and Ordinance No. 15,523 was presented, containing the following
caption:
FI I
L.J
1
1
AUGUST 2, 1988, Cont'd.
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5033 - 5703 Baseline Road - from 'R -2' to 'C -4' District)
and said Ordinance was read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Prince, and by unanimous vote of the
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
again made by Director Priest, seconded by Director Villines, that the
rules be suspended and the Ordinance be placed on third and final
reading. The motion was unanimously adopted by members of the Board
of Directors present, being seven 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. An Aye and No Vote was taken on passage
of the Ordinance with the response being: Ayes - Directors Villines,
Priest, Benafield, Milton, Hussey, Mayor Shackelford and Director
Prince - total 7; Noes - None; Absent - None. Therefore, the
Ordinance was declared PASSED.
Zoning Application 2-5037 filed by J. C. Whisnant, Agent for the
Estate of Amelia Metrailer, was the next presentation. The
application requested the reclassification of Lots 1, 2 & 3, Block 6,
Perry Heights Addition, located at the S/W corner of Fair Park
Boulevard and Maryland Avenue, from "R -3" Single - family District to
"0 -1" Quiet Office District. The Planning Commission approved the
application on June 28, 1988. No one was present to speak in
opposition to the reclassification and Ordinance No. 15,524 was
presented, with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5037 - SW corner of Fair Park and Maryland - from 'R -3' to 'O -1'
District.)
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Prince, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Priest, seconded by Director
Villines, and unanimously adopted by members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect. The Ordinance was read the third and
last time, and there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the response being: Ayes - Directors
Villines, Priest, Benafield, Milton, Hussey, Mayor Shackelford and
Director Prince - total 7; Noes - None; Absent - None. Whereupon,
the Ordinance was declared PASSED.
The last Zoning Application
by Jim Hathaway, to rezone a 40
east of Kanis Road, from "MF-
Institutional Districts to "C -2"
and "OS" Open Space Districts.
application on June 28, 1988.
opposition and the following
entitled:
to be considered was, Z- 4470 -A, filed
acre tract along Rock Creek Parkway,
18" Multi- family and "0 -3" Office &
Shopping Center, "O -3" General Office
The Planning Commission approved the
No one was present to speak in
proposed Ordinance was presented,
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES.
(Z- 4470 -A - 40 acres on Rock Creek Parkway east of Kanis Road - from
'MF -18' and '0-3' to 'C -2', 'O -3' and 'OS' Districts.)
and the proposed Ordinance was read the first time. There was no
motion and second for suspension of the rules to permit the second
reading; therefore, the proposed Ordinance remained on the calendar
for second reading at the regular Board Meeting on August 16, 1988.
q <�
100
AUGUST 2, 1988, Cont'd.
A proposed Ordinance entitled: AN ORDINANCE RATIFYING THE
ESTABLISHMENT OF THE QUAPAW CENTRAL BUSINESS IMPROVEMENT DISTRICT NO.
5 OF THE CITY OF LITTLE ROCK, ARKANSAS, was placed on the Agenda as
Item No. 8. Ms. Anne Ritchey, Attorney for the District, requested
that it be deferred until the next regular Board Meeting on.August
16th. No action was taken and the proposed Ordinance will be
considered on August 16, 1988.
A public hearing had been scheduled for this time and place on
the Ordinance assessing the benefits to be received by each of several
lots, blocks, and parcels of land within Quapaw Central Business
Improvement District No. 51 of Little Rock, Arkansas. Mayor
Shackelford declared the public hearing open. No one was present to
speak in opposition to the proposed Ordinance, but Ms. Anne Ritchey,
Attorney for the District, requested that the public hearing be
recessed until August 16, 1988, and that presentation of the Ordinance
be deferred until that date. Therefore, the public hearing will be
continued on August 16, 1988, and the proposed Ordinance will be
presented.
Ordinance No. 15,525 was introduced, with the title being:
AN ORDINANCE CONDEMNING CERTAIN STRUCTURES IN THE CITY OF LITTLE
ROCK AS STRUCTURAL, FIRE AND HEALTH HAZARDS; DIRECTING THE CITY
ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID
STRUCTURES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
and there was a first reading of the Ordinance. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Villines, which was
unanimously, adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. Upon second reading of the Ordinance, there
was a subsequent motion by Director Priest that the rules again be
suspended and the Ordinance be placed on third and final reading.
Director Benafield seconded the motion which was adopted by unanimous
vote of the members of the Board of Directors present, being seven in
number and .two- thirds or more of the members of the Board of
Directors - elect. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Villines, Priest,
Benafield, Milton, Bussey, Mayor Shackelford and Director Prince -
total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 7 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Villines, Priest, Benafield, Milton, Hussey, Mayor
Shackelford and Director Prince - total 7; Noes - None; Absent -
None. Whereupon, the Ordinance, together with the Emergency Section,
was then declared PASSED.
A proposed Ordinance was considered containing the following
title:
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A
CONTRACT FOR THE SALE AND EXTENSION OF WATER SERVICE TO THE CITY OF
SHANNON HILLS;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Villines, seconded by
Director Priest, and unanimously adopted by members of the Board of
Directors present, being seven 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 again made by Director
Villines and seconded by Director Priest, that the rules be further
suspended to permit the third and final reading of the Ordinance. The
motion was adopted by unanimous vote of the members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect. Before the third reading of
the Ordinance, Director Milton asked City Manager Tom Dalton to give a
recap regarding the Shannon Hills request. He said he was inclined to
support the request because the Board voted to extend water service to
Bryant, and in the absence of the plan he had requested and had not
yet received, perhaps there could be some context that explains this.
City Manager Tom Dalton explained that the Staff's recommendation was
that the request be denied. He said unlike the request that came to
you from the City of Bryant, this municipality is contiguous to the
1
101
AUGUST 2, 1988, Cont'd.
City of Little Rock, so the question of annexation and merger is one
that could be addressed now, jointly between the two municipalities,
as this next legislative session begins. Director Villines commented
that each situation varies and requested that the second paragraph in
Mr. Dalton's memorandum explaining the Staff's recommendation to the
Board, be entered into the record as follows:
"A review of the Shannon Hills request indicates a number of
important differences from a similar request made recently by the
City of Bryant. Shannon Hills is not a full service community,
but is instead primarily a residential suburb to Little Rock.
Where Bryant exercises extraterritorial zoning control outside
its corporate boundaries, Shannon Hills does not. Most
importantly, the Cities of Little Rock and Shannon Hills are
contiguous. The question of annexation or merger should be a
real one that can be addressed with new State legislation.
It is, therefore, my recommendation that the Board deny this
request as not being in Little Rock's best development
interests."
A discussion was held regarding a request from Southwest Homes,
Inc, for the extension of a 6500 foot forced sewer main. Attorney
George 0. Jernigan representing Southwest Homes, explained there is
currently a $2,400,000 renovation project underway and his client is
requesting a sewer connection to the Little Rock Wastewater Utility.
He said Southwest Homes had been receiving water for twenty years and
that the Wastewater Utility had recommended approval of the requested
sewer connection. Upon question by Director Benafield, Mr. Jernigan
said his client had agreed to annexation and no costs would be
incurred by the City. City Manager Tom Dalton said the basis of his
concern was that through this action, you will then be more
aggressively agreeing to the concept of sewer becoming a regional
service. By approving the request, Director Villines commented that
we would at least, have some handle on growth in this area. Following
the discussion, Ordinance No. 15,526 was presented entitled:
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A
CONTRACT FOR THE EXTENSION OF A 6500 FOOT FORCED SEWER MAIN FOR
SOUTHWEST HOMES, INC.;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Benafield, to suspend the rules
I and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued. A
subsequent motion was then made by Director Priest and seconded by
Director Benafield, to suspend the rules and place the Ordinance on
third and final reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect.
There was a third and final reading of the Ordinance after which an
Aye and No Vote was taken on passage of the Ordinance and resulted as
follows: Ayes - Directors Villines, Priest, Benafield, Milton,
Bussey, Mayor Shackelford and Director Prince - total 7; Noes - None;
Absent - None. Therefore, the Ordinance was declared PASSED.
At this point in the Board Meeting, Director Bussey expressed
appreciation of the Board of Directors and citizens of Little Rock, to
Tyrus Gilliam and Subash Wagh, lifeguards at War Memorial Swimming
Pool, for saving the life of an eight year old boy. He also presented
them with City of Little Rock T- Shirts.
A discussion was held regarding an Ordinance calling a Special
Election to approve an Ordinance to permit hotels, motels and
restaurants to sell alcoholic drinks on Sunday. Rev. John Finn of the
Christian Civic Foundation of Arkansas, Inc., was the first speaker.
He stated he was not opposed to letting the public vote, but felt
petitions should be circulated to get the issue on the ballot. Rev.
IIII Finn further commented that "increased availability of alcoholic
The proposed Ordinance was then read the third and last time and the
Aye and No Vote taken on the question, Shall the Ordinance Pass,
received the following response: Ayes - None; Noes - Directors
Villines, Priest, Benafield, Milton, Bussey, Mayor Shackelford and
Director Prince - total 7; Absent - None. It was announced that the
Ordinance had FAILED TO PASS.
A discussion was held regarding a request from Southwest Homes,
Inc, for the extension of a 6500 foot forced sewer main. Attorney
George 0. Jernigan representing Southwest Homes, explained there is
currently a $2,400,000 renovation project underway and his client is
requesting a sewer connection to the Little Rock Wastewater Utility.
He said Southwest Homes had been receiving water for twenty years and
that the Wastewater Utility had recommended approval of the requested
sewer connection. Upon question by Director Benafield, Mr. Jernigan
said his client had agreed to annexation and no costs would be
incurred by the City. City Manager Tom Dalton said the basis of his
concern was that through this action, you will then be more
aggressively agreeing to the concept of sewer becoming a regional
service. By approving the request, Director Villines commented that
we would at least, have some handle on growth in this area. Following
the discussion, Ordinance No. 15,526 was presented entitled:
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A
CONTRACT FOR THE EXTENSION OF A 6500 FOOT FORCED SEWER MAIN FOR
SOUTHWEST HOMES, INC.;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Benafield, to suspend the rules
I and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued. A
subsequent motion was then made by Director Priest and seconded by
Director Benafield, to suspend the rules and place the Ordinance on
third and final reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect.
There was a third and final reading of the Ordinance after which an
Aye and No Vote was taken on passage of the Ordinance and resulted as
follows: Ayes - Directors Villines, Priest, Benafield, Milton,
Bussey, Mayor Shackelford and Director Prince - total 7; Noes - None;
Absent - None. Therefore, the Ordinance was declared PASSED.
At this point in the Board Meeting, Director Bussey expressed
appreciation of the Board of Directors and citizens of Little Rock, to
Tyrus Gilliam and Subash Wagh, lifeguards at War Memorial Swimming
Pool, for saving the life of an eight year old boy. He also presented
them with City of Little Rock T- Shirts.
A discussion was held regarding an Ordinance calling a Special
Election to approve an Ordinance to permit hotels, motels and
restaurants to sell alcoholic drinks on Sunday. Rev. John Finn of the
Christian Civic Foundation of Arkansas, Inc., was the first speaker.
He stated he was not opposed to letting the public vote, but felt
petitions should be circulated to get the issue on the ballot. Rev.
IIII Finn further commented that "increased availability of alcoholic
(JZ
AUGUST 2. 1988. Cont'd.
beverages increases consumption; increased consumption increases
drinking drivers; and, increased drinking drivers increases alcoholic
crashes." Mr. Mark Abernathy, co- chairman of the "It's Your Choice
Committee ", respected Rev. Finn's concerns, but said the issue is
whether we will give the citizens of Little Rock the opportunity to
decide this issue at the polls. He stressed the Board was "in no way
supporting or opposing" Sunday liquor sales, but was being asked only
to "let the people vote." Others speaking in support of the Ordinance
were Mr. Muskie Harris, 1514 Summit Avenue; Ms. Mary F. Dillard, 1011
West 6th Street, #4; Mr. D. W. MacDonald, 1520 Market Street; and Mr.
Joe Calhoun, 3221 Ozark Street. The proposed Ordinance contained a
Section 8 which provided for appropriation of funds to defray the cost
of the election. Since the amount of expenses was not specific, the
Board generally agreed to delete Section 8 from the Ordinance. There
was no further discussion and Ordinance No. 15,527 was presented,
described as:
AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF LITTLE
ROCK, ARKANSAS, TO APPROVE AN ORDINANCE PERMITTING HOTELS, MOTELS AND
RESTAURANTS TO SELL ALCOHOLIC BEVERAGES ON SUNDAYS IN ACCORDANCE WITH
THE PROVISIONS OF ACT 766 OF 1987; PRESCRIBING OTHER MATTERS RELATING
THERETO;
with the Ordinance being read the first time, followed by a motion
from Director Villines to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Priest and
adopted by unanimous vote of the Board Members present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Priest and
Villines, respectively, and unanimously adopted by the Board Members
present, being seven 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, there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Directors Villines, Priest, Benafield, Milton, Bussey and Mayor
Shackelford - total 6; Noes - Director Prince - total 1; Absent -
None. Therefore, the Ordinance was declared PASSED.
At 7:30 o'clock P. M., Mayor Shackelford announced that the Board
of Directors would recess to executive session in the Board's
Conference Room, for the purpose of considering appointments to
various Boards and Commissions.
When the Board of Directors reconvened at 7:42 o'clock P. M. from
executive session, Mayor Shackelford presided and the following
Directors answered roll call: Directors Priest, Benafield, Milton,
Bussey, Prince and Villines - total 6; Absent - None.
Resolution No. 7,998 was then presented, entitled:
A RESOLUTION MAKING APPOINTMENTS TO METROCENTRE IMPROVEMENT
DISTRICT NO. 1 BOARD OF COMMISSIONERS; THE LITTLE ROCK PLANNING
COMMISSION AND THE PRIVATE INDUSTRY COUNCIL;
(Metrocentre - J. Tucker Morse; Planning Commission - John B.
McDaniel; PIC - Ernest E. Edwards, Jr.)
and there was a complete reading of the Resolution. A motion was made
by Director Villines, seconded by Director Priest, that the Resolution
be adopted. A roll call vote followed and the Resolution was
subsequently adopted as follows: Ayes - Directors Villines, Priest,
Benafield, Milton, Bussey, Mayor Shackelford and Director Prince -
total 7; Noes - None; Absent - None.
At 7:45 o'clock P. M., Directors Priest and Bussey made a motion
and second to adjourn, but when Director Milton advised that he wished
to introduce an Ordinance, the motion and second was withdrawn, and
the following proposed Ordinance was presented, containing the
following title:
L'
AUGUST 2. 1988. Cont'd.
AN ORDINANCE REPEALING ORDINANCE NO. 15,3111 AND FURTHER TO
SUBMIT TO THE PEOPLE FOR THEIR APPROVAL THE ISSUE OF WHETHER AN
ORDINANCE IMPLEMENTING THE PROVISIONS OF ACT 808 OF 1977, AS AMENDED
BY ACT 840 OF 1987, PROVIDING FOR WARD REPRESENTATION ON THE BOARD OF
DIRECTORS, WITH THREE POSITIONS ELECTED AT- LARGE, ONE AT-LARGE
POSITION BEING DESIGNATED FOR THE DIRECT ELECTION OF THE MAYOR SHOULD
BE ADOPTED BY THE BOARD OF DIRECTORS;
Director Benafield requested City Attorney Mark Stodola to
prepare a "seven ward ordinance to be submitted to the people" and
send it to all Board Members at the earliest possible moment to be
considered at the next meeting.
There being no further business to be presented, it was moved by
Director Priest, seconded by Director Milton, and unanimously carried
that this meeting be adjourned at 8:00 o'clock P. M., and that the
Board of Directors convene in regular session on Tuesday, August 16,
1988 at 6:00 o'clock P. M.
ATTEST: 191, � &7"�
City Clerk Jane Czech
APPROVED
Mayor Lottie Shackelford
103
with the proposed Ordinance being read the first time. Director
Milton felt that the people should be given an opportunity to vote on
this issue at the November 8th General Election, so the matter could
be resolved. A motion followed by Director Villines, seconded by
Director Prince, to suspend the rules and place the Ordinance on
second reading. The motion was unanimously adopted by members of the
Board of Directors present, being seven in number and two - thirds or
more of the members of the Board of Directors - elect. There was a
second reading of the Ordinance followed by a subsequent motion made
and seconded by Directors Villines and Benafield, respectively, to
suspend the rules and place the Ordinance on third and final reading.
The motion received unanimous adoption by the Board Members present,
being seven 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. The Aye and No Vote taken on passage of the
Ordinance received the following response: Ayes - Directors Benafield
and Milton - total 2; Noes - Directors Villines, Priest, Hussey and
Prince - total 4; Abstentions - Mayor Shackelford - total 1; Absent
- None. Therefore, the Ordinance FAILED TO PASS.
Director Benafield requested City Attorney Mark Stodola to
prepare a "seven ward ordinance to be submitted to the people" and
send it to all Board Members at the earliest possible moment to be
considered at the next meeting.
There being no further business to be presented, it was moved by
Director Priest, seconded by Director Milton, and unanimously carried
that this meeting be adjourned at 8:00 o'clock P. M., and that the
Board of Directors convene in regular session on Tuesday, August 16,
1988 at 6:00 o'clock P. M.
ATTEST: 191, � &7"�
City Clerk Jane Czech
APPROVED
Mayor Lottie Shackelford
103
104
Board of Directors Chamber
Little Rock, Arkansas
August 16, 1988 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Lottie Shackelford presiding. City
Clerk Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Milton, Bussey, Prince and Villines -
total 6; Absent - None.
With a quorum present, Mayor Shackelford declared the Board of
Directors in session.
The Invocation was given by Director Priest.
The Consent Agenda was the first presentation consisting of the
following items:
(a) The reading of the Minutes of the previous meeting held
August 2, 1988.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of June, 1988.
(c) The 1987 Annual Report of the Little Rock Municipal Water
Works.
(d) The 1987 Audit Report of the Central Arkansas Library
System.
(e) Resolution No. 7,999, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE WEST 39TH STREET BETWEEN WALKER AND
GILMAN STREETS, IN JOHN BARROW ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS. (Public Hearing date to be September 6, 1988)
(f) Resolution No. 81000, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH KPMG PEAT MARWICK TO PROVIDE CERTIFIED PUBLIC
ACCOUNTING SERVICE TO THE CITY OF LITTLE ROCK FOR 1988.
(g) Resolution No. 8,001, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE TO PROVIDE
COMPUTER SOFTWARE AND HARDWARE FOR PHASE I OF THE PULASKI AREA
GEOGRAPHIC INFORMATION SYSTEM (PAGIS).
(h) Resolution No. 8,002 appeared on the Agenda as Item No. 24,
but was read with the Consent Items at the request of Mayor
Shackelford and contained the following caption:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF LITTLE ROCK AND PULASKI
COUNTY FOR PROPERTY IN THE 100 BLOCK OF EAST MARKHAM STREET; AND
FURTHER AUTHORIZING AN ASSIGNMENT AGREEMENT BETWEEN THE CITY OF LITTLE
ROCK AND LITTLE ROCK CENTER ASSOCIATES, LTD.
By motion from Director Priest, seconded by Director Villines, 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 meeting held August 2, 1988 were approved as written and
summarized 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 June, 1988, was received and filed; (c)
The 1987 Annual Report of the Little Rock Municipal Water Works was
received and filed; (d) The 1987 Audit Report of the Central Arkansas
Library System was received and filed; and (e, f, g & h) Resolutions
AUGUST 16, 1988, Cont'd.
No. 7,999, 8,000, 81001 and 8,002 were read in full and adopted by the
following roll call vote: Ayes - Directors Priest, Benafield, Milton,
Bussey, Mayor Shackelford, Directors Prince and Villines - total 7;
Noes - None; Absent - None.
At the time allotted for Citizen Communications, Ms. Jean Duffey
of 523 West 3rd Street, a former assistant city attorney, spoke to the
Board of Directors about what she defined as severe problems and
extreme conditions that exist at the Little Rock Animal Control. Ms.
Duffey read a prepared statement in which she cited her allegations
(see statement filed with City Clerk). City Manager Tom Dalton
responded to Ms. Duffey's remarks with two facts: (1) During the
last seven months, there has been an average of 14 1/2 animals adopted
and 26 reclaimed per month at the Animal Shelter; and (2) This
Division is not under Sanitation, but Mr. Robinson will be over the
new individual heading the Animal Control. Because of Ms. Duffey's
allegations, Mr. Dalton assured the Board of Directors they would have
a report on the matter very soon.
A proposed Ordinance was next introduced and contained the
following title:
AN ORDINANCE REPEALING ORDINANCE NO. 15,311, AND FURTHER TO
SUBMIT TO THE PEOPLE AN ORDINANCE CALLING AN ELECTION ON THE ISSUE OF
WHETHER TO SELECT MEMBERS OF THE BOARD OF DIRECTORS FROM SEVEN SINGLE -
MEMBER DISTRICTS AS PROVIDED IN ACT 808 OF 1977 AS AMENDED BY ACT 840
OF 1987;
and the Ordinance was read the first time. Mr. John McCaleb, 4600
Annette Lane, representing the Pulaski County Property Owners
Association, spoke to the Board strongly recommending passage of the
Ordinance. Director Benafield, who requested that the Ordinance be
placed on the Agenda, made the following statement:
"Prior to voting on this proposal, it may be helpful to
remind us all of some recent and important history.
On November 6, 1956, the people of our city approved the
form of city manager government which we have today. As
part of that vote, the people also approved a system of
representation that allows every citizen to vote on all
seven city directors. The city directors themselves then
elect a mayor from their number. That form of management
and system of representation and election has served this
city well and without a single scandal. There are cities
all over our nation, and as close as next door, that envy
that record.
IIII In addition, the constitutionality and racial fairness of
our existing method of election of directors have been
challenged and specifically approved by the federal courts.
On September 26, 1980, Federal Judge Tom Eisele declared our
existing system of at large elections constitutionally
sound. In that case, r.eaig; h�o Roundah7g i,_ c;fv of
*•; +,1g—._Rock, (499 F.Supp. 579) Judge Eisele made an
exhaustive review of the history of our system of director
election and the results of that system. He noted
specifically (at page 585 of the Opinion) that the people
themselves approved this method of representation. The vote
was 19,442 for the 8,445 against. Les Hollingsworth was the
attorney for the plaintiffs that challenged that system. No
appeal was taken.
On June 9 of this year, the people of Little Rock again
voted on a proposal to change our form of government and our
method of electing directors. The proposed method of
electing directors at issue in that vote was the 4 -3
approach: four members elected by ward and three members
elected at large.
Despite the overwhelming rejection by the voters of this
proposed change, on July 7 of this year, a majority of this
Board decided to unilaterally change the method of director
selection to exactly the same 4 -3 method rejected by the
people just one month earlier. As we all know, that
decision opened the door for litigation. First, the
authority of the Board to make that decision was challenged
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AUGUST 16, 1988, Cont'd.
and is now on appeal to the Arkansas Supreme Court in a case
brought by former City Director and former Arkansas Supreme
Court Chief Justice Webb Hubbell. Now the other shoe is
about to fall. The change in the method of electing
directors to the 4 -3 system takes the city out from under
the protection of Judge Eisele's decision in the Leadershiu
Roundtable case. Obviously, the NAACP Legal Defense Fund,
represented by Mr. Hollingsworth, is aware of that and has
conveyed its intention to challenge the constitutionality of
the 4 -3 system unilaterally adopted by this Board.
Not only has the Board opened the door to this litigation;
not only has it done so without the vote of the people - it
has done so in the face of a voter rejection of the 4 -3
system. How will that be explained to the federal courts?
How much will it coat our taxpayers to t,ry to explain it to
the courts? The Q212gXt case against the city (544 F.Supp.
1231, 799 F.2d 1210) took nine years. The city spent over
$400,000 defending this case and may have to pay another
$500,000 to the plaintiff's counsel.
We are all painfully aware of the cost of, and chaos from
the recent Little Rock School District litigation. What
happens if the city loses this case? How much cost? How
much damage? How much confusion?
It is my belief that the 4 -3 plan adopted by this Board in
June will, in fact, dilute minority representation on the
Little Rock City Board. It clearly exposes the city to a
great risk in federal court.
=t, it is not too late to avoid these problems! For those
Board members, who sincerely believe that the people want to
change this method of representation, the proposal I offer
tonight provides a reasonable alternative to the risky path
we are now on. It would let the people vote in November
whether to have seven single members districts. This
proposed ordinance lets the people speak and decide. If the
people approve seven single member districts, the litigation
challenge is answered.
If the people do not approve a change to seven single member
districts, we will still be operating under the system which
has worked so well for over 30 years and has already been
approved by the courts.
Therefore, I ask for your vote on this proposal -
- a vote to let the people speak;
- a vote of common sense
- a vote which will avoid totally unnecessary
and unjustifiable legal expenses and
financial risks.
What is so urgent, so wise, or so certain as to justify an
insistence of taking the risks inherent in this new untested
method of electing directors?
Please explain why the voters should not decide on whether
to change the system they, themselves, created?
I humbly and sincerely ask for your vote to approve this
ordinance."
Following Director Benafield's statement, a lengthy discussion ensued
on the methods for electing directors. On July 7, 1987, the Board of
Directors passed Ordinance No. 15,311 establishing a four -ward system,
and three at -large positions with one being designated as mayor.
Attorney P. A. Hollingsworth has said the four -ward system as
currently set up, deprives black voters of the opportunity of electing
board members of their choice. Mr. Hollingsworth said with some
revisions, his clients would be willing to enter into a consent decree
which would immunize the City from litigation. Director Villines said
that under Director Benafield's proposal, the City could also be
subject to a lawsuit. Further discussion followed among Directors
Benafield, Villines, Milton and Mayor Shackelford. Director Milton
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AUGUST 16, 1988, Cont'd.
felt the people should be given an opportunity to make the decision.
Mayor Shackelford said the former method by which all seven board
members were elected at -large had not allowed equitable election of
board members based on geographical areas and races. She suggested
forming a task force to study the issue. A motion was then made by
Director Priest and seconded by Director Benafield, that the rules be
suspended and the Ordinance be placed on second reading, with the
motion being unanimously adopted by members of the Board of Directors
present being seven in number and two - thirds or more of the members of
the Board of Directors - elect. The Ordinance was subsequently read the
second time, resulting in a motion again made by Director Priest and
seconded by Director Benafield, for a further suspension of the rules
to permit the third and final reading. The motion was unanimously
adopted by voice vote of the members of the Board of Directors
present, being seven 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. There was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the response being: Ayes - Directors
Benafield and Milton - total 2; Noes - Directors Priest, Bussey,
Prince and Villines - total 4; Abstentions - Mayor Shackelford -
total 1; Absent - None. Therefore, it was declared that the
ORDINANCE HAD FAILED TO PASS.
At 7:20 o'clock P. M., Mayor Shackelford announced there would be
a fifteen minute recess.
When the Board of Directors reconvened at 7:35 o'clock P. M.,
Mayor Shackelford presided and the following Directors answered roll
call: Directors Priest, Benafield, Milton, Bussey, Prince and
Villines - total 6; Absent - None.
Ordinance No. 15,528 was the next presentation, described as:
AN ORDINANCE REPEALING SEC. 37.35(b) OF ORDINANCE NO. 13,556
(SUBDIVISION ORDINANCE), AS AMENDED, AND FURTHER AMENDING SEC.
37.35(d) TO PERMIT THE USE OF AN IRREVOCABLE LETTER OF CREDIT AS A
MEANS OF ASSURING COMPLETION OF SUBDIVISION IMPROVEMENTS, AND FOR
OTHER PURPOSES;
with the Ordinance being read the first time, followed by a motion
from Director Bussey for suspension of the rules and the placing of
the Ordinance on second reading. The motion was seconded by Director
Villines and unanimously adopted by members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors- elect. A second reading of the Ordinance
followed, with a motion being made by Director Bussey and again
seconded by Director Villines, to suspend the rules and place the
Ordinance on third and final reading. With the motion having been
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect, the Ordinance was read the third and last
time. The resulting Aye and No Vote taken on passage of the Ordinance
is recorded as follows: Ayes - Directors Priest, Benafield, Milton,
Bussey, Mayor Shackelford, Directors Prince and Villines - total 7;
Noes - None; Absent - None. Whereupon, the Ordinance was declared
PASSED.
Introduced next was Ordinance No. 15,529, entitled:
AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 37 OF THE CODE
OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS;
(Subdivision Ordinance dealing with discretionary authority of the
Planning Commission)
and there was a first reading of the Ordinance. The rules were then
suspended to provide for the second reading of the Ordinance by a
motion made by Director Bussey, seconded by Director Villines, and
unanimously adopted by the Board Members present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Bussey
and Villines, respectively, to suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being seven 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. The question of
passage of the Ordinance was then submitted to an Aye and No Vote,
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AUGUST 16, 1988, Cont'd,
which received the following response: Ayes - Directors Priest,
Benafield, Milton, Bussey, Mayor Shackelford, Directors Prince and
Villines - total 7; Noes - None; Absent - None. The Ordinance was
then declared PASSED.
Consideration was then given to Ordinance No. 15,530, with the
title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 4470 -A - 40 acres located on Rock Creek Parkway, east of Kanis
Road, from "MF -18" Multi- family and "0 -3" Office & Institutional
Districts to "C -2" Shopping Center, "0 -3" Office and "OS" Open Space
Districts.)
and the Ordinance was read the second time, having been read the first
time on August 2, 1988. A motion was made by Director Villines and
seconded by Director Bussey, that the rules be suspended to provide
for the third and final reading of the Ordinance. The motion was
adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect; whereupon, there was a third and last
reading of the Ordinance. The passage of the Ordinance was then
submitted to an Aye and No Vote which resulted as follows: Ayes -
Directors Priest, Benafield, Milton, Bussey, Mayor Shackelford,
Directors Prince and Villines - total 7; Noes - None; Absent - None.
The Ordinance was then declared PASSED.
Presented next was Ordinance No. 15,531, with the title being:
AN ORDINANCE AMENDING THE UPPER ROCK CREEK PLAN, ORDINANCE NO.
15,147, CHANGING THE NORTHWEST CORNER OF ROCK CREEK PARKWAY AND 36TH
EXTENSION FROM COMMERCIAL TO OFFICE;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Villines, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest
and Benafield, respectively, to further suspend the rules and place
the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being seven 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. The question
of passage of the Ordinance was submitted to an Aye and No Vote with
the response being: Ayes - Directors Priest, Benafield, Milton,
Bussey, Mayor Shackelford, Directors Prince and Villines - total 7;
Noes - None; Absent - None. Mayor Shackelford then announced that
the Ordinance had PASSED.
The next presentation was Zoning Application Z- 4930 -A, filed by
Eugene Lewis, Jr. for Arkansas National Life Insurance Company. The
application requested the reclassification of 32 acres on Flintridge
Road and I -430, from "R -2 "Single- family District to "0-3" Office and
Institutional and "OS" Open Space Districts. The Planning Commission
approved the zoning change July 12, 1988. Ordinance No. 15,532 was
then presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 4930 -A - 32 acres located on Flintridge Road and I -430)
and the Ordinance was read the first time. Mr. Ron Keeton, 7816
Flintridge Road and Mr. Phillip Craig, 8116 Flintridge Road, voiced
opposition to the zoning change. Mr. Keeton said the property was
annexed to the City and they still do not have water, fire hydrants
for fire protection, and the streets are not adequate to handle
additional traffic. He further commented that he would like for Mr.
Lewis to guarantee that "we are going to get water." Mr. Craig stated
only the Planning Commission and the developer approved the plan. Mr.
Eugene Lewis, Jr., the developer, presented pictures and explained
the proposed development to the Board of Directors. He stated if this
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AUGUST 16, 1988, Cont'd.
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zoning is approved, "we will get these people water and fire
protection within six months." Upon question by Director Milton, Mr.
Lewis said the plan includes improving Highway No. 5 to the entrance
of the development. Mr. Gary Greeson, Director of Comprehensive
Planning explained the Staff recommended denial because the Land Use
Plan calls for single - family zoning, the site is very steep, and
access off Stagecoach Road is inadequate. There was no further
discussion and a motion followed by Director Priest, seconded by
Director Benafield, to suspend the rules and place the Ordinance on
second reading. The motion was unanimously adopted by members of the
Board of Directors present, being seven in number and two - thirds or
more of the members of the Board of Directors - elect. There was a
second reading of the Ordinance followed by a subsequent motion made
and seconded by Directors Villines and Bussey, respectively, to
suspend the rules and place the Ordinance on third and final reading.
The motion received unanimous adoption by the Board Members present,
being seven 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. The Aye and No Vote taken on passage of the
Ordinance received the following response: Ayes - Directors
Benafield, Milton, Hussey, Prince and Villines - total 5; Noes -
Director Priest and Mayor Shackelford - total 2; Absent - None. The
Ordinance was then declared PASSED.
A proposed Ordinance was placed on the Agenda with the title
being: "An Ordinance Providing for a Waiver of the Subdivision
Ordinance Standards for Section 37.21 Calling for Street
Improvements." The proposal was for the Flintridge Business Addition,
and since the developer agreed to construct sidewalks, the Ordinance
was removed from the Agenda and no action was taken.
Consideration was then given to Ordinance No. 15,533, described
as:
AN ORDINANCE PROVIDING FOR A WAIVER OF THE SUBDIVISION ORDINANCE
STANDARDS FOR SECTION 37.21 AND SECTION 37.28 CALLING FOR STREET AND
DRAINAGE IMPROVEMENTS;
(University Office Park - pertaining to street width, paving and
right -of -way, cul -de -sac length, and sidewalks.)
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Benafield, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Priest, seconded by Director
Benafield, and unanimously adopted by members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect. The Ordinance was read the
third and last time, and there was an Aye and No Vote taken on the
question, Shall the Ordinance Pass, with the results recorded as
follows: Ayes - Directors Priest, Benafield, Milton, Bussey, Mayor
Shackelford, Directors Prince and Villines - total 7; Noes - None;
Absent - None. Whereupon, the Ordinance was declared PASSED.
Ordinance No. 15,534 was introduced, containing the following
caption:
AN ORDINANCE PROVIDING FOR A WAIVER OF THE SUBDIVISION ORDINANCE
STANDARDS FOR SECTION 37.21 CALLING FOR STREET IMPROVEMENTS;
(Hinson Manor Office Park - pertaining to street improvements.)
with the Ordinance being read the first time. A motion followed
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Benafield, and unanimously adopted by members of the Board of
Directors present, being seven 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 Priest
and seconded by Director Benafield, 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 the members of the Board
of Directors present, being seven in number and two - thirds or more of
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AUGUST 16, 1988, Cont'd.
i
the members of the Board of Directors - elect; whereupon, there was a
third and last reading of the Ordinance. The passage of the Ordinance
was then submitted to an Aye and No Vote which resulted as follows:
Ayes - Directors Priest, Benafield, Milton, Bussey,.Mayor Shackelford,
Directors Prince and Villines - total 7; Noes - None; Absent - None.
The Ordinance was then declared PASSED.
The next presentation was Ordinance No. 15,535, entitled:
VARIANCES FROM THE STANDARDS IN CHAPTER 37 .(SUBDIVISION
REGULATIONS) OF THE CODE OF ORDINANCES;
(12602 Brown Road - A minimum of a one -lot subdivision plat be
required, including right -of -way dedication and easements, and that
street improvements and filing fee requirements be waived.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Benafield, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion again made by Director Priest and
seconded by Director Benafield, to further suspend the rules and place
the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being seven 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Directors Priest, Benafield,
Milton, Bussey, Mayor Shackelford, Directors Prince and Villines -
total 7; Noes - None; Absent - None. Mayor Shackelford then
announced that the Ordinance had PASSED.
Ordinance No. 15,536 was considered, containing the following
title:
VARIANCES FROM THE STANDARDS IN CHAPTER 37 (SUBDIVISION
REGULATIONS) OF THE CODE OF ORDINANCES;
(11434 Oakhill - A minimum of a one -lot subdivision plat be required,
including right -of -way dedication and easements, and that street
improvements and filing fee requirements be waived.)
and the Ordinance was read the first time. The rules were then
suspended to provide for the second reading of the Ordinance, by a
motion made by Director Priest, seconded by Director Benafield, and
unanimously adopted. by the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Priest and
Benafield, to suspend the rules and place the Ordinance on third and
'
final reading. The motion received unanimous adoption by the Board
Members present, being seven 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. There was an Aye and No Vote taken
on passage of the Ordinance with the results recorded as follows:
Ayes - Directors Priest, Benafield, Milton, Bussey, Mayor Shackelford,
Directors Prince and Villines - total 7; Noes - None; Absent - None.
Therefore, the Ordinance was declared PASSED.
Ordinance No. 15,537 was the next presentation, entitled:
AN ORDINANCE PROVIDING FOR A WAIVER OF THE SUBDIVISION ORDINANCE
STANDARDS FOR SECTION 37.21 AND 37.24(c) CALLING FOR STREET
IMPROVEMENTS AND LOT TO DEPTH RATIO;
Asbury Acres - Casey's Replat - pertaining to street improvements and
lot to depth ratio.)
with the Ordinance being read the first time, followed by a motion
from Director Priest to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Benafield and
adopted by unanimous vote of the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Priest and
,
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AUGUST 16. 1988. Cont'd.
Benafield, respectively, and unanimously adopted by the Board Members
present, being seven 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, there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Directors Priest, Benafield, Milton, Bussey, Mayor Shackelford,
Directors Prince and Villines - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
A proposed Ordinance was considered next and contained the
following heading:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED POLK AND KAVANAUGH #11 SHORT -FORM
PCD (Z- 5004 -A) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER
43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER
PURPOSES;
(Z- 5004 -A - Lots 10, 11 and 12, Block 3, Mountain Park Addition - S/E
corner of Polk Street and Kavanaugh Boulevard.)
and there was a first reading of the Ordinance. Mr. Ben McMinn, 2324
North Tyler Street, the applicant, presented the request and told the
Board it was a good proposal. Several property owners were present
with Mr. Don Barnes, 2020 North Tyler Street, acting as spokesman for
the group. He voiced opposition to a two -story office building
stating the block is all residential. He felt the City has to draw
the line to prevent strip zoning and the line should be drawn at Polk
Street. Director Villines said the real question is land use, and
once rezoned, it would be difficult to hold the line. There was a
motion by Director Prince, seconded by Director Villines, to suspend
the rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present being
seven in number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Prince and
Villines, respectively, to suspend the rules and place the Ordinance
on third and final reading. The motion received unanimous adoption by
the Board Members present, being seven 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. The Aye and No Vote taken on
passage of the Ordinance received the following response: Ayes -
None; Noes - Directors Priest, Benafield, Milton, Hussey, Mayor
Shackelford and Director Villines - total 6; Abstentions - Director
Prince - total 1; Absent - None. Therefore, it was announced that
the Ordinance FAILED TO PASS.
A proposed Ordinance was placed on the Agenda as Item No. 16,
entitled: "An Ordinance Amending the Heights /Hillcrest Plan,
Ordinance No. 14,005, Changing the Southeast Corner of Polk and
' Kavanaugh from Residential to Office." With the proposed Ordinance to
approve a Planned Unit Development at Kavanaugh and Polk Street having
failed, the proposed Ordinance to amend the Heights /Hillcrest Plan was
removed from the Agenda and no action was taken.
Introduced at this time was Ordinance No. 15,538, with the title
being:
AN ORDINANCE REPEALING ORDINANCE NO. 14,476 AND REVOKING A "PRD"
DISTRICT TITLED WOODLAND HEIGHTS OFFICE GARDENS PCD (Z- 3370 -B) IN THE
CITY OF LITTLE ROCK;
(PRD revoked - changed to 10-3' Office District)
and the Ordinance was read the first time. The rules were then
suspended to provide for the second reading of the Ordinance, by a
motion made by Director Priest, seconded by Director Villines, and
unanimously adopted by the Board Members present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Priest and
Villines, to suspend the rules and place the Ordinance on third and
final reading. The motion received unanimous adoption by the Board
Members present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect, and the Ordinance was read
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AUGUST 16, 1988, Cont'd.
the third and last time. An Aye and No Vote was taken on passage of
the Ordinance with the results recorded as follows: Ayes - Directors
Priest, Benafield, Milton, Bussey, Mayor Shackelford, Directors Prince
and Villines - total 7; Noes - None; Absent - None. Mayor
Shackelford then declared the Ordinance PASSED.
The next presentation was Ordinance No. 15,539, described as:
i
AN ORDINANCE AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF
THE CITY OF LITTLE ROCK ZONING MAP WOODLAND HEIGHTS OFFICE GARDENS PCD
(Z- 3370 -B);
(Woodland Heights Office Gardens PCD District now designated 00-30
Office Zoning.)
and said Ordinance was read the first time, followed by a motion from
Director Priest to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Villines and adopted by
unanimous vote of the Board Members present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect, and
a second reading of the Ordinance followed. The rules were again
suspended and the Ordinance placed on third and final reading by a
motion again made and seconded by Directors Priest and Villines,
respectively, and unanimously adopted by the Board Members present,
being seven 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, there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the response being: Ayes - Directors Priest,
Benafield, Milton, Hussey, Mayor Shackelford, Directors Prince and
Villines - total 7; Noes - None; Absent - None. The Ordinance was
then declared PASSED.
Consideration was then given to Ordinance No. 15,540, containing
the following caption:
AN ORDINANCE REVISING THE EXTRATERRITORIAL LAND USE PLAN,
ORDINANCE NO. 15,102, TO CONFORM TO THE MASTER STREET PLAN AND CHENAL
VALLEY ZONING PLAN;
and the Ordinance was read the first time. The rules were then
suspended to provide for the second reading of the Ordinance, by a
motion made by Director Priest, seconded by Director Villines, and
unanimously adopted by the Board Members present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Priest and
Villines, respectively, to suspend the rules and place the Ordinance
on third and final reading. The motion received unanimous adoption by
the Board Members present, being seven 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. The question of passage of the
Ordinance was then submitted to an Aye and No Vote, which received the
,
following response: Ayes - Directors Priest, Benafield, Milton,
Hussey, Mayor Shackelford, Directors Prince and Villines - total 7;
Noes - None; Absent - None. It was announced that the Ordinance had
PASSED.
Ordinance No. 15,541 was the next presentation, with the title
being:
AN ORDINANCE AMENDING THE MASTER PARRS PLAN OF THE CITY OF LITTLE
ROCK, ORDINANCE NO. 14,517, TO ADD A COMMUNITY PARK IN SOUTHWEST
LITTLE ROCK, REMOVE LAND FROM THE FOURCHE .BOTTOMS PARK, AND RELOCATE
THE PORT PARR,
with the Ordinance being read the first time, followed by a motion
from Director Priest to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Villines and
adopted by unanimous vote of the Board Members present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion again made by Director Priest and seconded by
Director Villines, and unanimously adopted by the Board Members
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect. Following the third and last reading
r
1
[1
AUGUST 16, 1988, Cont'd.
of the Ordinance, there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Directors Priest, Benafield, Milton, Bussey, Mayor Shackelford,
Directors Prince and Villines - total 7; Noes - None; Absent - None.
Therefore, the Ordinance was declared PASSED.
A public hearing had been scheduled by Resolution No. 7,990, and
notice thereof duly published on August 9, 1988 and August 16, 1988,
on the petition from the Sara Lee Corporation, filed by Attorney David
P. Henry, to vacate and close portions of 35th, Taylor and Polk
Streets in Rudy's Farm Replat of Reubel and Leymer Addition to the
City of Little Rock, Arkansas, as approved by the Planning Commission.
Attached to the petition was a certified copy of Rudy's Farm Replat of
Reubel and Leymer Addition, and a letter from Little Rock Abstract
Company listing the last apparent owners of record to abutting
property. Mayor Shackelford then declared the public hearing open and
with no one present who wished to speak in opposition to the proposed
closing, the public hearing was declared closed. Ordinance No. 15,542
was then presented, entitled:
AN ORDINANCE VACATING AND CLOSING A PORTION OF 35TH, TAYLOR AND
POLK STREETS IN REUBEL & LEYMER ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS;
and after a first reading of the Ordinance, there was a motion by
Director Villines, seconded by Director Priest, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion again made and seconded by Directors
Villines and Priest, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being seven 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Directors Priest, Benafield,
Milton, Bussey, Mayor Shackelford, Directors Prince and Villines -
total 7; Noes - None; Absent - None. The Ordinance was then
declared PASSED.
A proposed Ordinance was co
following heading:
AN ORDINANCE APPROVING A
ESTABLISHING A PCD DISTRICT TITLED
"SHORT -FROM" PCD (Z -5003) IN THE
AMENDING CHAPTER 43 OF THE CODE OF
ROCK; AND FOR OTHER PURPOSES;
nsidered next and contained the
PLANNED UNIT DEVELOPMENT AND
BILL R. AND JO LUSK SUBDIVISION
CITY OF LITTLE ROCK, ARKANSAS,
ORDINANCES OF THE CITY OF LITTLE
(Z -5003 - 0.92 acres located 100' north of Highway No. 10 on the west
side of Pinnacle Valley Road)
and the proposed Ordinance was read the first time. Mr. Gary Greeson,
Director of Comprehensive Planning, stated the Staff's reasons for
recommending denial as "spot zoning" and that the proposal will lead
to strip zoning. A motion followed from Director Priest for
suspension of the rules and the placing of the Ordinance on second
reading. The motion was seconded by Director Prince and unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. A second reading of the Ordinance followed, with a
motion being made by Director Priest and seconded by Director
Benafield, to suspend the rules and place the Ordinance on third and
final reading. With the motion having been unanimously adopted by
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect, the
Ordinance was read the third and last time. The resulting Aye and No
Vote taken on passage of the Ordinance is recorded as follows: Ayes -
Director Benafield - total 1; Noes - Directors Priest, Milton,
Hussey, Mayor Shackelford, Directors Prince and Villines - total 6;
Absent - None. Therefore, it was declared that the Ordinance had
FAILED TO PASS.
11.3
AUGUST 16. 1988. Cont'd.
Ordinance No. 15,543 was presented, described as:
AN ORDINANCE APPROVING MODIFICATIONS TO A PLANNED UNIT
DEVELOPMENT AND PROVIDING FOR THE MAINTENANCE OF A PCD DISTRICT
ENTITLED "SPEARS REVISED SHORT -FORM PCD" (Z- 4451 -B) IN THE CITY OF
LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NO. 15,003 AND CHAPTER 43,
ARTICLE VI, SECTION 6 -101 OF THE CODE OF ORDINANCES OF THE CITY OF
LITTLE ROCK; AND FOR OTHER PURPOSES;
(Z- 4451 -B - Lot 6, Rick and Steve Subdivision- 12123 Kanis Road)
with the Ordinance being read the first time, followed by a motion
from Director Priest for suspension of the rules and the placing of
the Ordinance on second reading. The motion was seconded by Director
Prince and unanimously adopted by members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect. A second reading of the Ordinance
followed, with a motion again being made by Director Priest and
seconded by Director Benafield, to suspend the rules and place the
Ordinance on third and final reading. With the motion having been
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect, the Ordinance was read the third and last
time. The resulting Aye and No Vote taken on passage of the Ordinance I
received the following response: Ayes - Directors Priest, Benafield,
Milton, Bussey, Mayor Shackelford, Directors Prince and Villines -
total 7; Noes - None; Absent - None. Whereupon, the Ordinance was
declared PASSED.
Consideration was then given to Ordinance No. 15,544, with the
title being:
AN ORDINANCE RATIFYING THE ESTABLISHMENT OF THE QUAPAW CENTRAL
BUSINESS IMPROVEMENT DISTRICT NO. 5 OF THE CITY OF LITTLE ROCK,
ARKANSAS;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Prince, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest
and Benafield, respectively, to further suspend the rules and place
the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being seven 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
is recorded as follows: Ayes - Directors Priest, Benafield, Milton,
Mayor Shackelford, Directors Prince and Villines - total 6; Noes - '
None; Abstentions - Director Bussey - total 1; Absent - None.: The
Ordinance was then declared PASSED.
On August 2, 1988, a public hearing was opened to consider an
Ordinance assessing the benefits to be received by each of several
lots, blocks, and parcels of land within Quapaw Central Business
Improvement District No. 5. At the request of Ms. Anne Ritchey,
attorney for the District, the public hearing was recessed until
August 16, 1988 (see August 2, 1988 Minute Record). At this point in
the meeting, Mayor Shackelford announced that the public hearing would
be reconvened. Ms. Marcella M. Branch, 5648 North Barnes, Oklahoma
City, Oklahoma, was the first speaker. She and her sister own
property at the southwest corner of 16th and Main Streets, which has
been in the family for forty -four years. She expressed concern and
opposition citing an annual gross income of only $15,000 from the
property, saying this assessment will take one -third of that amount.
She felt proper notification had not been made since her sister was
the only one who received a notice. Mr. Vaughn McQuary of Rector -
Phillips- Morse, property manager for Ms. Branch, was concerned about
lack of information she received and asked for reconsideration on the
assessment. Ms. Ritchey explained there is only one statute requiring
notice which states the notice shall be sent to the person on the tax
assessor's records. Mr. John Kapp, an assessor for the District,
advised there is no provision in the statute to provide for hardship
cases. Mr. Mark Abernathy, a commissioner for the District, said this
project is important to the City and asked that "Ms. Branch meet with
us and we will show you what you are going to get." There was no '
L'
AUGUST 16, 1988, Cont'd.
further discussion, Mayor Shackelford declared the public hearing
closed, and Ordinance No. 15,545 was presented entitled:
AN ORDINANCE ASSESSING THE BENEFITS TO BE RECEIVED BY EACH OF
SEVERAL LOTS, BLOCKS, AND PARCELS OF LAND WITHIN QUAPAW CENTRAL
BUSINESS IMPROVEMENT DISTRICT NO. 5 OF THE CITY OF LITTLE ROCK,
ARKANSAS;
and there was a first reading of the Ordinance. A motion was then
made by Director Priest which was seconded by Director Prince, that
the rules be suspended and the Ordinance be placed on second reading,
with the motion being unanimously adopted by members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect. The Ordinance was
subsequently read the second time, resulting in a motion made by
Director Priest and seconded by Director Benafield, for a further
suspension of the rules to allow for the third and last reading of the
Ordinance. The motion was unanimously adopted by voice vote of the
members of the Board of Directors - elect, with the outcome being a
third and last reading of the Ordinance. There was an Aye and No Vote
taken on the question, Shall the Ordinance Pass, resulting in the
following vote: Ayes - Directors Priest, Benafield, Milton, Mayor
Shackelford, Directors Prince and Villines - total 6; Noes - None;
Abstentions - Director Hussey - total 1; Absent - None. Mayor
Shackelford then declared the Ordinance had PASSED.
There being no further business to be presented, it was moved by
Director Prince, seconded by Director Hussey, and unanimously carried
that this meeting be adjourned at 9:30 o'clock P. M., and that the
Board of Directors convene in regular session on Tuesday, September 6,
1988 at 6:00 o'clock P. M.
ATTEST: 91t4-
City Clerk
(� APPROVED
Jane Czech Mayor Lottie Shackelfor
115
116
Board of Directors Chamber
Little Rock, Arkansas
September 6, 1988 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Lottie Shackelford presiding. City
Clerk Jane Czech was present and called the roll with the following
Directors in attendance: Directors Priest, Benafield, Hussey, Prince
and Villines - total 5; Absent - Director Milton - total 1.
With a quorum present, Mayor Shackelford declared the Board of
Directors in session.
The Invocation was given by Director Benafield.
To begin the meeting Mayor Shackelford recognized the Parks and
Recreation Seagrams /Class Act Women's Softball Team, Mr. Tom Aloway,
the coach, and Mr. Bill Brown, the assistant coach. The team entered
the National Amateur Softball Tournament held in Duluth, Minnesota,
and won 4th place in the competition. The team displayed the large
trophy they brought home. Mayor Shackelford presented Little Rock T-
Shirts and the Board's Certificate of Appreciation to the team and to
each coach.
Mr. John R. Bailey, a spokesman for a large group of neighbors in
the vicinity of I -430 and I -630, who were present at the meeting,
expressed opposition to the proposed Weedman Park located at the end
of Oak Lane near I -630. He noted that Oak Lane is a narrow, two -lane
street and contended that it should not be used for access to the
proposed park. He also cited parking and noise problems saying the
street is totally inappropriate for traffic going into the park, and
stated that the neighborhood wants to maintain the peace and quiet it
now enjoys. Director Prince suggested that consideration be given to
making the area a nature trail or nature preserve, rather than a park.
Director Benafield commented that "this might need a great deal of
consideration." To conclude the discussion, City Manager Tom Dalton
advised that the City Staff will evaluate the access to, and
appropriate type of park, and when the evaluation is completed, the
neighbors will be notified and a report will be provided to Board
Members.
The Consent Agenda was presented, consisting of the following
items:
(a) The reading of the Minutes of the previous Board Meeting
held August 16, 1988.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of July, 1988.
(c) The Report of Commissioners for Water and Sewer Improvement
District No. 141.
(d) Resolution No. 8,003, entitled:
RESOLUTION APPOINTING BOARD OF ASSESSMENT FOR WATER AND
SEWER IMPROVEMENT DISTRICT NO. 141 OF LITTLE ROCK, ARKANSAS. (John M.
Kapp, John W. Beard and Carol J. Kordsmeier)
(e) Resolution Authorizing the City Manager to accept bids and
award contract for the purchase of refuse trucks, vehicle batteries,
fencing for the Police Training Facility, commercial trash pick -up,
and the Little Rock Calendar, was removed from the Consent Agenda and
considered separately.
(f) Resolution No. 8004, with the title being:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE NECESSARY DOCUMENTS TO CONVEY LOT 7, BLOCK 11, SUNSET
ADDITION, AND THE WEST ONE -HALF OF THE ADJACENT CLOSED ALLEY TO THE
STATE OF ARKANSAS FOR THE USE AND BENEFIT OF THE ARKANSAS LIVESTOCK
ASSOCIATION. (32nd and Schiller Streets)
0
Ll
II
SEPTEMBER 6. 1988. Cont'd.
(g) Resolution No. 8,005, described as:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF CENTRAL FLYING
SERVICE, INCORPORATED TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE
PROGRAM. (Located at Adams Field)
(h) Resolution No. 8,0061 containing the following caption:
A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK
TO ENTER INTO A LEASE AGREEMENT WITH THE ARKANSAS HIGHWAY AND
TRANSPORTATION DEPARTMENT; AND AUTHORIZING THE MAYOR AND CITY CLERK TO
ENTER INTO A LEASE WITH THE LITTLE ROCK AMBULANCE AUTHORITY. (For
additional property at 8th & Ringo Streets.)
(i) Resolution No. 8,007, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF LITTLE ROCK AND LITTLE
ROCK CENTER ASSOCIATES, LTD. FOR PROPERTY LOCATED IN THE 100 BLOCK OF
EAST MARKHAM STREET. (For use as a parking lot for hotel patrons.)
(j) Resolution No. 8,088, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH SHREDER CONSTRUCTION COMPANY OF CABOT, ARKANSAS TO
RELOCATE THE 12 INCH AND THE 21 INCH SANITARY SEWER LINES FOR THE
TAYLOR LOOP, 1987 BOND PROJECT. ($31,500.00)
(k) Resolution No. 8,009, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR ENGINEERING AND APPRAISAL SERVICES FOR
VARIOUS CAPITAL IMPROVEMENT PROJECTS AND THE FOURCHE CREEK PROJECT.
(Blaylock, Threet & Phillips - $60,000 - Fourche Creek Project;
Mehlburger, Tanner and Robinson - $52,500 - 7th Street - High to
Battery Street Project; Robert J. Richardson - $33,000 - 2nd & 3rd
Street Bridge Study; Blaylock, Threet & Phillips - $25,000 -
Subdivision Coordinator; James T. Johnson & Associates - $31,000 -
Fourche Creek Phase 3 Project; and to Richard A. Stephens & Associates
- $21,000 - Fourche Creek Phase 4 Project.)
By motion from Director Villines, seconded by Director Bussey, 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 meeting held August 16, 1988, were approved as written and
summarized 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 July, 1988, was received and filed; (c)
The Report of Commissioners for Water and Sewer Improvement District
No. 141 was received and filed; (d) Resolution No. 8,003 was read in
full and adopted by the following roll call vote: Ayes - Directors
Benafield, Bussey, Mayor Shackelford, Directors Prince, Villines and
Priest - total 6; Noes - None; Absent - Director Milton - total 1;
(e) The proposed Resolution was removed from the Consent Agenda and
considered separately; and (f, g, h, i, j and k) Resolutions No.
8,004, 8,005, 8,006, 8,007, 8,008 and 8,009 were read in full and
adopted by the following roll call vote: Ayes - Directors Benafield,
Bussey, Mayor Shackelford, Directors Prince, Villines and Priest -
total 6; Noes - None; Absent - Director Milton - total 1.
Mr. Stan Rauls, attorney representing the Bucy Equipment Company,
Rector, Arkansas, addressed the Board regarding that firm's bid on
eight refuse trucks which was awarded to Perfection Equipment Company
totally $478,728. Bucy's total bid was $486,304. Mr. Rauls protested
Perfection claiming the Arkansas 58 Preference. Without the
preference, Bucy Equipment would have been the low bidder. He stated
he employed a private investigator who allegedly discovered that
Perfection Equipment only rented office space from a Little Rock
Company and used an employee of another company to answer calls. He
contended Perfection did not have a bona fide office in the City of
Little Rock; that they paid their Privilege Tax nine days after
placing the bid; that they have no investory in Arkansas; and that the
contract should have been awarded to Bucy. City Attorney Mark Stodola
said Perfection Equipment has an office in Arkansas, pays taxes in
Arkansas, maintains an inventory of supplies for the sanitation trucks
that were the subject of the bid, and paid the Privilege Tax before
bid opening. Based on the findings, facts and circumstances of this
117
118
SEPTEMBER 6, 1988, CONT'D.
case, he said the City cannot say the company is precluded from
claiming the preference. Mr. Roger William Smith, Division Manager of
Perfection Equipment in Oklahoma City, Oklahoma, told the Board
Perfection has had an office in Little Rock at 5500 Patterson Street,
for more than one and one -half years, and that he spends forty hours
per month in that office. He stated the chassis are purchased in
Little Rock. Upon question by Director Prince, Mr. Smith said his
firm had sold equipment to Union County; Fort Smith; Warren, Arkansas;
and Bradley County. Upon question by Director Hussey, Mr. Jerry Paul,
Purchasing Agent, explained that a bidders list is maintained, the
bidders fill out an application and answer the questions that are
required for bidding. Director Benafield commented that a "clear
policy" will have to be established. City Manager Tom Dalton said "we
would not have recommended this ", if the facts had been negative.
Director Prince was requested to work with City Attorney Mark Stodola
to establish a policy on the 58 Arkansas Preference allowed in the
bidding process. A motion then followed by Director Benafield,
seconded by Director Villines, that the refuse trucks be removed from
the Resolution following which authorizes the City Manager to accept
bids and award contracts for various purchases. The motion was
unanimously adopted by voice vote of the Board Members present. There
was no further discussion and Resolution No. 8,010 was presented,
entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD CONTRACTS FOR THE PURCHASE OF VEHICLE BATTERIES, FENCING FOR THE
POLICE TRAINING FACILITY, COMMERCIAL TRASH PICK -UP, AND THE LITTLE
ROCK CALENDAR;
and the Resolution was read in its entirety. A motion was made by
Director Villines and seconded by Director Benafield, that the
Resolution be adopted. A roll call vote followed and the Resolution
was adopted as herein recorded: Ayes - Directors Benafield, Hussey,
Mayor Shackelford, Directors Prince, Villines and Priest - total 6;
Noes - None; Absent - Director Milton - total 1.
Zoning Application Z- 4841 -A was next considered, filed by Joe D.
White for Winrock Development Company, to rezone 17.07 acres on Kanis
Road at Pride Valley Drive, from "R -2" Single - family to "0 -2" Office
and Institutional District. The Planning Commission approved the
application on May 17, 1988. Responding to the call for discussion,
City Manager Tom Dalton said Staff still interprets the discussion of
the session at Pinnacle Mountain that where there is an increase in
commercial and /or office zoning, as allowing the City the opportunity
to request increased design standards. This is the issue that is
before you on Item B1, where the Administration has requested of the
developer some increased design standards and the developer has
refused, he said. Mayor Shackelford questioned Mr. Ron Tyne of
Winrock Development Company whether there was some reason the
developer could not comply. He replied that the modified proposal
submitted by City Staff only encompassed a portion of this property
and "we feel we made a good legitimate proposal and we would like for
you to vote on it." Upon question by Director Villines, Mr. Gary
Greeson, Director of Comprehensive Planning said, "in my opinion, at
the time of site plan review, the Commission can impose increased
design standards." In an effort to reach an agreement, Mr. Greeson
and Mr. Tyne were asked to meet in the Board's Conference Room and
report the results to the Board later in the meeting. (See Ordinance
No. 15,552 and amendments to same.)
The following rezoning application was presented at this time, as
approved by the Planning Commission:
Z- 4092 -C - From Robert M. Cearly, Jr., to rezone 6.1952 acres in
Cedar Branch Subdivision located at the corner of Pleasant Ridge and
Fairview Roads (long legal description), from "MF -18" Multi- family
District to "R -3" Single - family District. No opposition was presented
to the reclassification; therefore, Ordinance No. 15,546 was
presented, with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 4092 -C - 6.1952 acres at the corner of Pleasant Ridge and Fairview
Roads, from "MF -18" to "R -3 ".)
and after a first reading of the Ordinance, there was a motion by
1
1
SEPTEMBER 6, 1988, CONT'D.
Director Priest, seconded by Director Villines, to suspend the rules
and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest
and Villines, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being six 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. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Directors Benafield, Bussey, Mayor Shackelford, Directors
Prince, Villines and Priest - total 6; Noes - None; Absent -
Director Milton - total 1. Whereupon, the Ordinance was declared
PASSED.
Zoning Application Z -5043 from E. K. and V. M. Anderson, to
rezone 10205 Rockwood Road (2.25 acres - long legal description), from
"R -2" Single - family District to "0-3" Office and Institutional
District, was the next presentation. The Planning Commission approved
the application on August 9, 1988. No opposition was presented to the
request and Ordinance No. 15,547 was presented, described as:
' AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5043 - 10205 Rockwood Road, from "R -2" to "0-3 ".)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Villines, and by unanimous vote of the
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.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Priest, seconded by Director Villines, that the rules
be further suspended and the Ordinance be placed on third and final
reading. 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; whereupon, the Ordinance
was then read the third and last time. An Aye and No Vote was taken
on passage of the Ordinance which resulted as herein recorded: Ayes -
Directors Benafield, Hussey, Mayor Shackelford, Directors Prince,
Villines and Priest - total 6; Noes - None; Absent - Director Milton
- total 1. The Ordinance was then declared PASSED.
f' The next presentation was Ordinance No. 15,548, entitled:
AN ORDINANCE AMENDING CHAPTER 37 OF THE CODE OF ORDINANCES OF THE
' I CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF COLLECTOR
STREET PAVEMENT WIDTH, CURB AND GUTTER AND SIDEWALK REQUIREMENTS, AND
DECLARING AN EMERGENCY;
(Amended to delete requirements on West 65th Street.)
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Villines, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the 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 a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Priest, seconded by Director
Villines, and 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. The Ordinance was read the third and
last time, and there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Directors Benafield, Bussey, Mayor Shackelford, Directors Prince,
Villines and Priest - total 6; Noes - None; Absent - Director Milton
- total 1.
7 J"
1NlJ
SEPTEMBER 6. 1988. Cont'd.
The Emergency Clause contained in Section 2 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Benafield, Bussey, Mayor Shackelford, Directors
Prince, Villines and Priest - total 6; Noes - None; Absent -
Director Milton - total 1. Mayor Shackelford then announced that the
Ordinance, together with the Emergency Section, had PASSED.
Mayor Shackelford was excused.
Consideration was then given to Zoning Application 5 -5039 filed
by Denise Armstead, to rezone 3.96 acres located at 7603 Jamison Road,
from "R -2" Single - family District to "C -3" General Commercial
District. The application was approved by the Planning Commission on
August 9, 1988. Upon question by Director Priest, Mr. Richard Wood of
the Department of Comprehensive Planning, said the floodway issue had
been complied with. Mr. Wood explained the zoning in the surrounding
area, saying there is no single - family zoning in close proximity; only
a little to the south with the City Material Yard immediately south on
the west side. Director Priest had problems with placing commercial
zoning at this location, but would not be opposed to industrial
zoning. Director Villines was advised by Mr. Wood, that the Land Use
Plan does call for industrial zoning in that area, and that the
purpose of the rezoning is to allow the property to be used as a
private club. No one was present to address the issue and the
proposed Ordinance to rezone the property was presented and contained
the following title:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5039 - 7603 Jamison Road, from "R -2" to "C -3" and "OS ".)
and after a first reading of the Ordinance, there was a motion by
Director Prince, seconded by Director Bussey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by 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 the second reading of the Ordinance ensued. A
subsequent motion was made by Director Bussey and seconded by Director
Prince, to further suspend the rules and place the Ordinance on third
and final reading. The motion was unanimously adopted by 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. There was a
third and final reading of the Ordinance after which an Aye and No
Vote was taken on passage of the Ordinance and resulted as follows:
Ayes - Director Benafield - total 1; Noes - Directors Bussey, Prince,
Villines and Priest - total 4; Absent - Director Milton, and Mayor
Shackelford total 2. Therefore, the Ordinance FAILED TO PASS.
Mayor Shackelford re- enrolled.
Director Benafield was excused.
Resolution No. 7,999 adopted August 16, 1988, scheduled a public
hearing on the petition from Charles Stanley, et al, to vacate and
close 39th Street between Walker and Gilman Streets in John Barrow
Addition to the City of Little Rock, Arkansas. Notice of public
hearing was duly published on August 22, 1988 and August 29, 1988.
Attached to the petition was a certified copy of a portion of the plat
of John Barrow Addition on file in the Pulaski County Circuit Clerk's
Office, and a letter from Little Rock Abstract Company listing the
last apparent owners of record to abutting property. Mayor
Shackelford then declared the public hearing open and with no one
present who wished to speak in opposition to the proposed closing, the
public hearing was closed and Ordinance No. 15,549 was presented,
entitled:
AN ORDINANCE VACATING AND CLOSING WEST 39TH STREET BETWEEN WALKER
AND GILMAN STREETS IN JOHN BARROW ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Prince, seconded by
Director Priest, and unanimously adopted by 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
J
SEPTEMBER 6, 1988, Cont'd.
the second time. There was an ensuing motion made by Director Priest
and seconded by Director Bussey, 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 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. There was a third and last
reading of the Ordinance followed by an Aye and No Vote taken on
passage of the Ordinance with the response being: Ayes - Director
Bussey, Mayor Shackelford, Directors Prince, Villines and Priest -
total 5; Noes - None; Absent - Directors Benafield and Milton -
total 2. Whereupon, the Ordinance was declared PASSED.
Ordinance No. 15,551 was presented, described as:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO ANY
NECESSARY CONTRACTS WITH TEXAS EASTERN TRANSMISSION CORPORATION AND
TEXAS EASTERN PIPELINE CORPORATION FOR THE RELOCATION OF A 20 INCH
PRODUCTS LINE AND A 24 INCH GAS PIPE LINE FOR THE FOURCHE CREEK
PROJECT, PHASE II; WAIVING COMPETITIVE BIDDING AND DECLARING AN
EMERGENCY;
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
' Prince, seconded by Director Priest, and 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.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Priest, seconded by Director Bussey, that the rules
be further suspended and the Ordinance be placed on third and final
reading. The motion was unanimously adopted by 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; whereupon, the Ordinance
was then read the third and last time. An Aye and No Vote was taken
on passage of the Ordinance which resulted as herein recorded: Ayes -
1 Director Bussey, Mayor Shackelford, Directors Prince, Villines and
Priest - total 5; Noes - None; Absent - Directors Benafield and
Milton - total 2.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Director Bussey, Mayor Shackelford, Directors Prince, Villines
and Priest - total 5; Noes - None; Absent - Directors Benafield and
Milton - total 2. Mayor Shackelford then announced that the
Ordinance, together with the Emergency Section had PASSED.
121
A public hearing had been scheduled on an Ordinance confirming
the establishment of Water and Sewer Improvement District No. 141 of
Little Rock, Arkansas. Mayor Shackelford declared the public hearing
open and when no one appeared to speak, the hearing was declared
closed and Ordinance No. 15,550 was presented, with the title being:
AN ORDINANCE CONFIRMING THE ESTABLISHMENT OF WATER AND SEWER
IMPROVEMENT DISTRICT NO. 141 OF LITTLE ROCK, ARKANSAS;
and after a first reading of the Ordinance, there was a motion by
Director Prince, seconded by Director Priest, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest
and Bussey, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being five 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. The Aye and No Vote
taken on the question, Shall the Ordinance Pass, is recorded as
follows: Ayes - Director Bussey, Mayor Shackelford, Directors Prince,
Villines and Priest - total 5; Noes - None; Absent - Directors
Benafield and Milton - total 2. The Ordinance was then declared
PASSED.
Ordinance No. 15,551 was presented, described as:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO ANY
NECESSARY CONTRACTS WITH TEXAS EASTERN TRANSMISSION CORPORATION AND
TEXAS EASTERN PIPELINE CORPORATION FOR THE RELOCATION OF A 20 INCH
PRODUCTS LINE AND A 24 INCH GAS PIPE LINE FOR THE FOURCHE CREEK
PROJECT, PHASE II; WAIVING COMPETITIVE BIDDING AND DECLARING AN
EMERGENCY;
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
' Prince, seconded by Director Priest, and 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.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Priest, seconded by Director Bussey, that the rules
be further suspended and the Ordinance be placed on third and final
reading. The motion was unanimously adopted by 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; whereupon, the Ordinance
was then read the third and last time. An Aye and No Vote was taken
on passage of the Ordinance which resulted as herein recorded: Ayes -
1 Director Bussey, Mayor Shackelford, Directors Prince, Villines and
Priest - total 5; Noes - None; Absent - Directors Benafield and
Milton - total 2.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Director Bussey, Mayor Shackelford, Directors Prince, Villines
and Priest - total 5; Noes - None; Absent - Directors Benafield and
Milton - total 2. Mayor Shackelford then announced that the
Ordinance, together with the Emergency Section had PASSED.
121
122
SEPTEMBER 6, 1988, Cont'd.
I
II
At this point in the meeting, Ordinance No. 15,552 was presented,
containing the following caption: (See discussion following
Resolution No. 8,010.)
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(z- 4841 -A - 17.07 acres on Kanis Road at Pride Valley Drive, from "R-
2" to "0 -2 ".)
and the Ordinance was read the first time. A motion followed by
Director Villines, seconded by Director Priest, that the rules be
suspended and the Ordinance be placed on second reading. 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. Mr. Gary Greeson advised that as a
result of the meeting with Mr. Ron Tyne, he had agreed that Tract One
have a 33 foot landscaped or undisturbed buffer along the Rock Creek
Parkway; a 35 foot height limit for buildings; one access point on the
Rock Creek Parkway, and a 40 foot minimum building setback from the
property line on the Rock Creek Parkway side; and, that Tracts Two
through Five, have a 45 foot building height limit. A subsequent
motion was then made that the Ordinance be amended to include the
items stated by Mr. Greeson, with the motion being made by Director
'
Villines and seconded by Director Bussey, which was unanimously
adopted by the Board Members present. The Ordinance, as amended, was
then read the second time followed by a motion from Director Villines
to further suspend the rules and place the Ordinance, as amended, on
third and final reading, which motion was seconded by Director Priest,
and 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. There was a third and last reading of
the Ordinance, as amended, after which an Aye and No Vote was taken on
passage of the Ordinance, as amended, with the response being: Ayes -
Director Bussey, Mayor Shackelford, Directors Prince, Villines and
Priest - total 5; ; Noes - None; Absent - Directors Benafield and
Milton - total 2. Whereupon, the Ordinance was declared PASSED.
Ms. Jean Duffey, 523 West 3rd Street, and several other citizens
were present to speak regarding the operation of the Animal Shelter.
Ms. Duffey advised that she would provide the Board with a written
report the next day. City Manager Tom Dalton advised the Board of
Directors that a report on allegations Ms. Duffey made at the August
16th Board Meeting had been sent to her, and the only issues remaining
regarding the Animal Shelter is whether this Board wants to establish
a Commission; adding, all the other issues have been addressed. Mr.
Brant Butler, 1601 North Shackleford Road, Apartment #248, a volunteer
at the Animal Shelter, stated the animals are well cared for, and
there is no basis for the charges made earlier.
Mr. Frank Daley, 2026 Nichols Street, #B, was the last person to
'
speak. He formerly was a Little Rock firefighter. He told the Board
he was present to ask them to help him get his job back. Mayor
Shackelford advised Mr. Daley that his request is an administrative
matter and that the Board of Directors only has policy making powers.
There being no further business to be presented, it was moved by
Director Prince, seconded by Director Bussey, and unanimously carried
that this meeting be adjourned at 8:20 o'clock P. M., and that the
Board of Directors convene in regular session on Tuesday, September
20, 1988 at 6:00 o'clock P. M.
ATTEST: APPROVED:,
City Clerk Jane Czech Mayor Lottie Shackelford
Board of Directors Chamber
Little Rock, Arkansas
September 20, 1988 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas,
convened in regular session with Mayor Lottie Shackelford presiding.
City Clerk Jane Czech called the roll with the following Directors in
attendance: Directors Priest, Benafield, Milton, Bussey, Prince and
Villines - total 6; Absent - None.
With a quorum present, Mayor Shackelford declared the Board of
Directors in session.
The Invocation was given by Director Milton.
The first presentation was the Consent Agenda, consisting of the
following items:
(a) The reading of the Minutes of the previous meeting held
September 6, 1988.
(b) Resolution No. 8,011, entitled:
A RESOLUTION AUTHORIZING THE BOARD OF TRUSTEES OF THE
CENTRAL ARKANSAS LIBRARY SYSTEM TO PURCHASE A TWO -ACRE SITE ON NAPA
VALLEY ROAD FOR THE WEST BRANCH LIBRARY. ($260,000 to be taken from
the 1988 Capital Improvement Fund)
(c) Resolution No. 8,012, with the title being:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE WEST 39TH STREET BETWEEN MALLOY AND
LUDWIG STREETS, IN JOHN BARROW ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS. (Hearing date to be October 4, 1988)
(d) Resolution No. 8,013, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW THE
AGREEMENT WITH THE ARKANSAS MUNICIPAL LEAGUE TO PROVIDE PUBLIC
OFFICIAL LIABILITY INSURANCE FOR A PERIOD OF ONE YEAR, COMMENCING
JANUARY 1, 1989. (Annual premium of $89,267)
(e) Resolution No. 8,014, containing the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW THE
AGREEMENT WITH THE ARKANSAS MUNICIPAL LEAGUE FOR VEHICLE INSURANCE FOR
ONE YEAR, COMMENCING OCTOBER 1, 1988.
(f) Resolution No. 8,015, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW THE
CITY'S CONTRACT WITH REBSAMEN INSURANCE COMPANY FOR BUILDING AND
CONTENTS INSURANCE COVERAGE FOR ONE YEAR, COMMENCING OCTOBER It 1988.
(g) Resolution No. 81016, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT FOR COMPUTER HARDWARE WITH INTEGRATED DESIGN ENGINEERING,
INC., IBM CORPORATION, NATIONAL COMPUTER EQUIPMENT CORPORATION, AND
CENTRON DPL COMPANY.
(h) Resolution No. 8,017, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR UNIFORMS FOR THE FIRE DEPARTMENT,
INSTALLATION OF PAVERS FOR RIVERFRONT PARK, AND LIGHTING FOR
RIVERFRONT PARK EAST.
1.23
U4
September 20, 1988, Cont'd.
(i) Resolution No. 8,018, containing the following caption:
RESOLUTION APPROVING AN ASSIGNMENT AND ASSUMPTION
AGREEMENT AND AN ACKNOWLEDGMENT AND CONSENT AGREEMENT WITH RESPECT TO
THE PURCHASE BY BOB L. GADDY OF CERTAIN PROPERTY FINANCED WITH
INDUSTRIAL DEVELOPMENT BONDS ISSUED BY THE CITY OF LITTLE ROCK,
ARKANSAS. (Formerly North American Metals, Inc. and Hoover Universal,
Inc. Projects)
By motion from Director Villines, seconded by Director Priest, 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 meeting held September 6, 1988, were approved as written and
summarized to the members of the Board of Directors; (b, c, d, e, f,
g, h & i) Resolutions No. 8,011, 80012, 8,0131 8,014, 8,015, 8,016,
8,017 and 8,018, were read in full and adopted by the following roll
call vote: Ayes - Directors Milton, Bussey, Mayor Shackelford,
Directors Prince, Villines, Priest and Benafield - total 7; Noes -
None; Absent - None.
At this point in the meeting, Mr. Joe Strack of the Riverfest
Committee, presented a $50,000 check for the City to Mayor
Shackelford. In 1987, The Riverfest, Inc. Board of Directors, pledged
$200,000 toward the construction of an ampitheatre in the east end of
Riverfront Park, with the first use of the ampitheatre being for
Riverfest X. Resolution No. 81019 was then presented, entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
ROCK, ARKANSAS, NAMING THE NEW STAGE AT RIVERFRONT PARK "RIVERFEST
AMPITHEATRE ";
and the Resolution was read in its entirety. A motion was made by
Director Benafield and seconded by Director Milton, that the
Resolution be adopted. A roll call vote followed and the Resolution
was adopted as herein recorded: Ayes - Directors Milton and Bussey,
Mayor Shackelford, Directors Prince, Villines, Priest and Benafield -
total 7; Noes - None; Absent - None.
At the time allotted for Citizen Communications, Mr. William
Anderson, Jr., 707 Apperson Street; Mr. Jesse Davis, Jr., 923 Bedford
Street; and Mr. Jeffrey L. Hawkins, 1022 Inez Street, addressed the
Board regarding their concerns about deep ditches, weeds and grass
along the levy and on vacant lots, additional police coverage, traffic
plans for the new school, and the future plans for the old Carver
School, all in the east area of Little Rock. Mayor Shackelford
requested the City Manager to prepare a report addressing these issues
for the Board of Directors and the concerned citizens.
A proposed Ordinance entitled: "AN ORDINANCE RECLASSIFYING
PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING
SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK,.
ARKANSAS; AND FOR OTHER PURPOSES" had been placed on the Agenda for
consideration; however, Mr. Bill Mathis, the applicant filed a formal
request with City Manager Tom Dalton, asking that the proposed
Ordinance be withdrawn from the Agenda; therefore, no action was
taken. The proposal was to rezone a tract (Z -5038) on Highway No. 10,
east of Bella Rosa Drive, from "R -2" Single - family District to "C -2"
Shopping Center and "OS" Open Space District.
The next presentation was Ordinance No. 15,553, described as:
AN ORDINANCE AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR CERTAIN DEFINITION
MODIFICATION AND PROCEDURAL REVISIONS; AND DECLARING AN EMERGENCY;
(General Amendments to the Zoning Code)
and the Ordinance was read the first time. Director Priest moved that
the Ordinance be amended to remove Subsection yy. for further study.
Subsection yy. would provide for the insertion of a new conditional
use regarding "Automobile, Sales or Service." The motion was seconded
by Director Villines and unanimously adopted by the Board Members
present. A subsequent motion was then made by Director Priest,
seconded by Director Villines, to suspend the rules and place the
Ordinance, as amended, on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors- elect. There was a second reading of the Ordinance, as
1
September 20, 1988, Cont'd.
amended, followed by a motion made and seconded by Directors Priest
and Villines, respectively, to further suspend the rules and place the
Ordinance, as amended, on third and final reading. The motion
received unanimous adoption by the Board Members present, being seven
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, as
amended, ensued. The passage of the Ordinance, as amended, was
submitted to an Aye and No Vote, which received the following
response: Ayes - Directors Milton and Bussey, Mayor Shackelford,
Directors Prince, Villines, Priest and Benafield - total 7; Noes -
None; Absent - None.
The Emergency Clause contained in Section 2 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Milton and Bussey, Mayor Shackelford, Directors
Prince, Villines, Priest and Benafield - total 7; Noes - None;
Absent - None. whereupon, the Ordinance together with the Emergency
Clause was declared PASSED.
Ordinance No. 15,555 was considered, containing the following
caption:
AN ORDINANCE CONDEMNING CERTAIN STRUCTURES IN THE CITY OF LITTLE
Consideration was then given to Ordinance No. 15,554, entitled:
ROCK AS STRUCTURAL FIRE AND HEALTH HAZARDS; DIRECTING THE CITY
AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 43., ARTICLE IX
ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID
OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, FOR
'
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
THE PURPOSES OF RESTRUCTURING THE P.U.D. PROVISIONS;
and after a first reading of the Ordinance, there was a motion by
Priest, seconded by Director Villines, and by unanimous vote of the
Director Priest, seconded by Director Villines, to suspend the rules
members of the Board of Directors present, being seven in number and
and place the Ordinance on second reading. The motion was unanimously
Upon second reading of the Ordinance, there was a subsequent motion
adopted by members of the Board of Directors present being seven in
again made by Director Priest, seconded by Director Villines, that the
number and two - thirds or more of the members of the Board of
rules be further suspended and the Ordinance be placed on third and
Directors - elect. There was a second reading of the Ordinance,
Board of Directors present, being seven in number and two - thirds or
followed by a subsequent motion made and seconded by Directors Priest
more of the members of the Board of Directors - elect; whereupon, the
and Villines, respectively, to further suspend the rules and place the
Ordinance was then read the third and last time. An Aye and No Vote
Ordinance on third and final reading. The motion received unanimous
recorded: Ayes - Directors Milton and Bussey, Mayor Shackelford,
adoption by the Board Members present, being seven in number and two -
Directors Prince, Villines, Priest and Benafield - total 7; Noes -
thirds or more of the members of the Board of Directors - elect, and the
None; Absent - None.
third and last reading of the Ordinance ensued. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Directors Milton and Bussey, Mayor Shackelford, Directors
Prince, Villines, Priest and Benafield - total 7; Noes - None;
Absent - None. Therefore, the Ordinance was declared PASSED.
Ordinance No. 15,555 was considered, containing the following
caption:
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Milton and Bussey, Mayor Shackelford, Directors
Prince, Villines, Priest and Benafield - total 7; Noes - None;
Absent - None. The Ordinance, together with the Emergency Section,
was then declared PASSED.
125
AN ORDINANCE CONDEMNING CERTAIN STRUCTURES IN THE CITY OF LITTLE
ROCK AS STRUCTURAL FIRE AND HEALTH HAZARDS; DIRECTING THE CITY
ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID
STRUCTURES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
'
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Villines, and by unanimous vote of the
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
again made by Director Priest, seconded by Director Villines, that the
rules be further suspended and the Ordinance be placed on third and
final reading. The motion was unanimously adopted by members of the
Board of Directors present, being seven in number and two - thirds or
more of the members of the Board of Directors - elect; whereupon, the
Ordinance was then read the third and last time. An Aye and No Vote
was taken on passage of the Ordinance which resulted as herein
recorded: Ayes - Directors Milton and Bussey, Mayor Shackelford,
Directors Prince, Villines, Priest and Benafield - total 7; Noes -
None; Absent - None.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Milton and Bussey, Mayor Shackelford, Directors
Prince, Villines, Priest and Benafield - total 7; Noes - None;
Absent - None. The Ordinance, together with the Emergency Section,
was then declared PASSED.
125
September 20, 1988, Cont'd.
The next presentation was Ordinance No. 15,556, entitled:
AN ORDINANCE REGULATING THE KEEPING OF BEES;
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Villines, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Priest, seconded by Director
Villines, and unanimously adopted by members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect. The Ordinance was read the third and
last time, and there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Director Milton, Mayor Shackelford, Directors Prince, Villines,
Priest and Benafield - total 6; Noes - None; Abstentions - Director
Hussey - total 1; Absent - None. The Ordinance was then declared
PASSED.
Consideration was then given to Ordinance No. 15,557, with the
title being:
'
AN ORDINANCE TO AMEND ORDINANCE NO. 5506 AS AMENDED, AND TO MORE
FULLY DEFINE THE AUTHORITY OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS, TO ESTABLISH POLICIES CONCERNING THE EXTENSION
OF WATER SERVICES OUTSIDE THE CORPORATE BOUNDARIES OF THE CITY OF
LITTLE ROCK, ARKANSAS, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES;
with the Ordinance being read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Villines, and unanimously adopted by members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors- elect. A second reading of the
Ordinance followed, with a motion being made by Director Priest,
seconded by Director Villines, to suspend the rules and place the
Ordinance on third and final reading. With the motion having been
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect, the Ordinance was read the third and last
time. The resulting Aye and No Vote taken on passage of the Ordinance
is herein recorded as follows: Ayes - Director Bussey, Mayor
Shackelford, Directors Prince, Villines, Priest and Benafield - total
6; Noes - None; Abstentions - Director Milton - total 1; Absent -
None.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
'
Ayes - Director Bussey, Mayor Shackelford, Directors Prince, Villines,
Priest and Benafield - total 6; Noes - None; Abstentions - Director
Milton - total 1; Absent - None. Whereupon, the Ordinance, together
with the Emergency Section, was declared PASSED.
Ordinance No. 15,558 was the next presentation, described as:
AN ORDINANCE TO AMEND ORDINANCE NO. 10,695, AS AMENDED, AND TO
MORE FULLY DEFINE THE AUTHORITY OF THE BOARD OF DIRECTORS OF THE CITY
OF LITTLE ROCK, ARKANSAS, TO ESTABLISH POLICIES CONCERNING THE
EXTENSION OF SEWER SERVICES OUTSIDE THE CORPORATE BOUNDARIES OF THE
CITY OF LITTLE ROCK, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Villines, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors- elect, and the second reading of the Ordinance ensued. A
subsequent motion was again made by Director Priest and seconded by
Director Villines, to further suspend the rules and place the
Ordinance on third and final reading. The motion was unanimously
adopted by members of the Board of Directors present being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a third and final reading of the Ordinance
,
1
September 20, 1988, Cont'd.
after which an Aye and No Vote was taken on passage of the Ordinance
and resulted as follows: Ayes - Director Bussey, Mayor Shackelford,
Directors Prince, Villines, Priest and Benafield - total 6; Noes -
None; Abstentions - Director Milton - total 1; Absent - None.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Director Bussey, Mayor Shackelford, Directors Prince, Villines,
Priest and Benafield - total 6; Noes - None; Abstentions - Director
Milton - total 1; Absent - None. The Ordinance, together with the
Emergency Clause, was then declared PASSED.
Resolution No. 8,020 was introduced, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD CONTRACTS FOR THE PURCHASE OF REFUSE TRUCKS;
(Perfection Equipment Company - 8 trucks, total bid $478,728)
and there was a complete reading of the Resolution. Mr. Charles
Nickerson, Assistant City Manager, stated the bid of Perfection
Equipment Company was $59,841 per truck, and the Staff continues to
recommend Perfection Equipment Company as the successful bidder (see
Minute Record of September 6, 1988). Mr. Jack Fink, Attorney for
Perfection told the Board that since the bid was submitted, the price
on each chassis has gone up approximately $1,000. He asked that the
contract be awarded to his client pending his securing the original
price. The Board agreed, saying that if the original price cannot be
secured by Monday (September 26, 1988), the contract will go to Bucy
Equipment Company, the second low bidder. Mr. Stan Rauls, Attorney
for Bucy Equipment Company, contended that Bucy is the only Arkansas
Preference Bidder. Following the discussion, a motion was made by
Director Villines and seconded by Director Bussey, that the Resolution
be adopted. A roll call followed and the Resolution was adopted as
follows: Ayes - Directors Milton, Bussey, Mayor Shackelford,
Directors Prince, Villines, Priest and Benafield - total 7; Noes -
None; Absent - None.
At 7:10 o'clock P. M., Mayor Shackelford announced that the Board
of Directors would recess to executive session in the Board's
Conference Room, for the purpose of considering appointments to
various Boards and Commissions.
When the Board of Directors reconvened at 7:25 o'clock P. M. from
executive session, Mayor Shackelford presided and the following
Directors answered roll call: Directors Priest, Benafield, Milton,
Bussey, Prince and Villines - total 6; Absent - None.
Resolution No. 8,021 was the last presentation, entitled:
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE BOARD
OF ADJUSTMENT; HISTORIC DISTRICT COMMISSION; LITTLE ROCK MUNICIPAL
AIRPORT COMMISSION; PLANNING COMMISSION AND THE SIGN APPEAL BOARD;
(Board of Adjustment - Ms. Diane Chachere; Historic District
Commission - Ms. Kathleen A. McNally; Airport Commission - Mr. Robert
M. Wilson; Planning Commission - Ms. Connie Whitfield; and Sign Appeal
Board - Mr. Bill Matthews and Mr. Gary Smith)
and the Resolution was read in its entirety. A motion was made by
Director Milton, seconded by Director Villines, that the Resolution be
adopted. A roll call vote followed and the Resolution was
subsequently adopted as follows: Ayes - Directors Milton and Bussey,
Mayor Shackelford, Directors Prince, Villines, Priest and Benafield -
total 7; Noes - None; Absent - None.
September 20, 1988, Cont'd.
I
There being no further business to be presented, Mayor
Shackelford declared the meeting adjourned at 7:30 o'clock P. M., with
the Board of Directors to convene in regular session on Tuesday,
October 4, 1988 at 6:00 o'clock P. M.
ATTEST: /LVL(i APPROVED: �(,^
City Clerk Jane Czech Mayor Lottie Shackelford
,o7
uu
Board of Directors Chamber
Little Rock, Arkansas
-o September 28, 1988 - 1:30 P. M.
The Board -of: Directors of. the City of Little Rock, Arkansas, met
in Special Sessiom%with'Mayor .Lottie_.:Shack elf ordu presiding. City
Clerk Jane :Czech -called,. the; roll.- with,..the following.. Director s. .present:
Directors Priest,' Benaf ield, Bussey,. Prince and: Villines-,'.- total, 5;
Absent -` Directors Milton - total 1:.
With a quorum present, Mayor Shackelford declared the Board of
Directors in session and announced the purpose of the special meeting
was to adopt a new Code of Ordinances for the City of Little Rock.
(The passage of the. Ordinance aadbpting: the new ,Cbde:,;wad ;held in
conjunction with the Open House and Dedication of the restoration of
the City Hall and:,;Ci:ty„ Hall_ Annex- „-held) -.at: 12,m15 OP:*, M..:; The- following
items were deposited in the 100 -Year Time Capsule .at the dedication:
The „contents:,of the 1932 Capsule opened 9- 28 -88; New City 'of Little
Rock Code of Ordinances; 1988 Little Rock Telephone Book'; Capitol
Avenue Project Booklet; Packet containing Little Rock Calendar, Arts
and Humanities Brochures; Packet containing City Beautiful 'Kid. T-
Shirt, Little Rock Seal, "Little Rock ", and Map; 9 -28 -68 Newspapers
and pictures taken at the Open House; A Dollar Bill signed by Mrs.
Ortega, U. S.. ;Treasurer; ISO letter signed by Fire Chief _Rubin Webb ";
Computer,Printout of all City of Little Rock Employees; Video TapeQof
Open House Proceedings; and a Poem about Arkansas written by Peggy
Vining.)
The only _ -matter to. be. Lconsidered - was ,Ordinance.: No.:: 15, 559:;
entitled: �• :• '.
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF
LITTLE ROCK, ARKANSAS; PROVIDING FOR THE:REPEAL(,OF_CERTAIN ORDINANCES
NOT INCLUDED 'THEREIN; PROVIDING A PENALTYIFOR :THE.VIOLATSON THEREOF;
PROVIDING FOR THE 'MANNER OF AMENDING SUCH CODE; i PROVIDING* WHEN SUCH
CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE, AND DECLARING AN
EMERGENCY;
with the Ordinance being rea the first time, followed by a motion from
Director Villines to suspend the rules and 'place the Ordinance on
second .reading,,;;,. The', motion, ,.was *.:seconded) by;.: Director;" Priest and
adopted by unanimous :vote._ of...,,the_•Bord Members ,) present ;' being__six',in
number and two- thirds or more of the members:. of". the.;.Board.,lof
Directors - elect, and a second reading of the Ordinance ensued. The
rules ,were again suspended and the Ordinance was placed on third and
final reading by a motion made and seconded by Directors Villines and
Priest, respectively, and unanimously adopted by the Board Members
present, being six 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, there was an Aye and No Vote taken on passage of the
Ordinance with -;the- response .being:, Ayes- - Directors Priest,'
Benafield, Bussey, Mayor Shackelford, Directors Prince and Villines +.
total 6; Noes - None; Absent - Director Milton - total 1.
_ ..
The Emergency Clause contained in Section 7 of the foregoing
Ordinance was then,,:read ,and adopted :by the following: -roll call vote:
Ayes - Directors Priest, Benafield, Bussey, Mayor Shackelford,
Directors Prince. and Villines - 'total 6;” Noes - None; Absent -
Director Milton,; - ;total 1: _Therefore, the :Ordinance-: together with
the Emergency Section was declared PASSED.
There being no further business to be presented, it was moved by
Director Villines, seconded by Director Prince, and unanimously
carried that this meeting be adjourned at 1:50 o'clock P. M., and that
the Board of Directors convene in regular session on Tuesday, October
4, 1988 at 6:00 o'clock P. M.
ATTEST: V ?.�jl✓ APPROVED
Cit(y / Clerk Jane Czech Mayor Lottie Shackelford
130
i
Board of Directors Chamber
Little Rock, Arkansas
October 4, 1988 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Lottie Shackelford presiding. City
Clerk Jane Czech was present and called the roll with the following
Directors in attendance: Directors Priest, Benafield, Bussey, Prince
and Villines - total 5; Absent - Director Milton - total 1.
With a quorum present, Mayor Shackelford declared the Board of
Directors in session.
The Invocation was given by Director Bussey.
To begin the meeting, Mayor Shackelford had several Proclamations
to present with the first proclaiming "October 6th - Working Mothers
Day." The Proclamation was presented to Mrs. Charlie Crawford.
Director Prince made a statement praising all mothers; those working
in their chosen careers and those who work at home performing the art
of homemaking and child rearing.
Mayor Shackelford issued a Proclamation proclaiming the week of
October 2 through October 8, 1988, "Mental Illness Awareness Week."
Present to receive the Proclamation was Ms. Abbey Johnson of the
Bridgeway Hospital.
The last Proclamation was presented to Mr. Charles Nickerson,
Assistant City Manager. The month of October was proclaimed "Adopt a
Dog Month." The Little Rock Animal Shelter is a Division of the
Department of Public Works which is under Mr. Nickerson's management.
Mayor Shackelford presented a "Key to the City" and welcomed Mr.
Shunichi Suzuki, Secretary to Mr. Zenko Suzuki, Member of the House of
Representatives from Chiyodaku Tokyo, Japan, to the City of Little
Rock.
The Consent Agenda was considered at this time, consisting of the
following items:
(a) The reading of the Minutes of the previous Board of
Directors Meeting held September 20, 1988, and the special meeting
held September 28, 1988.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of August, 1988.
(c) Resolution No. 8,022, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF OIL PRODUCTS FOR HUMAN
AND GENERAL SERVICES, SEDANS FOR THE FIRE DEPARTMENT, ROLL -OFF HOIST
EQUIPMENT AND A STAKE BODY DUMP TRUCK WITH HYDRAULIC KNUCKLEBOOM FOR
THE DEPARTMENT OF PUBLIC WORKS.
(d) Resolution No. 8,023, with the title being:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE NECESSARY DOCUMENTS TO CONVEY THE ABANDONED FIRE STATION
AT 14TH AND PULASKI STREETS TO CARLTON P. McCRARY OF PANTAVA AVIATION
FOR THE TOTAL PRICE OF $32,051.
(e) Resolution No. 8,024, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH ANALYTICAL SURVEYS, INC. TO PROVIDE COMPUTER DATA
CONVERSION SERVICES FOR PHASE I OF THE PULASKI AREA GEOGRAPHIC
INFORMATION SYSTEM (PAGIS).
(f) Resolution No. 8,025, containing the following caption:
A RESOLUTION APPROVING THE ISSUANCE OF CITY OF LITTLE
ROCK, ARKANSAS HEALTH FACILITIES BOARD (SOUTHWEST HOSPITAL) REVENUE
BONDS SERIES 1988.
'
1
1
OCTOBER 4 1988, Cant'd.
By a motion from Director Priest, seconded by Director Benafield,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held September 20, 1988, and the special meeting held
September 28, 1988, were approved as written and summarized 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 August, 1988, was received and filed; and (c, d, e & f)'
Resolutions No. 8,022, 81023, 8,024 and 8,025, were read in full and
adopted by the following roll call vote: Ayes - Director Hussey,
Mayor Shackelford, Directors Prince, Villines, Priest and Benafield -
total 6; Noes - None; Absent - Director Milton - total 1.
No one was present to speak at the time allotted for Citizen
Communications.
A public hearing had been scheduled by Resolution No. 8,012, and
notice thereof duly published on September 26, 1988 and October 3,
1988, on the petition from Patricia Wesson Becker, to vacate and close
West 39th Street between Ludwig and Malloy Streets between Blocks 187
and 188, in John Barrow Addition to the City of Little Rock, Arkansas,
as approved by the Planning Commission. Attached to the petition was
a certified copy of the plat of John Barrow Addition to the City of
Little Rock, on file in the Pulaski County Circuit Clerk's Office, and
a letter from Little Rock Abstract Company listing the last apparent
owners of record to abutting property. Mayor Shackelford then
declared the public hearing open and with no one present who wished to
speak in opposition to the proposed closing, the public hearing was
declared closed and Ordinance No. 15,560 was presented, entitled:
AN ORDINANCE VACATING AND CLOSING WEST 39TH STREET BETWEEN LUDWIG
AND MALLOY STREETS IN JOHN BARROW ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Villines, to suspend the rules
and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion again made and seconded by Directors
Priest and Villines, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being six 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. The question, Shall
the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Director Hussey, Mayor
Shackelford, Directors Prince, Villines, Priest and.Benafield - total
6; Noes - None; Absent - Director Milton - total 1. Mayor
Shackelford then announced that the Ordinance had PASSED.
There being no further business to be presented, Mayor
Shackelford declared the meeting adjourned at 6:25 o'clock P. M., with
the Board of Directors to convene in regular session on Tuesday,
October 18, 1988 at 6:00 o'clock P. M.
ATTEST: (i� 4,a/ APPROVED:
City Clerk Jane Czech Mayor Lottie Shackelford
131
_132
Board of Directors Chamber
Little Rock, Arkansas I�III
October 18, 1988
Prior to the Official Board of Directors Meeting held October 18,
1988, a press conference was held for presentation of the City's first
flag.
The City Beautiful Commission, a commission of the Department of
Parks and Recreation, sponsored a City Flag contest and a total of
fifteen flag designs were submitted. The flags were judged October 12,
1988, by City Directors and City Beautiful Commission Members.
Director Sharon Priest presented the winning flag and introduced
Mr. David Wilson, a law clerk at the Mitchell Law Firm, who designed the
flag chosen for the $1,000.00 first prize. Mr. Wilson explained the
white represents optimism; the blue, the Arkansas River; and the green,
the City's natural beauty. The crossing of the blue and green stripes
y,:
is symbolic of Little Rock serving as a crossroads to Arkansas, as well
as the Mid - South. The flag also contains a gold colored City Seal,
which characterizes the City's economic future and past, and a red
silhouette of Arkansas. The flag depicts a star, designating the
Capitol, rising above the City's namesake, "The Little Rock," discovered
in 1722.
The second -place winner was Mr. Craig Rains, who received $500.00;
and the third -place recipient was Mr. David Tullis, who received $250.00.
City Clerk ,
City of Little Rock, Arkansas
1
Board of Directors Chamber
Little Rock, Arkansas
October 18, 1988 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Lottie Shackelford presiding. City
Clerk Jane Czech was present and called the roll with the following
Directors in attendance: Directors Priest, Benafield, Milton, Prince
and Villines - total 5; Absent - Director Bussey - total 1.
With a quorum present, Mayor Shackelford declared the Board of
Directors in session.
The Invocation was given by Mayor Shackelford.
To open the meeting, Mayor Shackelford introduced James Little of
Boy Scout Troop No. 59, who was present to observe the,Board Meeting.
Mayor Shackelford expressed thanks to Director Priest for her
effort and interest in the contest sponsored by the City Beautiful
Commission, for the design of an Official Flag for Little Rock. The
design chosen was presented at a press conference prior to the Board
Meeting. Mr. David Wilson, a law clerk at the Mitchell Law Firm,
submitted the winning design and received a check for $1,000.00 as the
first prize. Second -place went to Mr. Craig Rains, who received a
check for $500.00; and the third -place recipient was Mr. Davis Tullis,
who received $250.00.
The Consent Agenda was considered at this time, consisting of the
following items:
(a) The reading of the Minutes of the previous meeting held
October 4, 1988.
(b) A Motion to set the date for public hearing on Zoning Appeal
(Z -5044) filed by Cathy Pratt Graves to rezone 4.95 acres on Alexander
Road, from "R -2" Single - family District to "I -2" Light Industrial
District.
(c) Resolution No. 8,026, entitled:
A RESOLUTION DISSOLVING SEWER IMPROVEMENT DISTRICT NO.
113, OF LITTLE ROCK, ARKANSAS.
(d) Resolution No. 8,0271 with the title being:
A RESOLUTION DISSOLVING SEWER IMPROVEMENT DISTRICT NO.
128, OF LITTLE ROCK, ARKANSAS.
(e) Resolution No. 8,028, described as:
A RESOLUTION DISSOLVING STREET IMPROVEMENT DISTRICT NO.
348, OF LITTLE ROCK, ARKANSAS.
(f) Resolution No. 8,029, containing the following caption:
A RESOLUTION DISSOLVING STREET IMPROVEMENT DISTRICT NO.
509, OF LITTLE ROCK, ARKANSAS.
(g) Resolution No. 8,030, entitled:
A RESOLUTION DISSOLVING STREET IMPROVEMENT DISTRICT NO.
606 ANNEX 2, OF LITTLE ROCK, ARKANSAS.
(h) Resolution No. 8,031, with the title being:
A RESOLUTION DISSOLVING STREET IMPROVEMENT DISTRICT NO.
607, OF LITTLE ROCK, ARKANSAS.
"133
1;34
OCTOBER 18, 1988. Cont'd.
(i) Resolution No. 8,032, described as:
A RESOLUTION DISSOLVING STREET IMPROVEMENT DISTRICT NO.
607 ANNEX 1, OF LITTLE ROCK, ARKANSAS.
(j) Resolution No. 8,033, containing the following heading:
A RESOLUTION DISSOLVING STREET IMPROVEMENT DISTRICT NO.
607 ANNEX 2, OF LITTLE ROCK, ARKANSAS.
(k) Resolution No. 8,034, entitled:
A RESOLUTION DISSOLVING STREET IMPROVEMENT DISTRICT NO.
610 ANNEX 1, OF LITTLE ROCK, ARKANSAS.
(1) Resolution No. 8,035, with the title being:
A RESOLUTION DISSOLVING STREET IMPROVEMENT DISTRICT NO.
614, OF LITTLE ROCK, ARKANSAS.
(m) Resolution No. 8,036, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A
CONTRACT TO JOHN T. WRIGHT IN THE AMOUNT OF $30,350 FOR CONSTRUCTION
OF AN AFFORDABLE HOME, PRESOLD TO SHELIA STUART.
(n) Resolution No. 8,037, containing the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT.WITH ETC ENGINEERS, INC. IN THE AMOUNT OF $57,000.00 TO
DESIGN THE REBSAMEN PARK ROAD EXTENSION.
(o) Resolution No. 8,038, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH WEAVER- BAILEY CONTRACTORS, INC. OF NORTH LITTLE ROCK
FOR $838,000.00 TO CONSTRUCT DRAINAGE IMPROVEMENTS ON COLEMAN CREEK
FROM 12TH TO 19TH STREETS.
(p) Resolution No. 88039, with the title being:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE NECESSARY DOCUMENTS TO RELINQUISH EASEMENTS ON CERTAIN
PROPERTIES LOCATED WITHIN THE CITY OF LITTLE ROCK, ARKANSAS.
(Sanitary Sewer Easement - located across the center of Lot 41,
Springtree Village Addition)
(q) Resolution No. 8,040, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT TO
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AFTER REGULATORY
PUBLIC NOTICE AND TIME FOR COMMENT, AN AMENDED FINAL STATEMENT OF
COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS FOR THE
FISCAL YEAR 1988 CDBG PROGRAM. (The amendment will be adding as an
activity installation of sanitary sewer mains to serve residences in 7
square blocks east of Whitfield Street, north of 39th Street and east
of Lange, north of 40th Street, in John Barrow Addition.)
By a motion from Director Villines, seconded by Director Priest,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held October 4, 1988, were approved as written and
summarized to the members of the Board of Directors; (b) Public
Hearing was NOT set to hear Zoning Appeal (Z- 5044), to rezone 4.95
acres on Alexander Road, from °R -2° Single - family District to °I -2°
Light Industrial District, due to City Attorney Mark Stodola's ruling
that the request was not submitted within the 30 -day time limit
allowed to appeal denials by the Planning Commission; and the matter
was withdrawn; and (c, d, e, f, g, h, i, j, k, 1, m, n, o, p & q)
Resolutions No. 81026, 81027, 8,028, 8,029, 8,030, 8,031, 8,032,
8,033, 8,034, 8,035, 8,036, 8,037, 8,038, 8,039 and 8,040, were read
in full and adopted by the following roll call vote: Ayes - Mayor
Shackelford, Directors Prince, Villines, Priest, Benafield and Milton
- total 6; Noes - None; Absent - Director Bussey - total 1.
At the time allotted for Citizen Communications, Mr. Bill Bowen,
2016 Spring Street, complained to the Board of Directors about the
"eyesore" of the old Kramer School located at 715 Sherman Street. He
1
it
OCTOBER 18, 1988, Cont'd.
presented pictures showing open doors, broken windows, and grass
waist -deep. He said transients and alcoholics are using the building
for shelter. Mr. Bowen requested that the windows be boarded up, the
doors secured, grass cut, and that the City step up code enforcement.
City Manager Tom Dalton advised the Board Members that he would have a
report by Friday, indicating the action to be taken.
Mr. Wes Lowder of the Little Rock Engineers Club read a
Resolution adopted by the Engineers Club, lauding the Staff and
Management of the Little Rock Department of Public Works for the
excellent work they perform.
Zoning Application (Z- 2908 -C) was considered and filed by Terry
Lee Eustice, to rezone 5908 West 19th Street, described as Lots 11 and
12, Block 24, Bateman's Subdivision of Cherry & Cox Addition, from "R-
2" Single - family District to "C -3" General Commercial District, as
approved by the Planning Commission on September 20, 1988. No
opposition was presented to the request and Ordinance No. 15,561 was
presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 2908 -C - 5908 West 19th Street, from "R -2" Single - family to "C -3"
General Commercial District)
and said Ordinance was read the first time, followed by a motion by
Director Villines, seconded by Director Priest, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the 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 a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Villines, seconded by Director
Priest, and 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. The Ordinance was read the third and
last time, and there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Mayor Shackelford, Directors Prince, Villines, Priest, Benafield and
Milton - total 6; Noes - None; Absent - Director Bussey - total 1.
Whereupon, the Ordinance was declared PASSED.
Zoning Application (Z -5032) from Andrew Hicks for Jim Rhodes,
Dean Roberts and Gary Lee, to rezone 0.27 acres on Sibley Hole Road
817.5' north of Baseline Road (long legal description), from "R -2"
Single - family District to 0I -2" Light Industrial District, was the
next presentation. The Planning Commission approved the application
on September 20, 1988. No opposition was presented to the request and
Ordinance No. 15,562 was presented, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5032 - 0.32 acres located on Sibley Hole Road north of Baseline
Road, from "R -2" Single - family to "I -2" Light Industrial District.)
and after a first reading of the Ordinance, there was a motion by
Director Villines, seconded by Director Priest, to suspend the rules
and place the Ordinance on second reading. 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, and the second reading of the Ordinance ensued. A
subsequent motion was again made by Director Villines and seconded by
Director Priest, to further suspend the rules and place the Ordinance
on third and final reading. 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.
There was a third and final reading of the Ordinance after which an
Aye and No Vote was taken on the question, Shall the Ordinance Pass,
with the results recorded as follows: Ayes - Mayor Shackelford,
Directors Prince, Villines, Priest, Benafield and Milton - total 6;
Noes - None; Absent - Director Bussey - total 1. Therefore, the
Ordinance was declared PASSED.
135
136
OCTOBER 18, 1988, Cont'd.
Zoning Application Z -5057 filed by John and Beverly Collier, to
rezone 1.34 acres located at 4721 Confederate Boulevard, from "R -2"
Single - family District to "C -3" General Commercial District, was next
presented. The Planning Commission approved the application on
September 20, 1988. No opposition was presented to the proposal and
Ordinance No. 15,563 was presented, with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5057 - To rezone 1.34 acres at 4721 Confederate Boulevard, from "R-
2" Single - family District to "C -3" General Commercial District.)
with the Ordinance being read the first time, after which there was a
motion by Director Villines for suspension of the rules and the
placing of the Ordinance on second reading. The motion was seconded
by Director Priest, and 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 second reading of the
Ordinance followed, with a motion being made by Director Villines,
seconded by Director Priest, to further suspend the rules and place
the Ordinance on third and final reading. With the motion having been
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, the Ordinance was read the third and last time.
The resulting Aye and No Vote taken on passage of the Ordinance is
✓
herein recorded as follows: Ayes - Mayor Shackelford, Directors
Prince, Villines, Priest, Benafield and Milton - total 6; Noes -
None; Absent - Director Hussey - total 1. Mayor Shackelford then
announced that the Ordinance had PASSED.
Ordinance No. 15,564 was presented, described as:
AN ORDINANCE ESTABLISHING THE RATE OF TAXATION OF PROPERTY FOR
CITY PURPOSES FOR THE YEAR 1989 FOR VARIOUS FUNDS OF THE CITY OF
LITTLE ROCK;
and there was a first reading of the Ordinance. A motion was then
made by Director Villines, seconded by Director Priest, that the rules
be suspended and the Ordinance be placed on second reading, with the
motion being 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. The Ordinance was subsequently read the
second time, resulting in a motion again made by Director Villines and
seconded by Director Priest, to further suspend the rules to permit
the third and final reading. The motion was unanimously adopted by
voice vote of the 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 the Ordinance was read the third and last time.
There was an Aye and No Vote taken on the question, Shall the
Ordinance Pass, resulting in the following vote: Ayes - Mayor
,
Shackelford, Directors Prince, Villines, Priest, Benafield and Milton
- total 6; Noes - None; Absent - Director Hussey - total 1.
Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 15,565, containing 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;
and after a first reading of the Ordinance, there was a motion by
Director Villines, seconded by Director Priest, to suspend the rules
and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion again made and seconded by Directors
Villines and Priest, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being six 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
'
I
I
1
;1
J
OCTOBER 18, 1988, Cont'd.
received the following response: Ayes - Mayor Shackelford, Directors
Prince, Villines, Priest, Benafield and Milton - total 6; Noes -
None; Absent - Director Bussey - total 1.
The Emergency Clause contained in Section 4 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Mayor Shackelford, Directors Prince, Villines, Priest,
Benafield and Milton - total 6; Noes - None; Absent - Director
Bussey - total 1. The Ordinance, together with the Emergency Section
was then declared PASSED.
Before the proposed "Ordinance amending Chapter 36 of the Code of
Ordinances of the City of Little Rock, Arkansas, providing for certain
definition modification and procedural revisions" was presented, Ms.
Ruth Bell, 7611 Briarwood Road, representing the "League of Women
Voters ", offered several suggestions to the proposed amendments. She
advised the League's primary concern is the issue of buffering and
supports a fifty foot buffer between residential and commercial
zoning, rather than the proposed thirty -five foot buffer; also, when
the buffer zone is an existing mature wooded lot, that the Ordinance
require that the buffer zone be surveyed and posted and that there be
rigorous penalties imposed in the event of non - compliance; and, that
the Ordinance make it clear that the property owner is required to
maintain the buffer zone. Upon hearing the suggestions of Ms. Bell,
the proposed Ordinance was not presented and was deferred until the
Board Meeting on November 1st, for further study.
Ordinance No. 15,566 was introduced next, entitled:
AN ORDINANCE ADOPTING THE OFFICIAL FLAG FOR THE CITY OF LITTLE
ROCK, ARKANSAS;
with the Ordinance being read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Benafield, and 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 second reading of the
Ordinance followed, with a motion being made by Director Priest, again
seconded by Director Benafield, to further suspend the rules and place
the Ordinance on third and final reading. With the motion having been
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, the Ordinance was read the third and last time.
The resulting Aye and No Vote taken on passage of the Ordinance is
herein recorded as follows: Ayes - Mayor Shackelford, Directors
Prince, Villines, Priest, Benafield and Milton - total 6; Noes -
None; Absent - Director Bussey - total 1. Therefore, the Ordinance
was declared PASSED.
The last matter to be considered was Resolution No. 8,041, that
did not appear on the Agenda, but was presented at the request of City
Attorney Mark Stodola, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH JAMES AND HELEN PATE AND INSURANCE COMPANY OF NORTH
AMERICA TO SETTLE A LAWSUIT ARISING OUT OF THE FAILURE TO INSTALL
IMPROVEMENTS IN RIVER SUBDIVISION AND TO PAY INSURANCE COMPANY OF
NORTH AMERICA A SUM NOT TO EXCEED $150,000.00;
and there was a complete reading of the Resolution. A motion was made
by Director Benafield and seconded by Director Priest, that the
Resolution be adopted. A roll call vote was taken and the Resolution
was adopted as follows: Ayes - Mayor Shackelford, Directors Prince,
Villines, Priest, Benafield and Milton - total 6; Noes - None;
Absent - Director Bussey - total 1.
13'7
23s
OCTOBER 18, 1988, Cont'd.
There being no further business to be presented, Mayor
Shackelford declare the meeting adjourned at 6:45 o'clock P. M., with
the Board of Directors to convene in regular session on Tuesday,
November 1, 1988, at 6:00 o'clock P. M.
ATTEST: ]�,4K APPROVED:
V �i��
City Clerk Jane Czech Mayor Lottie Shackelford '
u
1�
1
Board of Directors Chamber
Little Rock, Arkansas
November 11 1988 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Assistant Mayor Floyd G. Villines presiding in
the absence of Mayor Lottie Shackelford. City Clerk Jane Czech was
present and called the roll with the following Directors present:
Directors Priest, Benafield, Milton and Prince - total 4; Absent -
Director Bussey and Mayor Shackelford - total 2.
Assistant Mayor Villines declared a quorum to be present and the
meeting proceeded as follows.
The Invocation was given by Director Prince.
The first matter to be considered was the Consent Agenda
consisting of the following items:
' (a) The reading of the Minutes of the previous Board Meeting
held October 18, 1988.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of September, 1988.
(c) A Resolution approving policies for development in the
Highway 10 and Rock Creek Corridors and authorizing their
implementation.
(d) Resolution No. 8,042, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE THAT PORTION OF MONROE STREET MORE
SPECIFICALLY DESCRIBED AS: THAT PORTION OF MONROE STREET DESCRIBED AS
BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 3, HILLCREST
ADDITION TO THE CITY OF LITTLE ROCK. (Public Hearing date to be
November 15, 1988.)
(e) Resolution No. 8,043, with the title being:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE A PORTION OF THE ALLEY IN BLOCK 14 OF
MIDLAND HILLS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public
Hearing date to be November 15, 1988.)
(f) Resolution No. 8,044, described as:
' A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS SETTING THE DATE OF HEARING ON THE PETITION TO
VACATE, CLOSE AND ABANDON A PORTION OF AN ALLEY SITUATED IN MIDLAND
HILLS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Block 2 -
Public Hearing date to be November 15, 1988.)
(g) Resolution No. 8,045, containing the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH AMI ENGINEERING, INC. TO EXTEND ENGINEERING SERVICES
CONTRACT FOR THE MABELVALE PIKE AND GEYER SPRINGS 49TH TO 57TH
STREETS, GEYER SPRINGS TO UNIVERSITY AVENUE PROJECT. (Contracts to be
extended by $53,000 and $16,000, respectively.)
(h) Resolution No. 8,046, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH GARVER AND GARVER, INC. OF LITTLE ROCK, NOT TO EXCEED
$85,000.00 TO DESIGN THE UNIVERSITY - CHICOT CONNECTION, A 1987 CAPITAL
IMPROVEMENT BOND PROJECT.
By a motion from Director Priest, seconded by Director Benafield,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held October 18, 1988, were approved as written and
summarized to the members of the Board of Directors; (b) The
III Comparative Statement of Income Account of the Little Rock Municipal
NOVEMBER 1, 1988, Cont'd.
Water Works for the month of September, 1988, was received and filed;
(c) The Resolution was removed from the Agenda and deferred for two
weeks; and (d, e, f, g and h) Resolutions No. 8,042, 8,043, 8,0440
8,045 and 8,046, were read in full and adopted by the following
roll call vote: Ayes - Director Prince, Assistant Mayor Villines,
Directors Priest, Benafield and Milton - total 5; Noes - None;
Absent - Director Bussey and Mayor Shackelford - total 2.
At this time, Director Milton reported the results of the City
Employee Dracula Blood Drive held October 31st at Central Fire
Station, 7th and Chester Streets, from 7:00 A. M. to 11 :00 P. M. He
presented a plaque to Mr. John Pryor, Director of Finance, who had the
highest percentage of employees participating; and to Fire Chief Webb,
whose firefighters donated the highest number of units of blood.
Director Milton introduced Mr. Jack Turner, Executive Vice
President of The Downtown Partnership, who asked Police Chief Caudell
and Assistant Police Chief James Vandiver, to join with him in
recognizing and honoring Mr. Gregory Simmons, an employee of the
AllRight Parking Company at 4th and Louisiana Streets. On September
16, 1988, Mr. Simmons was instrumental in the apprehension of an armed
robber of the Ozark Mountain Smoke House, across the street from where
he is employed. On behalf of all the downtown citizens, Mr. Turner
presented a cash honorarium and plaque to Mr. Simmons, and Director
Milton presented Mr. Simmons with a Certificate of Appreciation from
'
the Board of Directors.
The last presentation was by Director Priest who presented a
plaque to Assistant Police Chief James D. Vandiver, who served as
Acting Police Chief on two different occasions. Following the Board's
public expression of gratitude and appreciation, Resolution No. 8,047
was presented, entitled:
A RESOLUTION HONORING ASSISTANT CHIEF JAMES D. VANDIVER;
and there was a complete reading of the Resolution. A motion was made
by Director Milton and seconded by Director Prince, that the
Resolution be adopted. A roll call vote was taken and the Resolution
was adopted as follows: Ayes - Director Prince, Assistant Mayor
Villines, Directors Priest, Benafield and Milton - total 5; Noes -
None; Absent - Director Bussey and Mayor Shackelford - total 2.
At the time allotted for Citizen Communications, Mr. Dave Joyce,
3100 1 -30, asked the Board of Directors to expedite a proposed street
closure by considering a Resolution to set the date for public hearing
to close Rock Street, between 30th and 31st Streets, on November 15,
1988. The Planning Commission had approved the proposed street
closure and the Resolution was scheduled for the November 15th Board
Agenda to set the date for public hearing at the first meeting in
December. The Board of Directors agreed to consider the Resolution,
No. 8,048, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO
VACATE AND CLOSE ROCK STREET BETWEEN 30TH AND 31ST STREETS, IN MARY
ANN ADDITION TO THE CITY OF LITTLE ROCK, ARKANAS;
(Public Hearing to be held November 15th, with presentation of the
Ordinance to close the portion of Rock Street between 30th and 31st
Streets.)
and the Resolution was read in its entirety. A motion was made by
Director Prince, seconded by Director Benafield, that the Resolution
be adopted. A roll call vote followed and the Resolution was
subsequently adopted as follows: Ayes - Director Prince, Assistant
Mayor Villines, Directors Priest, Benafield and Milton - total 5;
Noes - None; Absent - Director Bussey and Mayor Shackelford - total
2.
Mr. Johnny Reep, President of Local 34, International Fire
Fighters, presented a letter addressed to Mayor Shackelford, strongly
objecting to any proposed out in the 1989 Budget for the operation of
the Little Rock Fire Department. Director Benafield responded by
stating the Board of Directors is a policy- making Board, and the
matter should be taken up with the City Manager. Director Milton
reminded that "it is our policy to listen to anyone who has something
to say." Director Benafield said "this Board has not made a decision
on what the cuts will be; this is the beginning of the budgeting
process." There was no further discussion.
'
1
NOVEMBER 1. 1988. Cont'd.
Zoning Application Z- 4940 -A from John Collins Rogers for Robert
O. Smith, Jr., Trustee, to rezone a tract located at the intersection
of County Line Road and Vimy Ridge Road (long legal description) was
next presented. The application requested a zoning change from "R -2"
Single - family District to "C -1" Neighborhood Commercial District, and
received Planning Commission approval on October 4, 1988. There were
no objectors present and Ordinance No. 15,567 was presented,
containing the following caption:
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- 4940 -A - County Line and Vimy Ridge Roads, from 'R -2' to 'C -1'
District.)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Prince, seconded by Director Priest, and 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.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Priest, seconded by Director Prince, that the rules
be suspended and the Ordinance be placed on third and final reading.
The motion was unanimously adopted by 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; whereupon, the Ordinance was
then read the third and last time. An Aye and No Vote was taken on
passage of the Ordinance which resulted as herein recorded: Ayes -
Director Prince, Assistant Mayor Villines, Directors Priest, Benafield
and Milton - total 5; Noes - None; Absent - Director Bussey and
Mayor Shackelford - total 2. Therefore, the Ordinance was declared
PASSED.
The next presentation was Ordinance No. 15,568, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PRD DISTRICT TITLED KAROLSON MANOR PRD (Z -5076) 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 -5076 - A parcel of land in Block 10, Woodruff's Addition to the
City of Little Rock, Arkansas)
and said Ordinance was read the first time, followed by a motion from
Director Prince to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Priest and adopted by
unanimous vote of the Board Members present, being five in number and
two - thirds or more of the members of the Board of Directors - elect, and
a second reading of the Ordinance followed. The rules were again
suspended and the Ordinance placed on third and final reading by a
motion made and seconded by Directors Priest and Prince, respectively,
and unanimously adopted by the Board Members present, being five 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, there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the results recorded as follows: Ayes -
Director Prince, Assistant Mayor Villines, Directors Priest, Benafield
and Milton - total 5; Noes - None; Absent - Director Hussey and
Mayor Shackelford - total 2. Whereupon, the Ordinance was declared
PASSED.
Ordinance No. 15,569 was introduced, with the title being:
AN ORDINANCE AMENDING ORDINANCE NO. 15,015 FOR AN APPROVED PRD
ENTITLED FIRST BAPTIST CHURCH PRD (Z- 4562 -A), IN ORDER TO PROVIDE FOR
A FIVE YEAR EXTENSION;
(Z- 4562 -A - located on the West Side of Hinson Road, lying between
Pebble Beach Subdivision and Windsor Towne Homes.)
with the Ordinance being read the first time, after which there was a
motion by Director Prince for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Priest, and unanimously adopted by 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. A second reading of the
Ordinance followed, with a motion being made by Director Priest,
141
142
NOVEMBER 1, 1988, Cont'd.
I
seconded by Director Prince, to further suspend the rules and place
the Ordinance on third and final reading. With the motion having been
unanimously adopted by 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 read the third and last
time. The resulting Aye and No Vote taken on passage of the Ordinance
received the following response: Ayes - Director Prince, Assistant
Mayor Villines, Directors Priest, Benafield and Milton - total 5;
Noes - None; Absent - Director Bussey and Mayor Shackelford - total
2. The Ordinance was then declared PASSED.
The next presentation was Ordinance No. 15,570, described as:
AN ORDINANCE PROVIDING FOR A WAIVER OF THE SUBDIVISION ORDINANCE
STANDARDS FOR SECTION 31 -281 (A -3) CALLING FOR A WAIVER OF REQUIREMENT
FOR ALL BOUNDARY STREET IMPROVEMENTS IN FIRST PHASE;
(YMCA Preliminary Plat - NE Corner of Chicot Road and Mabelvale Cutoff
Road.)
~
and after a first reading of the Ordinance, there was a motion by
Director Prince, seconded by Director Priest, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by 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 the second reading of the Ordinance ensued. A
subsequent motion was then made by Director Priest, seconded by
Director Prince, to suspend the rules and place the Ordinance on third
and final reading. The motion was unanimously adopted by 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. There was a
third and final reading of the Ordinance after which an Aye and No
Vote was taken on the question, Shall the Ordinance Pass, and resulted
as follows: Ayes - Director Prince, Assistant Mayor Villines,
Directors Priest, Benafield and Milton - total 5; Noes - None;
Absent - Director Bussey and Mayor Shackelford - total 2. It was then
announced that the Ordinance had PASSED.
Ordinance No. 15,571 was introduced, entitled:
AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR CERTAIN DEFINITION
MODIFICATION AND PROCEDURAL REVISIONS;
(Amendments to the ZONING ORDINANCE in the areas of: Church Parking
Standards; Buffer Zones; Satellite Parking; Planned Unit Development;
Height Maximums; and Car Wash Uses.)
with the Ordinance being read the first time, followed by a motion
from Director Priest for suspension of the rules and the placing of
the Ordinance on second reading. The motion was seconded by Director
Prince and unanimously adopted by 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. A second reading of the Ordinance
followed, with a motion being made by Director Priest and seconded by
Director Benafield, to further suspend the rules and place the
Ordinance on third and final reading. With the motion having been
unanimously adopted by 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 read the third and last
time. The resulting Aye and No Vote taken on passage of the Ordinance
received the following response: Ayes - Director Prince, Assistant
Mayor Villines, Directors Priest, Benafield and Milton - total 5;
Noes - None; Absent - Director Bussey and Mayor Shackelford - total
2. Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 15,572, described as:
AN ORDINANCE AMENDING ORDINANCE 15,390 SECTION 28 -8 OF THE LITTLE
ROCK CODE OF ORDINANCES TO INCREASE FEES FOR DUMPING IN THE SANITARY
LANDFILL;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Prince, to suspend the rules and
place the ordinance on second reading. The motion was unanimously
adopted by 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 the second reading of the Ordinance ensued. 11
'
Ll
143
NOVEMBER 1, 1988, Cont'd.
subsequent motion was then made by Director Priest, seconded by
Director Benafield, to suspend the rules and place the Ordinance on
third and final reading. The motion was unanimously adopted by
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.
There was a third and final reading of the Ordinance ter which an
Aye and No Vote was taken on passage of the Ordinance an� resulted as
follows: Ayes - Director Prince, Assistant Mayor Villin \, Directors
Priest, Benafield and Milton - total 5; Noes - None; Absent -
Director Bussey and Mayor Shackelford - total 2. The Ordinance was
then declared PASSED.
Consideration was then given to Ordinance No. 15,573, with the
title being:
AN ORDINANCE AMENDING IN PART SECTIONS 1 AND 2 OF ORDINANCE NO.
11,366 TO PROVIDE FOR LEVYING ADDITIONAL PRIVILEGE FEE TO BE PAID BY
ARKANSAS LOUISIANA GAS COMPANY FOR THE YEAR 1989; PROVIDING FOR THE
PAYMENT THEREOF;
II AN ORDINANCE LEVYING ADDITIONAL PRIVILEGE FEES TO BE PAID BY
SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR 1989; AND PROVIDING
Ilf FOR THE PAYMENT THEREOF;
with the Ordinance being read the first time, followed by a motion
from Director Priest for suspension of the rules and the placing of
the Ordinance on second reading. The motion was seconded by Director
Prince and unanimously adopted by 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. A second reading of the Ordinance
I followed, with a motion being made by Director Priest and seconded by
I Director Benafield, to suspend the rules and place the Ordinance on
third and final reading. With the motion having been unanimously
adopted by 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 read the third and last time. The
resulting Aye and No Vote taken on passage of the Ordinance received
the following response: Ayes - Director Prince, Assistant Mayor
Villines, Directors Priest, Benafield and Milton - total 5; Noes -
None; Absent - Director Bussey and Mayor Shackelford - total 2.
Assistant Mayor Villines then announced that the Ordinance had PASSED.
Consideration was then given to Ordinance No. 15,575, described
as:
AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT OF FEES AND
CHARGES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS BY ARKANSAS POWER
AND LIGHT COMPANY AND THE METHOD OF PAYMENT THEREOF FOR 1989; AMENDING
SECTION 9 OF ORDINANCE NO. 11,683; AND FOR OTHER PURPOSES;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Prince, to suspend the rules and
place the Ordinance on second reading. The motion wait unanimously
adopted by 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest
and Benafield, respectively, to further suspend the rules and place
with the Ordinance being read the first time, followed by a motion
from Director Priest for suspension of the rules and the placing of
the Ordinance on second reading. The motion was seconded by Director
Prince and unanimously adopted by 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. A second reading of the Ordinance
followed, with a motion being made by Director Priest and seconded by
Director Benafield, to suspend the rules and place the Ordinance on
third and final reading. With the motion having been unanimously
adopted by 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 read the third and last time. The
resulting Aye and No Vote taken on passage of the Ordinance received
the following response: Ayes - Director Prince, Assistant Mayor
Villines, Directors Priest, Benafield and Milton - total 5; Noes -
None; Absent - Director Bussey and Mayor Shackelford - total 2. It
was announced that the Ordinance had PASSED.
Ordinance No. 15,574 was presented, entitled:
II AN ORDINANCE LEVYING ADDITIONAL PRIVILEGE FEES TO BE PAID BY
SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR 1989; AND PROVIDING
Ilf FOR THE PAYMENT THEREOF;
with the Ordinance being read the first time, followed by a motion
from Director Priest for suspension of the rules and the placing of
the Ordinance on second reading. The motion was seconded by Director
Prince and unanimously adopted by 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. A second reading of the Ordinance
I followed, with a motion being made by Director Priest and seconded by
I Director Benafield, to suspend the rules and place the Ordinance on
third and final reading. With the motion having been unanimously
adopted by 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 read the third and last time. The
resulting Aye and No Vote taken on passage of the Ordinance received
the following response: Ayes - Director Prince, Assistant Mayor
Villines, Directors Priest, Benafield and Milton - total 5; Noes -
None; Absent - Director Bussey and Mayor Shackelford - total 2.
Assistant Mayor Villines then announced that the Ordinance had PASSED.
Consideration was then given to Ordinance No. 15,575, described
as:
AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT OF FEES AND
CHARGES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS BY ARKANSAS POWER
AND LIGHT COMPANY AND THE METHOD OF PAYMENT THEREOF FOR 1989; AMENDING
SECTION 9 OF ORDINANCE NO. 11,683; AND FOR OTHER PURPOSES;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Prince, to suspend the rules and
place the Ordinance on second reading. The motion wait unanimously
adopted by 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest
and Benafield, respectively, to further suspend the rules and place
141
NOVEMBER 1, 1988, Cont'd.
the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being five 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Director Prince, Assistant
Mayor Villines, Directors Priest, Benafield and Milton - total 5;
Noes - None; Absent - Director Bussey and Mayor Shackelford - total
2. The Ordinance was then declared PASSED.
A public hearing was scheduled for this time and place, with an
Ordinance to assess the value of benefits to be received by owners of
each of the several blocks, lots and parcels of land within Water and
Sewer Improvement District No. 141 of Little Rock, Arkansas.
Assistant Mayor Villines declared the public hearing open with Mr.
Mark Spradley, attorney for the proposed district, speaking first. He
requested that the Board of Directors proceed with the public hearing
on the assessments, but that the presentation of the Ordinance be
deferred until November 15, 1988. He said there are a number of
objections to be heard; however, one of the objectors, West Little
Rock Partnership, is withdrawing its objections and a formal waiver
and withdrawal of appeal is being prepared for filing. Mr. Spradley
suggested that the objections be heard adding: "we have satisfied
ourselves that we can still stay within the schedule and should be
able to get the assessments in for presentation of the Ordinance on
November 15th." Mr. John Kapp, an assessor for the district,
explained the criteria for assessing the district was the value,
frontage, location, improvements located thereon, the superficial, the
topography; whether is is commercial, retail or industrial; whether it
is in the floodway, floodplain, or whether it is landlocked; also,
whether there is an easement on, or to the property. He advised there
are ninety -one parcels consisting of 363 acres within the district.
The average parcel contains three to five acres, with 608 of the
district being commercial. Mr. Kapp said the trend along Kanis Road
is commercial, with the value of commercial property being ninety -two
cents to $2.00 per foot. At the request of Director Milton, he
displayed a map of the district and pointed out the boundaries and
answered questions regarding the various parcels. (The following four
appeals of assessment were filed with the City Clerk within the time
required by law: Patrick J. Morgan; J. L. and J. R. Gibson; Rev. M.
L. Moser, Jr. for himself, his mother, and Central Baptist Church; and
West Little Rock Partnership.) Rev. M. L. Moser, Jr., 1515 Bowman
Road, representing himself, his mother and indirectly, Central Baptist
Church, stated his main concern was for his mother who owns two
parcels with the total annual assessments being $4,548.00, or $379.00
per month. His assessment on two - thirds acre would be $556.00 per
year which would average about $22.00 per month, and the Church's
assessment of $355.00 per year would average about $30.00 per month,
making total monthly payments of $431.24, he said. Rev. Moser advised
his mother is on a limited income of Social Security and a small
pension from the Church, and this one assessment takes nearly all of
her monthly Social Security. He stated he did not oppose the Sewer
District but was informed, "our payment would not be more than $80.00
per month." In closing he said the assessments are too high. Mrs.
Juanita Gibson, 12000 Kanis Road, voiced opposition to the formation
of the district commenting there are two groups favoring it; those who
need water and sewer, and those who hope to develop the property. She
said it would not benefit her and asked that her property be assessed
at zero. Mr. Roy Rainey, Sr., 18720 Kanis Road, addressed the Board
stating he did not need to be included in the district because he had
already spent $130,000 bringing sewer into the area and had shared in
the burden, and asked to be exempt. He felt the whole thing was
unfair from its inception asking why some are exempt and some aren't
(Roger Properties and Winrock Properties were not included in the
district), but didn't question the need. He said he offered to serve
as a commissioner for the district but, that didn't happen. Mr.
Rainey closed by saying, "this Board needs to ask the commissioners to
re- evaluate the assessments." At this point, upon question by
Assistant Mayor Villines, Assistant City Attorney Ed Adcock, advised
that the State Statute requires that appeal of assessment must be
filed within ten days from the date the notice was published and it
specifically says it shall be filed with the City Clerk in writing.
(Notice of Filing of Assessment List was published October 12th; the
last date for filing appeal would have been Saturday, October 22nd,
but October 24th would have been the final legal date for filing an
appeal.) Mr. Adcock continued, "the Board's jurisdiction in
considering appeals is, in our office's opinion, limited to those
individuals who have satisfied the appeal requirement of the Statute.
1
NOVEMBER 1. 1988, Cont'd.
Should Mr. Rainey wish to pursue a remedy, his remedy would be to file
an action in Chancery Court within thirty days of the date of the
Ordinance." Further discussion followed in which Mr. Jim Summerlin,
engineer for the district, advised the reason the Winrock Properties
were not included in the district is because of the land contour; it
falls back the other way. He further advised, "in the case of Mr.
Rainey (he owns considerably more property than was included in the
district), the only piece of his property that was included in the
district and the only piece that could flow into our system, and the
fact that that piece of property is part of our overall boundary, we
could not have had a contiguous boundary in district area in taking
him out of the district." At this point, Mr. Patrick J. Morgan
verbally withdrew his appeal on the assessment, and with the
withdrawal of the West Little Rock Partnership appeal, as stated by
Mr. Spradley, the only remaining appeals are from Rev. Moser and J. L.
and J. R. Gibson. Following the discussion, Assistant Mayor Villines
declared the public hearing closed and announced that the Board of
Directors would recess this meeting and reconvene on Tuesday, November
15, 1988, to consider the proposed Ordinance assessing the benefits on
the parcels within the district.
II III There being no further business to be presented, Assistant Mayor
Villines declared the meeting recessed at 7:35 o'clock P. M., with the
' IIII Board of Directors to reconvene on Tuesday, November 15, 1988 at 6:00
o'clock P. M., to consider a proposed Ordinance assessing benefits in
Water -Sewer Improvement District No. 141.
ATTEST: Ta4ve, (11-01
City Clerk Jane Czech
APPROVED: �r�
Assistant Mayor
Floyd G. Villines
145
146
Board of Directors Chamber
Little Rock, Arkansas
November 15, 1988 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas,
reconvened from the November 1, 1988, regular Board Meeting with Mayor
Lottie Shackelford presiding. Jane Czech, City Clerk, called the roll
with the following Directors present: Directors Priest, Benafield,
Milton, Bussey, Prince and Villines - total 6; Absent None.
With a quorum in attendance, Mayor Shackelford declared the Board
of Directors in session and stated the purpose of the reconvened
meeting was to consider an Ordinance assessing benefits on parcels of
land within Water and Sewer Improvement District No. 141 of Little
Rock, Arkansas. (Public Hearing was held November 1, 1988.)
Mayor Shackelford, at the request of the Parent Teachers
Association, proclaimed this week "American Education Week." Two
students from Park View Magnet School made presentations to observe
the occasion.
Resolution No. 8,049 was presented, entitled:
A RESOLUTION COMMENDING THE LITTLE ROCK POLICE DEPARTMENT, THE
FEDERAL BUREAU OF INVESTIGATION, THE HOT SPRINGS POLICE DEPARTMENT,
VARIOUS NEWSPAPERS, TELEVISION STATIONS AND RADIO STATIONS, DOCTORS
HOSPITAL, DR. SUSAN KEATHLEY, DR. TERRY JEFFERSON AND DR. RUFUS
THROWER, NELL DEAN MATHIS FOR THEIR EFFORTS IN THE SAFE RETURN OF BABY
CHRISTOPHER MICHAEL JONES;
(Born on October 29, 1988 and abducted from Doctors Hospital November
1, 1988.)
and the Resolution was read in its entirety. A motion was made by
Director Villines and seconded by Director Milton, that the Resolution
be adopted. A roll call vote followed and the Resolution was adopted
as herein recorded: Ayes - Directors Priest, Benafield, Milton,
Bussey, Mayor Shackelford, Directors Prince and Villines - total 7;
Noes - None; Absent - None.
The next presentation was Ordinance No. 15,576, with the title
being:
AN ORDINANCE ASSESSING THE VALUE OF BENEFITS TO BE RECEIVED BY
THE OWNERS OF EACH OF THE SEVERAL BLOCKS, LOTS AND PARCELS OF LAND
WITHIN WATER AND SEWER IMPROVEMENT DISTRICT NO. 141 OF LITTLE ROCK,
ARKANSAS; AND DECLARING AN EMERGENCY;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Bussey, seconded by
Director Priest, and unanimously adopted by members of the Board of
Directors present, being seven 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 again made by Director
Bussey and seconded by Director Villines, 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 the members of the Board
of Directors present, being seven in number and two - thirds or more of
the members of the Board of Directors- elect. Before the third and
final reading of the Ordinance, a lengthy discussion ensued. Mr. Mark
Spradley, Attorney for the District, advised the objection of the West
Little Rock Partnership is resolved and a motion to reduce the
assessment on their tract would be needed. Upon question by Director
Villines, Mr. John Kapp, one of the assessors, advised the levy had
been reduced from 4% to 3.12 %, which in effect, did reduce the annual
charges that each person within the District boundaries would pay
annually, and this was due to the fact that the construction bid was
considerably lower than engineering estimates. Director Villines made
a motion, seconded by Director Priest, that "the West Little Rock
Partnership will have an assessment on its unserved 5.9 acres of
$20,000, and the 34.1 acres served will have a zero assessment." The
motion was unanimously adopted by the Board Members present and t_he
assessment was amended accordingly. In answer to a question by
1
November 15, 1988, Cont'd.
Director Milton, Mr. Kapp explained there is some benefit to property
having access to City sewer services even though the property owner
has a sewage treatment plant. In other words, a property appraisal
would be higher if City water and sewer services were available. Mr.
Kapp noted at this point that there had been a reduction in the
assessment of Mrs. M. L. Moser and Rev. M. L. Moser, Jr., due to their
installation of a waterline not previously known to the assessors.
Director Benafield then moved that "Mrs. M. L. Moser's assessment
previously submitted at $52,000 be reduced to $48,250; and that the
assessment of Rev. M. L. Moser, Jr., previously submitted at $13,986
be reduced to $10,146.' The motion was adopted by the following roll
call vote: Ayes - Directors Priest, Benafield, Bussey, Mayor
Shackelford, Directors Prince and Villines - total 6; Noes - Director
Milton - total 1; Absent - None. Mrs. Juanita Gibson, 12000 Kanis
Road, who had also filed an appeal objecting to her assessment, spoke
again in opposition stating she would not benefit from the Water and
Sewer District because they have their own treatment plant, and asked
for zero assessment. Mr. Kapp said the assessment on Mrs. Gibson's
business would be about the same as the assessment on a residence.
Director Milton made a motion that "Mrs. Gibson's property be removed
from the assessment list and if she later ties on, she would then pay
the assessments." The motion was seconded by Director Villines, with
the roll call vote recorded as 'follows: Ayes - Directors Milton,
Bussey and Mayor Shackelford - total 3; Noes - Directors Priest,
Benafield, Prince and Villines - total 4; Absent - None. Therefore,
the motion failed and a third and final reading of the Ordinance
followed. The resulting Aye and No Vote taken on passage of the
Ordinance received the following response: Ayes - Directors Priest,
Benafield, Milton, Bussey, Mayor Shackelford, Directors Prince and
Villines - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Priest, Benafield, Milton, Bussey, Mayor Shackelford,
Directors Prince and Villines - total 7; Noes - None; Absent - None.
The Ordinance, together with the Emergency Section, was then declared
PASSED.
There being no further business to be presented, Mayor
Shackelford declared the meeting adjourned at 7:15 o'clock P. M., with
the Board of Directors to convene in regular session immediately
following this reconvened meeting.
ATTEST:
Cit(((y/// Clerk Jane Czech
APPROVED
Mayor Lottie
Shackelford
1'1'7
144
Board of Directors Chamber
Little Rock, Arkansas
November 15, 1988 - 7:30 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session following the reconvened meeting held at 6:00 P.
M., with Mayor Lottie Shackelford presiding. City Clerk Jane Czech
was present and called the roll with the following Directors in
attendance: Directors Priest, Benafield, Milton, Bussey, Prince and
Villines - total 6; Absent - None.
with a quorum present, Mayor Shackelford declared the Board of
Directors in session.
The Invocation was given by Assistant Mayor Villines.
The first matter to be considered was the Consent Agenda
consisting of the following items:
(a) The reading of the minutes of the previous meeting held
November 1, 1988.
(b) Resolution No. 8,050, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE FRAZIER PIKE STREET BETWEEN EAST 22ND AND
BOND STREETS, IN N/A ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS.
(Hearing date to be December 8, 1988)
(c) Resolution No. 8,051, with the title being:
A RESOLUTION APPOINTING A SUCCESSOR COMMISSIONER FOR
QUAPAW CENTRAL BUSINESS DISTRICT NO. 5 OF LITTLE ROCK, ARKANSAS.
(Davis Fitzhugh replacing Jenny Heard)
(d) Resolution No. 8,052, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE REMODELING OF THE MONKEY HOUSE AT
THE LITTLE ROCK ZOO.
(e) Resolution No. 8,053, containing the following caption:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE NECESSARY DOCUMENTS TO ACQUIRE 10.5 ACRES OF LAND TO GO
ALONG WITH ALREADY ACQUIRED LAND FOR THE DEVELOPMENT AND FUTURE
DEVELOPMENT OF THE SOUTHWEST COMMUNITY COMPLEX. (Adjacent to 6219
Baseline Road)
(f) Resolution No. 8,054, entitled:
A RESOLUTION ADOPTING A NEW INVESTMENT POLICY FOR THE
CITY OF LITTLE ROCK, ARKANSAS, REPEALING RESOLUTION NO. 6364; AND FOR
OTHER PURPOSES.
(g) Resolution No. 8,055, with the title being:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF QUALITY FOODS,
INCORPORATED TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM.
(Located at 4901 Asher Avenue)
(h) Resolution No. 8,056, described as:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK CERTIFYING LOCAL GOVERNMENT' ENDORSEMENT OF SILVERWOOD
PRODUCTS, INCORPORATED TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE
PROGRAM: (Located at 3215 Brown Street)
November 15, 1988, Cont'd.
(i) Resolution No. 8,057, that did not contain a title, but
authorized the Mayor and City Clerk to execute a deed conveying a
parcel of land owned by the Little Rock Municipal Water Works at Lake
Maumelle, to Natural Steps Baptist Church.
By a motion from Director Villines, seconded by Director Bussey, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held November 1, 1988, were approved as written and
summarized to the members of the Board of Directors; (b, c, d, e, f,
g, h & i) Resolutions No. 8,050, 8,051, 81052, 81053, 8,054, 8,055,
8,056 and 8,057, were read in full and adopted by the following roll
call vote: Directors Villines, Priest, Benafield, Milton, Bussey,
Mayor Shackelford and Director Prince - total 7; Noes - None; Absent
- None.
At the time allotted for Citizen Communications, Mr. Jemmie
Shumard, #6 Marigold Drive, representing several residents on the
street, requested that Marigold Drive become a one -way street, and
that the City erect signs designating it a one -way street. Mayor
Shackelford advised Mr. Shumard that the request was an administrative
matter and would be brought to the attention of the City Manager.
Before the 1989 City of Little Rock Budget Ordinance was
presented for consideration, the following persons addressed the Board
regarding funding for the para- transit service: Karen Beys, 1501 Main
Street, Suite 111, Chairperson for the Advisory Committee of CAT for
Disabled Persons, and Mainstream Living; Richard Petty, 1501 Main
Street, Suite 111, Director of Mainstream Living; Donald Turk, 33rd &
University, UALR, Co- Chairperson of the Advisory Committee for CAT for
Disabled Persons; Barbara Duncan, 2309 South Jackson Street, Jimmy
Sparks; and April Baggett, 16110 Taylor Loop Road. The para- transit
service is currently operated by Metropolitan Emergency Medical
Services and the Central Arkansas Transit Authority was notified by
MEMS, the service will be discontinued on December 2nd because of the
ambulance service's financial problems. Central Arkansas Transit has
asked the City to allocate $24,000 so the transit system can continue
the service. The six persons named above made ardent pleas to the
Board of Directors to provide the additional money. Director
Benafield pointed out that $1,174,000 in unrestricted funds has been
included in the Budget for CAT, and the $24,000 could be taken from
that appropriation. City Manager Tom Dalton advised that MEMS opted
to get out of the para - transit system because of their projected
losses between $50,000 to $70,000. This put the responsibility on CAT
of finding another entity, other than MEMS, to operate the service.
Central Arkansas Transit has expressed some concern about being able
to provide a subsidy within their budget to provide that service. One
suggestion that Mr. Dalton offered was that the Board designate
$24,000 or $36,000 of the $1,174,000 appropriation to CAT, for the
operation of the para- transit service. He stated $36,000 will be
needed to subsidize the program and assumed $24,000 would be Little
Rock's share. Director Bussey then made a motion, seconded by
Director Villines, that 'the Board direct the City Manager and City
Attorney to allocate $24,000 in additional money to continue the
operation of the para- transit service for disabled people.' The
motion was unanimously adopted by voice vote of the Board Members
present. There was no further discussion.
Ordinance No. 15,577 was then presented, entitled:
AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF
LITTLE ROCK FOR THE PERIOD BEGINNING JANUARY 1, 1989, AND ENDING
DECEMBER 31, 1989; APPROPRIATING FUNDS FOR EACH AND EVERY CLASS OF
EXPENDITURE THEREIN PROVIDED; AND DECLARING AN EMERGENCY;
and after a first reading of the Ordinance, there was a motion by
Director Benafield, seconded by Director Villines, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect, and the second reading of the Ordinance
ensued. A subsequent motion was then made by Director Benafield and
seconded by Director Bussey, to further suspend the rules and place
the Ordinance on third and final reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a third and final reading of the Ordinance
after which an Aye and No Vote was taken on passage of the Ordinance
149
1
November 15, 1988, Cont'd.
1
and resulted as follows: Ayes - Directors Villines, Priest,
Benafield, Milton, Bussey, Mayor Shackelford and Director Prince -
total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 12 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Villines, Priest, Benafield, Milton, Bussey, Mayor
Shackelford and Director Prince - total 7; Noes - None; Absent -
None. Mayor Shackelford then announced that the Ordinance, together
with the Emergency Section had PASSED.
Zoning Application Z -5098 filed by Ronald E. Tabor for FGS
Properties, was the next presentation. The application requested the
reclassification of Block 361, Original City; Blocks 23 and 24,
Riverside Addition; and Blocks 22 and 25, Stillman Addition to the
City of Little Rock, located at Cantrell Road (Highway 10) and
Riverside Avenue, from "R -5 ", "0 -3" , "C -3" and "I -2" to "0 -2" General
Office District. The Planning Commission approved the application on
November 1, 1988. Ordinance No. 15,578 was presented, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5098 - Property located at Cantrell Road and Riverside Avenue, from
'
"R -5 ", "O -3", "C -3' and "1 -2" to "0-2" General Office District.)
and the Ordinance was read the first time. A group of area residents
was present to oppose the rezoning, which if approved, would mean
relocation of persons residing there. Mr. Webb Hubbell, Attorney for
FGS Properties, was present to answer questions from the residents and
Board Members. Mr. Delbert Lewis, 106 Riverside Drive, Apartment #45,
was the first to speak in opposition. He said the Riverside Area
provides some of the City's only affordable housing that was also
accessible to disabled people, pointing out that the property south of
Cantrell Road is properly zoned for offices, and that the City has an
abundance of office space. Mr. Phillip McCorkle, 129 Riverside Drive,
stated that he had begun to accept the fact this area is going to be
commercialized; adding, "it's a beautiful hillside; we object to it
being turned into a parking lot, and some consideration should be
given to a park area." Ms. Becky Morris, 130 Riverside Drive, said it
would be hardest to give up the neighbors. She suggested relocation
assistance in the form of trucks and strong backs, and asked that a
small parcel be saved for public use. Ms. Gail Donhowe, 139 Riverside
Drive, an artist, also spoke in opposition. Ms. Betsy Fields, 126
Riverside Drive, voiced opposition and charged the rezoning was a
"done deal" and residents can now mourn the loss of their homes. Mr.
Mark Abernathy, a member of the Quapaw Quarter Association, said the
association was not opposed to the rezoning but did want to meet with
the developers to discuss the historical and architectural importance
of the property in the area. Mr. John Flake, representing FGS
Properties, the developer, advised he had scheduled a meeting with Mr.
Abernathy and Mr. Hugh Patterson, one of the landowners, regarding
this matter. Director Bussey commented that he had been through a
relocation process which was called "progress." He asked Mr. Hubbell,
Attorney for FGS Properties to do a better job of helping residents
relocate. (The residents were given free rent for the month of
December, and were asked to move by January 6, 1989.) Mr. Hubbell
promised that Barnes, Quinn, Flake and Anderson, the realty firm in
charge of relocation assistance, would be more active and send a
representative to visit residents. There was no further discussion
and Director Villines moved, seconded by Director Bussey, to suspend
the rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present being
seven in number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Villines and Bussey, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being seven 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. The Aye and
No Vote taken on passage of the Ordinance received the following
response: Ayes - Directors Villines, Priest, Benafield, Milton,
Bussey, Mayor Shackelford and Director Prince - total 7; Noes - None;
Absent - None. The Ordinance was then declared PASSED.
II
November 15, 1988, Cont'd.
The following rezoning application was presented at this time, as
approved by the Planning Commission on November 1, 1988:
Z -5082 - From Virgil Dexter Doyne to rezone 4416 Frazier Pike,
described as Lot 12, Block 64, College Park Addition to the City of
Little Rock, from "R -2" Single - family to "R -4" Two - family District.
No opposition was presented to the reclassification; therefore,
Ordinance No. 15,579 was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5082 - 4416 Frazier Pike rezoned from 'R -20 to 'R -4° District.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Benafield, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest
and Villines, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being seven 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. The Aye and No Vote
taken on the question, Shall the Ordinance Pass, is recorded as
follows: Ayes - Directors Villines, Priest, Benafield, Milton,
Bussey, Mayor Shackelford and Director Prince - total 7; Noes - None;
Absent - None. Mayor Shackelford then announced that the Ordinance
had PASSED.
Consideration was given to Ordinance No. 15,580, described as:
AN ORDINANCE AMENDING LAND USE AND ROADS ON THE UPPER ROCK CREEK
LAND USE PLAN ORDINANCE NO. 15,147, GENERALLY IN THE AREA NORTH OF
KANIS ROAD AND WEST OF THE CITY LIMITS; AND FOR OTHER PURPOSES;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Benafield, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued. A
subsequent motion was again made by Director Priest to further suspend
the rules and place the Ordinance on third and final reading, which
motion was seconded by Director Villines, and adopted by unanimous
vote of the members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a third and last reading of the Ordinance
after which an Aye and No Vote was taken on passage of the Ordinance
with the response being: Ayes - Directors Villines, Priest,
Benafield, Milton, Bussey, Mayor Shackelford and Director Prince -
total 7; Noes - None; Absent - None. Whereupon, the Ordinance was
declared PASSED.
Introduced next was Ordinance No. 15,581, entitled:
AN ORDINANCE AMENDING THE CLASSIFICATION OF THE DOWNTOWN STREETS,
REVISING THE MASTER STREET PLAN ORDINANCE NO. 15,519 AND REPEALING
ORDINANCE NO. 14,210;
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Benafield, which was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. Upon second reading of the Ordinance, there
was a subsequent motion by Director Priest that the rules again be
suspended and the Ordinance be placed on third and final reading.
Director Villines seconded the motion which was adopted by unanimous
vote of the members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
151
152
November 15, 1988, Cont'd.
the results recorded as follows: Ayes - Directors Villines, Priest,
Benafield, Milton, Bussey, Mayor Shackelford and Director Prince -
total 7; Noes - None; Absent - None. The Ordinance was then
declared PASSED.
A proposed Resolution approving policies for development in the
Highway 10 and Rock Creek Corridors and authorizing their
implementation was placed on the Agenda; however, Director Benafield
asked that the Resolution be deferred for two weeks, but that
discussion be held since several persons were present who wished to
speak. A lengthy discussion followed in which Mr. David Jones, 26
Colony Road, a realtor, representing several property owners along
Highway 10, was the first speaker. He commented that the property on
Highway 10 from downtown out to Highway 300, continues to be an area
of importance, a lot of controversy and a lot of activity. He
specifically mentioned the area between Rodney Parham Road and Highway
300, which he said he understands the recommendation from the Planning
Commission in essence is, that under certain circumstances and under
certain additional development criteria that more or less coincides
with the additional development criteria as set forth in the
transition zones, that this Board and this City allow the possibility
of some commercial development to exist within the transition zones
that were originally conceived to only contain multi - family and office
zoning. He further stated that he understands there is a certain
concensus among the Board they really don't want to make that
position statement at this point in time, and that they would like
simply to retain the statement that says they possibly might take a
look at expansion of the commercial areas at the commercial nodes that
are so designated. He displayed a map of Highway 10 showing the three
commercial nodes; one at Highway 300, one at the East End of Taylor
Loop Road, and the Glenn Johnson Ranch PUD commercial node, formally
designated on the Highway 10 Plan. He pointed out there are two other
pieces of property that are formally zoned commercial on the Highway
10 Plan; the Candlewood Area and Mr. Louis Schickel's property at
Southridge which includes approximately four acres that have been
cleared and never developed. In describing the zoning districts in
the Highway 10 Area, Mr. Jones said, "what we are telling property
owners along Highway 10 is that we are rendering their property
undevelopable because no one is going to build a single - family home in
an area where all the public investment is occurring." He read the
following petition (filed with the City Clerk), signed by thirty
property owners on Highway 10: "We, the undersigned, as property
owners and concerned citizens, wish to positively state our support
for a City of Little Rock, Arkansas Policy that will allow
consideration of 'commercial zoning' within the designated
'Transition Zones' on Highway 10. To ensure a 'parkway -like'
environment, the additional 'development criteria' required with the
'Transition Zones' will protect the Highway 10 scenic corridor while
providing the needed convenience and commercial infrustructure
required by a dynamic, growing area. We collectively urge the Board
to act now by setting forth a Policy that allows 'flexibility' but
calls for 'quality development' by setting forth the additional
restrictions contained within the 'Transition Zones' for residential,
office, multi - family and commercial development." In closing he said,
"property owners felt this would be a just policy on behalf of the
City in an area that is obviously growing with a tremendous amount of
development pressure, and what we are asking for is flexibility." Mr.
Billy Rector, 506 North Elm Street, a member of the Planning
Commission, said "some parts of the 'Transition Zone' could possibly
be suited for zone restricted commercial development." Director
Villines in discussing 'Transition Zones' and activity going on in the
area, said he doesn't want to make changes until there is citizen in-
put. Director Milton said, "nobody wants hodge -podge development
along Highway 10," with Director Priest adding, "or anywhere in this
City - only quality development." Mr. John V. Schlereth, 1275 Tower
Building, a member of the Planning Commission, said "what we are
attempting to say is, "it would be better to develop stringent
criteria for commercial uses that would apply to all of Highway 10."
Director Benafield felt there should be flexibility along Highway 10.
Following the lengthy discussion, the proposed Resolution was deferred
until after January 1, 1989.
A public hearing had been scheduled by Resolution No. 8,042, and
notice thereof duly published on November 4, 1988 and November 11,
1988, on the petition from Robert E. and Susan Miller, to vacate and
close a portion of Monroe Street beginning at the northeast corner of
Lot 1, Block 3, Hillcrest Addition to the City of Little Rock, as ,
approved by the Planning Commission. Attached to the petition was a
1
November 15, 1988, Cont' d.
certified copy of Hillcrest Addition on file in the Pulaski County
Circuit Clerk's Office, and a letter from Little Rock Abstract Company
listing the last apparent owners of record to abutting property.
Mayor Shackelford then declared the public hearing open and with no
one present who wished to speak in opposition to the proposed closing,
the public hearing was declared closed and Ordinance No. 15,582 was
presented, entitled:
AN ORDINANCE VACATING AND CLOSING THAT PORTION OF MONROE STREET
MORE SPECIFICALLY DESCRIBED AS: THAT PORTION OF MONROE STREET
DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 3,
HILLCREST ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY,
ARKANSAS, THENCE EASTERLY ALONG SOUTH LINE OF NORTH LOOKOUT STREET
46.2 FEET TO THE NORTHWEST CORNER OF LOT 6, BLOCK 4, SAME ADDITION;
THENCE SOUTH 138 FEET TO THE SOUTHWEST CORNER OF LOT 6, BLOCK 4, SAME
ADDITION; THENCE SOUTHWESTERLY TO THE SOUTHEAST CORNER OF LOT 1, BLOCK
3, SAME ADDITION; THENCE NORTH 150 FEET ALONG THE EAST LINE OF LOT 1,
BLOCK 31 TO THE NORTHEAST CORNER OF LOT 1, AND THE POINT OF BEGINNING;
(South of North Lookout Avenue)
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Villines, seconded by
Director Bussey, and unanimously adopted by members of the Board of
Directors present, being seven 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 again made by Director
Villines and seconded by Director Bussey, 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 the members of the Board
of Directors present, being seven in number and two - thirds or more of
the members of the Board of Directors - elect. There was a third and
last reading of the Ordinance followed by an Aye and No Vote taken on
passage of the Ordinance with the response being: Ayes - Directors
Villines, Priest, Benafield, Milton, Bussey, Mayor Shackelford and
Director Prince - total 7; Noes - None; Absent - None. Mayor
Shackelford then announced that the Ordinance had PASSED.
A public hearing had been scheduled by Resolution No. 8,043, and
notice thereof duly published on November 4, 1988 and November 11,
1988, on the petition from C. Randall Breece, et al., to vacate and
close a portion of the alley in Block 14, Midland Hills Addition to
the City of Little Rock. Attached to the petition was a certified
copy of the plat of Midland Hills Addition on file in the Pulaski
County Circuit Clerk's Office, and a letter from Little Rock Abstract
Company certifying to the last apparent owners of record to property
abutting the portion of the alley to be closed. Mayor Shackelford
then declared the public hearing open and with no one present who
wished to speak in opposition to the proposed closing, the hearing was
declared closed and Ordinance No. 15,583 was presented with the title
being:
AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 14 OF
MIDLAND HILLS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
and the Ordinance was read the first time. The rules were then
suspended to provide for the second reading of the Ordinance by a
motion made by Director Villines, seconded by Director Bussey, and
unanimously adopted by the Board Members present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Villines and
Bussey, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being seven 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. The question of
passage of the Ordinance was then submitted to an Aye and No Vote,
which received the following response: Ayes - Directors Villines,
Priest, Benafield, Milton, Bussey, Mayor Shackelford and Directors
Prince - total 7; Noes - None; Absent - None. The Ordinance was
then declared PASSED.
A public hearing had been scheduled for this time and place by
Resolution No. 8,044, and notice thereof duly published on November 4,
1988 and November 11, 1988, on the petition from Joe Register,
Arkansas School for the Blind, et Al, to vacate and close the portion
of the alley adjacent to Lots 1, 2 & N 1/2 of 31 Block 2, Midland
153
1111154
November 15, 1988, Cont'd.
I
Hills Addition to the City of Little Rock, as approved by the Planning
Commission. Attached to the petition was a certified copy of Block 2,
Midland Hills Addition, on file in the Pulaski County Circuit Clerk's
Office, and a letter from Little Rock Abstract Company listing the
last apparent owners of record to abutting property. Mayor
Shackelford then declared the public hearing open and with no one
present who wished to speak in opposition to the proposed closing, the
public hearing was declared closed. Ordinance No. 15,584 was then
presented, described as:
AN ORDINANCE VACATING, CLOSING AND ABANDONING A PORTION OF AN
ALLEY IN BLOCK 2, MIDLAND HILLS ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Villines, seconded by
Director Bussey, and unanimously adopted by members of the Board of
Directors present, being seven 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 again made by Director
Villines and seconded by Director Bussey, 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 the members of the Board
of Directors present, being seven in number and two - thirds or more of
the members of the Board of Directors - elect; whereupon, there was a
third and last reading of the.Ordinance. The passage of the Ordinance
was then submitted to an Aye'and No Vote which resulted as follows:
Ayes - Directors Villines, Priest, Benafield, Milton, Bussey, Mayor
Shackelford and Director Prince - total 7; Noes - None; Absent -
None. The Ordinance was then declared PASSED.
A public hearing had been scheduled by adoption of Resolution No.
8,048, and notice thereof duly published on November 41 1988 and
November 11, 1988, on the petition from S. Barksdale McKay, to vacate
and close the portion of Rock Street lying between 30th and 31st
Streets, that was not officially closed during the construction of
Interstate 30, as approved by the Planning Commission. Attached to
the petition was a certified copy of Mary Ann and Quapaw Additions
showing the portion of Rock Street to be closed, on file in the
Pulaski County Circuit Clerk's Office, and a letter from Standard
Abstract & Title Company, Inc., listing the last apparent owners of
record to abutting property. Mayor Shackelford then declared the
public hearing open and with no one present who wished to speak in
opposition to the proposed closing, the public hearing was declared
closed and Ordinance No. 15,585 was then introduced, entitled:
AN ORDINANCE VACATING AND CLOSING ROCK STREET BETWEEN 30TH AND
31ST STREETS IN MARY ANN ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS;
with the Ordinance being read the first time, after which there was a
'
motion by Director Villines for suspension of the rules and the
placing of the Ordinance on second reading. The motion was seconded
by Director Bussey, and unanimously adopted by members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect. A second reading of the
Ordinance followed, with a motion again being made by Director
Villines, again seconded by Director Bussey, to further suspend the
rules and place the Ordinance on third and final reading. With the
motion having been unanimously adopted by members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect, the third and final reading
of the Ordinance ensued. The Aye and No Vote taken on the question,
Shall the Ordinance Pass, received the following response: Ayes -
Directors Villines, Priest, Benafield, Milton, Bussey, Mayor
Shackelford and Director Prince - total 7; Noes - None; Absent -
None. Whereupon, the Ordinance was declared PASSED.
Ordinance No. 15,586 was introduced, containing the following
caption:
AN ORDINANCE AUTHORIZING A SUPPLEMENT TO THE LEASE AND AGREEMENT
BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND ARKTIC ICE, INC., DATED
AS OF FEBRUARY 1, 1979 AND A SUPPLEMENT TO A TRUST INDENTURE BETWEEN
THE CITY AND FIRST COMMERCIAL BANK, NATIONAL ASSOCIATION; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES;
1
November 15, 1988, Cont'd.
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Villines, and by unanimous vote of the
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Priest, seconded by Director Prince, that the rules
be again suspended and the Ordinance be placed on third and final
reading. The motion was unanimously adopted by members of the Board
of Directors present, being seven in number and two - thirds or more of
the members of the Board of Directors - elect; whereupon, the Ordinance
was then read the third and last time. An Aye and No Vote was taken
on passage of the Ordinance which resulted as herein recorded: Ayes -
Directors Villines, Priest, Benafield, Milton, Bussey, Mayor
Shackelford and Director Prince - total 7; Noes - None; Absent -
None.
The Emergency Clause contained in Section 4 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Villines, Priest, Benafield, Milton, Bussey, Mayor
Shackelford and Director Prince - total 7; Noes - None; Absent -
None. Therefore, the Ordinance, together with the Emergency Section,
was then declared PASSED.
Introduced next was Ordinance No. 15,587, with the title being:
AN ORDINANCE TO ESTABLISH CRITERIA TO BE FOLLOWED TO
COMPETITIVELY BID CITY BANKING SERVICES; TO REPEAL ORDINANCE NOS.
10,911 AND 10,767; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES;
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Villines, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Priest, seconded by Director
Prince, and unanimously adopted by members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect. The Ordinance was read the third and
last time, and there was an Aye and No Vote taken on passage of the
Ordinance, with the response being: Ayes - Directors Villines,
Priest, Benafield, Milton, Bussey, Mayor Shackelford and Director
Prince - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 8 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Villines, Priest, Benafield, Milton, Bussey, Mayor
Shackelford and Director Prince - total 7; Noes - None; Absent -
None. Mayor Shackelford then announced that the Ordinance, together
with the Emergency Section, had PASSED.
A proposed Ordinance was placed on the Agenda, entitled: "AN
ORDINANCE PROVIDING SPECIFIC REGULATIONS RELATING TO OPERATION OF
COMMERCIAL GROUND TRANSPORTATION AT LITTLE ROCK REGIONAL AIRPORT;
PROVIDING FOR USUAGE FEES; PROVIDING FOR THE ENFORCEMENT THEREOF;
PROVIDING FOR AN EFFECTIVE DATE THEREOF; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; AND DECLARING AN
EMERGENCY." City Manager Tom Dalton advised that the proposed
Ordinance had been deferred for two weeks, therefore, NO ACTION WAS
TAKEN.
Ordinance No. 15,588 was the next presentation, entitled:
AN ORDINANCE TO PERMIT HOTELS, MOTELS AND RESTAURANTS TO SELL
ALCOHOLIC BEVERAGES ON SUNDAYS IN ACCORDANCE WITH THE PROVISIONS OF
ACT 766 OF 1987; PRESCRIBING OTHER MATTERS RELATING THERETO; AND
DECLARING AN EMERGENCY;
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Villines, and by unanimous vote of the
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
again made by Director Priest, seconded by Director Prince, that the
155
i156
November 15, 1988, Cont'd.
rules be suspended and the Ordinance be placed on third and final
reading. The motion was unanimously adopted by members of the Board
of Directors present, being seven in number and two- thirds or more of
the members of the Board of Directors- elect; whereupon, the Ordinance
was then read the third and last time. An Aye and No Vote was taken
on passage of the Ordinance which resulted as herein recorded: Ayes -
Directors Villines, Priest, Benafield, Milton, Bussey, Mayor
Shackelford and Director Prince - total 7; Noes - None; Absent -
None.
The Emergency Clause contained in Section 4 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Villines, Priest, Benafield, Milton, Bussey, Mayor
Shackelford and Director Prince - total 7; Noes - None; Absent -
None. Whereupon, the Ordinance together with the Emergency Clause was
declared PASSED.
At this point in the meeting, Mr. Rollin Caristianos,
representing the Danny Thomas Company, requested that the Board of
Directors consider the rezoning of 6123 South University Avenue (Z-
5090), located just north of the former Razorback Concrete Plant at
65th Street and University Avenue, from "R -2" Single - family District
to "C -4" Open Display District. The Planning Commission approved the
rezoning on November 1, 1988, which would have been placed on the
Board's Agenda on December 8, 1988. The Board of Directors agreed to
,
consider the Ordinance, No. 15,589, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5090 - Reclassifying 6123 South University Avenue, from 'R -2' to
"C-4' District.)
and said Ordinance was read the first time, followed by a motion by
Director Benafield, seconded by Director Priest, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion being made by Director Benafield, seconded by Director Priest,
and unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors- elect. The Ordinance was read the third and last
time, and there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the results recorded as follows: Ayes -
Directors Villines, Priest, Benafield, Milton, Bussey, Mayor
Shackelford and Director Prince - total 7; Noes - None; Absent -
None. Whereupon, the Ordinance was declared PASSED.
At 10:00 o'clock P. M., Mayor Shackelford announced that the
'
Board of Directors would recess to executive session in the Board's
Conference Room, for the purpose of considering appointments to
various Boards and Commissions.
When the Board of Directors reconvened at 10 :20 o'clock P. M.
from executive session, Mayor Shackelford presided and the following
Directors answered roll call: Directors Priest, Benafield, Milton,
Bussey, Mayor Shackelford, Directors Prince and Villines - total 7;
Absent - None.
Resolution No. 8,058 was then presented, described as:
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE CIVIL
SERVICE COMMISSION; PLANNING COMMISSION; AND THE HOUSING AUTHORITY OF
THE CITY OF LITTLE ROCK;
(Civil Service Commission: Mr. Gene Goss appointed to unexpired term
of Dick Herget; Planning Commission: Ms. Kathleen G. Oleson
appointed, and Mr. Fred M. Perkins, Jr. and Mr. Walter G. Riddick,
III, reappointed; Housing Authority: Mrs. Jane Saunders reappointed.)
1
November 15
1988. Cont'd.
and there was a complete reading of the Resolution. A motion was made
by Director Benafield, seconded by Director Bussey, that the
Resolution be adopted. A roll call vote followed and the Resolution
was subsequently adopted as follows: Ayes - Directors Villines,
Priest, Benafield, Milton, Bussey, Mayor Shackelford and Director
Prince - total 7; Noes - None; Absent - None.
There being no further business to be presented, Mayor
Shackelford declared the meeting adjourned at 10:22 o'clock P. M.,
with the Board of Directors to convene in regular session on Thursday,
December 8, 1988 at 6:00 o'clock P. M., due to the Board of Directors
attending the National League of Cities Meeting in Boston on the
regular Board Meeting date of December 6, 1988.
ATTEST: 946 44/t/ APPROVED: ( i 4�
City Clerk Jane Czech Mayor Lottie Shackelford
L
157
158
Board of Directors Chamber
Little Rock, Arkansas
December 8, 1988 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in rescheduled session with Mayor Lottie Shackelford presiding. City
Clerk Jane Czech was present and called the roll with the following
Directors in attendance: Directors Priest, Benafield, Milton, Bussey,
Prince and Villines - total 6; Absent - None.
With a quorum present, Mayor Shackelford declared the Board of
Directors in session.
The Invocation was given by Director Priest.
To begin the meeting Mr. Paul Berry, Chairperson for the Private
Industry Council, presented Director Bussey with a plaque for his
service to PIC, as a representative of the Board of Directors.
Mayor Shackelford presented a Little Rock T -Shirt and ,
Certificate of Appreciation to Robert Keller, 5, Mayor of the
imaginary Monstertown, the kindergarten winner of the Arkansas
Democrat's Mayor of Kid Club contest. The other winners who received
T- Shirts and Certificates were Kristin Pittenger, 8, second -grade
winner, and Shana Spriggs, 10, fifth -grade winner.
The Consent Agenda was presented consisting of the following
items:
(a) The Minutes of the reconvened meeting held November 15, 1988
and the regular meeting held November 15, 1988.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of October, 1988.
(c) The Abstract of Votes and the Amended Abstract of Votes cast
at the November 8, 1988, General Election for Board of Director
Positions, Municipal Judges and Ordinance No. 15,527.
(d) A motion to set the date for appeal by an objector of the
Planning Commission's approval of a Special Use Permit for a day care
home at 8801 Fairhaven Road. (Z -5088)
(e) Resolution No. 81059, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE THE ALLEY IN BLOCK 171 OF JOHN BARROW ,
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS.
(f) Resolution No. 8,060, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO CONTRACT
WITH DELTA DENTAL PLAN OF ARKANSAS FOR EMPLOYEE DENTAL INSURANCE
COVERAGE FOR ONE YEAR COMMENCING JANUARY It 1989.
(g) Resolution No. 8,061, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH HILL CONSTRUCTION, INC. OF LITTLE ROCK FOR THE
INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF WEST MARKHAM
STREET AND BOWMAN ROAD FOR THE AMOUNT OF $51,319.25.
(h) Resolution No. 8,062, containing the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF ROCK SALT FOR THE
DEPARTMENT OF PUBLIC WORKS, AND FOR SECURITY SERVICE FOR THE FLEET
SERVICES DIVISION OF THE DEPARTMENT OF HUMAN AND GENERAL SERVICES.
(i) Resolution No. 8,063, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH SAM DAVIS TO EXTEND AN ENGINEERING SERVICES CONTRACT
FOR THE FAIR PARK - MABELVALE PIKE PROJECT. '
DECEMBER 8, 1988, Cont'd.
(j) Resolution No. 8,064, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT TO THE
LOWEST RESPONSIBLE AND RESPONSIVE BIDDER, DIAMOND CONSTRUCTION
COMPANY, IN THE AMOUNT OF $83,359 FOR THE CONSTRUCTION OF A SANITARY
SEWER EXTENSION FOR WHITFIELD /WEST 39TH STREET.
(k) Resolution No. 8,065, described as:
A RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO
EXECUTE THE NECESSARY DOCUMENTS FOR THE RENEWAL OF A LONG TERM LEASE
WITH ARKANSAS LOUISIANA GAS COMPANY FOR A PORTION OF THE NORTH /SOUTH
ALLEY IN BLOCK 10, DODGE ADDITION TO THE CITY OF LITTLE ROCK, FOR A
PERIOD OF FIVE (5) YEARS ENDING SEPTEMBER 17, 1993.
(1) Resolution No. 8,066, containing the following heading:
A RESOLUTION ACCEPTING THE DONATION BY PAUL 0. MORRIS,
JR. OF APPROXIMATELY THREE ACRES OF LAND ADJACENT TO GRASSY FLAT CREEK
AT RODNEY PARHAM ROAD AND EXPRESSING APPRECIATION FOR THE DONATION OF
THE LAND.
(m) Resolution No. 8,067, entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF D. Q.
OPERATIONS, INCORPORATED TO PARTICIPATE IN THE ARKANSAS ENTERPRISE
ZONE PROGRAM. (Located at 8701 Fourche Dam Pike)
(n) Resolution No. 81068, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT TO SELL TO THE LITTLE ROCK WASTE WATER UTILITY 469.5
LINEAR FEET OF 12 AND 21 INCH SANITARY SEWER LINES AND APPURTENANCES
AND; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT
TO SELL TO THE LITTLE ROCK MUNICIPAL WATER WORKS 475 LINEAR FEET OF 12
AND 16 INCH WATER LINES AND APPURTENANCES.
(o) Resolution No. 8,069, containing the following heading:
RESOLUTION OF THE LITTLE ROCK BOARD OF DIRECTORS
ENDORSING CITY PARTICIPATION IN A CERTIFIED LOCAL GOVERNMENT PROGRAM
WITH THE UNITED STATES DEPARTMENT OF INTERIOR AND TO PROVIDE MATCHING
GRANT FUNDS NECESSARY TO RESEARCH, DOCUMENT AND PROMOTE HISTORICALLY
SIGNIFICANT STRUCTURES IN THE CITY OF LITTLE ROCK.
By a motion from Director Benafield, seconded by Director Hussey,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
reconvened meeting and the regular meeting held November 15, 1988,
were approved as written and summarized to members of the Board of
Directors; (b) The Comparative Statement of Income Account of the
Little Rock Municipal Water Works for the month of October, 1988, was
received and filed; (c) The Abstract of Votes and the Amended
Abstract of Votes cast at the November 8, 1988, General Election for
Board of Director Positions, Municipal Judges and Ordinance No.
15,527, was received and filed; (d) A Motion was adopted to set the
date for public hearing on December 20, 1988, on the appeal of an
objector of the Planning Commission's approval of a Special Use Permit
for a day care home at 8801 Fairhaven Road; and (e, f, g, h, i, j, k,
1, m, n and o) Resolutions No. 8,059, 8,060, 8,061, 8,062, 8,063,
8,064, 8,065, 8,066, 8,067, 8,068 and 8,069, were read in full and
adopted by the following roll call vote: Ayes - Directors Priest,
Benafield, Milton, Bussey, Mayor Shackelford, Directors Prince and
Villines - total 7; Noes - None; Absent - None.
A public hearing had been scheduled for this time and place
regarding the Ambulance Authority proposed rate increase. Mayor
Shackelford declared the public hearing open and when no one appeared
to address the proposal, the public hearing was declared closed.
(Resolution to increase non - emergency transfer fees to be considered
at the December 20, 1988, Board of Directors Meeting.)
At the time allotted for Citizen Communications, Ms. Mary
Harrison, 1816 North Jackson Street, and Mrs. Marie Garvin, 1812 North
Jackson Street, complained of poor drainage conditions and flooding in
their neighborhood. Mrs. Garvin stated that her home was flooded to
15`a
J
160 -
DECEMBER 8, 1988, Cont'd.
the extent that she will be required to purchase a new heating system.
The matter was referred to City Manager Tom Dalton for investigation,
with a report to the Board of Directors within two weeks.
Zoning Application Z -5084 filed by Robert and Sandra Vowell, to
rezone 9724 Interstate 30 (long legal description), from "R -2" Single -
family to "C -4" Open Display District, was next presented. The
Planning Commission approved the application on November 1, 1988. No
opposition was presented to the proposal and Ordinance No. 15,590 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;
(Z -5084 - 0.77 acres located at 9724 I -301 from 'R -2" to "C -4" Open
Display District.)
and after a first reading of the Ordinance, there was a motion by
Director Bussey, seconded by Director Prince, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Bussey and
,
Villines, respectively, to suspend the rules and place the Ordinance
on third and final reading. The motion received unanimous adoption by
the Board Members present, being seven 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. The Aye and No Vote taken on
passage of the Ordinance received the following response: Ayes -
Directors Priest, Benafield, Milton, Bussey, Mayor Shackelford,
Directors Prince and Villines - total 7; Noes - None; Absent - None.
The Ordinance was then declared PASSED.
The next Zoning Application (Z -5086) to be considered was filed
by L. Dickson Flake for Systematics, Inc., to rezone 12.125 acres on
the Pleasant Valley Farm Road (long legal description), from "R -2"
Single - family to "0 -2" Office Park District, as approved by the
Planning Commission on November 1, 1988. No opposition was presented
to the request and Ordinance No. 15,591 was introduced, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5086 - 12.125 acres on the Pleasant Valley Farm Road, from "R -2" to
"0-2" District.)
with the Ordinance being read the first time, after which there was a
motion by Director Bussey for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
'
Director Prince, and unanimously adopted by members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect. A second reading of the
Ordinance followed, with a motion being made by Director Bussey,
seconded by Director Villines, to further suspend the rules and place
the Ordinance on third and final reading. With the motion having been
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect, the Ordinance was read the third and last
time. The resulting Aye and No Vote taken on passage of the Ordinance
is herein recorded as follows: Ayes - Directors Priest, Benafield,
Milton, Bussey, Mayor Shackelford, Directors Prince and Villines -
total 7; Noes - None; Absent - None. Whereupon, the Ordinance was
declared PASSED.
Zoning Application Z -5093 to rezone Lot 1, Robert M. Goff &
Associates Subdivision, located at Shackleford Road and I -430/I -630,
from "0 -2" General Office to "C -2" Shopping Center District, was
considered at this time. The application was filed by Joe D. White
for Robert M. Goff & Associates and received approval of the Planning
Commission on November 1, 1988. No opposition was presented to the
reclassification and Ordinance No. 15,592 was presented, with the
title being:
i
DECEMBER 8, 1988, Cont'd.
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 -5093 - Lot 1, Robert M. Goff & Associates Subdivision located at
Shackleford Road and 1 -430/1 -630, from "0-2' to "C -2" District.)
and there was a first reading of the Ordinance. A motion was then
made by Director Bussey, seconded by Director Prince, that the rules
be suspended and the Ordinance be placed on second reading, with the
motion being unanimously adopted by members of the Board of Directors
present being seven in number and two - thirds or more of the members of
the Board of Directors - elect. The Ordinance was subsequently read the
second time, resulting in a motion again made by Director Bussey and
seconded by Director Villines, for a further suspension of the rules
to permit the third and final reading. The motion was unanimously
adopted by voice vote of the members of the Board of Directors
present, being seven 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. There was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, resulting in the following vote: Ayes -
Directors Priest, Benafield, Milton, Bussey, Mayor Shackelford,
Directors Prince and Villines - total 7; Noes - None; Absent - None.
Therefore, the Ordinance was declared PASSED.
Zoning Application Z -5095 from Joe D. White for Jimmy Heavrin, to
rezone 1.1478 acres located at 9511 I -30 (long legal description),
from "R -2" Single - family to "C -4" Open Display District, was the next
presentation. The Planning Commission approved the application on
November 1, 1988. No opposition was presented to the request and
Ordinance No. 15,593 was presented, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5095 - 1.1478 acres located at 9511 I -30, from "R -2" to 'C -4' Open
Display District.)
and after a first reading of the Ordinance, there was a motion by
Director Bussey, seconded by Director Prince, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion again made and seconded by Directors
Bussey and Villines, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being seven 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Directors Priest, Benafield,
Milton, Bussey, Mayor Shackelford, Directors Prince and Villines -
total 7; Noes - None; Absent - None. The Ordinance was then
declared PASSED.
Ordinance No. 15,594 was the next presentation, described as:
AN ORDINANCE AMENDING THE MASTER STREET PLAN FOR THE ALIGNMENT,
FUNCTIONAL CLASSIFICATION, AND DESIGN STANDARDS OF ROADS BETWEEN
HIGHWAY 10 AND KANIS, CITY LIMITS AND FERNDALE CUTOFF ROAD, AND OTHER
MATTERS;
and the Ordinance was read the first time. Upon question by Director
Milton, Mr. Richard Wood of the Department of Comprehensive Planning,
stated that a public hearing was held before the Planning Commission
on the changes and the controversial items had been removed from the
Ordinance being considered by the Board of Directors. A motion was
then made by Director Bussey, seconded by Director Prince, to suspend
the rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect. There was a second reading of the Ordinance
followed by a subsequent motion made and seconded by Directors Bussey
and Villines, respectively, to suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being seven in number and two-
161
3 V N
DECEMBER 8. 1988. Cont'd.
thirds or more of the members of the Board of Directors - elect, and the
third and last reading of the Ordinance followed. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Directors Priest, Benafield, Milton, Hussey, Mayor Shackelford,
Directors Prince and Villines - total 7; Noes - None; Absent - None.
Therefore, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 15,595, containing
the following caption:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A VARIANCE OF FENCING AND
BUFFER REQUIREMENTS, AND DECLARING AN EMERGENCY;
(For: Pleasant Valley Living Center located on the south side of
Hinson Road west of Hinson Loop Road for waiver of 6' fence on the
south property line and parking and maneuvering area be permitted to
encroach upon the buffer zone on a variable line up to 5' from the
rear property line.)
and after a first reading of the Ordinance, there was a motion by
Director Hussey, seconded by Director Prince, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued. A
subsequent motion was made by Director Bussey to further suspend the
rules and place the Ordinance on third and final reading, which motion
was seconded by Director Villines, and adopted by unanimous vote of
the members of the Board of Directors present, being seven in number
and two- thirds or more of the members of the Board of Directors - elect.
There was a third and last reading of the Ordinance after which an Aye
and No Vote was taken on the question, Shall the Ordinance Pass, with
the vote recorded as follows: Ayes - Directors Priest, Benafield,
Milton, Hussey, Mayor Shackelford, Directors Prince and Villines -
total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 2 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Priest, Benafield, Milton, Hussey, Mayor Shackelford,
Directors Prince and Villines - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance, together with the Emergency Section, was
then declared PASSED.
A public hearing had been scheduled by Resolution No. 8,050, and
notice thereof duly published on November 23, 1988 and November 30,
1988, on the proposal to close Frazier Pike between 22nd and Bond
Streets. The Board of Directors adopted Resolution No. 5,794, on
September 6, 1977, approving the relocation of Bond Street by-the
Little Rock Municipal Airport Commission; therefore, the request to
close this portion of Frazier Pike, which is being made for Airport
Expansion, did not need approval by the Planning Commission. Mayor
Shackelford then declared the public hearing open and with no one
present who wished to speak in opposition to the proposed closing, the
public hearing was declared closed and Ordinance No. 15,596 was
presented, entitled:
AN ORDINANCE VACATING AND CLOSING FRAZIER PIKE STREET BETWEEN
EAST 22ND AND BOND STREETS IN N/A ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Benafield, and unanimously adopted by members of the Board of
Directors present, being seven 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 again made by Director
Priest and seconded by Director Benafield, 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 the members of the Board
of Directors present, being seven in number and two - thirds or more of
the members of the Board of Directors - elect; whereupon, there was a
third and last reading of the Ordinance. The passage of the Ordinance
was then submitted to an Aye and No Vote which resulted as follows:
Ayes - Directors Priest, Benafield, Milton, Hussey, Mayor Shackelford,
Directors Prince and Villines - total 7; Noes - None; Absent - None.
The Ordinance was then declared PASSED.
DECEMBER 8, 1988, Cont'd.
Ordinance No. 15,597 was the next presentation, containing the
following caption:
AN ORDINANCE APPROPRIATING $51,423.20 FOR INSTALLATION OF A
TRAFFIC SIGNAL AT THE INTERSECTION OF WEST MARKHAM AND THE MARKHAM
COMMERCIAL CENTER DRIVEWAY AND AUTHORIZING THE CITY MANAGER TO AWARD
THE CONTRACT TO HILL CONSTRUCTION, INC. OF LITTLE ROCK;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Benafield, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest
and Benafield, respectively, to further suspend the rules and place
the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being seven 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Directors Priest, Benafield,
Milton, Hussey, Mayor Shackelford, Directors Prince and Villines -
total 7; Noes - None; Absent - None. Whereupon, the Ordinance was
declared PASSED.
Consideration was then given to Ordinance No. 15,598, with the
title being:
AN ORDINANCE APPROPRIATING $111,500.00 FOR THE CONSTRUCTION OF A
NEW BRIDGE IN THE 8200 BLOCK OF CHICOT ROAD AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH JOYNER -FORD & BURKE OF
ALEXANDER, ARKANSAS FOR THE CONSTRUCTION OF A NEW BRIDGE FOR
$111,500.00;
with the Ordinance being read the first time. The rules were then
suspended to permit the second reading by motion from Director Priest,
seconded by Director Benafield, and by unanimous vote of the members
of the Board of Directors present, being seven in number and two -
thirds or more of the members of the Board of Directors - elect. Upon
second reading of the Ordinance, there was a subsequent motion made by
Director Priest, again seconded by Director Benafield, that the rules
be suspended and the Ordinance be placed on third and final reading.
The motion was unanimously adopted by members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect; whereupon, the Ordinance was
then read the third and last time. An Aye and No Vote was taken on
passage of the Ordinance which resulted as herein recorded: Ayes -
Directors Priest, Benafield, Milton, Bussey, Mayor Shackelford,
Directors Prince and Villines - total 7; Noes - None; Absent - None.
The Ordinance was then declared PASSED.
Introduced next was Ordinance No. 15,599, described as:
AN ORDINANCE AMENDING ORDINANCE NO. 15,573 WHICH AMENDED IN PART
SECTIONS 1 AND 2 OF ORDINANCE NO. 11,366 TO PROVIDE FOR LEVYING
ADDITIONAL PRIVILEGE FEE TO BE PAID BY ARKANSAS LOUISIANA GAS COMPANY
FOR THE YEAR 1989;
with the Ordinance being read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Benafield and unanimously adopted by members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directos- elect. A second reading of the
Ordinance followed, with a motion again being made by Director Priest
and seconded by Director Benafield, to suspend the rules Bind place the
Ordinance on third and final reading. With the motion having been
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect, the Ordinance was read the third and last
time. The resulting Aye and No Vote taken on passage of the Ordinance
is recorded as follows: Ayes - Directors Priest, Benafield, Milton,
Bussey, Mayor Shackelford, Directors Prince and Villines - total 7;
Noes - None; Absent - None. The Ordinance was then declared PASSED.
164
DECEMBER 8, 1988, Cont' d.
Ordinance No. 15,600 was presented, entitled:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR EMERGENCY REPAIRS TO STORM DRAINAGE LINES AND
INLET STRUCTURES AT THE INTERSECTION OF MARKHAM AND ARCH STREETS;
APPROPRIATING $55,000 FROM THE SPECIAL PROJECTS FUND; AND DECLARING AN
EMERGENCY;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Benafield, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors- elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest
and Benafield, respectively, to suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being seven 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. The question of
passage of the Ordinance was then submitted to an Aye and No Vote,
which received the following response: Ayes - Directors Priest,
Benafield, Milton, Bussey, Mayor Shackelford, Directors Prince and
Villines - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Priest, Benafield, Milton, Bussey, Mayor Shackelford,
Directors Prince and Villines - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance together with the Emergency Section was
declared PASSED.
A proposed Ordinance was placed on the Agenda entitled: AN
ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH
ACHARD VISUAL ARTS FOR LAYOUT PRODUCTION OF THE EMPLOYEE NEWSLETTER.
Director Prince felt there might be a conflict of interest inasmuch as
Mr. Achard is employed by the City in the Office of Comprehensive
Planning. Director Benafield also opposed contracting with City
Employees, saying it was an apparent conflict of interest that needed
to be avoided. City Manager Tom Dalton explained that bids were sent
out with Mr. Achard the only one responding. He further stated in his
opinion, there would be no conflict of interest as long as the work is
not done on City time and so long as Mr. Achard's employment status
and the Board's action is publicly declared. He suggested that if the
Board prefers, a policy could be considered regarding contracting with
City Employees. There was no further discussion and the matter was
DEFERRED for further consideration.
Introduced next was Ordinance No. 15,601, containing the
following caption:
AN ORDINANCE PROVIDING SPECIFIC REGULATIONS RELATING TO OPERATION
OF COMMERCIAL GROUND TRANSPORTATION AT LITTLE ROCK REGIONAL AIRPORT;
PROVIDING FOR USAGE FEES; PROVIDING FOR THE ENFORCEMENT THEREOF;
PROVIDING FOR AN EFFECTIVE DATE THEREOF; PROVIDING FOR SEVERABILITY;
AND DECLARING AN EMERGENCY;
and the Ordinance was read the first time. A discussion followed on
provisions of the Ordinance in which Mr. James Rodgers, Manager of the
Little Rock Regional Airport, said an agreement had been reached since
the Agenda Meeting, on some of the concerns of the Board. He said the
"shall" language in the Ordinance had been changed to "will." Also,
an agreement had been reached with the Hospitality Association on the
issue of suspension of licenses on Pages 14 and 15 of the Ordinance,
that had been a concern. Section C on Page 11 entitled, "Rates
Subject to Review" was discussed, with Director Priest urging that the
Board of Directors stipulate action on any rate changes. Mr. Jim
Barnett, Insurance and Benefits Consultant for the Arkansas
Hospitality Association, told the Board he would prefer that liability
limits be treated in the same way as rates, and recommended that
Section C be stricken and replaced with rate language. Under the
Ordinance, a $15.00 annual license fee to off - airport businesses and
motel and hotel courtesy vans dropping off passengers at the Airport
will be charged. The off - airport businesses, mainly independent
parking lots with shuttle services, must pay 50 cents per trip. There
is a $500.00 annual limit on the charge for hotel and motel vans
instead of the 50 cents fee. Following the discussion, Director
Priest made a motion, seconded by Director Villines, that Section C of
l
r
1
r l
L
DECEMBER 8, 1988, Cont'd.
the Ordinance be amended as follows: 'C. Rates Subiegt to Review.
The Commission will review the rate structure established hereunder in
the third quarter of each calendar year. The Commission is hereby
empowered to recommend modifications of such rates as shall be
necessary in the Commission's opinion to fulfill the purposes of this
chapter. Any rate recommended by the Commission will be subject to
review and approval by the Board of Directors within thirty (30) days
after the rate is recommended. The Commission will give written
notification to the Board of Directors of its decision to recommend a
modification of such rates." The motion was unanimously ADOPTED by
the Board Members present. A subsequent motion was then made by
Director Priest and seconded by Director Villines, to suspend the
rules and place the Ordinance, as amended, on second reading. The
motion was unanimously adopted by members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect. There was a second reading of the
Ordinance, as amended, followed by a motion again made and seconded by
Directors Priest and Villines, respectively, to further suspend the
rules and place the Ordinance, as amended, on third and final reading.
The motion received unanimous adoption by the Board Members present,
being seven 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, as amended, ensued. The question, Shall the Ordinance, as
amended, Pass, was submitted to an aye and No Vote, which received the
following response: Ayes - Directors Priest, Benafield, Milton,
Bussey, Mayor Shackelford, Directors Prince and Villines - total 7;
Noes - None; Absent - None.
The Emergency Clause contained in Section 4
Ordinance, as amended, was then read and adopted
roll call vote: Ayes - Directors Priest, Benafiel<
Mayor Shackelford, Directors Prince and Villines -
None; Absent - None. Therefore, the Ordinance, as
with the Emergency Section, was declared PASSED.
of the foregoing
by the following
Milton, Bussey,
total 7; Noes -
amended, together
Consideration was then given to Resolution No. 8,070, entitled:
A RESOLUTION AUTHORIZING THE EXTENSION OF WATER AND SEWER
UTILITIES TO CHARTWELL VALLEY, LTD.;
and there was a complete reading of the Resolution.
by Director Villines and seconded by Director
Resolution be adopted. A roll call vote was taken
was adopted as follows: Ayes - Directors Priest,
Bussey, Mayor Shackelford, Directors Prince and V
Noes - None; Absent - None.
A motion was made
Prince, that the
and the Resolution
Benafield, Milton,
illines - total 7;
At 7:25 o'clock P. M., Mayor Shackelford announced that the Board
of Directors would recess to executive session in the Board's
Conference Room, for the purpose of evaluating City Manager Tom Dalton
and City Attorney Mark Stodola.
When the Board of Directors reconvened at 7:50 o'clock P. M. from
executive session, Mayor Shackelford presided and the following
Directors answered roll call: Directors Priest, Benafield, Milton,
Bussey, Mayor Shackelford, Directors Prince and Villines - total 7;
Absent - None.
Mayor Shackelford announced that City Manager Tom Dalton and City
Attorney Mark Stodola had received affirmative ratings with a 4 1/28
salary increase and other fringe considerations.
There being no further business to be presented, it was moved by
Director Benafield, seconded by Director Villines, and unanimously
carried that this meeting be adjourned at 8:00 o'clock P. M., and that
the Board of Directors convene in regular session on Tuesday, December
20, 1988 at 6:00 o'clock P. M.
ATTEST: ]�W (??fCAU
City Clerk Jane Czech
APPROVED.,
Mayor Lottie
Shackelford
165
166
Board of Directors Chamber
Little Rock, Arkansas
December 20, 1988 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas
convened in regular session with Assistant Mayor Floyd Villines
presiding in the absence of Mayor Shackelford. City Clerk Jane Czech
called the roll with the following Directors in attendance: Directors
Priest, Benafield, Milton, Prince and Villines - total 5; Absent -
Mayor Shackelford and Director Bussey.
With a quorum present, Assistant Mayor Villines declared the
Board of Directors in session.
The Invocation was given by Director Benafield.
Director Bussey was enrolled.
To begin the meeting Director Benafield presented Directors
Milton and Prince, whose terms expire December 31, 1988, with
Resolutions of appreciation, as follows:
Resolution No. 8,071, entitled:
A RESOLUTION COMMENDING THE HONORABLE TOM MILTON, CITY DIRECTOR,
FOR DEDICATED SERVICE TO THE CITIZENS OF THE CITY OF LITTLE ROCK,
ARKANSAS;
and the Resolution was read in its entirety. A motion was made by
Director Priest and seconded by Director Bussey, that the Resolution
be adopted. A voice vote followed and the Resolution was adopted by
unanimous vote of the Board Members present.
Resolution No. 8,072, with the title being:
A RESOLUTION COMMENDING THE HONORABLE THOMAS A. PRINCE, MAYOR OF
THE CITY OF LITTLE ROCK (1985 -87) FOR HIS DEDICATED SERVICE TO THE
CITIZENS OF THE CITY OF LITTLE ROCK, ARKANSAS;
and there was a complete reading of the Resolution. A motion was made
by Director Milton and seconded by Director Bussey, that the
Resolution be adopted. A voice vote ensued and the Resolution was
adopted by unanimous vote of the Board Members present.
The next presentation was the Consent Agenda consisting of the
following items:
(a) The reading of the Minutes of the previous rescheduled
meeting held December 8, 1988.
(b) A motion to set the date for public hearing on Zoning Appeal
Z -5056, to rezone 2804 Peyton Street, from "R -3" to "C -1" District.
(Hearing date to be January 3, 1989)
(c) Resolution No. 8,073, described as:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE THE ALLEY IN BLOCK 1 OF COX'S SUB. OF
TAYLOR & BODEMAN'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS.
(d) Resolution No. 8,074, containing the following caption:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE A PORTION OF SIBLEY HOLE ROAD IN THE NE
1/4, SW 1/4, SECTION 33, T-1 -N, R -13 -W IN THE CITY OF LITTLE ROCK,
ARKANSAS.
(e) Resolution No. 8,075, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO CONTRACT
WITH METROPOLITAN NATIONAL BANK FOR CITY BANKING SERVICES FOR 1989.
December 20, 1988, Cont'd.
f) Resolution No. 8,076, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD ANNUAL CONTRACTS FOR THE PURCHASE OF AMMUNITION FOR THE
LITTLE ROCK POLICE DEPARTMENT.
(g) Resolution No. 8,077, described as:
A RESOLUTION TO APPROVE A RATE INCREASE FOR NON -
EMERGENCY TRANSFERS CONDUCTED BY THE LITTLE ROCK AMBULANCE AUTHORITY.
(h) Resolution No. 8,078, containing the following caption:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A QUITCLAIM DEED CONVEYING THE RIGHT -OF -WAY EASEMENT ATTACHED
HERETO AS "EXHIBIT A" BACK TO WINROCK DEVELOPMENT COMPANY. (Across
Lot 5, Block 2, Woodcreek Addition, near intersection of Cherrybark &
Rock Creek Parkway.)
(i) Resolution No. 8,079, entitled:
A RESOLUTION EXPRESSING THE INTENT OF THE CITY TO PAY A
PORTION OF THE COSTS RELATED TO THE IMPROVEMENTS OF THE STREETS WITHIN
METROCENTRE IMPROVEMENT DISTRICT NO. 1 OF THE CITY OF LITTLE ROCK,
ARKANSAS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
RELATING THERETO WITH THE METROCENTRE IMPROVEMENT DISTRICT NO. 1 OF
THE CITY OF LITTLE ROCK, ARKANSAS; AND PRESCRIBING MATTERS RELATED
THERETO.
By motion from Director Prince, seconded by Director Benafield, 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 meeting held December 81 1988, were approved as written and
summarized to the members of the Board of Directors; (b) A motion was
adopted to set the date for public hearing on January 3, 1989, to
consider the Zoning Appeal (Z -5056) to rezone 2804 Peyton Street, from
"R -3" to "C -1" District; and (c, d, e, f, g,- h••& i) Resolutions- No.
8,073, 81074, 8,075, 81076, 81077, 8,078 and 8,079 were read in full
and adopted by the following roll call vote: Ayes - Directors
Benafield, Milton, Bussey, Prince, Villines and Priest - total 6;
Noes - None; Absent - Mayor Shackelford - total 1.
Mayor Shackelford was enrolled and presided over the remainder of
the meeting.
At the request of Director Milton, the following Resolution, No.
8,080, that did not appear on the Agenda, was presented with the title
being:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK
' I CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF CECO /WINDSOR DOOR DIVISION,
THE CECO CORPORATION TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE
PROGRAM. (Located at 5800 Scott Hamilton Drive)
and there was a complete reading of the Resolution. A motion was made
by Director Benafield and seconded by Director Prince, that the
Resolution be adopted. A roll call vote was taken and the Resolution
was adopted as follows: Ayes - Directors Benafield, Milton, Bussey,
Mayor Shackelford, Directors Prince, Villines and Priest - total 7;
Noes - None; Absent - None.
At this point in the meeting, Director Prince made the following
statement:
"I would like to say a few words since this is my last
meeting as a member of the Board. I leave with mixed
emotions; I will miss the opportunity to help deal with the
City's concerns and to feel as though I am making a
contribution to society, yet, I will enjoy the opportunity
to devote more time to my family and my profession. I never
intended to make this journey in my life a career.
I hope that in some way I have contributed to the
community that has given me so much in my life. As I look
back, I am reminded of the following accomplishments we have
made over the last 4 years:
167
Us
December 20, 1988, Cont'd.
I
1. DARE
2. 9 -1 -1
3. Street Improvements
4. Arts and Humanities
5. Police Protection
6. Stable Basic Services; i.e. Trash, Water & Sewer
7. City Hall Renovation
8. Conservative Fiscal Management of our Taxpayers
Moneys
Just as I hope I have contributed, I know that I have
taken some things with me: I have become more aware of the
cross - section of people in our community. All too often we
live in our own little worlds without knowing the world
around us. By dealing with the issues with which we have
dealt with the last four years, I have become more aware of
the needs of the poor and underprivileged and minorities. I
have become more aware of the "individual" and his need for-
a voice in government. I have become more aware of the
power of elected office and the potential for unintentional
abuse of elected office and the need for people to have
confidence in their government. I have become more aware of
the need for ethics in government at all levels and for
fiscal discipline, responsibility and accountability in
government. I have become more aware of the power and
influence of the press. I have become more aware of the
'
fact that man must look to God for guidance in making the
decisions, because if not, his own ego will get in his way
and he will .fail and bring communities down with him. I
have taken a lot from this journey, as you can see - much
more than I've expressed.
I will continue to be involved in the community which I
love. I hope we will resist letting Central Arkansas become
the garbage capitol of the world. I admire each of you with
whom I have served and I encourage the two new Board Members
to be open- minded in all matters before them.
Who knows, if the opportunity presents itself and the
timing is right, I may once again try to re -enter this noble
arena called public service.
God Bless all of you, thanks for the experience, and
Merry Christmas."
Mayor Shackelford presented a plaque of appreciation and a newly
designed City of Little Rock Flag to Directors Milton and Prince,
whose terms expire December 31, 1988, and expressed gratitude for
their service to citizens of Little Rock, while serving on the Board.
The last presentation was made by Director Benafield who
presented Mayor Shackelford with a plaque of appreciation for her
,
service as Mayor of Little Rock, for the past two years.
Ordinance No. 15,602 was the next presented, entitled:
AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES LOCATED IN THE 3
MILE EXTRATERRITORIAL ZONING JURISDICTION OF 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;
(2-5097 - Deltic's Sites 102 and 103 to "MF -60; Site 105 /Chenal
Mountain Parkway to "C -2 "; Site 117 /Chenal Mountain Parkway to "MF -6 ";
Site 119 /Chenal Mountain Parkway to "MP -120; Site 119- A/Chenal
Mountain Parkway to "MF -6"; Site 120 /Chenal Mountain Parkway to "C -2 ";
Site 140 /Chenal Mountain Parkway to "C -2 "; Site 141 to "0-2" and Site
143 /Arkansas State Highway No. 10 to "MF -18" Districts, without
conditions.)
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Benafield, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Priest, seconded by Director
'
December 20, 1988, Cont'd.
Benafield, and unanimously adopted by members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect. The Ordinance was read the
third and last time, and there was an Aye and No Vote taken on the
question, Shall the Ordinance Pass, with the results recorded as
follows: Ayes - Directors Benafield, Milton, Bussey, Mayor
Shackelford, Directors Prince, Villines and Priest - total 7; Noes -
None; Absent - None. Mayor Shackelford then announced that the
Ordinance had PASSED.
Introduced next was Ordinance No. 15,603, with the title being:
AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES LOCATED IN THE 3
MILE EXTRATERRITORIAL ZONING JURISDICTION OF 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 -5097 - Deltic's Site 142 /Arkansas State Highway No. 10 and Chenal
Mountain Parkway to "C -3 "; Site 144 /Arkansas State Highway No. 10 and
Chenal Mountain Parkway to "C -30, and Site 116 / Chenal Mountain Parkway
to "O -2" Districts, subject to conditions.)
with the Ordinance being read the first time. A motion followed
' whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Benafield, and unanimously adopted by members of the Board of
Directors present, being seven 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 Priest
and seconded by Director Benafield, 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 the members of the Board
of Directors present, being seven in number and two - thirds or more of
the members of the Board of Directors - elect; whereupon, there was a
third and last reading of the Ordinance. The passage of the Ordinance
was then submitted to an Aye and No Vote which resulted as follows:
Directors Benafield, Milton, Bussey, Mayor Shackelford, Directors
Prince, Villines and Priest - total 7; Noes - None; Absent - None.
The Ordinance was then declared PASSED.
The following rezoning application was presented at this time, as
approved by the Planning Commission:
Z -5113 - From Danny Ashley for Larry and Rita Hope, to rezone
3829 Community Lane (long legal description), from "R -2" Single - family
District to "R -7A" Manufactured Home District. No opposition was
presented to the reclassification; therefore, Ordinance No. 15,604 was
presented, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5113 - 3829 Community Lane from "R -2" to "R -7A" District.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Benafield, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present being seven in
number and two - thirds or more of the members of the Board of
Directors- elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest
and Benafield, respectively, to further suspend the rules and place
the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being seven 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. The aye and
No Vote taken on passage of the Ordinance received the following
response: Ayes - Directors Benafield, Milton, Bussey, Mayor
Shackelford, Directors Prince, Villines and Priest - total 7; Noes -
None; Absent - None. Therefore, the Ordinance was declared PASSED.
169
i `, o
December 20, 1988, Cont'd.
Consideration was then given to Ordinance No. 15,605, containing
the following caption:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A VARIANCE OF LOT WIDTH
AND DEPTH OF PIPE -STEM AND USAGE REQUIREMENTS, AND DECLARING AN
EMERGENCY;
(3808 Lawson Road - Allowing lot frontage of 50 feet; that pipe -stem
lot be utilized; and that depth -to -width ratio on the pipe -stem be
increased to 245 feet.)
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Benafield, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further::suspension . of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Priest, seconded by Director
Benafield, and unanimously adopted by members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect. The Ordinance was read the
third and last time, and there was an Aye and No Vote taken on the
question, Shall the Ordinance Pass, with the response being: Ayes -
,
Directors Benafield, Milton, Bussey, Mayor Shackelford, Directors
Prince, Villines and Priest - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 2 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Benafield, Milton, Bussey, Mayor Shackelford,
Directors Prince, Villines and Priest - total 7; Noes - None; Absent
- None. Mayor Shackelford then announced that the Ordinance, together
with the Emergency Section, had PASSED.
Ordinance No. 15,606 was next presented, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED GENERIC PHARMACY SHORT -FORM PCD (Z-
5109) 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 -5109 - All of Lot 9, Blankenship Re- Subdivision of Block 8,
Glendale Addition - 4316 West Markham Street.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Benafield, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
,
followed by a subsequent motion made and seconded by Directors Priest
and Benafield, respectively, to further suspend the rules and place
the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present being seven 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Directors Benafield, Milton,
Bussey, Mayor Shackelford, Directors Prince, Villines and Priest -
total 7; Noes - None; Absent - None. The Ordinance was then
declared PASSED.
Ordinance No. 15,607 was then considered, described as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING AN AMENDED PCD DISTRICT TITLED STORAGE WORLD AMENDED PCD
(Z -5111) 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 -5111 - 3.852 acres located in the SE 1/4, NW 1/4 of Section 2, T -1-
N, R -13 -w, at 8500 Cunningham Lake Road in the City of Little Rock.)
with the Ordinance being read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
,
1! 1
L.-
December 20, 1988, Cont' d.
Director Benafield, and unanimously adopted by members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect. A second reading of the
Ordinance followed, with a motion being made by Director Priest,
seconded by Director Benafield, to further suspend the rules and place
the Ordinance on third and final reading. With the motion having been
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect, the Ordinance was read the third and last
time. The resulting Aye and No Vote taken on passage of the Ordinance
is herein recorded as follows: Ayes - Directors Benafield, Milton,
Bussey, Mayor Shackelford, Directors Prince, Villines and Priest -
total 7; Noes - None; Absent - None. It was then announced that the
Ordinance had PASSED.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Benafield, Milton, Bussey, Mayor Shackelford,
Directors Prince, Villines and Priest - total 7; Noes - None; Absent
- None. Whereupon, the Ordinance together with the Emergency Section,
was declared PASSED.
Ordinance No. 15,609 was presented, entitled:
AN ORDINANCE CONDEMNING CERTAIN STRUCTURES IN THE CITY OF LITTLE
' I 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;
with the Ordinance being read the first time, followed by a motion
from Director Priest for suspension of the rules and the placing of
the Ordinance on second reading. The motion was seconded by Director
Benafield and unanimously adopted by members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect. A second reading of the Ordinance
followed, with a motion being made by Director Priest and seconded by
Director Benafield, to suspend the rules and place the Ordinance on
third and final reading. With the motion having been unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, the Ordinance was read the third and last time. The
resulting Aye and No Vote taken on passage of the Ordinance received
the following response: Ayes - Directors Benafield, Milton, Bussey,
Mayor Shackelford, Directors Prince, Villines and Priest - total 7;
Noes - None; Absent - None .
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Benafield, Milton, Bussey, Mayor Shackelford,
Directors Prince, Villines and Priest - total 7; Noes - None; Absent
- None. Mayor Shackelford announced that the Ordinance, together with
1 11111 the Emergency Section, had PASSED.
The next presentation was Ordinance No. 15,608, with the title
being:
AN ORDINANCE CONDEMNING CERTAIN STRUCTURES IN THE CITY OF LITTLE
ROCK AS STRUCTURAL FIRE AND HEALTH HAZARDS; DIRECTING THE CITY
ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID
STRUCTURES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
and after a first reading of the Ordinance, there was a motion by
'
Director Priest, seconded by Director Benafield, to suspend the rules
the Ordinance on second reading. The motion was unanimously
and place
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued. A
subsequent motion was then made by Director Priest, seconded by
Director Benafield, to suspend the rules and place the Ordinance on
third and final reading. The motion was unanimously adopted by
members of the Board of Directors present being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
There was a third and final reading of the Ordinance after which an
Aye and No Vote was taken on passage of the Ordinance and resulted as
follows: Ayes - Directors Benafield, Milton, Bussey, Mayor
Shackelford, Directors Prince, Villines and Priest - total 7; .Noes -
None; Absent - None.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Benafield, Milton, Bussey, Mayor Shackelford,
Directors Prince, Villines and Priest - total 7; Noes - None; Absent
- None. Whereupon, the Ordinance together with the Emergency Section,
was declared PASSED.
Ordinance No. 15,609 was presented, entitled:
AN ORDINANCE CONDEMNING CERTAIN STRUCTURES IN THE CITY OF LITTLE
' I 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;
with the Ordinance being read the first time, followed by a motion
from Director Priest for suspension of the rules and the placing of
the Ordinance on second reading. The motion was seconded by Director
Benafield and unanimously adopted by members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect. A second reading of the Ordinance
followed, with a motion being made by Director Priest and seconded by
Director Benafield, to suspend the rules and place the Ordinance on
third and final reading. With the motion having been unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, the Ordinance was read the third and last time. The
resulting Aye and No Vote taken on passage of the Ordinance received
the following response: Ayes - Directors Benafield, Milton, Bussey,
Mayor Shackelford, Directors Prince, Villines and Priest - total 7;
Noes - None; Absent - None .
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Benafield, Milton, Bussey, Mayor Shackelford,
Directors Prince, Villines and Priest - total 7; Noes - None; Absent
- None. Mayor Shackelford announced that the Ordinance, together with
1 11111 the Emergency Section, had PASSED.
1 "l2
I
December 20, 1988, Cont'd.
I
1
The next presentation was Ordinance No. 15,610, containing the
following heading:
AN ORDINANCE DECLARING THAT THE CITY OF LITTLE ROCK, ARKANSAS,
DOES NOT DESIRE TO BE SUBJECT TO THE PROVISIONS OF ACT 600 OF 1987:
THE "ARKANSAS UNDERGROUND FACILITIES DAMAGES PREVENTION ACT ", AND FOR
OTHER PURPOSES;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Benafield, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or ;more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion again made and seconded by Directors
Priest and Benafield, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being seven 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Directors Benafield, Milton,
Bussey, Mayor Shackelford, Directors Prince, Villines and Priest -
total 7; Noes - None; Absent - None. Therefore, the Ordinance was
declared PASSED.
'
Consideration was then given to Ordinance No. 15,611, with the
title being:
AN ORDINANCE TO AMEND ORDINANCE NO. 14,062, AS AMENDED BY
ORDINANCE NO. 15,301, TO PROVIDE FOR A PHYSICIAN MEMBER OF THE LITTLE
ROCK AMBULANCE AUTHORITY, DECLARING AN EMERGENCY, AND FOR OTHER
PURPOSES;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Benafield, and unanimously adopted by members of the Board of
Directors present, being seven 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 ensusing motion again made by Director
Priest and seconded by Director Benafield, 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 the members of the Board
of Directors present, being seven in number and two- thirds or more of
the members of the Board of Directors - elect. There was a third and
last reading of the Ordinance followed by an Aye and No Vote taken on
passage of the Ordinance with the results recorded as.follows: Ayes -
Directors Benafield, Milton, Bussey, Mayor Shackelford, Directors
Prince, Villines and Priest - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 2 of the foregoing
'
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Benafield, Milton, Bussey, Mayor Shackelford,
Directors Prince, Villines and Priest - total 7; Noes - None; Absent
- None. Whereupon, the Ordinance together with the Emergency Section,
was declared PASSED.
Director Prince was excused.
A proposed Ordinance was the next presentation, described as:
AN ORDINANCE AMENDING ORDINANCE NO. 14,621 (OWEN SHORT FORM PCD),
APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PCD DISTRICT
TITLED GRAY AND ALFORD SHORT -FORM PCD (Z -5110) 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 -5110 - 2.223 acres located on the south side of Baseline Road, 1/2
block west of Dailey Drive.)
and the proposed Ordinance was read the first time. Mr. Gary Gray,
one of the developers, displayed a sketch and briefly summarized the
proposed development which includes a carwash, a laundry and a
laundrymat. He stated there had been some revisions to the plan
indicating heavier screening against the mobile ;homes on the east, a
greater setback and landscaping along Baseline Road, and elimination
of an office building. Upon question by Director Bussey, Mr. Gray
,
December 20 1988, Cont'd.
said he could not eliminate the carwash. The Planning Commission had
approved the proposal after the revisions because the site is in an
area of transition due to the widening of Baseline Road to four lanes,
and a PCD was previously approved for the subject property and the
adjoining tract to the east. Mr. Gary Greeson, Director of
Comprehensive Planning, explained the Staff's recommended denial of
the PCD as being inappropriate to the plan area which calls for office
usage. Director Priest stated she was opposed to the development
basically for two reasons: one being her concern for the integrity of
Baseline Road and the neighborhood that's around it; she could live
with the laundrymat, but not the carwash; and her concern with the
precedent that it would set with commercial development being 500 feet
deep into the area. There was a motion by Director Villines, seconded
by Director Bussey, to suspend the rules and place the Ordinance on
second reading. 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. There was a second
reading of the Ordinance, followed by a subsequent motion made and
seconded by Directors Villines and Hussey, respectively, to further
suspend the rules and place the Ordinance on third and final reading.
The motion received unanimous adoption by the Board Members present,
being six 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. The Aye and No Vote taken on passage of the Ordinance
received the following response: Ayes - Directors Benafield and
Milton - total 2; Noes - Director Hussey, Mayor Shackelford,
Directors Villines and Priest - total 4; Absent - Director Prince -
total 1. Mayor Shackelford then announced that the Ordinance had
FAILED TO PASS.
A public hearing had been scheduled for this time and place to
hear an appeal filed by Mr. Floyd Miller, of the Planning Commission's
approval of a Special Use Permit for a daycare at 8801 Fairhaven Road.
Ms. Peggy Houser, 8801 Fairhaven Road, the applicant, stated this was
her only means of employment, pointing out that she could only have
seven children. Ms. Carol Fuller, 8805 Fairhaven Road, said she would
prefer that Ms. Houser be licensed and regulated and that she is very
good with children. Mr. Floyd Miller, 8802 Fairhaven Road, spoke in
strong opposition saying there would be increased traffic problems,
business in the neighborhood is prohibited, and that property values
will decrease. Mr. Gary Greeson, Director of Comprehensive Planning,
advised that under State Law, Ms. Houser can only take care of seven
children. Director Benafield then made a motion, seconded by Director
Milton, that "the Ordinance state the daycare family home at 8801
Fairhaven Road is restricted to a maximum of seven (7) children under
the approved Special Use Permit." The motion was unanimously adopted
by the Board Members present, there was no further discussion, and
Ordinance No. 15,612 was presented, entitled:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR PROPERTY LOCATED
AT 8801 FAIRHAVEN ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, APPROVING
A DAYCARE FAMILY HOME IN THE "R -2" DISTRICT; AND FOR OTHER PURPOSES;
(Lot 9, Block 3, Pennbrook Subdivision)
with there being a first reading of the Ordinance. The rules were
then suspended to permit the second reading by motion from Director
Benafield, seconded by Director Bussey, and by unanimous vote of the
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.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Benafield, again seconded by Director Bussey, that
the rules be further suspended and the Ordinance be placed on third
and final reading. 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; whereupon, the
Ordinance was then read the third and last time. An Aye and No Vote
was taken on passage of the Ordinance which resulted as herein
recorded: Ayes - Directors Benafield, Milton, Bussey, Mayor
Shackelford, Directors Villines and Priest - total 6; Noes - None;
Absent - Director Prince - total 1. The Ordinance was then declared
PASSED.
A public hearing had been scheduled by Resolution No. 8,059, and
notice thereof duly published on December 13, 1988 and December 20,
1988, on the petition filed by Van Melson, et al, to vacate and close
the alley lying between 33rd and 34th Streets in Block 171, John
Barrow Addition to the City of Little Rock, which was approved by the
x'73
1'74
December 20, 1988, Cont'd.
Planning Commission. 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 Pulaski County Title Company stating
the last apparent owners to abutting property. Mayor Shackelford
declared the public hearing open and with no one present to oppose the
alley closure, the public hearing was declared closed and Ordinance
No. 15,613 was presented, with the title being:
AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 171 OF JOHN
BARROW ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
and after a first reading of the Ordinance, there was a motion by
Director Bussey, seconded by Director Priest, to suspend the rules and
place the Ordinance on second reading. 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, and the second reading of the Ordinance ensued. A
subsequent motion was made by Director Bussey to further suspend the
rules and place the Ordinance on third and final reading, which motion
was again seconded by Director Priest, and adopted by unanimous vote
of the 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.
There was a third and last reading of the Ordinance after which an Aye
and No Vote was taken on passage of the Ordinance with the response
being: Ayes - Directors Benafield, Milton, Bussey, Mayor Shackelford,
I
Directors Villines and Priest - total 6; Noes - None; Absent -
Director Prince - total 1. Whereupon, the Ordinance was declared
PASSED.
Ordinance No. 15,614 was the next presentation, entitled:
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF LITTLE ROCK
AND THE CITY OF SHANNON HILLS AND SHANNON HILLS WATER, SEWER AND FIRE
PROTECTION IMPROVEMENT DISTRICT NO. 3 FOR THE TREATMENT OF SEWAGE;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Benafield, to suspend the rules
and place the Ordinance on second reading. 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, and the second reading of the Ordinance ensued. A
subsequent motion was made by Director Priest to further suspend.the
rules and place the Ordinance on third and final reading, which motion
was again seconded by Director Benafield, and adopted by unanimous
vote of the 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. There was a third and last reading of the Ordinance
after which an Aye and No Vote taken on passage of the Ordinance is
recorded as follows: Ayes - Directors Benafield, Milton, Bussey,
Mayor Shackelford, Directors Villines and Priest - total 6; Noes -
None; Absent - Director Prince - total 1. The Ordinance was then
declared PASSED.
At 7:00 o'clock P. M., Mayor Shackelford announced there would be
a two minute recess.
When the Board of Directors reconvened at 7:02 o'clock P. M.,
Mayor Shackelford presided and the following Directors answered roll
call: Directors Priest, Benafield, Milton, Bussey and Villines -
total 5; Absent - Director Prince - total 1.
A proposed Resolution entitled, "A RESOLUTION TO EXPRESS THE
INTENT OF THE CITY OF LITTLE ROCK TO ZONE THE LITTLE ROCK PLANNING
AREA IN PHASES ", and
A proposed Ordinance entitled, "AN ORDINANCE ADOPTING THE
NORTHWEST EXTRATERRITORIAL LAND USE PLAN, COVERING THE AREA OUTSIDE
THE CITY LIMITS WEST TO THE PLANNING BOUNDARY AND NORTH OF KANIS ROAD
TO THE ARKANSAS RIVER ";
was placed on the Agenda for consideration. - Fifteen persons had
signed cards to speak in opposition to the issues. Mayor Shackelford
announced that public discussion would be limited to ten minutes
because several Directors had to leave early. The group wishing to
speak was strongly opposed to limited discussion. Responding to Mr.
Dan Kroha, an attorney, Mayor Shackelford said "this is not a new
issue - we feel we have had plenty of discussion on it." The Board of
Directors then decided to defer the two matters and advised those who
'
Viii
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I
r1l
December 20, 1988, Cont'd.
I
had planned to speak that they would be notified of a rescheduled
meeting. There was no further discussion and action on the Resolution
and Ordinance was deferred.
At the time allotted for Citizen Communications, Ms. Maria
Garvin, 1812 North Jackson Street, Ms. Mildred Ranakis, 1800 North
Jackson Street, and Ms. Catherine Bellingrath, 1804 North Jackson
Street, again complained to the Board of Directors about flooding in
their block. They stated the alley needs to be cleaned out and asked
that something "concrete" be done to alleviate the problem.
There being no further business to be presented, Mayor
Shackelford announced that the meeting was adjourned sine die at 7:15
o'clock P. M.
ATTEST: C�'_ i APPROVED.
City Clerk Jane Czech Mayor Lottie Shackelford
i1 %�� /1 n it i1 ,1 i� 11 4
1.'75
Board of Directors Chamber
Little Rock, Arkansas
January 3, 1989 - 6:00 P. M.
The Seventeenth Board of Directors of the City of Little Rock,
Arkansas, convened under the Statutes of the State of Arkansas, for
the purpose of organizing the new Board of Directors with the terms of
newly elected Directors beginning January 1, 1989. (Oaths were
administered and filed with the City Clerk December 18, 1988.) The
following Directors and Directors -elect were present: Director Sharon
Priest, Position No. 1; Director J. W. Benafield, Position No. 2;
Director -elect Cyril Hollingsworth, Position No. 3; Director Charles
Bussey, Position No. 4; Director -elect Lottie L. Shackelford,
Position No. 5; Director -elect Dalton James "Jim" Dailey, Jr.,
Position No. 6; and Director -elect F. G. "Buddy" Villines, Position
No. 7; Absent - None.
With a quorum being present, the first order of business was to
appoint a temporary Chairman. Director Shackelford was appointed by
the other Board Members to serve as temporary Chairman.
Chairman Shackelford referred to her two -year tenure as Mayor as
a wonderful experience stating that she had enjoyed serving the City;
adding, "public service is a very humbling experience and these two
years have made me, hopefully, even a more humble person." She
recognized Former Director Tom Prince, and the City Manager and City
Clerk of Maumelle, who were present.
It was stated by the Chairman that the next order of business in
the organization of the new Board should be the election of Mayor,
from the membership of the Board of Directors; and that nominations
would be in order at this time. Director -elect Dailey who declared
his candidacy as a popularly elected mayor, before the Arkansas
Supreme Court invalidated that selection process, advised that he
realized before the meeting that he did not have the four of seven
votes necessary to win the mayorship and therefore, in the spirit of
unity, moved that Director Villines be elected Mayor by acclamation.
The motion was seconded by Director Bussey, and Director Villines was
elected Mayor by acclamation, for the years 1989 and 1990, with a
vote of 7 ayes and 0 noes. The Chairman then presented the gavel to
Mayor Villines who presided over the remainder of the meeting.
The election of Vice Mayor then proceeded with Director Benafield
making a motion that Director Sharon Priest be elected Vice Mayor.
The motion was seconded by Mayor Villines and there were no other
nominations. The unanimous voice vote of seven ayes then elected
Director Priest as Vice Mayor for the years 1989 and 1990.
There were no other matters to come before the meeting and Mayor
Villines announced at 6:20 o'clock P. M. that the meeting would be
adjourned, and the Board of Directors would meet in regular session
immediately following this organizational meeting.
ATTEST
City Clerl
4—CL/
Jane Czech
APPROVED: lV4 ) VsQ.w.il. ,i
Mayor Floyd G. Villines, III
L
F7
L__J
Board of Directors Chamber
Little Rock, Arkansas
January 3, 1989 - 6:25 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session, following the organizational meeting with Mayor
Villines presiding. City Clerk Jane Czech was present and called the
roll with the following Directors in attendance: Vice Mayor /Director
Priest, Directors Benafield, Hollingsworth, Bussey, Shackelford and
Dailey - total 6; Absent - None.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Vice Mayor /Director Priest.
The first matter to be considered was the Consent Agenda
consisting of the following items:
(a) The reading of the Minutes of the previous meeting held
December 20, 1988.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of November, 1988.
(c) Resolution No. 8,081, entitled:
A RESOLUTION PROVIDING FOR THE INSTALLATION OF FIRE
HYDRANTS WITHIN THE CITY OF LITTLE ROCK FOR THE YEAR 1989; AND FOR
OTHER PURPOSES.
(d) Resolution No. 8,082, with the title being:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF KEMMONS WILSON
COMPANY TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM.
(Wilson Inn located at 4499 Roosevelt Road)
(e) Resolution No. 8,083, described as:
A RESOLUTION AUTHORIZING THE JOB TRAINING PARTNERSHIP
ACT DEPARTMENT TO EXPEND $221,364.06 OF TITLE IIA CARRY -OVER FUNDS AND
$132,319.77 INCENTIVE MONIES FOR VARIOUS PROGRAMS.
(f) Resolution No. 8,084, containing the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF ALUMINUM SIGN BLANKS FOR
THE DEPARTMENT OF PUBLIC WORKS; AND PATROL AND UNMARKED VEHICLES FOR
THE POLICE DEPARTMENT.
(g) Resolution No. 8,085, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH HEAVRIN CONSTRUCTION COMPANY OF LITTLE ROCK FOR
$38,650 TO RELOCATE 12, 16 AND 8 INCH WATER LINES FOR THE TAYLOR LOOP,
1987 BOND PROJECT. ($38,650)
By a motion from Director Benafield, seconded by Director Bussey,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held December 20, 1988, were approved as written and
summarized 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 November, 1988, was received and filed;
and (c, d, e, f & g) Resolutions No. 8,081, 8,082, 8,083, 8,084 and
8,085, were read in full and adopted by the following roll call vote:
Directors Priest, Benafield, Hollingsworth, Bussey, Shackelford,
Dailey and Mayor Villines - total 7; Noes - None; Absent - None.
177
1i's
January 3, 1989, Cont'd.
At the time allotted for Citizen Communications, Mr. Arthur
Cross, 919 Booker Street, who is a member of ACORN, was the first to
address the Board. He cited the need for repairs to alleys in low and
moderate income neighborhoods, and asked for assistance to accomplish
the improvements. Mayor Villines requested that Mr. Cross provide the
City Manager with a list of the alley locations for review, who will
advise the Board Members of the action he has taken.
Ms. Johnnie Pugh, 2500 South Booker Street, Chairperson for the
Woodrow Street Property Owners Group, advised the need for
improvements to neighborhood streets. Mayor Villines stated that this
matter could be discussed at the Board's next Agenda Meeting.
Ms. Mary Harrison, 1816 North Jackson Street, read a prepared
statement regarding the flooding conditions in the 1800 block of North
Jackson. She said they were promised something would be done in two
weeks and nothing has been done in four weeks. City Manager Tom
Dalton advised the review of the conditions has been completed and
work will begin January 11, 19891 with the completion date at the end
of January, at a cost of $6,000 to $10,000. He said the City will be
enlarging the line and number of inlets of the existing drains, which
will do a great deal to correct flooding in that area. Ms. Marie
Garvin, 1812 North Jackson Street, also complained about the flooding,
saying she would be buying a new furnace and air conditioning unit
which is not covered by insurance. Upon question by Director
Benafield, Mr. Dalton said, "we believe it won't completely wipe out
the problem, but will lessen the chance of serious flooding and
decrease the number of times flooding will appear in the area."
Ordinance No. 15,615 was the next presentation, with the title
being:
AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR HOME OCCUPATIONS IN
MULTIFAMILY DISTRICTS AND FOR OTHER PURPOSES;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Benafield, seconded by
Director Priest, and unanimously adopted by members of the Board of
Directors present, being seven 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 again made by Director
Benafield and seconded by Director Bussey, 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 the members of the Board
of Directors present, being seven in number and two- thirds or more of
the members of the Board of Directors - elect. There was a third and
last reading of the Ordinance followed by an Aye and No Vote taken on
the passage of the Ordinance with the response being: Ayes -
Directors Priest, Benafield, Hollingsworth, Bussey, Shackelford,
Dailey and Mayor Villines - total 7; Noes - None; Absent - None.
The Ordinance was then declared PASSED.
Consideration was then given to Ordinance No. 15,616, containing
the following caption:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A PROCEDURAL CHANGE IN
PRELIMINARY PLAT REVIEW;
with the Ordinance being read the first time. In a brief period of
comments, Director Hollingsworth suggested that the last sentence in
Subsection f, of Section 1. be amended to read, "Failure to obtain a
properly executed Preliminary, Plat within the specified time shall
invalidate Preliminary Plat approval." A motion then followed by
Director Benafield, seconded by Director Bussey, to amend the Section
as stated by Director Hollingsworth. The motion was unanimously
adopted by the Board Members present. A subsequent motion was then
made by Director Benafield, seconded by Director Priest, to suspend
the rules and place the Ordinance, as amended, on second reading. The
motion was unanimously adopted by members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors-elect. There was a second reading of the
Ordinance, as amended, followed by a motion made and seconded by
Directors Benafield and Bussey, respectively, to further suspend the
rules and place the Ordinance, as amended, on third and final reading.
The motion received unanimous adoption by the Board Members present,
1
�I
January 3, 1989, Cont'd.
being seven 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, as amended, ensued. The question, Shall the Ordinance as
amended Pass, was submitted to an Aye and No Vote, which is recorded
as follows: Ayes - Directors Priest, Benafield, Hollingsworth,
Hussey, Shackelford, Dailey and Mayor Villines - total 7; Noes -
None; Absent - None. The Ordinance, as amended, was then declared
PASSED.
Ordinance No. 15,617 was the next presentation, described as:
AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR MODIFICATION OF THE HEIGHT
AND AREA PROVISIONS OF SECTION 36 -156;
and the Ordinance was read the first time. A motion followed whereby
the rules were suspended to allow for the second reading of the
Ordinance. The motion was made by Director Benafield, seconded by
Director Priest, and unanimously adopted by members of the Board of
Directors present, being seven 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
Benafield and seconded by Director Hussey, 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 the members of the Board
of Directors present, being seven in number and two- thirds or more of
the members of the Board of Directors - elect; whereupon, there was a
third and last reading of the Ordinance. The passage of the Ordinance
was then submitted to an Aye and No Vote which received the following
response: Ayes - Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford, Dailey and Mayor Villines - total 7; Noes - None;
Absent - None. Whereupon, the Ordinance was declared PASSED.
A public hearing had been scheduled for this time and place to
consider Zoning Appeal Z -5056, filed by Mr. Al Porter to rezone 2804
Peyton Street, from "R -3" Single - family to "C -1" Neighborhood
Commercial District, for the purpose of operating a food store. Mayor
Villines declared the public hearing open and Mr. Porter was the only
person to speak. He explained his reason for requesting the zoning
change was to help the neighborhood children by providing food, games,
cold drinks and keeping them off the streets. Director Bussey felt
the matter should be deferred for two weeks, while Director
Shackelford said she was sensitive to the need for recreation for
teenagers, but a delay would not answer her concerns regarding
commercial zoning at that location. Director Hussey then asked Mr.
Porter to visit with Mr. Gary Greeson, Director of Comprehensive
Planning and try to work something out other than commercial use. Mr.
Greeson was then asked to try to resolve the matter. There was no
further discussion, Mayor Villines declared the public hearing closed,
and the proposed Ordinance was not presented.
A public hearing and Ordinance to regulate adult entertainment
businesses in the City of Little Rock had been placed on the Agenda.
However, prior to the Board Meeting, the matter was deferred for two
weeks and NO ACTION WAS TAKEN.
Consideration was then given to Ordinance No. 15,618, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PRD DISTRICT TITLED McCRARY SHORT -FORM PRD (Z -5108) 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;
(All of Lot 1, Block 313, Original City - 1401 Pulaski Street)
and after a first reading of the Ordinance, there was a motion by
Director Benafield, seconded by Director Priest, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion again made and seconded by Directors
Benafield and Priest, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present being seven in number and two -
thirds or more of the members of the Board of Directors - elect, and the
third and last reading of the Ordinance ensued. A discussion followed
in which Mayor Villines asked Mr. McCrary what his intent was as to
179
180
January 3, 1989, Cont'd.
I
research and development as stated in materials filed with the
Planning Commission for the PRD. Mr. McCrary replied, "that is
probably a misunderstanding - my intent is to restore the property -
restore and live in the property." Mayor Villines said, "we were told
that the research would involve the stroller." Mr. McCrary advised
that he has a stroller called the Tag -a -long Stroller, which is a
hobby; adding, the research is completed and the building will not be
used for that. Upon request by Board Members, Mr. Nathaniel Hill,
Director of Human and General services, presented and read the bid
proposal submitted by Mr. McCrary for the purchase of the property.
It stated the facility would be utilized in the following manner: (1)
office; (2) development and duplication of specialty item called Tag -
a -long, a type of stroller for young children and handicapped people
and Mr. Hill said, "as far as we know this was his intent to utilize
the property." Mr. McCrary responded that this was the original
proposal, but that he had talked to Mr. Wood of the Department of
Comprehensive Planning and Mr. Buster Riley, Real Estate Officer, and
in research, found it could only be used as a residence. With
reference to the Ordinance, it was noted that the change reflects from
"C -3" General Commercial District to "PRD" Planned Residential
District and is conditioned upon obtaining a final plan approval
within the time specified by Article VII, Section 36 of the Code of
Ordinances. There was no further discussion and an Aye and No Vote
was taken on passage of the Ordinance which is recorded as follows:
Ayes - Directors Priest, Benafield, Hollingsworth, Shackelford, Dailey
'
and Mayor Villines - total 6; Noes - None; Abstentions - Director
Bussey - total 1; Absent - None. It was then announced that the
Ordinance had PASSED.
A public hearing had been scheduled by Resolution No. 8,073, and
notice thereof duly published on December 27, 1988 and January 31
1989, on the petition from William V. Mathis, to vacate and close the
10' E/W alley between Garfield Street and University Avenue in Block
1, Cox's Sub of Taylor & Bodeman's Subdivision to the City of Little
Rock, as approved by the Planning Commission. Attached to the
petition was a certified copy of said addition on file in the Pulaski
County Circuit Clerk's Office, and a letter from Little Rock Abstract
Company listing the last apparent owners of record to abutting
property. Mayor Villines then declared the public hearing open and
with no one present who wished to speak in opposition to the proposed
closing, the hearing was declared closed and Ordinance No. 15,619 was
presented, described as:
AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 1 OF COX'S
SUBDIVISION OF TAYLOR & BODEMAN'S SUBDIVISION OF THE CITY OF LITTLE
ROCK, ARKANSAS;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Shackelford, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. There was a second reading of the
Ordinance, followed by a subsequent motion made and seconded by
Directors Priest and Benafield, respectively, to further suspend the
rules and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board Members present being seven
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. An Aye and No Vote was taken on the question, Shall the
Ordinance Pass, with the response being: Ayes - Directors Priest,
Benafield, Hollingsworth, Bussey, Shackelford, Dailey and Mayor
Villines - total 7; Noes - None; Absent - None. It was then
announced that the Ordinance had PASSED.
Resolution No. 8,074 adopted December 20, 1988, scheduled a
public hearing on the petition from Sylvia Smith for Birnam Wood
Nurseries, to vacate and close a portion of Sibley Hole Road
approximately 850' north of Fourche Creek and parallel to I -430, in
the City of Little Rock. Notice of public hearing was duly published
on December 27, 1988 and January 3, 1989. Attached to the petition
was a certification from the Pulaski County Circuit Clerk, stating
there is no record of the subject property having ever been platted
and added into a subdivision or having been named a subdivision; and a
letter from Little Rock Abstract Company listing the last apparent
owners of record to abutting property. Mayor Villines then declared
the public hearing open and with no one present who wished to speak in
opposition to the proposed closing, the public hearing was closed and
'
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January 3, 1989, Cont'd.
Ordinance No. 15,620 was presented, with the title being:
AN ORDINANCE VACATING AND CLOSING A PORTION OF SIBLEY HOLE ROAD
IN THE NE 1/4, SW 1/4, SECTION 33, T -1 -N, R -13 -W OF THE CITY OF LITTLE
ROCK, ARKANSAS;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Shackelford, and unanimously adopted by members of the Board
of Directors present, being seven 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 again made by
Director Priest and seconded by Director Benafield, 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 the members of
the Board of Directors present, being seven in number and two - thirds
or more of the members of the Board of Directors - elect. There was a
third and last reading of the Ordinance followed by an Aye and No Vote
taken on the passage of the Ordinance with the results recorded as
follows: Ayes - Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford, Dailey and Mayor Villines - total 7; Noes - None;
Absent - None. The Ordinance was then declared PASSED.
' An Ordinance to accept the annexation of 2,180 acres in Chenal
Valley, owned by Deltic Farm & Timber Company, Inc., and an Ordinance
authorizing the extension of water and sewer mains to Chenal Valley
had been placed on the Agenda for consideration, but it was announced
that the two Ordinances had been deferred for two weeks; therefore, NO
I ACTION WAS TAKEN.
Resolution No. 8,086 was introduced, containing the following
caption:
A RESOLUTION APPROVING FISCAL POLICIES FOR THE CITY OF LITTLE
ROCK, ARKANSAS;
(Establishing financial management guidelines)
and there was a complete reading of the Resolution. A motion was made
by Director Priest and seconded by Director Benafield, that the
Resolution be adopted. A roll call vote was taken and the Resolution
was adopted as follows: Ayes - Directors Priest, Benafield,
Hollingsworth, Bussey, Shackelford, Dailey and Mayor Villines - total
7; Noes - None; Absent - None.
The last matter to be considered was Ordinance No. 15,621,
entitled:
AN ORDINANCE RENEWING TAXICAB OPERATOR PERMITS FROM JANUARY 1,
1989 TO DECEMBER 31, 1991;
(Capitol Cab Company, Black & White Cab Company, Elria Hooks and
Thomas Houston)
and after a first reading of the Ordinance, there was a motion by
Director Shackelford, seconded by Director Priest, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect, and the second reading of the Ordinance
ensued. A subsequent motion was made by Director Shackelford to
further suspend the rules and place the Ordinance on third and final
reading, which motion was again seconded by Director Priest, and
adopted by unanimous vote of the members of the Board of Directors -
elect. There was a third and last reading of the Ordinance after
which an Aye and No Vote was taken on passage of the Ordinance with
the response being: Ayes - Directors Priest, Benafield,
Hollingsworth, Bussey, Shackelford, Dailey and Mayor Villines - total
7; Noes - None; Absent - None. Whereupon, the Ordinance was
declared PASSED.
181
182
January 3, 1989, Cont'd.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 7:15 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, January 17,
1989 at 6:00 o'clock P. M.
ATTEST: 3e-� City Clerk Jane Czech
APPROVED: x�%��
Mayor Floy G. Villines, III
J
1
Board of Directors Chamber
Little Rock, Arkansas
January 9, 1989 - 2:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in Special Session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth, Bussey and Dailey - total
5; Absent - Director Shackelford - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session and announced the purpose of the meeting was to
consider a proposed lease agreement with prospective purchasers of the
Excelsior Hotel. The Notice of the Special Meeting was filed with the
City Clerk.
To begin the meeting City Manager Tom Dalton made a presentation
on the changes to the Construct and Lease Agreement of the Excelsior
Hotel. Many of the changes involved acknowledgment that construction
had been completed and that the Developer had fulfilled obligations
concerning promotion of the hotel, payment for fixtures, etc.
Director Benafield asked for clarification as to whether Doyle Rogers
has paid everything he owed the City. City Manager Tom Dalton stated
that as of today's meeting date, he is paid in full. One major change
was the elimination of the requirement to construct a 300 space
parking deck. It was noted that this had been completed. The new
owner will accept the contracts providing for additional parking from
Pulaski County. A second major change involved an increase in the
amount of base rent the City would receive. This increase was
substantial and would amount in over $8,500,000 additional revenue
over the life of the lease. The third major change was the
elimination of participation rent. This change was noted as a trade
off for the increase in base rent, and that no one anticipated that
the City would actually receive any money under the existing
participation formula. A fourth major change was in the financibility
section. The new language was to accommodate the new owner's ability
to mortgage the property. While some impediments to the City's right
to enter the property were created, the City's interests in having the
contract fulfilled were still maintained as well as possible.
Director Hollingsworth asked if there were any guarantees under the
new agreement that the doors would stay open in the event of default.
Attorney Hal Kemp, representing the Advertising and Promotion
Commission, noted that there was not, but that even the existing
agreement did not give that guarantee. Mayor Villines and Director
Priest commended the negotiating attorneys on the sale of the
Excelsior and welcomed the new developer to the City. Following the
discussion, Resolution No. 8,087 was presented, entitled:
A RESOLUTION AUTHORIZING A SECOND AMENDMENT TO THE CONSTRUCT AND
LEASE AGREEMENT FOR A CIVIC - CONVENTION HOTEL CENTER DATED APRIL 17,
1979, AND AUTHORIZED BY RESOLUTION NO. 6,116 OF THE BOARD OF DIRECTORS
ADOPTED APRIL 3, 1979, AND AMENDED BY A FIRST AMENDMENT TO THE
CONSTRUCT AND LEASE AGREEMENT DATED AUGUST 21, 1980, AND AUTHORIZED BY
RESOLUTION NO. 6,396 OF THE BOARD OF DIRECTORS ADOPTED AUGUST 51 1980;
AND PRESCRIBING OTHER MATTER RELATED THERETO;
(Between the City of Little Rock and M. S. Green - Little Rock
Corporation, an Arkansas Corporation.)
with the Resolution being read in its entirety. A motion was made by
Director Priest and seconded by Director Bussey, that the Resolution
be adopted. A roll call vote was taken on the adoption of the
Resolution with the response being: Ayes - Directors Priest,
Benafield, Hollingsworth, Hussey, Dailey and Mayor Villines - total 6;
Noes - None; Absent - Director Shackelford - total 1.
183
18,_J
January 9, 1989, Cont'd.
There being no further business to be presented, Mayor Villines
declared the Special Meeting adjourned at 3:30 o'clock P. M., with the
Board of Directors to convene in regular session on Tuesday, January
17, 1989 at 6:00 o'clock P. M.
ATTEST: 44u —(?nv APPROVED:
City Clerk — Jane Czech Mayor Floyd G. Villines, III
1
r
Board of Directors Chamber
Little Rock, Arkansas
January 17, 1989 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Hollingsworth, Bussey, Shackelford and Dailey -
total 5; Absent - Director Benafield - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Mayor Villines in the absence of
Director Benafield.
The first matter to be considered was the Consent Agenda,
consisting of the following items:
(a) The reading of the Minutes of the previous meeting held
January 31 1989.
(b) The Audit Report of Oakland - Fraternal Cemetery ending
October 31, 1988.
(c) A motion granting an extension for a Planned Industrial
Development entitled "Boat House Marina PID" (Z- 4331), located on the
north side of Cantrell at Worthen Bayou, east end of Capital
Warehouses. (Planning Commission and Staff recommended approval for a
period of one year.)
(d) The Resolution accepting bids and awarding various contracts
was removed from the Consent Agenda and considered separately.
(e) The Resolution accepting bids and authorizing the City
Manager to award a contract for an addition to Fire Station No. 10,
located at Kavanaugh and Harrison Streets, was removed from the Agenda
prior to the Board Meeting.
By a motion from Director Dailey, seconded by Director Priest, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held January 3, 1989, were approved as written and
summarized to the members of the Board of Directors; (b) The Audit
Report of Oakland - Fraternal Cemetery ending October 31, 1988, was
received and filed; (c) Motion was made and adopted to extend the
Planned Industrial Development entitled "Boat House Marina PID" (2-
4331), for a period of one year; (d) Resolution accepting bids and
awarding contracts was removed from the Consent Agenda; and (e)
Resolution accepting bids and awarding a contract for an addition to
Fire Station No. 10 was removed from the Agenda prior to the Board
Meeting.
At this point in the meeting Mr. Grainger Williams, representing
the Ottenheimer Brothers (Gus & Leonard) Trust, presented a check to
the City in the amount of $7,400.00 from the Ottenheimer Foundation,
for the use and benefit of the Parks and Recreation Department to be
used for the purchase of mats for the gym and to install a roof over a
patio at Ottenheimer Park. The Ottenheimer Brothers developed the
Cloverdale Subdivision and dedicated the land for the park named in
their honor. Director Dailey presented a Little Rock T -Shirt and
Certificate of Appreciation to Mr. Williams, and on behalf of the
Board of Directors and citizens of Little Rock, expressed appreciation
for the gift.
Police Chief Louie Caudell introduced Mr. David W. Smith and
applauded his courage in apprehending a robber on December 19, 1988 at
7:20 P. M., at Southwest City Mall. A woman was robbed of her purse
and Mr. Smith disarmed and subdued the robber and assisted the Police
in his apprehension. Director Dailey also presented Mr. Smith with a
Little Rock T -Shirt and Certificate of Appeciation and commented that
it not only took courage, but caring, to do what Mr. Smith did.
No one was present to speak at the time allotted for Citizen
Communications.
1
January 17, 1989, Cont'd.
Director Benafield was enrolled.
Resolution No. 8,088 was next presented, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD THE ANNUAL CONTRACT FOR THE PURCHASE OF TIRES; THREE TRIPLE
COMBINATION PUMPER TRUCKS FOR THE FIRE DEPARTMENT AND REFUSE BODIES
AND CHASSIS FOR THE DEPARTMENT OF PUBLIC WORKS;
and there was a complete reading of the Resolution. City Manager Tom
Dalton recapped the bidding process on the purchase of the refuse
bodies and chassis. He explained the recommended bid of Bucy in the
amount of $62,894.99 is not the lowest, but is most responsive. Mr.
Fred Bucy of Rector, Arkansas, spoke in support of his bid and
appreciated the City's procedure of inviting all bidders to a meeting
for review of the specifications prior to bidding. Mr. Loy Rose
representing Pak -Mor, spoke in defense of his bid. Mr. Earl Paul,
Assistant City Manager, said the City's refuse fleet units must now be
used for up to 12 years. This is four years above industry standard.
In order to reduce downtime and life -cycle costs, new specifications
were developed in 1987 by Fleet Services and Sanitation. He concluded
by saying, "we feel that enforcement of these standards is critical to
the long term economics of fleet maintenance." There was no further
discussion and a motion followed from Director Benafield, seconded by
Director Dailey, that the Resolution be adopted. A roll call vote was
taken with the results being recorded as follows: Ayes - Mayor
Villines, Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford and Dailey - total 7; Noes - None; Absent - None.
Resolution No. 8,089 was the next matter to be considered, with
the title being:
A RESOLUTION EXPRESSING THE INTENT OF THE BOARD OF DIRECTORS
SUPPORTING OF THE ARKANSAS MUNICIPAL LEAGUE POSITION ON THE PROPOSED
DISTRIBUTION FORMULA FOR THE SEVEN CENT INCREASE IN GASOLINE TAXES;
and the Resolution was read in its entirety. Director Priest urged
the Board Members to support the Resolution because the current method
of distribution of the gasoline tax provides for a pro -rata share to
go to Arkansas' cities and counties. She said if this increase in
gasoline tax passes, "we want our share." Director Priest then moved
that the Resolution be adopted. The motion was seconded by Director
Bussey, and adopted by the following roll call vote: Ayes - Mayor
Villines, Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford and Dailey - total 7; Noes - None; Absent - None.
Resolution No. 8,090 was introduced and contained the following
title:
A RESOLUTION APPROVING POLICIES FOR DEVELOPMENT IN THE HIGHWAY 10
AND ROCK CREEK CORRIDORS AND AUTHORIZING THEIR IMPLEMENTATION;
'
(There were two options to be considered with the Resolution. Option
A approves the policies recommended in the report of the Department of
Comprehensive Planning entitled, "Policies for Development in the
Highway 10 and Rock Creek Corridors ", dated September 1, 1988. Option
B approves the policies recommended in the report entitled, "Policies
for Development in the Highway 10 and Rock Creek Corridors ", dated
September 1, 1988, as amended to include provisions relating to
commercial zoning in Transition Zones.)
and there was a full reading of the Resolution. A large group of
residents in the area were present to address the issue. Ms. Mindy
Green, 14519 Cantrell Road, spoke in favor of Option B. Mr. Gene
Pfeifer, 16300 Cantrell Road, told the Board he opposes both Options A
and B. He expressed opposition to commercial node expansion until
there is a need for it; adding, unwarranted expansion will result in
strip zoning. Mr. Larry Grace, 4 Butterfly Place, supported Option A,
but did not speak after signing a card. Mr. David Jones, 26 Colony
Road, stated the Highway 10 Plan shows three commercial nodes. He
felt a change is needed in the Plan and said, "it's an A+ for the
City; it's inevitable; and in the best interest of the City." Mr. D.
B. Hill, 111, 14623 Shepard Drive, said his concern was in the wisdom
of changing the Highway 10 Plan. He said the Plan was only adopted
three years ago and should be given a chance to work. In closing, he
wanted the Plan left in tact. Mr. Dennis Smith who lives at 4005
Montgomery Road south of Taylor Loop Road, said the Plan hasn't been
given a chance and asked how the City feels. Director Hollingsworth
'
January 17, 1989, Cont'd.
L
Ordinance No. 15,622 was presented, entitled:
AN ORDINANCE REPEALING ORDINANCE NO. 14,894 AND REVOKING A
PORTION OF A "PRD" DISTRICT TITLED ALDERSGATE /KANIS APARTMENTS LONG -
FORM "PRD" (2-4403) IN THE CITY OF LITTLE ROCK, ARKANSAS;
(Located at 1500 Aldersgate Road, filed by John P. McKay, Jr. for A.
J. Saucier, to reclassify from "PRD" to "0-3" General Office District,
approved by the Planning Commission December 13, 1988.)
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Benafield, seconded by
Director Dailey, and unanimously adopted by members of the Board of
Directors present, being seven 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 Dailey
and seconded by Director Benafield, 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 the members of the Board
of Directors present, being seven in number and two- thirds or more of
the members of the Board of Directors - elect, and there was a third and
last reading of the Ordinance. The passage of the Ordinance was then
submitted to an Aye and No Vote which resulted as follows: Ayes -
Mayor Villines, Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford and Dailey - total 7; Noes - None; Absent - None.
Therefore, the Ordinance was declared PASSED.
Zoning Application Z -5092 filed by Tom Cole for Cantrell Loop
Partnership II, to rezone 14,800 Cantrell Road, a /k /a the East 158.4'
of the NE 1/4, NW 1/4, lying north of the north R -O -W line of Arkansas
State Highway #10, from "R -2" Single - family District to "C -3" General
Commercial District, was next presented. The Planning Commission
approved the application on December 13, 1988 and Ordinance No. 15,623
was presented, with the title being:
advised Mr. Smith that the City Staff recommends Option A. Attorney
Wendell L. Griffen, representing a group opposing the proposal said an
Ordinance was passed in 1986 adopting the Highway 10 Plan and that
Plan does not need tampering with. He further commented that neither
Option A or B is needed and suggested Option C - the Highway 10 Plan.
Mr. Rick Russell, 6 Westchester Court, was in total agreement with the
Plan adopted in 1986. He urged the Board to give the Plan a chance.
Mr. Kelton Brown, Jr., developer of the Westchester Subdivision
started the development with the Highway 10 Plan in place. He asked
the Board Members to change their thoughts about changing the Plan.
Mr. Jack Larrison, 4701 Westchester Drive, voiced opposition to any
change in the Plan. Mr. John V. Schlereth, 337 North Ridge Road, a
member of the Planning Commission, explained commercial zoning in the
Transition Zones and said too much emphasis is placed on use, and more
I
thought should be given to development criteria. At this point,
Director Priest said she wanted to see quality development all over
the City and not just in one or two areas. Discussion followed among
Board Members in which Director Hollingsworth indicated he needed more
time and information. Director Dailey had no objection to delay, but
said he was prepared to vote. A motion then followed from Director
Hollingsworth that •Section 2.c.(2) of the Policies for Development
Report entitled 'Allow Commercial Development with Higher Standards',
be delayed for a period of two weeks with the request that Staff take
into consideration some of the concerns heard here tonight, and also
that the Staff be available to concerned citizens to explain some of
the developments along the lines that Mr. Jones and others have talked
about in connection with the traffic out there, and that we consider
it again in two weeks." The motion was seconded by Director Bussey
and unanimously adopted by voice vote of the Board Members present.
The paragraph was then deleted from the Policies for Development
Report and a motion was made by Director Benafield that the Resolution
approving policies for development in the Highway 10 and Rock Creek
Corridors recommended by the Department of Comprehensive Planning,
with the exception of Paragraph 2.c.(2) of the Report, be adopted.
The motion was seconded by Director Dailey and the roll call vote
received the following response: Ayes - Mayor Villines, Directors
Priest, Benafield, Hollingsworth, Bussey, Shackelford and Dailey -
total 7; Noes - None; Absent - None. The Resolution was adopted
with Options A and B for Paragraph 2.c.(2) of the Policies for
Development to be considered in other Resolutions at the next Board
Meeting on February 7, 1989.
Ordinance No. 15,622 was presented, entitled:
AN ORDINANCE REPEALING ORDINANCE NO. 14,894 AND REVOKING A
PORTION OF A "PRD" DISTRICT TITLED ALDERSGATE /KANIS APARTMENTS LONG -
FORM "PRD" (2-4403) IN THE CITY OF LITTLE ROCK, ARKANSAS;
(Located at 1500 Aldersgate Road, filed by John P. McKay, Jr. for A.
J. Saucier, to reclassify from "PRD" to "0-3" General Office District,
approved by the Planning Commission December 13, 1988.)
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Benafield, seconded by
Director Dailey, and unanimously adopted by members of the Board of
Directors present, being seven 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 Dailey
and seconded by Director Benafield, 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 the members of the Board
of Directors present, being seven in number and two- thirds or more of
the members of the Board of Directors - elect, and there was a third and
last reading of the Ordinance. The passage of the Ordinance was then
submitted to an Aye and No Vote which resulted as follows: Ayes -
Mayor Villines, Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford and Dailey - total 7; Noes - None; Absent - None.
Therefore, the Ordinance was declared PASSED.
Zoning Application Z -5092 filed by Tom Cole for Cantrell Loop
Partnership II, to rezone 14,800 Cantrell Road, a /k /a the East 158.4'
of the NE 1/4, NW 1/4, lying north of the north R -O -W line of Arkansas
State Highway #10, from "R -2" Single - family District to "C -3" General
Commercial District, was next presented. The Planning Commission
approved the application on December 13, 1988 and Ordinance No. 15,623
was presented, with the title being:
January 17, 1989, Cont'd.
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 -5092 - To rezone 14,800 Cantrell Road, from •R -2' Single - family to
"C -3" General Commercial District.)
with the Ordinance being read the first time, followed by a motion
from Director Benafield to suspend the rules and place the Ordinance
on second reading. The motion was seconded by Director Dailey and
adopted by unanimous vote of the Board Members present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Dailey and
Benafield, respectively, and unanimously adopted by the Board Members
present, being seven 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, there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Mayor Villines, Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford and Dailey - total 7; Noes - None; Absent - None. The
Ordinance was then declared PASSED.
Zoning Application Z -5104 from H. G. Sisco for .Ryder Truck
Rental, Inc. for Lequetia Overton, was introduced next. The
,
application to rezone 3023 Cumberland Street, from "R -3" Single - family
to "i -2" Light Industrial District, was approved by the Planning
Commission on December 13, 1988. No opposition to the rezoning was
presented and Ordinance No. 15,624 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;
(Z -5104 - To rezone 3023 Cumberland Street, from "R -3' Single - family
to "I -2" Light Industrial District.)
and after a first reading of the Ordinance, there was a motion by
Director Benafield, seconded by Director Dailey, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Dailey and
Benafield, respectively, to suspend the rules and place the Ordinance
on third and final reading. The motion received unanimous adoption by
the Board Members present, being seven 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. The Aye and No Vote taken on
passage of the Ordinance received the following response: Ayes -
'
Mayor Villines, Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford and Dailey - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
The next presentation was Zoning Application Z -5115, filed by
Edward Culin. The application requested the reclassification of
11,209 I -30 (long legal description), from "R -2" Single - family
District to "I -2" Light Industrial District. The Planning Commission
approved the zoning change on December 13, 1988. No one opposed the
reclassification and Ordinance No. 15,625 was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5115 - To rezone 11,209 I -30, from 'R -2" Single - family to 'I -2"
Light Industrial District.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Benafield and seconded by Director Dailey, which was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors- elect. Upon second reading of the Ordinance there
was a subsequent motion by Director Dailey that the rules again be
suspended and the Ordinance be placed on third and final reading.
,
r
1
January 17, 1989, Cont'd.
Director Benafield seconded the motion which was adopted by unanimous
vote of the members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Mayor Villines, Directors
Priest, Benafield, Hollingsworth, Hussey, Shackelford and Dailey -
total 7; Noes - None; Absent - None. The Ordinance was then
declared PASSED.
Consideration was then given to Zoning Application Z -5125 filed
by William V. Richards, Agent for the Serenity House, Inc. and Shelter
Mutual Insurance Company of Columbia, Missouri, to rezone 2801 West
Roosevelt Road (long legal description) in the City of Little Rock,
from "I -2" Light Industrial District to "0 -3" General Office District.
The application was approved by the Planning Commission on January 2,
1989. No opposition was pressented to the rezoning and Ordinance No.
15,626 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 -5125 - To rezone 2801 West Roosevelt Road, from 'I -2' Light
Industrial District to "0-3' General Office District.)
with the Ordinance being read the first time, after which there was a
motion by Director Benafield for suspension of the rules and the
placing of the Ordinance on second reading. The motion was seconded
by Director Dailey, and unanimously adopted by members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect. A second reading of the
Ordinance followed, with a motion being made by Director Dailey,
seconded by Director Benafield, to further suspend the rules and place
the Ordinance on third and final reading. With the motion having been
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect, the Ordinance was read the third and last
time. The resulting Aye and No Vote taken on passage of the Ordinance
is herein recorded as follows: Ayes - Mayor Villines, Directors
Priest, Benafield, Hollingsworth, Bussey, Shackelford and Dailey -
total 7; Noes - None; Absent - None. Mayor Villines then announced
that the Ordinance had PASSED.
The next presentation was Zoning Application Z -5121 to rezone
0.78 acres located on Rock Creek Parkway at Old Town Road, from "0-3"
Office District to "C -1" Neighborhood Commercial District. The
application was filed by Mr. Maury Mitchell for Parkway Properties,
Ltd. I, and received approval by the Planning Commission on December
13, 1988. No opposition was presented to the reclassification and
Ordinance No. 15,627 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 -5121 - To rezone 0.78 acres on Rock Creek Parkway at Old Town Road,
from "O -3. Office to "C -1' Neighborhood Commercial District.)
and there was a first reading of the Ordinance. Mr. Maury Mitchell of
the Danny Thomas Company, representing the property owners, was
present and prepared to make a presentation. The Planning Commission
had approved the reclassification with the Staff recommending denial.
There were no problems among Board Members and a motion followed from
Director Priest, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance followed. A
subsequent motion was again made by Director Priest to further suspend
the rules and place the Ordinance on third and final reading, which
motion was seconded by Director Hussey, and adopted by unanimous vote
of the members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a third and last reading of the Ordinance,
189
I190
January 17, 1989, Cont'd.
after which an Aye and No Vote was taken on passage of the Ordinance
and resulted as follows: Ayes - Mayor Villines, Directors Priest,
Benafield, Hollingsworth, Hussey, Shackelford and Dailey - total 7;
Noes - None; Absent - None. It was then announced that the Ordinance
had PASSED.
The last Zoning Application Z- 5079 -A to be considered was filed
by Mr. Van Melson to rezone Lots 7, 8 & 9, Block 151 of John Barrow
Addition located at the SE corner of John Barrow Road and West 34th
Street, from "R -3" Single - family District to "C -3" General Commercial
District, as approved by the Planning Commission on December 13, 1988.
No opposition was presented to the request and Ordinance No. 15,628
was presented, containing the following caption:
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- 5079 -A - To rezone the S/E Corner of John Barrow Road and West 34th
Street, from "R -3" Single - family to "C -3' General Commercial
District.)
with there being a first reading of the Ordinance. Mr. John Burnett
of Rector - Phillips- Morse, representing the owner of the property, was
present and upon question by Mayor Villines, Mr. Burnett said there is
,
no specific project plan for the property at this time. Mayor
Villines' concern was the abutting residential property to the east
and Mr. Burnett displayed a map depicting the zoning in the area
showing "C -3" General Commercial, some Church, and some variance or
non - conforming uses. Director Hollingsworth asked Mr. Burnett if "C-
2" Shopping Center zoning would hamper the request and he replied that
it would because it is under the same ownership as the other part of
the parcel which is already zoned "C -3 ". Following Mr. Burnett's
explanation a motion was made by Director Benafield, seconded by
Director Priest, to suspend the rules and place the Ordinance on
second reading. The motion was unanimously adopted by members of the
Board of Directors present, being seven in number and two- thirds or
more of the members of the Board of Directors - elect. There was a
second reading of the Ordinance, followed by a subsequent motion made
and seconded by Directors Benafield and Dailey, respectively, to
further suspend the rules and place the Ordinance on third and final
reading. The motion received unanimous adoption by the Board Members
present, being seven 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. The question, Shall the Ordinance Pass, was
submitted to an Aye and No Vote, which received the following
response: Ayes - Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Bussey, Shackelford and Dailey - total 7; Noes - None;
Absent - None. The Ordinance was then declared PASSED.
At 7:45 o'clock P. M., Mayor Villines declared there would be a
fifteen minute recess.
'
When the Board of Directors reconvened at 8:00 o'clock P. M.,
Mayor Villines presided and the following Directors answered roll
call: Directors Priest, Benafield, Hollingsworth, Bussey, Shackelford
and Dailey - total 6; Absent - None.
A public hearing had been scheduled for this time and place to
consider an Ordinance to regulate the location of sexually oriented
businesses in the City of Little Rock. Mayor Villines declared the
public hearing open and Mr. Mark Abernathy, owner of Juanita's
Restaurant at 1300 Main Street, was the first to speak in support of
the Ordinance saying, "we need this type of Ordinance to set the
climate for this type of business." Ms. Wilandra S. Dean, a member of
the Pulaski County Quorum Court, commended the Board for considering
an Ordinance for this type of control. Mr. J. J. Lacey, Jr. of the
Little Rock School District, read a prepared statement from Dr. George
D. Cannon, Superintendent of the Little Rock Schools, applauding the
Board of Directors for considering the Ordinance. (The statement was
filed with the City Clerk.) Others speaking in support of the
Ordinance were: Mary Jane McDonald, 3923 West 26th Street; Mr. Phil
Wyrick, 11001 Alexander Road, representing the Southwest Business and
Merchants Association; and Mr. Bill Nebling, 4410 West 30th Street.
There was no further discussion, the public hearing was declared
closed and Ordinance No. 15,629 was presented, described as:
II
—
C�
January 17, 1989, Cont'd.
AN ORDINANCE REGULATING THE LOCATION OF SEXUALLY ORIENTED
BUSINESSES;
and the Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Dailey, seconded by
Director Priest, and unanimously adopted by members of the Board of
Directors present, being seven 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 again made by Directors
Dailey, again seconded by Director Priest, 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 the members of the Board
of Directors present, being seven in number and two- thirds or more of
the members of the Board of Directors - elect, and there was a third and
last reading of the Ordinance. The passage of the Ordinance was then
submitted to an Aye and No Vote which resulted as follows: Ayes -
Mayor Villines, Directors Priest, Benafield, Hollingsworth, Hussey,
Shackelford and Dailey - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 15,630, containing
the following caption:
AN ORDINANCE AMENDING CERTAIN SECTIONS OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK;
(Amending Chapter 32 entitled 'Traffic*, and Chapter 20 entitled
"Nuisances ".)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Hussey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest
and Hussey, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being seven 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 followed. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Mayor Villines, Directors Priest, Benafield, Hollingsworth,
Hussey, Shackelford and Dailey - total 7; Noes - None; Absent -
None. The Ordinance was then declared PASSED.
A two -hour discussion followed regarding the annexation of 2,180
acres to the City of Little Rock, owned by the Deltic Farm and Timber
Company, Inc., and located west of Shackleford Road. Attorney John
Walker, representing a group of black parents who intervened in the
Pulaski- countywide school desegregation case, asked the Board to again
defer the matter (it was deferred at the January 3, 1989 Board
Meeting). Mr. Walker said his clients want to be a part of the
solution and not the problem. He stated the matter involves the
future of the City of Little Rock perhaps more so than any other
issue, and it holds the prospect of having allowed, unless this City
is careful, the development of two cities. He asked the Board to
delay action again arguing that the Board has not given enough
consideration to other issues closely related to annexation, including
fair housing and demographics; adding," Little Rock is becoming two
cities, with affluent white residents on one side and poor blacks on
the other." It was Mr. Walker's opinion that the City and Deltic
representatives should develop long -range plans on how the area will
be used and that information should be shared with the community at
large, and said he had only recently become aware of the project.
Upon question by Director Dailey, City Manager Tom Dalton advised that
the proposal with Deltic Farm & Timber Company had been going on for
two to three years. Director Dailey felt the policy issues raised by
Mr. Walker could be addressed without holding one developer hostage.
Director Bussey said for the record, "Deltic did not come to see me ",
and he didn't know about it. Representative Erma Hunter Brown, 1920
Summit Avenue, said "John has put it very well this evening - I
recommend and support delay on anything that will impact negatively on
the City of Little Rock." Representative Bill Walker, 1701 West 20th
Street, said he had no knowledge of the project and asked the Board to
allow time to determine what impact this will have on the community.
Mr. Odies Wilson, 3944 Wood Dale Drive, in Southwest Little Rock,
1 °1
102
January 17, 1989, Cont'd.
asked the Board to delay action and strongly supported Mr. Walker's
statement that we are fastly becoming two cities. Mr. W. Douglas
Williford, 15723 Kanis Road, said his concerns has to do with water
and sewer lines. He said the sewer line is going down the middle of
his property. Mayor Villines asked Mr. Dalton for comments and he
explained that "on January 3, 1989, the Ordinance and Resolution were
first presented to the Board for consideration and they represent
thousands of hours of Staff time, hundreds of hours of Commission and
Board time, in terms of over the past three years of reviewing the
Plans and it's unfair to say that the Plans are nebulous, in fact, the
Plans are very specific as to zoning and land use and what we expect
from developers. After the deferral, a meeting was held and two
issues were discussed. Mr. Walter Paulson, Attorney for the Little
Rock School District, was concerned about the question of annexation
or where the land that was to be dedicated for public education was to
go - to the County School System or to the Little Rock School System.
Mr. Walker raised the larger question - the question that's also been
raised this evening - the question of fair housing and how, we as a
City, address the demographics of development and what our position is
as it relates to location of low- income housing throughout various
developments of the City. At that meeting and over the next two
weeks, the question of schools was addressed. We did not mean to give
Mr. Walker the indication however, that we would attempt to address
the question of housing during that two -week period because it is
amazingly complex, it represents a change certainly in our philosophy
as to how we review development. We just simply haven't raised that
question, at least since I've been here, and I know for years prior to
that, we haven't raised the question of fair housing as it relates to
schools, as it relates to requiring the question of low- income
housing. I'm not debating the question of whether we should, in fact,
I think we have raised some interesting points for us to look at in
the future - immediately. I do think however, that there is strong
argument for our continuing at least, this phase of the annexation
since Deltic has followed the process along with us every step of the
way, and to stop this part of the annexation now, I think would be
unfair." Director Shackelford commented that "I've known about this
since Day One and we have made a ten -year commitment of $175,000
annually on the road. I'm not certain stopping annexation at this
point accomplishes what we want." Director Benafield stated for the
record that he has not been in any private meetings, and this has been
discussed publicly. At this point, Director Hussey moved, seconded by
Director Shackelford, "that Mayor Villines, Directors Hollingsworth
and Shackelford meet with Attorney Walker to discuss and work out some
of Mr. Walker's concerns." Director Priest suggested acting on the
annexation tonight and have a moratorium to deal with Mr. Walker's
concerns. Mr. Walter Paulson, Attorney for the Little Rock School
District, commented that the development of a Plan that includes
demographics is needed in the future, and that he had been instructed
to try to work with Deltic and the County District. In closing he
said, "we do not object to the annexation before you." Mr. Sam Jones,
Attorney for the Pulaski County School District, had no problem with
this annexation.
At 10:07 o'clock P. M., Mayor Villines declared a five minute
recess and when the Board reconvened at 10:15 o'clock P. M., Mayor
Villines presided with the following Directors answering roll call:
Directors Priest, Benafield, Hollingsworth, Hussey, Shackelford and
Dailey - total 6; Absent - None.
The discussion on the 2,018 acres to be annexed continued and Mr.
Harold Monzingo, 200 Peach Street, E1 Dorado, Arkansas, of Deltic Farm
& Timber Company, said his company is dedicated to quality. "We don't
build houses, but we are for fair housing. We want to make the best
use of our land." In answer to a question from Director Benafield,
Mr. Monzingo said there is just under 7,000 acres contiguous to the
City. Director Hollingsworth told Mr. Monzingo that he sees this as
an opportunity for both Deltic and the City. Mayor Villines stated
that out of this discussion, the Board is also saying it will look at
other issues - "we are going to start it almost immediately."
Director Hollingsworth said people in the community are going to have
to talk to each other; adding, "I think of this as going forward in
growth." At this point, Directors Bussey and Shackelford withdrew the
motion and second for the meeting with Board Members and Mr. Walker.
Mayor Villines then asked that Ordinance No. 15,631 be read entitled:
J
J
t
1
�I
January 17, 1989, Cont'd.
AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE
CITY OF LITTLE ROCK, ARKANSAS;
(Chenal Valley Annexation - 2,018 acres owned by Deltic Farm 6 Timber
Company, Inc.)
and the Ordinance was read the first time. A motion was made by
Director Benafield that the rules be suspended and the Ordinance be
placed on second reading. The motion was seconded by Director
Shackelford and unanimously adopted by the Board Members present being
seven in number and two - thirds or more of the members of the Board of
Directors - elect. The Ordinance was read the second time and Director
Benafield moved, seconded by Director Dailey, that the rules be
further suspended to permit the third and final reading of the
Ordinance. The motion was unanimously adopted by the Board Members
present being seven in number and two- thirds or more of the members of
the Board of Directors - elect. The third and final reading of the
Ordinance then followed and a roll call vote was taken on the
question, Shall the Ordinance Pass, with the response being: Ayes -
Mayor Villines, Directors Priest, Benafield, Hollingsworth,
Shackelford and Dailey - total 6; Noes - None; Abstentions -
Director Hussey - total 1; Absent - None. The Ordinance was then
declared PASSED.
Resolution No. 8,091 was next presented, with the title being:
A RESOLUTION AUTHORIZING THE EXTENSION OF WATER AND SEWER MAINS
TO THE CHENAL VALLEY IMPROVEMENT DISTRICT;
and the Resolution was read in its entirety. A motion was made by
Director Dailey and seconded by Director Priest, that the Resolution
be adopted. A roll call vote followed and the Resolution was adopted
as herein recorded: Ayes - Mayor Villines, Directors Priest,
Benafield, Hollingsworth, Hussey, Shackelford and Dailey - total 7;
Noes - None; Absent - None.
At this point, Mayor Villines requested that two Resolutions be
considered setting dates for public hearings to consider Ordinances
vacating several streets and alleys north of Cantrell Road on
Riverside Drive, and that this meeting be recessed in order for the
Ordinances to be considered in a reconvened meeting on Wednesday,
February 1, 1989, prior to the Board's regular agenda session.
Resolution No. 8,092 was introduced, described as:
A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO
VACATE AND CLOSE RIVERSIDE DRIVE BETWEEN HIGH STREET AND CANTRELL ROAD
AND THE ALLEYS IN BLOCK 22, STILLMAN & BUCHANAN ADDITION AND BLOCK 23,
RIVERSIDE PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; (Public
Hearing date to be February 1, 1989)
and there was a complete reading of the Resolution.
by Director Priest and seconded by Director
Resolution be adopted. A roll call vote was taken
was adopted as follows: Ayes - Mayor Villines,
Benafield, Hollingsworth, Hussey, Shackelford and
Noes - None; Absent - None.
A motion was made
Dailey, that the
and the Resolution
Directors Priest,
Dailey - total 7;
The next Resolution was numbered 8,093, containing the following
caption:
A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO
VACATE AND CLOSE HIGH STREET BETWEEN CANTRELL AND RIVERSIDE AVENUE IN
STILLMAN & BUCHANAN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
(Public Hearing date to be February 1, 1989)
and following the complete reading of the Resolution, a motion was
made by Director Priest and seconded by Director Dailey, that the
Resolution be adopted. A roll call vote was taken and the Resolution
was adopted by the following vote: Ayes - Mayor Villines, Directors
Priest, Benafield, Hollingsworth, Bussey, Shackelford and Dailey -
total 7; Noes - None; Absent - None.
At 10:55 o'clock P. M., Mayor Villines announced that the Board
of Directors would recess to executive session in the Board's
Conference Room, for the purpose of considering appointments to
various Boards and Commissions.
°3
194
January 17, 1989, Cont'd.
When the Board of Directors reconvened at 11:10 o'clock P. M.
from executive session, Mayor Villines presided and the following
Directors answered roll call: Directors Priest, Benafield,
Hollingsworth, Bussey, Shackelford and Dailey - total 6; Absent -
None.
The last presentation was Resolution No. 8,094, entitled:
A RESOLUTION MAKING BOARD OF DIRECTOR APPOINTMENTS TO VARIOUS
BOARDS AND COMMISSIONS;
(Advertising & Promotion Commission: Directors Bussey, Dailey and
Shackelford; Downtown Partnership: Directors Dailey, Hollingsworth
and Shackelford; Metroplan: Director Priest; Municipal Judges'
Retirement Board of Trustees: Director Benafield; Pulaski Area
Transportation Policy Committee: Director Priest; Arts & Humanities
Promotion Commission: Directors Benafield and Priest.)
with the Resolution being
Director Benafield and
Resolution be adopted. A
was adopted as follows:
Benafield, Hollingsworth,
Noes - None; Absent - Nor
read in its entirety. A motion was made by
seconded by Director Dailey, that the
roll call vote was taken and the Resolution
Ayes - Mayor Villines, Directors Priest,
Bussey, Shackelford and Dailey - total 7;
e.
There being no further business to be presented, Mayor Villines
declared the Board of Directors in recess at 11:15 o'clock P. M., with
the Board of Directors to reconvene on Wednesday, February 1, 1989 at
1 :30 o'clock P. M., to conduct a.public hearing and consider the
Ordinances vacating streets and alleys north of Cantrell Road on
Riverside Drive.
ATTEST: ax,�P,&APPROVED: 4tol 4 v -
Cit(((y Clerk Jane Czech Mayor Floyd G. Villines, III
F �J
II
1
Board of Directors Chamber
Little Rock, Arkansas
January 27, 1989 - 9:00 A. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in Special Session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth, Shackelford and Dailey -
total 5; Absent - Director Bussey - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session and announced the purpose of the meeting was to
consider the Metropolitan Emergency Medical Service (MEMS), and a
Resolution regarding House Bill #1216. (Notice of the Special Meeting
was filed with the City Clerk.)
To begin the meeting, City Manager Tom Dalton made a presentation
regarding MEMS current cash flow deficiency and provided the Board
with spread sheets depicting "MEMS Cash Flow Projection for 1989 ", as
prepared by Assistant City Manager Earl Paul, and a proposed Ordinance
addressing some of the concerns. Mr. Dalton explained that on Friday
of last week Mr. Paul was contacted by Mr. Mike Kumpuris, Chairman of
I
MEMS Board, who indicated that the MEMS Authority was beginning to
experience some very severe cash flow problems. "As you know, toward
the latter part of last year, this Board approved a rate increase for
the transfer of non - emergency patients between hospitals and various
institutions, from $120.00 to $250.00. It was assumed that kind of
increase, under normal conditions, would have allowed MEMS to no
longer operate at a deficit. But, for the first year which the rate
increase is to take effect, it became obvious of the possibility a
shortfall would occur in the earlier months of the year until we begin
to experience revenues coming in from that increase. Two other
factors added to the immediate concerns that were expressed to Mr.
Paul. This was information that was apparently new to the Chairman and
certainly to Mr. Paul. The two major areas of expenditures that were
adding to that severe cash flow problem were: (1) There was
approximately $190,000 in accounts payable dating back to September of
last year; and (2) We were advised on Friday that we had approximately
$166,000 owed to the IRS. Those two items, along with the on -going
operational costs, and the recognition that there needed to be a
reduction in the line of credit on the loan at First Commercial by
mid -year, begin to point out the seriousness of the cash flow problem.
When they contacted Mr. Paul, he then, for our information, asked for
a cash flow projection for next year. That information was submitted
to him earlier this week. He then spent a couple of days going over
the information with some of the MEMS Staff to try to verify it.
Contacts have also been made with the IRS. There is a signed
agreement between the IRS and the former MEMS Director which indicated
a pay -back over a six -month period." Director Benafield expressing
concerns, stated it was his opinion that "before we could make any
decisions, other than emergency decisions, that an independent audit
needs to be made immediately, so we will know where we are." Looking
at the situation in economic terms, Mr. Dalton evaluated the cost at
$474,000, if the City simply washed its hands of this problem. On top
of that liability, he said the Board would probably want to address
the question of a need to cover outstanding accounts payable, and the
First Commercial Line of Credit, which brings the walk -away costs to
$950,000, not counting the employee close out costs. Mr. Dalton
continued, "given that kind of initial economic review, there was an
incentive on the part of the administration to at least begin looking
at the alternatives of how we could bring the operation back to the
level you would prefer, with certain degrees of control on the part of
the City. We therefore, pursued over the last couple of days, through
Mr. Paul and the MEMS Board, a situation that will increase the City's
control of this operation, which would provide us an opportunity to
review in greater depth the question of whether or not the program
should be a City operation, or whether it can continue as a separate
authority." In response to Director Benafield's request for a cost
analysis comparison of the two, Mr. Dalton advised that he could not
provide the information at this meeting because he could not, with any
great degree of certainty, say that the costs before the Board were
accurate, and that time is needed to review them. He further stated,
'
"in our discussion with the MEMS Board, we indicated that we would be
prepared to recommend to Little Rock's Board of Directors that a line
1:?6
January 27, 1989, Cont'd.
of credit be approved, but only under the condition that the City
position itself in control of the operation, at least for an interim
period of time, so as to: (1) Guarantee that the financial situation
is straightened out; and (2) Conduct the evaluation in two to three
months as to whether or not, the separate authority alternative
continues to be viable. The recommendation that you have before you
today is in the form of an Ordinance, as follows:
That you approve a line of credit for $550,000.00 the
money of which will be taken from the Contingency Reserve
Fund of the City and not out of the Operating Fund. It's
assumed that line of credit will be at 9% which is a fair
figure.
That the City will assume the operational control of
the program until alternatives can be fully evaluated. From
my office, I will designate Mr. Paul to be the individual to
communicate between the operations of the facility and the
Manager's Office.
We will contract with
Murphy, who will be the
during the interim period.
Mayor Villines then
question by Director
he was made aware o:
stated he was gener
problem of some deg
from the large amour
"do we have total 1
responded there are
purchase the fire t.
Director Benafield
contracts at this t
Dalton advised there
Pulaski County, and
our former Finance Director, Jack
actual hands -on Acting Director
.asked for questions from -Board Members. -Upon
Benafield; Mr. Dalton advised that the first time
the tax problem was last Friday - (1- 20 -89). -He
ally aware there would probably be a cash flow
ree, but hadn't realized the magnitude resulting
t of accounts payable. Director Benafield asked,
iability with MEMS ?" City Attorney Mark Stodola
taxes to the IRS and State, money- necessary to
:uck, and certain other operational liabilities."
further questioned, "are there any outstanding
ime that might be on -going with any City ?" Mr.
are service agreements with North Little Rock and
MEMS -Alert contracts. He felt what is needed is
to get into the operation, study it, work at it, and tind out wnat the
total liabilities are. It was Director Benafield's opinion that the
City is assuming the total liability and that a very difficult
decision will have to be made within the next three or four months;
adding, "what we did in good faith has not worked out."
Director Bussey was enrolled at 9:40 A. M.
The discussion continued in which Director Benafield said he was
certainly concerned with this economically and the only way he could
vote for it is that the City has complete and total control. City
Attorney Mark Stodola advised Director Benafield that the Lease
Agreement between the City and the Ambulance Authority provides the -
City authority relative to the equipment that is used, and for us to
take the action suggested by Mr. Dalton. The City Manager further
advised as a part of the analysis of the operation during the interim
period, the City will be looking very closely at the various scenarios
of just the City of Little Rock service, the City of Little Rock and
North Little Rock together, and then lastly a County -Wide operation.
Each will be evaluated and Board Members will have that information
before them, before any final decision is made. Director Shackelford
commented that her observation was that -the Ambulance Authority had
worked very hard. She referred to the time frame and notification of
other parties. Mr. Dalton stated that "after this meeting, we will be
in contact with Judge Venhaus and Mayor Hayes, and an audit will be
immediately conducted for 1988." Director Benafield reiterated that
an audit be conducted immediately. Referring to Director Dailey's
comment that he dislikes City Agencies ever getting behind with
accounts payable, Mr. Dalton advised there is no existing policy in
this regard, but he would review the matter and bring it back to the
Board. Director Hollingsworth said employees of these agencies should
be bonded. Upon question by Director Benafield on how this cash flow
deficiency happened, Mr. David Jones of the Ambulance Authority
explained that on October 4, 1988, he learned that the deficit was
twice what he had been told. He felt the Staff and Management was
trying to run the operation to the best of their ability, but they did
not keep the Board informed of the problems. In making two last
points, Mr. Dalton said the spread sheets provided to the Board are
just projections and it is hoped by November and December they will
become positive, but the administration, -in no way, can guarantee that
will be the case. Secondly, as an obligation under the Bond Issue, we
1
f.
January 27, 1989, Cont'd.
have been required to set aside $380,000.00 as a MEMS Reserve. This
was established in the 1989 Budget. In January, as we all know, we
transferred $120,000.00 of that to Lease - Trustee. At the end of the
year, we will have to make sure the $380,000.00 is fully in place.
Director Priest suggested that on a monthly basis, some of the Staff
provide the Board with a paragraph regarding the various monthly
statements filed by the agencies. She requested a monthly follow -up.
Director Dailey agreed that it would be helpful if a standardized form
could be established to make the various agency reports more
informative. Mr. Jack Murphy advised that all agencies of the City of
Little Rock are audited by CPA firms and had total belief that their
figures are accurate. Mr. Paul gave a complete explanation of the
financial statements and said with Mr. Murphy working in this
capacity, there would be total understanding of whatever is behind
these figures and two things will occur: "we will be knowledgeable of
the finances, and the Ambulance Authority can continue in the interim
to provide good medical service." Director Benafield said, "before I
vote, I want to be sure that the things I have been concerned with,
the things this Board has been concerned with, that everything has
been brought up in its urgency, and if there are any reservations of
any Board Members, please let me hear from you right now. If there is
not, I will assume that the things that we all are concerned about
from an operational standpoint will be put into effect immediately."
Mr. Dalton responded, "it's understood." There was no further
discussion and Ordinance No. 15,632 was presented, entitled:
AN ORDINANCE TO APPROPRIATE UP TO $550,000 FROM THE CITY OF
LITTLE ROCK GENERAL FUND - CONTINGENCY RESERVE FOR USE BY THE CITY OF
LITTLE ROCK FOR THE OPERATION OF THE AMBULANCE AUTHORITY, TO PROVIDE
FOR THE REPAYMENT TO THE CITY OF THESE FUNDS FROM THE REVENUES OF THE
LITTLE ROCK AMBULANCE AUTHORITY, TO PROVIDE FOR A PROCEDURE OF
ACCOUNTABILITY OF THE EXPENDITURE OF THESE FUNDS, DECLARING AN
EMERGENCY AND FOR OTHER PURPOSES;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Shackelford, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors- elect. There was a second reading of the
Ordinance, followed by a motion made and seconded by Directors
Shackelford and Priest, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present being seven 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Directors Priest, Benafield,
Hollingsworth, Bussey, Shackelford, Dailey, and Mayor Villines - total
7; Noes - None; Absent - None.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford, Dailey, and Mayor Villines - total 7; Noes - None;
Absent - None. The Ordinance, together with the Emergency Clause was
then declared PASSED.
The other matter to be considered was Resolution No. 8,095, with
the title being:
A RESOLUTION OF THE BOARD OF DIRECTORS EXPRESSING OPPOSITION TO
PROPOSED LEGISLATION REQUIRING CITIES OF THE FIRST CLASS TO SELL WATER
TO AREAS CONTIGUOUS TO THE MUNICIPALITY;
(Regarding House Bill #1216 - "An Act to provide water service to
areas contiguous to cities. ")
and the Resolution was read in full. Director Benafield requested
that Director Priest, who is a member of the Arkansas Municipal League
Executive Board, contact other Executive Board Members and urge them
to also oppose this Bill. A motion was made by Director Benafield and
seconded by Director Priest, that the Resolution be adopted. A roll
call vote was taken and the Resolution was adopted as follows: Ayes -
Directors Priest, Benafield, Hollingsworth, Bussey, Shackelford,
Dailey and Mayor Villines - total 7; Noes - None; Absent - None.
a_�,w
Jos
January 27, 1989, Cont'd.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 10:24 o'clock A. M., with the Board
of Directors to convene in regular session on Tuesday, February 7,
1989 at 6:00 o'clock P. M.
ATTEST: /j"" C -y APPROVED: ; "ui' .
City Clerk Jane Czech Mayor Floyd G. Villines, III
1
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1
it
Board of Directors Chamber
Little Rock, Arkansas
February 1, 1989 - 1 :30 P. M.
The Board of Directors of the City of Little Rock, Arkansas,
reconvened from the January 17, 1989, regular Board Meeting with Mayor
Floyd G. Villines presiding. Jane Czech, City Clerk, called the roll
with the following Directors present: Directors Priest, Benafield,
Hollingsworth, Bussey, Shackelford and Dailey - total 6; Absent -
None.
With a quorum in attendance, Mayor Villines declared the Board of
Directors in session and stated the purpose of the reconvened meeting
was to conduct public hearings and consider Ordinances to vacate
Riverside Drive, the alleys in Block 22, Stillman & Buchanan Addition,
Block 23, Riverside Park Addition, and High Street between Cantrell
Road and Riverside Avenue.
11111 A public hearing had been scheduled by Resolution No. 8,092 and
notice thereof duly published on January 24, 1989 and January 31,
1989, on the petition from Ron Tabor, Agent for FGS Limited
Partnership, the owner, to vacate and close Riverside Drive between
High Street and Cantrell Road, and the alleys in Block- 22,- Stillman
and Buchanan Addition and Block 23, Riverside Park Addition to the
City of Little Rock, Arkansas, as approved by the Planning Commission.
Attached to the petition was a certified copy of said additions on
file in the Pulaski County Circuit Clerk's Office, and a letter from
Beach Abstract and Guaranty Company listing the last apparent owners
of record to abutting property. Mayor Villines then declared the
public hearing open and with no one present who wished to speak in
opposition to the proposed closing, Mayor Villines declared the public
hearing closed and Ordinance No. 15,633 was presented, entitled:
AN ORDINANCE VACATING AND CLOSING RIVERSIDE DRIVE BETWEEN HIGH
STREET AND CANTRELL ROAD AND THE ALLEYS IN BLOCK 22, STILLMAN &
BUCHANAN ADDITION AND BLOCK 23, RIVERSIDE PARK ADDITION TO THE CITY OF
LITTLE ROCK, ARKANSAS;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Shackelford, seconded
by Director Priest, and unanimously adopted by members of the Board of
Directors present, being seven 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 Priest
and seconded by Director Shackelford, 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 the members of the Board
of Directors present, being seven in number and two- thirds or more of
the members of the Board of Directors - elect. There was a third and
last reading of the Ordinance followed by an Aye and No Vote taken on
passage of the Ordinance with the response being: Ayes - Directors
Priest,- Benafield, Hollingsworth, Bussey, Shackelford, Dailey and
Mayor Villines - total 7; Noes - None; Absent - None. Whereupon the
Ordinance was declared PASSED.
Another public hearing had been scheduled by Resolution No.
8,093, and notice thereof duly published on January 24, 1989 and
January 31, 1989, on the request by Ron Tabor, Agent for FGS Limited
Partnership, and Southland Building Products, Inc., to vacate and
close all that portion of High Street north of Cantrell Road and
intersecting Riverside Avenue. Attached to the petition was a
certified copy of Stillman & Buchanan Addition on file in the Pulaski
County Circuit Clerk's Office, and a letter from Beach Abstract and
Guaranty Company listing the last apparent owners of record to
abutting property. The proposal received approval by the Planning
Commission. Mayor Villines then declared the public hearing open.
Mr. Ron Tabor explained the sale of the property was scheduled to
close February 2, 1989, and a discussion followed regarding access to
Southland Building Products in the event the sale was not finalized.
If that portion of High Street is closed and the sale is not
consummated, then Southland Building Products would have no access;
however it was mentioned that the property sale could not close until
the street is vacated. Closure of the various streets and alleys in
V
200
February 1, 1989, Cont'd.
the Riverside Area is necessary for development of the Dillard
Corporate Offices. Attorney Everette Martin, representing Southland
Building Products, wanted some assurance that if for some reason, sale
of the property fails, then High Street will remain open. Director
Benafield commented that the closure might not be in the best interest
of the Board and moved that, "we substitute a letter saying if and
when the deal is closed, we will then immediately act to pass an
Ordinance to close the street." The motion was seconded by Director
Dailey. Further discussion followed and Directors Benafield and
Dailey withdrew the motion and second as stated above. A subsequent
motion was then made by Director Hollingsworth and seconded by
Director Benafield, that the following Section be included in the
proposed Ordinance: "If for any reason, the sale of the overall tract
in Stillman & Buchanan and Riverside Park Additions, owned by FGS
Limited Partnership, is not closed within seven (7) days from February
1, 1989, then the closure .of..High Street .between .Cantrell and
Riverside Avenue will be revoked." The motion was unanimously adopted
by the Board Members present. (Note: Sale of the subject property
was finalized February 2, 1989, as scheduled, and a letter -from Beach
Abstract, &..Guaranty Company informing that the transaction occurred
within the specified time frame was filed with the City Clerk, and
attached to Ordinance No. 15,634.) There was no further discussion
and Ordinance No. 15,634, which included the additional Section (No.
4) was presented, entitled:
AN ORDINANCE VACATING AND CLOSING HIGH STREET BETWEEN CANTRELL
ROAD AND RIVERSIDE AVENUE IN STILLMAN AND BUCHANAN ADDITION TO THE
CITY OF LITTLE ROCK, ARKANSAS;
and the Ordinance was read the first time. A motion followed whereby
the rules were suspended to allow for the .second reading of the
Ordinance. The motion was made by Director Priest, •seconded by
Director Dailey, and unanimously adopted by members of the Board of
Directors present, being seven 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 Priest
and seconded by Director Shackelford, 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 the members of the Board
of Directors present, being seven in number and two - thirds or more of
the members of the Board of Directors - elect; whereupon, there was a
third and last reading of the Ordinance. The passage of the Ordinance
was then submitted to an Aye and No Vote which received the following
response: Ayes - Directors Priest, Benafield, Hollingsworth,•Bussey,
Shackelford, Dailey and Mayor Villines - total 7; Noes - None;
Absent - -None. The Ordinance was then declared PASSED.
The last matter to be considered was Resolution No. 8,096,
containing the following caption:
A RESOLUTION REGULATING PARTICIPATION ON CITY BOARDS AND
COMMISSIONS;
(Limiting participation to two complete terms of service.)
and there was a complete reading of the Resolution. A motion was made
by Director Priest and seconded by Director Shackelford, that the
Resolution be adopted. A roll call vote adopted the Resolution as
follows: Ayes - Directors Priest, Benafield-,- Hollingsworth, Bussey,
Shackelford, Dailey and Mayor Villines - total 7; Noes - None;
Absent - None.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 2:00 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, February 7,
1989 at 6:00 o'clock P. M.
ATTEST:
C3�'
APPROVED:
City.Clerk
Jane Czech
Mayor
Floyd G. Villines, III
1
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Board of Directors Chamber
Little Rock, Arkansas
February 7, 1989 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech was present and called the roll with the following
Directors in attendance: Directors Priest, Benafield, Hollingsworth,
Hussey and Dailey - total 5; Absent - Director Shackelford - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Director Benafield.
The first presentation was the Consent Agenda consisting of the
following items:
II II (a) The reading of the Minutes of the Special Meeting held
January 9, 1989, the Regular Meeting held January 17, 1989, the
Special Meeting held January 27, 1989, and the Reconvened Meeting held
' February 1, 1989.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of December, 1988.
(c) Resolution No. 8,097, entitled
A RESOLUTION APPROVING THE 1989 COMPREHENSIVE HOMELESS
ASSISTANCE PROGRAM AND AUTHORIZING THE CITY MANAGER TO MAKE
APPLICATION FOR AN ENTITLEMENT GRANT UNDER THE EMERGENCY SHELTER GRANT
PROGRAM. (CDBG - Homeless Assistance Act)
(d) Resolution No. 8,098, with the title being:
A RESOLUTION AUTHORIZING THE LITTLE ROCK PRIVATE
INDUSTRY COUNCIL TO EXPEND $555,194.40 OF TITLE IIB JOB TRAINING
PARTNERSHIP ACT (JTPA) FUNDS FOR THE PROGRAM YEAR 1988 -89.
(e) Resolution No. 8,099, described as:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE A PORTION OF SCHILLER STREET BETWEEN 31ST
AND 32ND STREETS, IN SUNSET ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS. (Public Hearing date to be February 21, 1989.)
(f) Resolution No. 8,100, containing the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH BLASS, CHILCOTE, CARTER, & WILCOX FOR ARCHITECTURAL
SERVICES AT THE DUNBAR COMMUNITY CENTER; AND A CONTRACT WITH CARSON &
ASSOCIATES FOR THE REMODELING OF THE INTERSTATE PARK CONCESSION.
(Dunbar - $27,000; Interstate Park Concession - $29,225.)
(g) Resolution No. 8,101, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD THE ANNUAL CONTRACT FOR THE PURCHASE OF SAND, STONE AND
AGGREGATE FOR THE PUBLIC WORKS DEPARTMENT AND THE PARKS AND RECREATION
DEPARTMENT; AND FOR THE PURCHASE OF GOLF CARTS FOR THE PARKS AND
RECREATION DEPARTMENT;
(h) Resolution No. 8,102, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR LEGAL ADVERTISING FOR THE YEAR 1989.
(Contract to the Arkansas Gazette)
(i) A motion to grant an extension for a Planned Unit
Development entitled "Hunter's Ridge Planned Unit Development" (2-
4523) located on the north side of Highway No. 10 at Sam Peck Road.
(Planning Commission approved 2 -year extension by vote of 9 ayes, 0
noes, 2 absent; Staff recommended approval.)
20l
t, )XV
FEBRUARY 7, 1989, Cont'd.
(j) !lotion to set the date for public hearing on February 21,
1989, to consider an appeal of a Conditional Use Permit (Z -5122)
approved by the Planning Commission for Fire Station No. 10 at
Kavanaugh and Harrison Streets. (Planning Commission approved by vote
of 8 ayes, 0 noes, 2 absent; 1 abstention. - Removed from Agenda as
Item No. 3 and placed in the Consent Agenda.)
By a motion from Director Hussey, seconded by Director Dailey, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
January 9, 1989 Special Meeting, the January 17, 1989 Regular Meeting,
the January 27, 1989 Special Meeting, and the February 1, 1989
Reconvened Meeting, were approved as written and summarized 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, 1988, was received and filed; (c, d, e, f, g and h)
Resolutions No. 8,097, 8,098, 8,099, 8,100, 8,101 and 8,102 were read
in full and unanimously adopted by members of the Board of Directors
present; (i) Motion was adopted granting an extension for "Hunter's
Ridge Planned Unit Development" (Z -4523 - located on the north side of
Highway No. 10 and Sam Peck Road); and (j) Motion was adopted setting
the date for public hearing on February 21, 1989, to consider an
appeal of a Conditional Use Permit (Z -5122) approved by the Planning
Commission for Fire Station No. 10 at Kavanaugh and Harrison Streets.
No one was present to speak at the time allotted for Citizen
Communications.
Introduced next was Ordinance No. 15,635, containing the
following caption:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED HINSON CORNER SHORT -
FORM PCD (Z- 5105), SOUTHEAST CORNER OF HINSON AT HINSON LOOP 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;
(Z -5105 - S/E corner of Hinson Road at Hinson Loop Road)
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Bussey, to suspend the rules and
place the Ordinance on second reading. 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 second reading of the Ordinance followed, with a
motion being made by Director Dailey, seconded by. Director Priest, to
further suspend the rules and place the Ordinance on third and final
reading. With the motion having been 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, the Ordinance
was read the third and last time. Before the roll call vote was
taken, Director Benafield questioned why some of the Planning
Commission Members were opposed to the PCD, and Mr. Gary Greeson,
Director of Comprehensive Planning, explained that the three
commissioners who opposed the proposal were concerned that it might
set a precedent for commercial zoning in this area. Mr. Greeson said
the subject property was included in the Pleasant Valley District Land
Use Plan, and Director Benafield said, "that is a Plan similar to all
our Plans where we set up a Plan, which is just a guideline and it
comes before the Planning Commission, as people want projects, and
from time to time is changed." Director Hollingsworth said, "that
aspect was not discussed with the Board and I didn't see any materials
that were presented to the Board." Mr. Greeson then explained the
zoning patterns of the area and advised the Staff does support the
Planned Unit Development. There was no further discussion and a roll
call vote was taken with the response being: Ayes - Directors
Benafield, Hollingsworth, Hussey, Dailey, Mayor Villines and Director
Priest - total 6; Noes - None; Absent - Director Shackelford - total
1. Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 15,636, entitled:
AN ORDINANCE DISPENSING WITH THE REQUIREMENT FOR COMPETITIVE
BIDDING AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR THE
PURCHASE OF MAINTENANCE ITEMS FOR THE CITY'S TELEPHONE SYSTEM;
(Contract to Tel -Plus)
11
i
1
FEBRUARY 7. 1989. Cont'd.
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Bussey, to suspend the rules and
place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion again made and seconded by Directors
Priest and Bussey, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being six 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
is recorded as follows: Ayes - Directors Benafield, Hollingsworth,
Bussey, Dailey, Mayor Villines and Director Priest - total 6; Noes -
None; Absent - Director Shackelford - total 1. It was then announced
that the Ordinance had PASSED.
Director Shackelford was enrolled at 6:15 o'clock P. M.
Introduced at this point was Resolution No. 8,103, containing the
following caption:
A RESOLUTION OF THE BOARD OF DIRECTORS REGARDING THE HIGHWAY 10
LAND USE PLAN;
and there was a complete reading of the Resolution. A very lengthy
discussion followed the reading of the Resolution. At the request of
Director Benafield, Director Shackelford explained the whereas clauses
in the Resolution, basically are an update in the sense of the
historical background of the Highway 10 Corridor. She further stated,
the bottom line of the Resolution is asking the Board to allow a time
period set, to see if it would work. It was her suggestion that the
Plan be allowed five years from the adoption date to see how it's
working, with two and one half years having lapsed. Director
Benafield asked, "are we saying that under no circumstances, would we
deviate from this until given adequate time, that there would be no
changes except in the nodes themselves ?" Director Shackelford
responoea, "it caoesn't mean that we k
put some of those committees to wor
need some time to be able to effec
said he wanted to be clear, in the
that it says the Board really don't
before it for two and a half year
given." Director Shackelford commer
summarized the three Resolutions bef
Director Shackelford's Resolution ba:
policy of the Board for another two a
additional commercial zoning, that a
the nodes. The second Resolution k
additional commercial zoning only
commercial nodes. The third, Option
open up transition areas under ce
Director Dailey read a statement in
delay consideration of any plan m
recommended that the Board take the f
ave to wait five years before you
c, but I think you are going to
:ively see." Director Benafield
event the Resolution is adopted,
want to look at anything coming
s until adequate time has been
ted "basically." Mayor Villines
ere the Board by explaining that
ically would say, that it is the
nd one -half years not to consider
Zy commercial zoning would be in
sown as Option A, would consider
in relationship or adjacent to
B, would do that and also would
stain standards and conditions.
which he supported the idea to
edification at this time. He
ollowin4 steps:
"Obviously, the first step is to pass this Resolution.
That we should immediately begin to define 'quality scenic
corridor' and, where possible, encourage or require
adherence to the defined standards.
Number 2 - We should adopt a requirement that all new
zonings (office, multifamily and commercial) come into the
City in a PUD format.
Next, we should encourage all pre- existing zoning to conform
to a PUD format.
Next, an ad hoc citizens committee, and it may be something
tied on to what we had before and I'm not sure, but there
are some new players involved at this time, but an ad hoc
citizens committee representing residential through
commercial property owners along Highway 10 should be
appointed immediately to define the standards.
203
204
FEBRUARY 7. 1989, Cont'd.
Next and finally, the Little Rock Board of Directors should
immediately begin discussions on the cost differentials for
service delivery in various parts of the City and devise a
plan that promotes healthy growth and at the same time
ensures equitable treatment for all our tax base."
Speaking to Director Dailey, Director Benafield said, "in your remarks
you said there may be some commercial development that needs to be in
other areas, other than nodes, do you mean after two and a half
years ?" Director Dailey answered, "no, after we have defined what
kind of quality we mean when we say we want a quality scenic
corridor." Director Benafield questioned the legality of the
Resolution.
Mr. Marc Johnson, 11123 Bainbridge Drive, President of Walton Heights
Home Owners Association, was the first citizen to speak. He asked the
City to give the Plan a chance and prevent piecemeal erosion of some
of the accepted area plans. He concluded in support of Director
Shackelford's Resolution. Director Benafield reminded at this point,
that the Plan is just an overall encompassing guide and that constant
changes are made in all plans.
Mrs. Ruth Bell, 7611 Briarwood Drive, with the League of Women Voters,
spoke in favor of Director Shackelford's Resolution. She said
adherence to the long range plan for Highway 10 for a meaningful
length of time will provide an attractive gateway to Little Rock.
Mr. Marvin Itzkowitz, 16925 Taylor Loop Road, spoke in favor of
commercial zoning. He felt there is a need for commercial outside of
the nodes where they are in place now.
Mr. Larry Grace, 4 Butterfly Place, strongly supported Option A. Mr.
Grace said he was told by the Planning Staff that the Plan would be
subject to revision. He further commented that refusal to consider
projects that embody a more broad interpretation of the Plan, would
deny the property owners due process of fair and impartial
consideration and thereby cause them great harm. Mayor Villines took
exception to the statement that it was a violation of due process. He
stated he did not believe the City has an obligation to zone
commercial property just so that development can happen.
Mrs. Evelyn Thomas, 10 Thomas Park Circle, presented a letter to Board
Members expressing her concerns regarding Highway 10. Mrs. Thomas
said development needs to be taken care of in that area, and she spoke
in support of the proposed Safeway Project to be located on Highway 10
at East Taylor Loop Road.
Mrs. Betty Saugey, Route 1, Box 80, Roland, a business owner in the
Highway 10 Area was the next speaker. Mrs. Saugey served on the
committee that studied the Highway 10 Land Use Plan in 1986.. She
urged the Board to allow some flexibility in the Land Use Plan for
Highway 10 and consider quality projects when they are presented for
consideration. Upon question by Director Benafield, Mrs. Saugey said,
"never in the discussions were we assured that the Plan was written in
granite."
Mr. Gene Pfeifer, 16300 Cantrell Road, who also owns land at Highway
300, spoke against his financial best interests and in support of
Director Shackelford's Resolution. His reason was his belief that not
every piece of dirt out Highway 10 should be turned into money. He
felt the whereas clauses in the Resolution said the whole argument,
and the Resolutions endorsing Options A and B invite uncertainty. In
closing, he said only the Resolution sponsored by Director Shackelford
sends a clear cut message to the development community, and urged the
Board to adopt it 7 -0 and give the Plan time to work.
Attorney James Dendy, 300 Spring Street, representing Mrs. Pearl
Newton, who owns property at Taylor Loop Road and Highway 10, spoke in
strong support of Option A. He asked that his client and property
owners be given a chance to present quality projects rather than being
restricted by a rule that says, "we won't look at anything for two and
a half years." Mr. Dendy said if Director Shackelford's Resolution is
adopted, "it seems that Pearl's property has been zoned through the
Plan." Director Dailey asked City Attorney Mark Stodola if the
Resolution is adopted, does it stop people from coming before the
Board to ask for rezoning, even right now? Mr. Stodola advised that,
FEBRUARY 7, 1989, Cont'd.
"these are not even amendments to the Land Use Plan. Zonings are
totally different and would come forward regardless of what this
expression of intent as a Resolution develops into."
Mr. Dennis Smith, 4005 Montgomery Road, spoke in support of retaining
the Plan and giving it a chance to work.
Melissa Carroll, 14220 Taylor Loop Road, presented a petition signed
by 1,392 residents, asking the Board of Directors to adopt a
Resolution reaffirming its support of the Highway 10 Plan; stating its
disfavor towards the development along the Highway 10 Corridor in
violation of the Plan; and encouraging commercial development within
the existing commercial nodes shown on the Highway 10 Plan.
Ms. Barbara Douglas, President of Pankey Community Improvement
Association, speaking in favor of the Highway 10 Plan, told the Board
that if the Plan is given an opportunity to work, the community could
live up to its highest potential.
Mr. D. B. Hill, III, 14623 Shepherd Drive, encouraged the Board to
support the 1986 Plan by leaving it just as it is. He felt the idea
was sound three years ago, that it's sound today, and it will be just
as sound in two years.
Mr. David Jones, a Real Estate Agent with Vogel Realty, spoke at
length giving a history of development along Highway 10. He filed a
copy of a petition with 542 signatures saying: "We the undersigned
support the commercial zoning request submitted on behalf of Vogel
Realty, for the purpose of developing a 10.1 acre commercial center
that is to include a Safeway Store on the southwest corner of Highway
10 and East Taylor Loop Road." He said the Highway 10 Plan is no more
and no less than a guideline, and he would fight to help the people
preserve their rights.
Attorney Wendell Griffen, 2200 Worthen Bank Building, representing the
property owners of Westchester Subdivision, requested the Board to
give the Plan a reasonable time for assessment of its effectiveness.
He stated it is not a violation of the due process rights of anyone.
Mr. Griffen requested that the Board give the public interest time to
be served. In closing he said, "there is always time to make profits,
but after Highway 10 is gone, there will never be time to reclaim it."
Mr. Bill Rector, 506 North Elm Street, a member of the Planning
Commission, told the Board that if this Resolution is adopted you have
the effect of setting this Plan in concrete. He said every single
plan that has been adopted was supposed to be only a guideline;
adding, "if what you are saying here is that everytime we adopt a plan
it is set in concrete for five years, then I'm not going to vote for
any of them and I don't think that's good planning." Director
Benafield questioned Mr. Rector if he could recall since serving on
the Planning Commission, where the Board of Directors tried to pass a
Resolution that said there will be no growth for five years. Mr.
Rector responded, "not in this City."
Ms. Beverly Ashcraft, Route 5, Box 473 -B, briefly stated that she was
in favor of some changes on Highway 10.
At this point, Director Shackelford spoke on behalf of the Resolution.
She first made it clear that this Resolution or no other Resolution or
Ordinance the Board passes, prohibits a citizen from coming to the
Board with whatever development plan or whatever, that one may have.
She commented that the Board has continually stated that all plans and
all guides are not carved in concrete. Director Shackelford explained
that the Resolution reflects thoughtful and sound reasoning on the
part of the Board, and will hopefully achieve what we want to achieve
by slowing the process down to define what is truly a scenic corridor
along Highway 10.
Director Dailey then moved that the Resolution be amended to add the
following Sections:
SECTION 4. City Staff is directed to work with community
groups to immediately begin to define quality scenic
corridor and where possible, encourage or require adherence
to the defined standards.
2„
FEBRUARY 7, 1989, Cont'd.
SECTION 5. The Planning Commission is directed to consider
requiring that all new zonings, office, multi - family and
commercial, come into the City in a POD form.
SECTION 6. The Planning Commission and Staff are directed
to encourage all pre - existing zoning to conform to a PUD
format.
SECTION 7. An ad hoc citizens committee representing
residential through commercial property owners along the
Highway 10 Corridor shall be appointed immediately to define
any additional standards which may be developed for zoning
on Highway 10.
SECTION 8. The Little Rock Board of Directors requests that
Staff determine the cost differentials for service delivery
in various parts of the City and devise a plan that promotes
healthy growth and at the same time, insures equitable
treatment for all our tax base.
The motion was seconded by Director Shackelford. Again, Director
Benafield spoke in opposition to the amendment and Resolution.
Director Hollingsworth said if we could have evidence and discussion
by planners and otherwise, including the City Staff, to discuss the
issue of why changes will help carry out what everyone wants on
Highway 10, he would be listening and interested in seeing that Plan
work. He further added that he,had not seen that policy issue really
developed yet and for that reason, he would not support Options A and
B, and could not be consistent to say he favored the amendment. A
roll call was taken on the amendment with the results recorded as
follows: Ayes - Directors Shackelford and Dailey, Mayor Villines and
Director Priest - total 4; Noes - Directors Benafield, Hollingsworth
and Hussey - total 3; Absent - None. Therefore, the amendment was
adopted and the Resolution amended. City Manager Tom Dalton then for
clarification, asked if the essence of the amendment now was merely
one of identifying a process in a time period in which we continue to
affirm the Plan as initially identified by Director Shackelford?
Director Dailey said "that's basically true, but there are a couple of
points related to the PUD process." Mr. Dalton commented - it
identifies a process in which we define scenic corridor and how we are
to relate to proposals for development in the future. Director Dailey
advised, "that's correct." Mr. Dalton asked for further clarification
by saying, "once the Planning Commission encourages existing zoning to
come in under PUD, and the answer is 'no', then that's alright ?"
Director Dailey answered, "absolutely." Mayor Villines then called
for a vote on the Resolution, as amended, and Director Benafield again
spoke in opposition. Vice Mayor /Director Priest spoke in support of
the Resolution and stated Director Dailey's amendment gives time to
look into additional studies with citizens. Director Hollingsworth
spoke in opposition to the Resolution. Director Shackelford urged the
Board to please vote for the Resolution. A roll call vote was then
taken on the Resolution, as amended, with the response being: Ayes -
'
Directors Hussey, Shackelford, Dailey, Mayor Villines and Director
Priest - total 5; Noes - Directors Benafield and Hollingsworth -
total 2; Absent - None. Therefore, the Resolution as amended, was
ADOPTED.
At 8:20 o'clock P. M., Mayor Villines announced that the Board of
Directors would recess to executive session in the Board's Conference
Room, to consider appointments to various Boards and Commissions.
When the Board of Directors reconvened at 8:55 o'clock P. M. from
executive session, Mayor Villines presided and the following Directors
answered roll call: Directors Priest, Benafield, Hollingsworth,
Bussey, Shackelford, Dailey and Mayor Villines - total 7; Absent -
None.
Resolution No. 8,104 was then presented, entitled:
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE ARTS &
HUMANITIES PROMOTION COMMISSION, BOARD OF ADJUSTMENT, CENTRAL ARKANSAS
LIBRARY SYSTEM BOARD OF TRUSTEES, CITY BEAUTIFUL COMMISSION, AND THE
CIVIL SERVICE COMMISSION;
(Arts & Humanities - Ms. Donna Champ and Mr. Edwin Hanlon; Board of
Adjustment - Ms. Diane Chachere, Mr. James R. Mitchell, Mr. Ronald
Pierce, Mr. Tom Rystrom and Mr. Morris W. Thompson; Central Arkansas
Library System - Ms. Jane Moses and Ms. Sherry Price Walker; City
'
FEBRUARY 7. 1989. Cont'd.
Beautiful Commission - Mr. James G. vonTungeln, Mr. Timothy DeNoble
and Mr. David Bazzel; Civil Service Commission - Mr. Robert R. Beal
and Ms. Mary Storey.)
and there was a complete reading of the Resolution. A motion was made
by Director Benafield, seconded by Director Priest, that the
Resolution be adopted. A voice vote followed and the Resolution was
adopted by unanimous vote of the Board Members present.
There being no further business to be presented, Mayor Villines
declared the meeting recessed at 9:00 o'clock P. M., with the Board of
Directors to reconvene on Wednesday, February 15, 1989 at 1:30 o'clock
P. M., to consider appointments to various Boards and Commissions.
ATTEST: ?Ll.C� 4�
City Clerk Jane Czech
APPROVED: )
Mayor Floyd G. Villines, III
Board of Directors Chamber
Little Rock, Arkansas
February 15, 1989 - 1:30 P. M.
The Board of Directors of the City of Little Rock, Arkansas,
reconvened from the February 7, 1989, regular Board Meeting with Mayor
Floyd G. Villines presiding. Jane Czech, City Clerk, called the roll
with the following Directors present: Directors Priest, Benafield,
Hollingsworth and Shackelford - total 4; Absent - Directors Bussey
and Dailey - total 2.
With a quorum in attendance, Mayor Villines declared the Board of
Directors in session and stated the purpose of the reconvened meeting
was to consider appointments to Boards and Commissions.
Resolution No. 8,105 was then presented, entitled:
A RESOLUTION MAKING AN APPOINTMENT TO THE CITY BEAUTIFUL
COMMISSION;
(Appointing Ms. Kay Howell to fill the unexpired term of Ms. Connie
Whitfield, said term expiring October 19, 1990.)
and there was a complete reading of the Resolution. A motion was made
by Director Priest and seconded by Director Benafield, that the
Resolution be adopted. Mayor Villines called for a voice vote and the
Resolution was unanimously adopted by the Board Members present.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 1:35 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, February 21,
1989 at 6:00 o'clock P. M.
ATTEST:a"2- t
City Clerk Jane Czech
APPROVED:
Mayor Floyd G. Villines, III
i
Board of Directors Chamber
Little Rock, Arkansas
February 21, 1989 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Floyd G. Villines presiding_., City,,Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth, Bussey and Dailey - total
5; Absent - Director Shackelford - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Director Hollingsworth.
The Consent Agenda was the first presentation, consisting of the
following items:
(a) The reading of the Minutes of the previous meeting held
February 7, 1989, and the reconvened meeting held February 15, 1989.
(b) The 1988 Annual Report of Mount Holly Cemetery.
(c) Resolution No. 8,106, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT FOR CRANFORD, JOHNSON AND ROBINSON TO PROVIDE CONSULTING
SERVICES TO PROMOTE THE ARTS AND HUMANITIES.
(d) Resolution No. 8,107, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE ANNUAL PURCHASE OF GRASS, SOD,, READY
MIX CONCRETE, GASOLINE AND DIESEL, CDBG STREET AND DRAINAGE
IMPROVEMENTS FOR MADISON STREET, AND CDBG STREET AND DRAINAGE
IMPROVEMENTS FOR WEST 25TH AND 26TH STREETS.
(e) Resolution No. 8,108, described as:
A RESOLUTION AUTHORIZING THE SALE OF 1.087 ACRES OF
OAKLAND FRATERNAL CEMETERY PROPERTY TO THE LITTLE ROCK NATIONAL
CEMETERY EXPANSION CORPORATION IN SUBSTANTIALLY THE FORM AND WITH
SUBSTANTIALLY THE CONTENTS SET FORTH THEREIN AND MADE A PART OF THIS
RESOLUTION; AUTHORIZING THE EXECUTION AND DELIVERY OF THE CONTRACT OF
SALE; AND PRESCRIBING MATTERS RELATING THERETO.
(f) Resolution No. 8,109, containing the following caption:
A RESOLUTION GRANTING THE ARKANSAS STATE HIGHWAY AND
TRANSPORTATION DEPARTMENT AUTHORITY TO USE THE CITY OF LITTLE ROCK
FEDERAL AID URBAN SYSTEM MONIES FOR OTTER CREEK ROAD IMPROVEMENTS.
By a motion from Director Priest, seconded by Director Benafield,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held February 7, 1989, and the reconvened meeting
held February 15, 1989, were approved as written and summarized to the
members of the Board of Directors; (b) The 1988 Annual Report of
Mount Holly Cemetery was received and filed; and (c, d, a and f)
Resolutions No. 8,106, 8,107, 8,108 and 8,109, were read in }ffull and
adopted by unanimous voice vote of the Board Members present.
A proposed Resolution was placed on the Agenda expressing
appreciation to Mr. A. J. Almand for his service on the City Beautiful
Commission. Mr. Almand was not present at the meeting and the
Resolution was deferred until a later date.
At the time allotted for Citizen Communications, Mr. William H.
Hill, 2509 Bishop Street, complained about the need for sidewalk
repairs in the 2500 block of Bishop Street. He also complained about
poor trash pick -up and a tree that needs to be removed. City Manager
Tom Dalton was requested to check on Mr. Hills' complaints.
N1 V
February 21, 1989, Cont'd.
Mr. Steve Gibson, 7823 Ohio
curb and gutter for his street.
on the street and at times, he
"we voted for the Bond Issue and
these projects." Mayor Villines
public hearings on expenditure of
Street, told the Board he would like
He stated there is a lot of erosion
has water in his basement. He said,
there should be Bond Funds to pay for
advised Mr. Gibson that there will be
the Bond Funds.
Ordinance No. 15,637 was the next presentation, containing the
following caption:
AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES LOCATED IN THE
THREE MILE EXTRATERRITORIAL ZONING JURISDICTION OF 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 -5099 - From Joe D. White for E. K. Pfeifer, III, to rezone a 16.4
acre tract located on the north side of Highway 10, east of Highway
300, from Unclassified to "0-3" General Office, 'C -2" Shopping Center,
and "OS' Open Space Districts. Approved by Planning Commission.)
and the Ordinance was read the first time. Mr. Gene Pfeifer, 16300
Cantrell Road, the property owner, was the first speaker. He advised
that this item (Z -5099) and the following item (Z- 5138), had been
delayed because of the ramp interchange at Chenal Valley Parkway and
Highway 10, and that the interchange has finally been worked out. He
said he applied for these two zonings at the same time Deltic Timber
Company applied for their's immediately across the street, which has
been previously approved. Mr. Pfeifer asked the Board to grant this
zoning and make it subject to the same extra considerations that were
imposed upon Deltic; that is, site plan review through the Planning
Commission, and the addition of an extraordinary forty -foot set -back
along Highway 10. Upon question by Director Benafield, Mr. Pfeifer
stated that he did not want to submit an application for his
properties under the PUD format and said properties on both sides of
the street should be treated the same. Director Dailey said it would
probably be unfair in this particular case to ask Mr. Pfeifer to apply
under a PUD format. Mrs. Betty Saugey, Highway 300 and Pinnacle Lane,
spoke in objection to the engineer's layout of the Plan. She pointed
out this is truly a scenic area of Highway' 10 and a perfect place to
start the PUD Plan. Mrs. Saugey requested the Board to require the
PUD and said there is presently more than enough commercial along
Highway 10; adding, "when the need is there, that's the time to zone."
Mr. David Jones, 26 Colony Road, commented that he felt Mr. Pfeifer's
corner is a commercial node; it has to do with fairness, and also
exactly what objectives that are trying to be accomplished on Highway
10. He did say however, "the fact is we are trying to accomplish a
scenic corridor, and I do think we need to step back on properties we
haven't zoned yet." Referring to Resolution No. 8,103, adopted
February 7, 1989, Director Benafield said, "somehow we've got to
resolve what that Resolution and Amendment means; we need to define
what we did; I need some direction on what we did." Director Dailey
commented that "we wanted to step back long enough to determine what
some of the problems are." Director Hollingsworth concluded the
discussion by saying he feels the request of Mr. Pfeifer falls within
the intent of the Plan. A motion was then made by Director Priest,
seconded by Director Dailey, to suspend the rules and place the
Ordinance on second reading. 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, and
the second reading of the Ordinance ensued. A subsequent motion was
again made by Director Priest to further suspend the rules and place
the Ordinance on third and final reading, which motion was again
seconded by Director Dailey, and adopted by unanimous vote of the
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.
There was a third and last reading of the Ordinance after which an Aye
and No Vote was taken on passage of the Ordinance with the response
being: Ayes - Directors Hollingsworth, Bussey, Dailey, Mayor
Villines, Directors Priest and Benafield - total 6; Noes - None;
Absent - Director Shackelford - total 1. Whereupon, the Ordinance was
declared PASSED.
Ordinance No. 15,638 was introduced, entitled:
AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES LOCATED IN THE
THREE MILE EXTRATERRITORIAL ZONING JURISDICTION OF 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;
February 21, 1989, Cont'd.
(Z -5138 - From Joe D. White for E. M. Pfeifer, III, to rezone a 3.0722
acre tract located at Highway 10 and Highway 300, from Unclassified to
"0-2" Office and Institutional District. Approved by Planning
Commission.)
with the Ordinance being read the first time. (See discussion on item
Z -5099 above.) A motion followed by Director Priest to suspend the
rules and place the Ordinance on second reading. The motion was
seconded by Director Dailey and adopted by unanimous vote -of the Board"
Members present, being six in number and two - thirds or more of the
members of the Board of Directors - elect, and a second reading of the
Ordinance ensued. The rules were again suspended and the Ordinance
placed on third and final reading by a motion made and seconded by
Directors Priest and Dailey, respectively, and unanimously adopted by
the Board Members present, being six in number and two - thirds or more
of the members of the Board of Directors - elect. Following the third
and final reading of the Ordinance, there was an Aye and No Vote taken
on the question, Shall the Ordinance Pass, with the results recorded
as follows: Ayes - Directors Hollingsworth, Bussey, Dailey, Mayor
Villines, Directors Priest and Benafield - total 6; Noes - None;
Absent - Director Shackelford - total 1. The Ordinance was then
declared PASSED.
A proposed Ordinance (Z -5120) 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, had been placed on the Agenda. The subject property is
located at 9225 Sibley Hole Road and is currently zoned "R -2" Single -
family District. The request was for rezoning to "C -4" Open Display
and "I -2" Light Industrial District, and received approval by the
Planning Commission. The proposed Ordinance was removed from the
Agenda prior to the Board Meeting because the right -of -way dedication
on Sibley Hole Road has not been received.
Introduced next was Ordinance No. 15,639, with the title being: Oil
1.
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 -5123 - From Matt Ulmer for Atley G. Davis to rezone a 0.77 acre
parcel located at Asher and Western Hills Avenues, from "R -2" Single -
family to "I -2" Light Industrial District. Approved by Planning
Commission.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Bussey and seconded by Director Priest, which 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. Upon second reading of the Ordinance, there was a
subsequent motion again made by Director Bussey that the rules be
further suspended and the Ordinance be placed on third and final
reading. Director Dailey seconded the motion which was adopted by
unanimous vote of the 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 ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Hollingsworth,
Bussey, Dailey, Mayor Villines, Directors Priest and Benafield - total
6; Noes - None; Absent - Director Shackelford - total 1. It was
then announced that the Ordinance had PASSED.
Ordinance No. 15,640 was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5134 - From John E. Bush to rezone 0.43 acres located at 8023
Chicot Road, from "R -2" Single - family to "C -3" General Commercial
District, which was approved by the Planning Commission.)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Bussey, seconded by Director Priest, and by unanimous vote of the
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.
211
ti_ z
February 21, 1989, Cont'd.
Upon second reading of the Ordinance, there was a subsequent motion
again, made by Director Bussey, seconded by Director Dailey, that the
rules be further suspended and the Ordinance be placed on third and
final reading. 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; whereupon, the
Ordinance was then read the third and last time. An Aye and No Vote
was taken on passage of the Ordinance which resulted as herein
recorded: Ayes - Directors Hollingsworth, Bussey, Dailey, Mayor
Villines, Directors Priest and Benafield - total 6; Noes - None;
Absent - Director Shackelford - total 1. The Ordinance was then
declared PASSED.
The next presentation was Ordinance No. 15,641, described as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED ARKANSAS LANDSCAPE
PLANNED COMMERCIAL DISTRICT SHORT -FORM (Z- 5127), WOODLAND HEIGHTS ROAD
AT FAIRVIEW 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;
(Z -5127 - From Robert J. Richardson for Richard Smith to change the
zoning classification of 2.3 acres located on Woodland Heights Road at
Fairview Road, from "0-3" General Office District to "PCD" Planned
Commercial District. Approved by Planning Commission.)
and said Ordinance was read the first time, followed by a motion by
Director Bussey, seconded by Director Priest, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the 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 a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Bussey, seconded by Director
Dailey, and 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. The Ordinance was read the third and
last time, and there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes.
- Directors Hollingsworth, Bussey, Dailey, Mayor Villines and Director
Benafield - total 5; Noes - None; Abstentions - Director Priest -
total 1; Absent - Director Shackelford - total 1. Therefore, the
Ordinance was declared PASSED.
Ordinance No. 15,642 was considered next, entitled:
AN ORDINANCE REPEALING ORDINANCE NO. 15,179 AND REVOKING -:A PCD__
DISTRICT TITLED WHITE WATER TAVERN SHORT -FORM PCD IN THE CITY OF
LITTLE ROCK;
(Z -4704 - From Larry Garrison for Ricks, Inc. revoking the White Water
Tavern PCD located at West 7th Street and Thayer Avenue, and restoring
"R -3" Single - family District and Non - Conforming Use. P. C.
recommended revocation.)
and after a first reading of the Ordinance, there was a motion by
Director Bussey, seconded by Director Priest, to suspend the rules and
place the Ordinance on second reading. 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, and the second reading of the Ordinance ensued. A
subsequent motion was again made by Director Bussey and seconded by
Director Dailey, to further suspend the rules and place the Ordinance
on third and final reading. 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.
There was a third and final reading of the Ordinance after which an
Aye and No Vote was taken on passage of the Ordinance and resulted as
follows: Ayes - Directors Hollingsworth, Bussey, Dailey, Mayor
Villines, Directors Priest and Benafield - total 6; Noes - None;
Absent - Director Shackelford - total 1. Whereupon, the Ordinance was
declared PASSED.
r
13
February 21, 1989, Cont'd.
At this point in the meeting, Mr. Frank Daley, 6 Buckthorn
Street, who arrived after Citizen Communications, asked to address the
Board. He requested that the City assist financially with Sewer
Improvement District No. 147. He said some of the property owners in
the District are unable to pay the high annual assessments, and.-some
had filed a lawsuit protesting the assessments. Mayor Villines
requested City Manager Tom Dalton to determine if there might be some
federal funds that could be used for this purpose. Mr. Dalton advised
there will be a public hearing on March 21, 1989, regarding
expenditure of CDBG Funds and this request might speak to that. Mayor
Villines asked that it be reviewed by the CDBG Committee and Mr.
Dalton said he would raise the question with the Advisory Council.
The next matter to be discussed was the modification of the fence
requirement for West Markham Land Addition, located at Rock Creek
Bridge and West Markham Street. Mr. George Bowman, 11700 Ashwood
Drive, whose property is immediately behind and south of Andy's
Restaurant and Andy's Offices at the intersection of Rock Creek and
West Markham Street, was the first to address the issue. Mr. Bowman _
said a year and a half ago the developer of the property had agreed to
build a fence along the south property line of the total development.
He explained most of the fence has been built except for an area just
east of Andy's Corporate Office Building or the remainder of the
property line. Mr. Bowman stated that Mr. Brad Walker representing
Mr. Garland Streett, the owner, had requested that the fence be
deleted from behind the building or from that point on. However, he
said "we requested that the fence be built on, or as a compromise,
that the fence be built from the west end of the building to some
place beyond this parking area, and that the fence be closed in to the
building to provide a barrier for pedestrian traffic." Mr. Bowman
presented pictures indicating what the property looks like at this
time, and stated he basically is in favor of the compromise,, but.,
expressed belief that Mr. Streett is opposed to it. In closing Mr.
Bowman said, in the event Mr. Streett will not allow Mr. Walker to
build the fence, that the City allow Mr. Walker to build the fence
commencing where the end of the fence is right now, build it as close
as possible, in other words, close up any gaps in it and run it beyond
the parking area on the west side of Andy's Corporate Center. To
clarify, Mayor Villines asked Mr. Bowman "you support that which is
before us which says that the fence should be built to the corner of
the building, to the eastern corner and the western corner, and
extended from that point to the end of the property line." Mr. Bowman
explained the compromise was that the fence would be left off across
the back of the building. He said, "we will support that if the fence
is closed in, basically for pedestrian traffic, and be extended beyond
the parking area which will be about 150 feet further." Mr. Richard
Wood of the Department of Comprehensive Planning advised that the
Planning Commission's recommendation is to extend the fence only to
the point of the parking lot. Mrs. Agnes B. Beall, 11620 Ashwood
Drive, asked the Board to request Mr. Walker to complete the fence
requirement with all the conditions previously made. Mr. H. Ray
Burton, 11818 Ashwood Drive, read a letter to the Board of Directors
signed by five property owners saying they were pleased with the
retaining wall and landscaping that Andy's has completed and
understand there will be additional landscaping in the Spring.
Referring to the Planning Commission's requirement of the installation
of an additional 8 foot high wood fence behind the parking area, the
property owners requested that the site be permitted to remain as it
is. Mr. Garland Streett, 8 Greenbrier Road, the property owner,, said
he was not told the fence was mandatory; adding, "the issue is not the
fence - it's what the majority of the property owners want." He asked
the Board to allow him to continue the landscaping and do what the
majority of the property owners want." Upon question by Director
Benafield, Mr. Streett advised that he did not own the property when
the fence was mandated by the Board. Mayor Villines' concerns were
that the Board had previously mandated that the fence would be
constructed. Director Priest asked Mr. Streett if he would be willing
to accept what Mrs. Beall and Mr. Bowman have asked, that the fence be
constructed across everything except the back of the office building.
At this point, Mr. Wood said the Planning Commission included gates in
their recommendation. Mr. Streett responded "no" to Director Priest's
question. Mr. Ed Holiman, 11814 Ashwood Drive, said he would like the
situation to stay like it is. Following the lengthy discussion, a
motion was made by Director Bussey, seconded by Director Dailey, that
"the fence requirement be modified to eliminate the 8 foot board fence
to the rear of Andy's Office Building and west of the westernmost
parking lot on the property. Further, that the fence be required
along the south line of the westernmost parking lot atop the retaining IN
February 21, 1989, Cont'd.
wall. Additionally, that gates be installed between the corners of
Andy's Office Building and the fence to control pedestrian access."
The motion was adopted by the following roll call vote: Ayes -
Directors Benafield, Hollingsworth, Bussey, Dailey and Mayor Villines
- total 5; Noes - Director Priest - total 1; Absent - Director
Shackelford - total 1.
A public hearing had been scheduled for this time and place to
hear an appeal filed by Dr. Charles R. Feild, of the Planning
Commission's approval of a Conditional Use Permit (Z- 5122), for
proposed changes to Fire Station No. 10 located on Kavanaugh Boulevard
at Harrison Street. Mayor Villines declared the public hearing open
and Mr. Nathaniel Hill, Director of Human and General Services,
presented a brief background on the project in which he said an
architectural firm was employed to determine the alternatives for
renovation of the building because of its historical importance. Mr.
Terry Rasco, Architect, explained the plans for renovation and the
changes to be made to the building, including the technical necessity
for the exit off Harrison Street. Several area residents were present
to address the proposal. Mr. Mark Mathison, 5223 Stonewall Road,
presented a petition signed by residents surrounding and adjacent to ",
the Fire Station, stating opposition to the change in the fire truck
exit from Kavanaugh to Harrison Street. Also, the petition mentioned
opposition to inadequate landscape screening on the north side of the
new structure. Dr. Charles Feild, 2004 North Harrison Street, read a
statement from Ms. Lila Dashiell, 2008 North Harrison Street, in which
she wrote that Harrison Street is a dangerous stretch of street for
fire trucks to "whiz onto." Dr. Feild said he supported the changes
in the Fire Station remodeling except for the fire truck exit onto
Harrison Street, and inadequate screening to the north. He requested
that the Board "find a creative solution that can satisfy us all."
Ms. Carol Gross, 5301 Stonewall Road, expressed her fear for children
in the neighborhood with the driveway on Harrison Street. Mrs. Chris
Feild was the other person speaking in opposition. Ms. Susan Pfeifer,
6314 "H" Street, representing the Heights Merchants Association, spoke
for the project emphasizing the importance of the fire station to the
neighborhood. Upon question by Director Bussey regarding the exit off
Harrison Street, Fire Chief Rubin Webb said "our firefighters have
children and safety is our business." Director Dailey felt if there
is a way to handle the exit on Kavanaugh, it should be done. Director
Hollingsworth expressed doubt there is a plan to please everyone.
There was no further discussion, the public hearing was declared
closed, and a motion followed by Director Benafield, seconded by
Director Priest, "that the Conditional Use Permit for Fire Station No.
10 be adopted. The motion was adopted by the following vote: Ayes -
Directors Hollingsworth, Bussey, Mayor Villines, Directors Priest and
Benafield - total 5; Noes - Director Dailey - total 1; Absent -
Director Shackelford - total 1. ' L":.
Resolution No. 8,110 was then presented, entitled:
A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO
AWARD A CONTRACT FOR AN ADDITION TO AND THE REMODELING OF FIRE STATION
NO. 10, LOCATED AT KAVANAUGH AND HARRISON;
(Contract to Flynco of Little Rock for $459,474)
and there was a complete reading of the Resolution. A motion was made
by Director Benafield, seconded by Director Bussey, that the
Resolution be adopted. A voice vote followed and the Resolution was
adopted by a vote of 5 ayes, 1 no by Director Dailey, and Director
Shackelford absent.
Consideration was then given to Resolution No. 8,111, containing
the following caption:
A RESOLUTION ON THE ISSUES OF GROWTH AND HOUSING;
and the Resolution was read in its entirety. A motion was made by
Director Priest and seconded by Director Bussey, that the Resolution
be adopted. A voice vote followed and the Resolution was adopted by
unanimous voice vote of the Board Members present with Director
Shackelford being absent.
Mayor Villines was excused at 8 :35 o'clock P. M. and Vi'ce•= Mayor,
Priest presided for the remainder of the meeting.
February 21, 1989, Cont'd.
A public hearing had been scheduled by Resolution No. 8,099, and
notice thereof duly published on February 13, 1989 and February 20,
1989, on the petition from the State of Arkansas Building Services,
for the Livestock Show Association, to vacate and close a portion of
Schiller Street beginning at the N/W corner of Lot 7, Block 11, Sunset
Addition to the City of Little Rock, thence West 50' to the East -line
of Lot 8, Block 12, Sunset Addition, thence South 751, thence East
501, thence North 75' to the point of beginning, as approved by the
Planning Commission. Attached to the petition was a certified copy of
the plat of Sunset Addition to the City of Little Rock, on file in the
Pulaski County Circuit Clerk's Office, and a letter from Little Rock
Abstract Company listing the last apparent owners of record to
abutting property. Vice Mayor Priest then declared the public hearing
open and with no one present who wished to speak in opposition to the
proposed closing, the public hearing was declared closed and Ordinance
No. 15,643 was presented, with the title being:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LETTER
OF AGREEMENT WITH THE GREATER LITTLE ROCK CHAMBER OF COMMERCE TO
PROMOTE ECONOMIC DEVELOPMENT WITHIN THE CITY, AUTHORIZING THE
EXPENDITURE OF $100,000 FROM THE INTEREST OF THE ECONOMIC DEVELOPMENT
MONIES TO PURCHASE VARIOUS SERVICES FROM THE CHAMBER PURSUANT TO THE
LETTER OF AGREEMENT, WAIVING COMPETITIVE BIDDING, DECLARING AN
EMERGENCY, AND FOR OTHER PURPOSES;
' with the Ordinance being read the first time. City Manager Tom Dalton
advised the Board of Directors that any payment by the City shall be
matched by the Chamber on a $2 for $1 basis in accordance with Section
6 of Ordinance No. 15,577. The rules were then suspended to allow for
the second reading by motion from Director Benafield, seconded by
Director Dailey, and 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. Upon second reading of the
Ordinance, there was a subsequent motion again made by Director
Benafield, seconded by Director Dailey, that the rules be further
suspended and the Ordinance be placed on third and final reading. The
motion was unanimously adopted by 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; whereupon, the Ordinance was then read
the third and last time. An Aye and No Vote was taken on passage of
the Ordinance which resulted as herein recorded: Ayes - Directors
Hollingsworth, Bussey, Dailey, Vice Mayor Priest and Director
Benafield - total 5; Noes - None; Absent - Director Shackelford and
Mayor Villines - total 2.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Hollingsworth, Bussey, Dailey, Vice Mayor Priest and
Director Benafield - total 5; Noes - None; Absent - Director
Shackelford and Mayor Villines - total 2. Therefore, the Ordinance,
together with the Emergency Section, was then declared PASSED.
,71q r
ti J
AN ORDINANCE VACATING AND CLOSING A PORTION OF SCHILLER STREET
BETWEEN 31ST AND 32ND STREETS IN SUNSET ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS;
and after a first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Benafield, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by 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. There was a second reading of the Ordinance,
followed by a subsequent motion again made by Director Dailey and
seconded by Director Bussey, to further suspend the rules and place
the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being five 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Directors Hollingsworth,
Bussey, Dailey, Vice Mayor Priest and Director Benafield - total 5;
Noes - None; Absent - Director Shackelford and Mayor Villines - total
2. Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 15,644, with the title
being:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LETTER
OF AGREEMENT WITH THE GREATER LITTLE ROCK CHAMBER OF COMMERCE TO
PROMOTE ECONOMIC DEVELOPMENT WITHIN THE CITY, AUTHORIZING THE
EXPENDITURE OF $100,000 FROM THE INTEREST OF THE ECONOMIC DEVELOPMENT
MONIES TO PURCHASE VARIOUS SERVICES FROM THE CHAMBER PURSUANT TO THE
LETTER OF AGREEMENT, WAIVING COMPETITIVE BIDDING, DECLARING AN
EMERGENCY, AND FOR OTHER PURPOSES;
' with the Ordinance being read the first time. City Manager Tom Dalton
advised the Board of Directors that any payment by the City shall be
matched by the Chamber on a $2 for $1 basis in accordance with Section
6 of Ordinance No. 15,577. The rules were then suspended to allow for
the second reading by motion from Director Benafield, seconded by
Director Dailey, and 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. Upon second reading of the
Ordinance, there was a subsequent motion again made by Director
Benafield, seconded by Director Dailey, that the rules be further
suspended and the Ordinance be placed on third and final reading. The
motion was unanimously adopted by 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; whereupon, the Ordinance was then read
the third and last time. An Aye and No Vote was taken on passage of
the Ordinance which resulted as herein recorded: Ayes - Directors
Hollingsworth, Bussey, Dailey, Vice Mayor Priest and Director
Benafield - total 5; Noes - None; Absent - Director Shackelford and
Mayor Villines - total 2.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Hollingsworth, Bussey, Dailey, Vice Mayor Priest and
Director Benafield - total 5; Noes - None; Absent - Director
Shackelford and Mayor Villines - total 2. Therefore, the Ordinance,
together with the Emergency Section, was then declared PASSED.
,71q r
ti J
February 21, 1989, Cont'd.
i
Ordinance No. 15,645 was introduced, entitled:
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;
and said Ordinance was read the first time. Mr. Richard Watts, an
attorney, requested that Unit No. 14260 showing 9411 Hilaro Springs
Road be deleted from the Ordinance and deferred for thirty days in
order to give the Farm Bureau & Bank of Fort Smith time to decide on
razing the structure. A motion then followed by Director Benafield,
seconded by Director Bussey, to amend the Ordinance to delete 9411
Hilaro Springs Road. The motion was unanimously adopted by the Board
Members present. A subsequent motion then followed by Director
Benafield, seconded by Director Dailey, that the rules be suspended
and the Ordinance, as amended, be placed on second reading. 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 a second reading of the
Ordinance, as amended, ensued. A motion was then made for a further
suspension of the rules to provide for the third and last reading of
the Ordinance, as amended, with the motion again being made by
Director Benafield, seconded by Director Dailey, and unanimously
adopted by 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, as amended, was read the third and
last time, and there was an Aye and No Vote taken on passage of the
Ordinance, as amended, with the response being: Ayes - Directors
Hollingsworth, Bussey, Dailey, Vice Mayor Priest and Director
Benafield - total 5; Noes - None; Absent - Director Shackelford and
Mayor Villines - total 2.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Hollingswoth, Bussey, Dailey, Vice Mayor Priest and
Director Benafield - total 5; Noes - None; Absent - Director
Shackelford and Mayor Villines - total 2. It was announced that the
Ordinance, as amended, together with the Emergency Section, had
PASSED.
The last matter to be considered was Ordinance No. 15,646,
described as:
AN ORDINANCE AMENDING CHAPTER 17, ARTICLE VI. USED OR SECONDHAND
GOODS, TO ADD DIVISION 4. SCRAP METAL DEALERS TO THE• CODE OF„
ORDINANCES OF THE CITY OF LITTLE ROCK;
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Benafield, seconded by Director Dailey, and 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.
Upon second reading of the Ordinance, there was a subsequent motion
again made by Director Benafield, seconded by Director Dailey, that
the rules be suspended and the Ordinance be placed on third and final
reading. The motion was unanimously adopted by 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; whereupon, the Ordinance
was then read the third and last time. An Aye and No Vote was taken
on passage of the Ordinance which resulted as herein recorded: Ayes -
Directors Hollingsworth, Bussey, Dailey, Vice Mayor Priest and
Director Benafield - total 5; Noes - None; Absent - Director
Shackelford and Mayor Villines - total 2. The Ordinance was then
declared PASSED.
I
February 21, 1989, Cont'd.
There being no further business to be presented, it was moved by
Director Bussey, seconded by Director Benafield, and unanimously
carried that this meeting be adjourned at 8:45 o'clock P. M., and that
the Board of Directors convene in regular session on Tuesday, March 7,
1989 at 6:00 o'clock P. M.
ATTEST( ;J � C' APPROVED k
City Clerk Jane Czech Mayor Floyd G. Villines, III
1
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218
I
Board of Directors Chamber
Little Rock, Arkansas
March 7, 1989 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech was present and called the roll with the following
Directors in attendance: Directors Priest, Benafield, Hollingsworth
and Dailey - total 4; Absent - Directors Bussey and Shackelford -
total 2.
Mayor Villines announced that a quorum was present and the
proceedings of the meeting are recorded as follows.
The Invocation was given by Mayor Villines.
The Consent Agenda was the first presentation, consisting of the
following items:
(a) The approval of the Minutes of the previous Board Meeting
held February 21, 1989.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of January, 1989. (Referring
to income and financial statements Board Members receive from various
City Agencies, Director Hollingsworth asked if someone on the Staff is
reviewing them for any type of discrepancies. He was advised by City
Manager Tom Dalton that Staff does not review the agencies that are
self supporting with their own source of revenue, in the same way
agencies receiving City General Fund monies are reviewed.)
(c) A Motion to set the date for public hearing on March 21,
1989, to consider Zoning Appeal Z- 4624 -A to rezone 13441 Cantrell Road
(Lots 4 & 5, Block 11, Josephine Pankey Third Addition), from "R -2"
Single - family to "C -1" Neighborhood Commercial District.
(d) Resolution No. 8,112, entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS ADOPTING THE
36TH STREET INTERCHANGE STUDY AND CALLING FOR A BREAK -IN ACCESS. (Mr.
Don McChesney, City Engineer, made a slide presentation on the
proposed I -430 and 36th Street Interchange and filed the Feasibility
Study prepared by Peters & Associates, Manes, Castin, Massie &
McGetrick, and Garver & Garver, with the City Clerk. He gave an
overview of Option "A" and Option "B ", stating Option "A" was the
preferred interchange design.)
(e) Resolution No. 8,1131 with the title being:
'
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR STREET AND DRAINAGE IMPROVEMENTS IN THE
PANKEY AREA, AND TO REBUILD A CATERPILLAR TRACK LOADER. (Contract to
Hobbs Contractors for improvements in Pankey in an amount not to
exceed $104,144.40; Contract to J. A. Riggs Tractor Company to rebuild
the caterpillar track loader in an amount not to exceed $78,900.00.)
(f) Resolution No. 8,114, described as:
A RESOLUTION AUTHORIZING THE CHANGING OF THE NAME OF
HERMITAGE ROAD TO "FINANCIAL CENTRE PARKWAY" FOR THAT PORTION LYING
WEST OF HARDIN ROAD AND EAST OF AUTUMN ROAD IN SECTION 14, TOWNSHIP 1
NORTH, RANGE 13 WEST, CITY OF LITTLE ROCK, COUNTY OF PULASKI,
ARKANSAS; AND DESIGNATING ALL OF THE PROPOSED PARKWAY FROM AUTUMN
ROAD, INCLUDING THE NEW CONSTRUCTION BETWEEN AUTUMN ROAD AND ROCK
CREEK PARKWAY, PORTIONS OF ROCK CREEK PARKWAY, KANIS ROAD AND THE NEW
CONSTRUCTION FROM KANIS ROAD TO ITS JUNCTURE WITH STATE HIGHWAY 10, TO
BE KNOWN HEREAFTER AS THE "CHENAL PARKWAY "; AUTHORIZING AND DIRECTING
THE CITY MANAGER TO TAKE SUCH ACTIONS AS ARE NECESSARY AND APPROPRIATE
TO EFFECT SUCH ACTIONS; AND FURTHER MATTERS PERTAINING THERETO. (The
Resolution appeared on the Agenda as Item B -2, but at the request of
Mayor Villines it was read with the Consent Items.)
Director Hussey was enrolled.
,
I
r
March 7. 1989. Cont'd.
By motion from Director Priest, seconded by Director Bussey, 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 meeting held February 21, 1989 were approved as written and
summarized 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 January, 1989 was received and filed; (c)
Motion was adopted setting the date on March 21, 1989, to consider
Zoning Appeal Z- 4624 -A, to rezone 13441 Cantrell Road, from "R -2"
Single - family to "C -1" Neighborhood Commercial District; (d, e & f)
Resolutions No. 8,112, 8,113 and 8,114, were read in full and adopted
by unanimous voice vote of the Board Members present.
At this point in the meeting, Director Benafield presented Mr. A.
J. Almand with a "Certificate of Appreciation" from_. the Board of
Directors. He commended Mr. Almand for his eleven years of
dedication, hardwork. and service on the City Beautiful Commission.
Mr. Almand was instrumental in the landscaping of various projects in
the City, and through his efforts 150,000 dogwood seedlings were
planted in Little Rock. Director Benafield then read Resolution No.
8,115, entitled:
L
At the time allotted for Citizen Communications, a group of
property owners whose property is embraced in Sewer Improvement
District No. 147, was present seeking financial assistance from the
City with the annual sewer improvement assessments. The Sewer
District is bounded by 24th Street, Kanis, Aldersgate, and Junior
Deputy Roads, and was certified to the Pulaski County Clerk for
collection on May 25, 1988. The following property owners addressed
the Board requesting allocation of any left over 1986 CDBG Funds, or
any other assistance, to help reduce the annual assessment on their
properties: Mr. Lee Evans, 7500 Geronimo Circle, North Little Rock;
Mr. Ernest Ekrut, 2210 Perry Street; Mr. E. A. Lauderdale, 2023
Nichols Street; Mr. Earl Ekrut, 2212 Perry Street; Ms. Cynthia Rhodes,
2107 Nichols Street; Mr. E. L. Freeman, 2020 Junior Deputy Road; Ms.
Sherry Anhalt, 2111 Nichols Street; Mr. Frank Daley; and Ms. Darcia M.
Norwood, 10 Buttermilk Road. Mayor Villines requested City Manager
Tom Dalton to check into unallocated CDBG Funds and advise the Board.
Director Benafield also requested Mr. Dalton to report: (1) How much
money is in the CDBG Fund? (2) What has been the practice in the past
regarding CDBG Funds? And (3) Provide a map showing where CDBG Funds
have been spent. Director Dailey requested that Mr. Dalton provide a
brief synopsis on the formation of improvement districts, and whether
or not the City can realistically lend a helping hand. Mr. Dalton
will provide the requested background on initial projections. Mayor
Villines advised those present that a public hearing will be held
March 21, 1989, on the allocation of CDBG Funds.
Ordinance No. 151,647 was the next presentation, containing the
following caption:
AN ORDINANCE AMENDING THE MASTER STREET PLAN AND ADOPTING AN
ENGINEERING ALIGNMENT FOR BOWMAN ROAD;
(White - Daters engineering alignment for Bowman Road.)
with the Ordinance being read the first time, followed by a motion
from Director Priest to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Dailey and
adopted by unanimous vote of the Board Members present, being six in
number and two- thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Dailey and Priest,
respectively, and unanimously adopted by the Board Members present,
being six 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, there was an Aye and No Vote taken on the question, Shall
A1
A RESOLUTION COMMENDING A. J. ALMAND FOR HIS DEDICATION AND
SUPPORT OF THE LITTLE ROCK CITY BEAUTIFUL COMMISSION;
following the reading of the Resolution, Director Benafield moved,
seconded by Director Priest, that the Resolution, be adopted. The
Resolution was adopted by unanimous voice vote of the Board of
Directors present.
L
At the time allotted for Citizen Communications, a group of
property owners whose property is embraced in Sewer Improvement
District No. 147, was present seeking financial assistance from the
City with the annual sewer improvement assessments. The Sewer
District is bounded by 24th Street, Kanis, Aldersgate, and Junior
Deputy Roads, and was certified to the Pulaski County Clerk for
collection on May 25, 1988. The following property owners addressed
the Board requesting allocation of any left over 1986 CDBG Funds, or
any other assistance, to help reduce the annual assessment on their
properties: Mr. Lee Evans, 7500 Geronimo Circle, North Little Rock;
Mr. Ernest Ekrut, 2210 Perry Street; Mr. E. A. Lauderdale, 2023
Nichols Street; Mr. Earl Ekrut, 2212 Perry Street; Ms. Cynthia Rhodes,
2107 Nichols Street; Mr. E. L. Freeman, 2020 Junior Deputy Road; Ms.
Sherry Anhalt, 2111 Nichols Street; Mr. Frank Daley; and Ms. Darcia M.
Norwood, 10 Buttermilk Road. Mayor Villines requested City Manager
Tom Dalton to check into unallocated CDBG Funds and advise the Board.
Director Benafield also requested Mr. Dalton to report: (1) How much
money is in the CDBG Fund? (2) What has been the practice in the past
regarding CDBG Funds? And (3) Provide a map showing where CDBG Funds
have been spent. Director Dailey requested that Mr. Dalton provide a
brief synopsis on the formation of improvement districts, and whether
or not the City can realistically lend a helping hand. Mr. Dalton
will provide the requested background on initial projections. Mayor
Villines advised those present that a public hearing will be held
March 21, 1989, on the allocation of CDBG Funds.
Ordinance No. 151,647 was the next presentation, containing the
following caption:
AN ORDINANCE AMENDING THE MASTER STREET PLAN AND ADOPTING AN
ENGINEERING ALIGNMENT FOR BOWMAN ROAD;
(White - Daters engineering alignment for Bowman Road.)
with the Ordinance being read the first time, followed by a motion
from Director Priest to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Dailey and
adopted by unanimous vote of the Board Members present, being six in
number and two- thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Dailey and Priest,
respectively, and unanimously adopted by the Board Members present,
being six 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, there was an Aye and No Vote taken on the question, Shall
A1
22�
March 7, 1989, Cont'd.
the Ordinance Pass, with the results recorded as follows: Ayes -
Mayor Villines, Directors Priest, Benafield, Hollingsworth, Bussey and
Dailey - total 6; Noes - None; Absent - Director Shackelford - total
1. Therefore, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 15,648, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED SUITEMARK HOTEL (Z-
5152) 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;
(A parcel of land in Tracts 13, 20 and 29 of West Highland
Subdivision, located at the NW corner of Hardin Road and Financial
Centre Parkway, from 00-3" General Office to "PCD ".)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. 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. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Dailey and
Priest, respectively, to suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present, being six 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. The Aye and No Vote taken on passage
of the Ordinance received the following response: Ayes - Mayor
Villines, Directors Priest, Benafield, Hollingsworth, Bussey and
Dailey - total 6; Noes - None; Absent - Director Shackelford - total
1. Whereupon, the Ordinance was declared PASSED.
Ordinance No. 15,649 was the next presentation, with the title
being:
AN ORDINANCE AUTHORIZING THE DIVISIONS OF THE LITTLE ROCK
MUNICIPAL COURT TO LEVY FEES TO BE PAID BY PROBATIONERS;
(Fees to be not less than $15.00, nor more than $50.00.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Dailey, which 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. Upon second reading of the Ordinance there was a
subsequent motion by Director Dailey that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Priest seconded the motion which was adopted by unanimous vote of the
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 ensued, followed by an Aye and
No Vote taken on passage of the Ordinance, with the results recorded
as follows: Ayes - Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Bussey and Dailey - total 6; Noes - None; Absent -
Director Shackelford - total 1. The Ordinance was then declared
PASSED.
The next matter to be considered was a motion by Director
Benafield, seconded by Director Priest, to set a public hearing on
March 21, 1989, to consider projected use of 1989 CDBG funding and
reallocation of unused 1986 and 1987 CDBG Funds. The motion was
unanimously adopted by the Board Members present, and the public
hearing was secheduled for March 21, 1989 at 6:00 o'clock P. M. in the
Board of Directors Chamber.
The last matter to be considered was Resolution No. 8,116,
described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH GARVER & GARVER FOR ENGINEERING SERVICES FOR THE
METROCENTRE STREET IMPROVEMENTS;
(Contract price - $115,771.00)
and following the complete reading of the Resolution, a motion was
made by Director Bussey and seconded by Director Priest, that the
LJ
March 7, 1989, Cont'd.
Resolution be adopted. The Resolution was adopted by unanimous voice
vote of the Board Members present.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 7:05 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, March 21, 1989
at 6:00 o'clock P. M.
ATTEST: "u-1 (4 APPROVED: ��,QQ�,Nyq ew
City Clerk Jayne Czech Mayor Floyd G. Villines, III
i
J
222
Board of Directors Chamber
Little Rock, Arkansas
March 21, 1989 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth and Bussey - total 4;
Absent - Directors Shackelford and Dailey - total 2.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Director Bussey.
The first matter to be considered was the Consent Agenda,
consisting of the following items:
(a) The reading of the Minutes of the previous meeting held
March 7, 1989. ,
(b) The 1988 Audit Report of the Wastewater Utility.
(c) Resolution No. 8,117, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR REPAIR SERVICE AND REPAIR PARTS FOR FLEET
SERVICES.
(d) Resolution No. 81118, with the title being:
A RESOLUTION AUTHORIZING THE EXTENSION OF AN 8" WATER
MAIN 1300' ALONG IRONTON CUTOFF TO SERVE JARRETT -NEAL ENTERPRISES.
(e) Resolution No. 8,119, described as:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE NECESSARY DOCUMENTS TO RELINQUISH EASEMENTS ON CERTAIN
PROPERTIES LOCATED WITHIN THE CITY OF LITTLE ROCK, ARKANSAS.
(Sanitary Sewer Easements from Pleasant Valley Country Club; Tract 2,
Parkway Place; Mrs. Walter Mann; Don and Carolyn Kirkpatrick; and
Jasper S. and Irene Sanford.)
By a motion from Director Priest, seconded by Director Bussey, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows; (a) The Minutes of the
previous meeting held March 7, 1989, were approved as written and ,
summarized to the members of the Board of Directors; (b) The 1988
Audit Report of the Wastewater Utility was received and filed; and (c,
d & e) Resolutions No. 8,117, 8,118 and 8,119, were read in full and
unanimously adopted by the Board Members present.
No one was present to speak at the time allotted for Citizen
Communications.
A public hearing had been scheduled for this time and place to
consider a Zoning Appeal (Z- 4624 -A) filed by Willard Proctor, Jr., for
Regina Norwood and Rose Bickerstaff. The Appeal was filed as a result
of the Planning Commission's denial to rezone Lots 4 and 5, Block 11,
Josephine Pankey's 3rd Addition, located at 13441 Cantrell Road, from
"R -2" Single - family to "C -1" Neighborhood Commercial District, for a
laundromat. Mayor Villines declared the public hearing open and
Attorney Wendell L. Griffen was the only speaker. He spoke in
opposition to the rezoning and asked the Board to affirm the Planning
Commission's denial. Mr. Griffin said if the property is rezoned, it
will be "one spot" zoning. He stated that Ms. Barbara Douglass who
resides in Pankey, was unable to attend, but she also opposes the
proposal. No one else was present who wished to speak regarding the
proposed rezoning; the public hearing was declared closed; followed by
a motion from Director Bussey, seconded by Director Hollingsworth, 'to
accept and adopt the recommendation of the Planning Commission to deny
the rezoning of 13441 Cantrell Road, to "C -10 Neighborhood Commercial
District." The motion was unanimously adopted by the Board Members
present and the Ordinance to rezone was not presented.
77
C
March 21, 1989, Cont'
Ordinance No. 15,650 was the next presentation, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PRD DISTRICT TITLED HOLLINGER PRD (Z -5146) 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 -5146 - To rezone 1020 Commerce Street from current High Density
Residential District to PRD, Planned Residential District.)
with the Ordinance being read the first time, after which there was a
motion by Director Benafield for suspension of the rules and the
placing of the Ordinance on second reading. The motion was seconded
by Director Priest, and unanimously adopted by 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. A second reading of the
Ordinance followed, with a motion being made by Director Benafield,
again seconded by Director Priest, to further suspend the rules and
place the Ordinance on third and final reading. With the motion
having been unanimously adopted by 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 read the third and
last time. The resulting Aye and No Vote taken on passage of the
Ordinance is herein recorded as follows: Ayes - Director Bussey,
Mayor Villines, Directors Priest, Benafield and Hollingsworth - total
5; Noes - None; Absent - Directors Shackelford and Dailey - total 2.
Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 15,651, with the
title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR MODIFICATION OF STREET
DESIGN STANDARDS IN SECTIONS 31 -204, 31 -205 AND 31 -209
(Amendment to the Subdivision Ordinance to conform with the Master
Street Plan.)
and the Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Benafield, seconded by
Director Priest, and unanimously adopted by 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 again made by Director
Benafield, seconded by Director Priest, 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 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
last reading of the Ordinance. The passage of the Ordinance was then
submitted to an Aye and No Vote which resulted as follows: Ayes -
Director Hussey, Mayor Villines, Directors Priest, Benafield and
Hollingsworth - total 5; Noes - None; Absent - Directors Shackelford
and Dailey - total 2. It was then announced that the Ordinance had
PASSED.
Introduced next was Ordinance No. 15,652, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(2-3452 -B - 1.361 acres being part of Block 8, Santa Fe Park Addition
to the City of Little Rock, lying east of Natural Resources Drive,
from "0-2" Office and Institutional to "O-1" Quiet Office District.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Benafield and seconded by Director Priest, which was
unanimously adopted by 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. Upon second reading of the Ordinance, there
was a subsequent motion again made by Director Benafield that the
rules be further suspended and the Ordinance be placed on third and
final reading. Director Priest seconded the motion which 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
fr %✓l!
M G'¢
March 21, 1989, Cont'd.
Board of Directors - elect. A third and last reading of the Ordinance
ensued, followed by an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the response being: Ayes - Director Bussey,
Mayor Villines, Directors Priest, Benafield and Hollingsworth — total
5; Noes - None; Absent - Directors Shackelford and Dailey - total 2.
The Ordinance was then declared PASSED.
A motion was made at this time by Director Bussey, seconded by
Director Priest, to grant a request for waiver of the Board of
Director's policy on floodway dedication as reflected in Conditional
Use Permit Z -5147. The applicant for the Grant Street Apartments
Conditional Use Permit to be located on the south side of "H" Street
between North University and Buchanan Streets was Mr. Peyton E. Rice.
Mr. Rice met with the City Engineer and agreed that he would provide
an easement which would allow a radius at the southwest corner of the
property encompassing the creek bank. The motion was seconded by
Director Priest and the waiver of the floodway dedication was granted
by unanimous vote of the Board Members present.
A proposed Ordinance was the next presentation, entitled:
AN ORDINANCE APPROPRIATING FUNDS ON HAND AND AMENDING THE 1989
BUDGET ORDINANCE;
and the Ordinance was read the first time. Director Benafield read a
prepared statement and asked the Board of Directors to review his
proposal before the next Board Meeting. His proposal recommended
reducing the City subsidy of sanitation fees by $1.00 per month, which
would raise $330,000 over six months; increasing the cable television
franchise tax to 58 for $180,000 the last nine months of this year;
and charging the City Wastewater Utility a 58 payment in liew of
taxes, which would be $280,000 for six months. There was no further
discussion and the Ordinance remained on the calendar for second
reading. (Director Benafield's statement of Alternate Budget
Proposals was filed with the City Clerk.)
Ordinance No. 15,653 was considered, with the title being:
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;
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Benafield, and 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.
Upon second reading of the Ordinance, there was a subsequent motion
again made by Director Priest, seconded by Director Benafield, that
the rules be further suspended and the Ordinance be placed on third
and final reading. The motion was unanimously adopted by 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; whereupon, the
Ordinance was read the third and last time. An Aye and No Vote was
taken on the passage of the Ordinance which resulted as herein
recorded: Ayes - Director Bussey, Mayor Villines, Directors Priest,
Benafield and Hollingsworth - total 5; Noes - None; Absent -
Directors Shackelford and Dailey - total 2.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Director Bussey, Mayor Villines, Directors Priest, Benafield
and Hollingsworth - total 5; Noes - None; Absent - Directors
Shackelford and Dailey - total 2. It was then announced that the
Ordinance, together with the Emergency Section had PASSED.
Consideration was then given to Resolution No. 8,120, containing
the following caption:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE
NECESSARY DOCUMENTS FOR THE SALE OR TRANSFER OF PROPERTY WHICH ACTS AS
SECURITY ON ARKANSAS TOURISM REVENUE BONDS, SERIES 1981, ISSUED ON
BEHALF OF MARKHAM INN, INC.;
(Regarding the consent to the sale or transfer of Markham Inn, Inc.)
L'
P
March 21. 1989. Cont'd.
and there was a complete reading of the
by Director Priest and seconded by
Resolution be adopted. The motion was
vote of the Board Members present.
Resolution. A motion was made
Director Bussey, that the
unanimously adopted by voice
City Clerk Cindy Remler of Fort Smith, Arkansas, was present at
the meeting and was recognized by Mayor Villines.
The last matter to be considered was a public hearing scheduled
for this time and place on the expenditure of 15th Year (1989 -90)
Community Development Block Grant Funds, and the reallocation of funds
from previous years. When Mayor Villines declared the public hearing
open, he stated the Board would not be voting tonight on the
Resolution approving the various projects and allocations. Director
Hollingsworth advised that he would have to abstain from consideration
of this issue because of his law partner's interest in the improvement
district involved; therefore, he would not participate in the
discussion or vote on the matter. Mr. John M. Rapp, the assessor for
Sewer Improvement District No. 147, requested a grant of $400,000.00
which would reduce the annual assessment of a vacant lot from $181.00
to below $100.00. The average value of a house in the district is
$20,000.00, and the assessment of approximately $457.00 would be
reduced to slightly below $200.00. Upon question by Mayor Villines,
Mr. Rapp said he was seeking modification of the CDBG Funds to provide
for the $400,000.00 grant. Mr. Gregory Ferguson, 2817 West Capitol
Avenue, Chairman of the Woodruff School CDBG Neighborhood, said
funding an improvement district outside of the CDBG Neighborhood would
be setting a bad precedent and "negate our efforts." He asked that
the CDBG Funds be allocated as presented to the Board. Mr. E. L.
Freeman, 2020 Junior Deputy Road, spoke in support of help for Sewer
Improvement District No. 147. Mr. Bill Gaddy, 125 Johnson Street, a
member of Woodruff School CDBG Neighborhood, said there are low income
people in his neighborhood on fixed incomes, and asked that CDBG Funds
be expended as proposed. Ms. Sherry Anhalt, 2111 Nichols Street,
whose property is within District No. 147, asked for financial help.
Mrs. Johnnie Pugh, 2500 Booker Street, which is within the Stephens
School CDBG Area, expressed hope that any unencumbered funds would be
allocated for people within Sewer Improvement District No. 147. Mr.
Frank Daley, a Commissioner for District No. 147, told the Board "we
have a special need and are asking for $400,000.00." At this point in
the meeting Mr. Nathaniel Hill, Director of Human and General
Services, explained that certain areas have been designated as CDBG
Neighborhoods, but the improvement district was not designated a CDBG
Area. He further advised that District No. 147 was ineligible for the
money because its improvement project already was under way. Also,
the district failed to meet certain criteria for grant money such as
failure to participate in public hearings, to get competitive
engineering bids and to do an environmental assessment. Mr. Daley
speaking on behalf of the district said the residents would apply for
a waiver and were not informed of public hearings. He also said a
representative of the federal Housing and Urban Development Department
had said the project would qualify for funding. Mayor Villines
commented that "we have captured some areas by our own growth." Upon
question by Mayor Villines, Mr. Hill said no CDBG Funds have been
spent outside the CDBG Areas. City Manager Tom Dalton and City
Attorney Mark Stodola were asked to investigate the discrepancy
regarding the eligibility of funding for the improvement district and
report back to the Board.
At this point, Mayor Villines introduced Representative James H.
Reet, III, of District No. 58, who was visiting the Board Meeting. He
expressed appreciation to Representative Keet for the work he did in
the 1989 General Assembly of Arkansas.
The public hearing continued and Ms. Paula Potenger, 132 South Woodrow
Street, a member of Woodruff School CDBG Neighborhood, stated she was
present "to support the system of people who live in the area." All
Mr. Daniel F. Nash, 4722 Atwood Road, wanted was help so people
wouldn't lose their homes. Mr. Odell Harris of the Pankey CDBG
Neighborhood, praised the program and expressed appreciation for what
has been done and said he would like to push the program. Mr. Tom
Williams, 4623 Bowers Street, said his area waited fifteen years for
drainage and street improvements that they now enjoy while the people
in District No. 147 have only been in the City two years. In closing
he said he would like to live where they do, referring to the
proximity of a proposed large development. Mr. Mike Roberts, 3912
Foster Street, felt areas should be designated CDBG Neighborhoods in
order to receive CDBG Funds, and asked the Board to follow the Staff's
of. 4., 5
N G
March 21. 1989. Cont'd.
recommendations for CDBG allocations. Mr. Scott Holladay, 2422
Louisiana Street, President of the Downtown Neighborhood Association,
commented that the primary problem in that area is housing
rehabilitation. Rev. Reese Witherspoon, Jr., 1900 South Buchanan
Street, appealed to the Board to approve the CDBG expenditures as
proposed. Mr. Charles Bowen, 1809 South Tyler Street, was the last to
speak. Mr. Bowen is the Chairperson of the Oak Forest CDBG
Neighborhood. He asked the Board to investigate the large piece of
property to the north, and was concerned with the large amount of
vacant lots in District No. 147. There was no further discussion,
Mayor Villines declared the public hearing closed, and the Resolution
approving the allocation of CDBG Funds will be presented at the April
4, 1989, Board of Directors Regular Meeting.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 7:35 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, April 4, 1989,
at 6:00 o'clock P. M.
ATTEST: F'J--
441�
APPROVED:
City Clerk Jane Czech Mayor Floyd G. Villines, III
r,
Board of Directors Chamber
Little'Rack, Arkansas
March 31, 1989 - 9:00 A. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in Special Session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called _the roll with the following Directors= present:
Directors Priest, Benafield, Hollingsworth, Shackelford and Dailey -
total 5; Absent - Director Bussey - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session and announced the purpose of the meeting was to
consider an Ordinance to appropriate $150,000.00 to the War Memorial
Stadium Commission for emergency repairs to the Stadium, to protect
the health, safety, and welfare of the public. (Members of the Board
of Directors and the news media were notified by the Public Relations
Office on Thursday, March 30th.)
IIIII To begin the meeting Mayor Villines reviewed the proposed
agreement for repairs to the Stadium. He explained the total cost of
repairs would be $250,000.00, with the City of Little Rock
appropriating $150,000.00, and the Greater Little Rock Chamber of
Commerce providing $100,000.00 through fund raising. The emergency
expenditures-were $68,250.00 for deteriorated concrete and $115,000.00
for electricalirepairs totalling $181,250.00. The'Stadium Commission
is to provide $30,000.00, `1eaving'•$153,250.00: •Subtracting- -thb
$153,250.00 from the total cost of $250,000.00, leaves a balance of
$96,750.00, which is committed toward the weatherizing project. Mayor
Villines said the balance of the dollars needed to weatherize would be
provided by the University of Arkansas at Fayetteville by a $2.00
surcharge per ticket during the 1990 -91 Season, conditioned upon
legislature addressing other priority needs in a Special Session later
this year. Mayor Villines advised that before the proposed Ordinance
to appropriate the $150,000:00 was presented, there would be
discussion among Board Members.
Director Benafield opened the discussion saying he would have
questions, but reserved them along with his comments, until others
have spoken. Director Dailey looked upon the situation as an
opportune time for the Board to send a signal to the State and to the
General Assembly that we are considering some of the fences that must
be mended and some of the bridges that must be bridged, as we have had
our somewhat difficult times in legislative sessions. He felt it
important to send the signal to say, "we as a city are interested in
participating in things that really impact us, more as a team, more as
a partnership arrangement within the State; rather than saying 'this
is the State's, or this is ours'." Further, that we are saying that
we will work with the General Assembly in the future to try to learn
their problems, and hopefully that they will try to understand ours,
and that we will begin a communication that will pay dividends to us
in the future: Director Priest commended the private sector through
the leadership of the Chamber,of Commerce for playing a role where we
can all work together to attain the solution to the problem. Director
Shackelford expressed her support to show cooperation, and not as an
obligation. She said several things are involved, but felt the City
must keep its good faith and good name, and reminded that the
University of Arkansas at Pine Bluff Classic to be held at the Stadium
will benefit the entire State; also, the Billy Graham Crusade is to be
held at the Stadium in September. Director Hollingsworth said he
understood we are just contributing money to help the State undertake
some repairs. City Manager Tom Dalton advised that these funds and
those from the private sector will be controlled by the State. At
this point, Director Hollingsworth made a motion that another whereas
clause be added to the Ordinance as follows: "Whereas, the State of
Arkansas needs assistance on an emergency basis and the City wishes to
support the State in this emergency at this time." The motion was
seconded by Director Shackelford and was adopted by the Board Members
present.
Director Bussey was enrolled.
The discussion continued with Director Benafield sharply opposing the
proposed appropriation, and reminding that the City faces a $1,160,000
budget cut this year and $4,000,000 to $5,000,000 in cuts next year.
MARCH
1. 1989. Cont'd.
He expressed his feeling that what is being done would not only be
improper, but also very irresponsible. He stated the City is facing a
very serious situation and this will set a precedent we'll live to
regret and those who follow us for many years; adding, it's certainly
not necessary. Director Benafield commented that the Stadium is a
State owned facility, and the State Legislature didn't think the
repairs were severe enough to merit funding when it rejected a
$3,900,000 request for major renovations to it. He pointed out that
the Governor has an emergency fund and if he believes it is important,
he can find it. "There is no doubt in my mind that the Razorbacks
will play in Little Rock if the Board does.not approve this $150,000,"
he said. Referring to the City Advertising and Promotion, Director
Benafield said $150,000 could go a long way in marketing the City, and
commended them for their very successful marketing procedures. In
response to Director Benafield's comments, Director Hollingsworth
said, "I don't look at this particular action as a precedent, but I do
see the City really joining with or helping the private sector and
Chamber of Commerce in helping the State on an emergency basis." He
closed.by= saying the timing is bad, :_but,the.State is -also in a-- crunch.
Mr. Say iMcIntosh,spoke in.bitter.opposition,to .the - appropriation:. •He
said he thought the Board was wrong to4spend..money to -keep Razorback
football games in Little Rock when there are little children in the
City who are afraid to go to sleep at night because of crime. He
accused the Board of giving crime a lower priority and said the money
would be better spent for fighting crime in the Highland Courts
Housing Project. Mayor Villines responded to Mr. McIntosh's
accusations by pointing out that -the DARE and Annie Casey Foundation
Projects are helping to fight crime. He also said Police Chief Louie
Caudell. -is.. going -to, provide ..the: ,Board with -• -a report in- thei -next two
weeks, and the Board will respond. Director Benafield commended Mr.
McIntosh for his concerns for children. Director Hollingsworth said,
"this is not just about football - it's about the City." Director
Dailey ended the discussion with, "this is a symbol of a cooperative
spirit between the City and State." Ordinance No. 15,654 was then
presented, entitled:
AN ORDINANCE AUTHORIZING THE APPROPRIATION OF UP TO $150,000 TO
THE WAR MEMORIAL STADIUM COMMISSION FOR THE EXPENDITURE ON EMERGENCY
REPAIRS NECESSARY TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF THE
PUBLIC;
and after a first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Priest, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number-and ,two- thirds or more.. of- the - -- members of. the Board of
Directors - elect, ..and the .-second - reading -of. thei - Ordinance - - ensued. - -A
subsequent motion was made by. Director Priest- tor- further.- suspend -.•the
rules and place the Ordinance on third and final reading, which motion
was seconded by Director Shackelford, and adopted by unanimous vote of
the members of the Board of Directors - elect. There was a third and
last reading of the Ordinance after which an Aye and No Vote was taken
on passage of the Ordinance with the response being: Ayes - Directors
Priest, Hollingsworth, Bussey,•Shackel-ford, Dailey and Mayor Villines
- total 6; Noes - Director Benafield - total 1; Absent - None.
Whereupon,. -the Ordinance was declared PASSED.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 9:50 o'clock A. M., with the Board
of Directors to convene in regular session on Tuesday, April 4, 1989
at 6:00 o'clock P. M.
ATTEST: APPROVED:
City Clerk Jane Czech Mayor Fl0 G
' ` V 94f 4,
Villines, III
t
22�
Board of Directors Chamber
Little Rock, Arkansas
April 4, 1989 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth, Bussey, Shackelford and
Dailey - total 6; Absent - None.
With a quorum present, Mayor Villines declared the Board of
Directors in session. 11111
The Invocation was given by Director Shackelford.
The first matter to be presented was the Consent Agenda,
consisting of the following items:
(a) The reading of the Minutes of the previous meeting held
March 21, 1989 and the Special Meeting held March 31, 1989.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of February, 1989.
(c) The Audit Report of the Little Rock Port Authority for 1988.
(d) Resolution No. 8,121, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE NECESSARY DOCUMENTS GRANTING AN EASEMENT TO AT &T FIBER
OPTIC CABLE OVER LANDS AT RIVER MOUNTAIN PARK.
(e) Resolution No. 8,122, with the title being:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE NECESSARY DOCUMENTS TO GRANT AN EASEMENT FOR DRAINAGE AND
STORMWATER DETENTION PURPOSES ON LANDS OWNED BY THE CITY FOR USE OF
THE PORT AUTHORITY; AND AUTHORIZING THE TRANSFER OF TITLE TO THE LANDS
TO PICRON PROPERTY OWNERS, ADJACENT TO THE PORT AUTHORITY INDUSTRIAL
PARK.
(f) Resolution No. 8,123, described as:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE NECESSARY DOCUMENTS GRANTING A WATER AND SEWER EASEMENT TO
PROPERTY OWNERS IMPROVEMENT DISTRICT NO. 247 OF PULASKI COUNTY1
ARKANSAS.
(g) Resolution No. 8,124, containing the following title:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF A LOADER BACKHOE AND
ASPHALT SPREADER FOR THE DEPARTMENT OF HUMAN AND GENERAL SERVICES,
FLEET SERVICES DIVISION; THE REHABILITATION OF A CITY OWNED HOUSE
(CDBG) FOR THE DEPARTMENT OF HUMAN AND GENERAL SERVICES; AND THE
ANNUAL CONTRACT FOR POLICE UNIFORMS FOR THE LITTLE ROCK POLICE
DEPARTMENT. (Backhoe and Spreader - Contracts to Capital Ford New
Holland, Inc. - $51,030.35 and Clark Machinery Company - $77,971.28,
respectively; City Owned House - Doyne Construction Company -
$27,670.00; Police Uniforms - Various Bidders.)
(h) Resolution No. 8,125, entitled:
A RESOLUTION AUTHORIZING THE LITTLE ROCK PRIVATE
INDUSTRY COUNCIL TO EXPEND $1,089,377 OF TITLE IIA JOB TRAINING
PARTNERSHIP ACT (JTPA) FUNDS FOR EDUCATION AND TRAINING SERVICES TO
DISADVANTAGED YOUTH AND ADULTS,AND OTHER INDIVIDUALS WITH EMPLOYMENT
BARRIERS; AND AUTHORIZING THE COUNCIL TO EXPEND TITLE III FUNDS FOR
THE PROGRAM YEAR 1989 (JULY 1, 1989 - JUNE 30, 1990) IN THE AMOUNT OF
$110,675 FOR EMPLOYMENT AND TRAINING ASSISTANCE FOR DISLOCATED
WORKERS.
2130
APRIL 4 1989 Cont'd.
(i) Resolution No. 8,126, with the title being:
A RESOLUTION APPROVING THE VARIOUS PROJECTS AND
ALLOCATIONS OF FUNDS AS PROVIDED FOR IN THE CITY OF LITTLE ROCK'S
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR THE FIFTEENTH
YEAR (1989 -90); REALLOCATING FUNDS FOR PREVIOUS YEARS; APPROVING THE
CDBG APPLICATION AND AUTHORIZING THE FILING OF THE APPLICATION FOR
SUCH FUNDS.
By a motion from Director Priest, seconded by Director Bussey, which
was adopted by unanimous vote of the Board Members present, Items at
b, c, d, e, f, g and h, were dispensed with as follows: (a) The
Minutes of the March 21, 1989 Regular Meeting, and the March 31, 1989
Special Meeting, were approved as written and summarized 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 February, 1989, was received and filed; (c) The Audit Report of
the Little Rock Port Authority for 1988 was received and filed; (d, e,
f, g and h) Resolutions No. 8,121, 8,122, 8,123, 8,124 and 8,125 were
read in full and unanimously adopted by the Board Members present; and
(i) Resolution No. 8,126 was read in full and adopted by a voice vote
of six ayes with Director Hollingsworth abstaining.
At the time allotted for Citizen Communications, Rev. David Ward,
on behalf of Unity Missionary Baptist Church, 1223 South Garfield
Street, was the first to speak. He stated he filed a petition on
April 3, 1989, to vacate a portion of Garfield Street and a portion of
West 13th Street for expansion of the Church property, and asked the
Board to adopt a Resolution setting the date for public hearing on the
closure at the April 18th Board Meeting, so the project will not be
further delayed. These rights -of -ways were reviewed by the Planning
Staff and previously approved for closure by the Planning Commission
as part of the Urban Renewal Project for University Park South as
established in this area of the City several years ago. The Board
unanimously agreed to consider the Resolution, No. 8,127, as follows:
A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO
VACATE AND CLOSE A PORTION OF GARFIELD STREET AND A PORTION OF WEST
13TH STREET IN COX'S SUBDIVISION OF TAYLOR & BODEMAN'S ADDITION TO THE
CITY OF LITTLE ROCK, ARKANSAS; (April 18, 1989)
following the reading of the Resolution, Director Dailey moved,
seconded by Director Priest, that the Resolution be adopted. The
Resolution was adopted by unanimous voice vote of the Board of
Directors present.
Mr. Odes Perry, 11619 Ponderosa Street, had also filed a petition
to vacate a street for development of a subdivision. In order that
the project would not be delayed, he requested the Board to adopt a
Resolution to set the date for public hearing on April 18th, to vacate
and close all of 23rd Street between Blocks 10 and 11 of Pine Hill
Addition to the City, lying between the originally platted right -of-
way centerlines of Gilman and Potter Streets. The Planning Commission
approved the Plat on April 4, 1989. The Board of Directors complied
with Mr. Perry's request and Resolution No. 8,128 was presented,
entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO
VACATE AND CLOSE 23RD STREET BETWEEN GILMAN AND POTTER STREETS, IN
PINE HILL ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; (April 18,
1989)
and there was a complete reading of the Resolution. A motion was made
by Director Benafield and seconded by Director Shackelford, that the
Resolution be adopted. Mayor Villines called for a voice vote and the
Resolution was unanimously adopted by the Board Members present.
Mr. Johnny Reep, President of Little Rock Firefighters Local 34,
presented a letter to the Board of Directors asking that previous
health insurance benefits be restored. The letter stated that members
of Local 34 have expressed their desire to regain the health insurance
benefits that were provided during 1988 and January and February of
1989. Also, that Local 34 members will be willing to pay an
additional $10.23 per month toward their portion of the health plan.
City Manager Tom Dalton told the Board the insurance plan was mutually
agreed to, and Mr. Reep could ask Britt Rice, Director of Personnel,
to reopen discussions.
L'
1
APRIL 4, 1989, Cont'd.
A group of residents in Sewer Improvement District No. 147 was
again present to ask for financial assistance from Fifteenth Year
Community Development Block Grant Funds, or funds from previous years,
to reduce high property assessments. Those addressing the Board were:
Mr. Frank Daley, 6 Buckthorn Drive; Morris Lavender, Sr., 2115 Nichols
Road; Daniel F. Nash, 1214 Nichols Road; Sherry Anhalt, 2111 Nichols
Road; E. A. Lauderdale, 2023 Nichols Road; and Irene Morgan, 2113
Wilson Road. Mayor Villines advised the group that the Department of
Housing and Urban Development has advised that the project is
ineligible for CDBG Funds. He did, however, assure the group that the
Board is working hard to find a way to assist the residents, but CDBG
is not the answer. Mr. Daniel Nash said if the tax is not paid by
April 17th, a 35% penalty will be due. Mayor Villines asked City
Attorney Mark Stodola to check with the Pulaski County Collector to
determine if the penalty will be charged. Director Shackelford said
she was committed to try to find a way to help. Mayor Villines told
the group the Board of Directors would continue to look at the
problem.
Attorney John Walker, 1723 Broadway, addressed the Board saying
the issue he is concerned about is not officially on the Agenda, but
is the question of the location of a new public park. He asked that
the matter not be put on the Agenda until other people have been
afforded notice and an opportunity to relate to it. Mayor Villines
responded that it was his understanding the issue would be added to
the Agenda, but a vote would not be taken. Mr. Walker asked that this
not even be done until proper notice is given. He referred to private
conversations and the interests to be had from them. He asked if
these proposed sites are within the City of Little Rock. Mr. Walker
said park negotiations should be conducted publicly and questioned the
propriety of buying land outside the city limits, speculating on the
related racial impact. He further commented that a west Little Rock
park would further divide the city racially and economically, and
called for a full demographic study. Some concerns have been raised
because the Staff recommended site of 450 acres adjacent to Lawson
Elementary School on Lawson Road, is farther south than the west
Little Rock area described in the Bond Issue; and, because a 200 -acre
site was mentioned in the advertisement for a site. Mr. Charles
"Chuck" Wood, Quapaw Towers, also spoke regarding the park site.
Referring to confusion on the matter, he said the area mentioned in
the paper "this morning" is the wrong location. He further said, "my
hope is that the Board will give more time to select the location."
Upon question by Director Shackelford, City Manager Tom Dalton advised
that it was a mistake in advertising for 200 acres, and asked the
Board for some strong and clear direction if re- advertised. Director
Bussey said he wanted to use the "Linkous Rule" and put the park issue
on the Agenda, because he was tired of the confusion. Director
Shackelford wanted to know, "where are we legally after advertising
for only 200 acres." Director Benafield asked City Attorney Mark
Stodola to contact Bond Counsel (Friday Law Firm) and find out if they
have any concerns about 200 acres, 250 acres, Southwest Little Rock,
West Little Rock, East Little Rock, North Little Rock, Northwest
Little Rock, or .wherever, but "lets get some kind of directive from
the Bond Counsel which would be helpful." Mr. Stodola said he would
be happy to get it. He further said, "the threshold question this
Board needs to address is, is the recommended site in western Little
Rock ?" If the Board decides it is in western Little Rock, then we
move on to the next two issues - "is it a major metropolitan park
which would be defined professionally as amenities to provide to the
citizens and secondly, does it meet an absolute indication in the
supporting documentation other than it be a minimum of 250 acres."
The Board Members then had a general discussion and agreed to PLACE
THE ISSUE ON THE APRIL 12, 1989 AGENDA.
Boy Scout Troop No. 329 was present to observe the Board Meeting
and was recognized by Mayor Villines.
The first matter following Citizen Communications was Zoning
Application z- 3615 -A filed by John V. Schlereth, to rezone Lot 11,
Block 8, Elmhurst Addition located on West Markham and Ash Streets,
from "C -1" Neighborhood Commercial District to "C -3" General
Commercial District. The Planning Commission approved the application
on March 7, 1989. Mr. Jim McKenzie, 1605 Kavanaugh, a member of
Hillcrest Property Owners Association, asked the Board to defer the
request for two weeks so his organization could review it. He
complained that the property owners association was not notified of
this zoning change. It was pointed out to Mr. McKenzie that only
property owners within 200 feet of the property to be rezoned, are
00 1
232
APRIL 4. 1989, Cont'd.
required to be notified. A brief discussion followed regarding
notification procedures and it was the consensus that notification of
property owners associations could get too involved. Mr. Schlereth
explained this proposal was begun in January, and there were no
objectors from the neighborhood. The three lots were replatted into
one and a buffer was provided. He asked the Board to vote on the
rezoning "this evening." There was no further discussion and
Ordinance No. 15,655 was presented, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 3615 -A - Lot 11, Block 8, Elmhurst Addition, location at Markham
and Ash Streets, from "C -1" to "C -3" General Commercial District.)
with the Ordinance being read the first time, followed by a motion
from Director Benafield to suspend the rules and place the Ordinance
on second reading. The motion was seconded by Director Bussey and
adopted by unanimous vote of the Board Members present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Benafield and
Bussey, respectively, and unanimously adopted by the Board Members
present, being seven 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, there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Directors Shackelford, Dailey, Mayor Villines, Directors Priest,
Benafield, Hollingsworth and Bussey - total 7; Noes - None; Absent -
None. The Ordinance was then declared PASSED.
Zoning Application Z -5132 from Archie B. and Eloise Hogue was
introducted next. The application to rezone 8123 Chicot Road (long
legal description), from "R -2" Single - family District to "C -4" Open
Display District, was approved by the Planning Commission on March 7,
1989. No opposition to the rezoning was presented and Ordinance No.
15,656 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;
(Z -5132 - To rezone 8123 Chicot Road, from "R -2" Single - family to "C-
4" open Display District.)
and after a first reading of the Ordinance, there was a motion by
Director Benafield, seconded by Director Bussey, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Benafield and
Bussey, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being seven 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. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes. - Directors Shackelford, Dailey, Mayor Villines, Directors
Priest, Benafield, Hollingsworth and Bussey - total 7; Noes - None;
Absent - None. Whereupon, the Ordinance was then declared PASSED.
The next presentation was Zoning Application Z -5143, filed by
David G. Paul with title to the property vested in Madden
Manufacturing Company. The application requested the reclassification
of 9600 Geyer Springs Road (long legal description), from "R -2"
Single - family District to "0-3" Office and Institutional and "OS" Open
Space Districts. The Planning Commission approved the zoning change
on March 7, 1989. No one opposed the reclassification and Ordinance
No. 15,657 was presented, containing the following caption:
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;
APRIL 4. 1989. Cont'd.
(Z -5143 - To rezone 9600 Geyer Springs Road, from "R -2" Single - family
District to "0-3" Office and Institutional and "OS" Open Space
Districts.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Benafield and seconded by Director Hussey, which was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect. Upon second reading of the Ordinance, there
was a subsequent motion by Director Benafield that the rules again be
suspended and the Ordinance be placed on third and final reading.
Director Hussey seconded the motion which was adopted by unanimous
vote of the members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors- elect. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Shackelford,
Dailey, Mayor Villines, Directors Priest, Benafield, Hollingsworth and
Bussey - total 7; Noes - None; Absent - None. The Ordinance was
then declared PASSED.
Consideration was then given to Zoning Application Z -5155 filed
' by James I. Morton for Ruth W. Roadt, to rezone 6102 Young Road
described as Lot 6, Replat of Tract 8, Home Acres Subdivision to
Little Rock, from "R -2" Single - family to "1 -2" Light Industrial
District. The application was approved by the Planning Commission on
March 7, 1989. No opposition was presented to the rezoning and
Ordinance No. 15,658 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 -5155 - 6102 Young Road (Lot 6, Replat of Tract 8, Home Acres
Subdivision to Little Rock, from "R -2" Single - family to "I -2" Light
Industrial District.)
with the Ordinance being read the first time, after which there was a
motion by Director Benafield for suspension of the rules and the
placing of the Ordinance on second reading. The motion was seconded
by Director Bussey, and unanimously adopted by members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect. A second reading of the
Ordinance followed, with a motion being made by Director Benafield,
again seconded by Director Bussey, to further suspend the rules and
place the Ordinance on third and final reading. With the motion
having been unanimously adopted by members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect, the Ordinance was read the third and
last time. The resulting Aye and No Vote taken on passage of the
Ordinance is herein recorded as follows: Ayes - Directors
Shackelford, Dailey, Mayor Villines, Directors Priest, Benafield,
Hollingsworth and Bussey - total 7; Noes - None; Absent - None. The
Ordinance was then declared PASSED.
The next presentation was Zoning Application 2-5156 to rezone a
parcel on West Markham Street and Shackleford Road (long legal
description being part of Block 13 of West Markham Street
Subdivision), from "R -2" Single- family District to "C -3" General
Commercial District. The application was filed by Mr. George M. West
for Texaco Refining & Marketing, Inc., and received approval of the
Planning Commission on March 7, 1989. No opposition was presented to
the reclassification and Ordinance No. 15,659 was introduced,
entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5156 - A parcel on West Markham Street and Shackleford Road being
part of Block 13 of West Markham Street Subdivision, from "R -2"
Single - family District to "C -3" General Commercial District.)
and after a first reading of the Ordinance, there was a motion by
Director Benafield, seconded by Director Bussey, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
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234
APRIL 4, 1989, Cont'd.
number and two- thirds or more of the members of the Board of
Directors- elect, and the second reading of the Ordinance ensued. A
subsequent motion was made by Director Benafield, again seconded by
Director Hussey, to further suspend the rules and place the Ordinance
on third and final reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
There was a third and final reading of the Ordinance after which an
Aye and No Vote was taken on the question, Shall the Ordinance Pass,
with the results recorded as follows: Ayes - Directors Shackelford,
Dailey, Mayor Villines, Directors Priest, Benafield, Hollingsworth and
Bussey - total 7; Noes - None; Absent - None. Mayor Villines then
announced that the Ordinance had PASSED.
Zoning Application Z- 3947 -B was next considered to repeal a
Planned Residential District titled "Oak and West 6th Street PRD ", and
rezone the two lots located at 525 Oak Street back to "R -3" Single -
family District. The application was filed by Mr. E. A. Branton for
Country Homelands, Inc. and received approval of the Planning
Commission on March 7, 1989. No one was present to oppose the
rezoning and Ordinance No. 15,660 was presented containing the
following caption:
AN ORDINANCE REPEALING ORDINANCE NO. 14,415 AND REVOKING A PRD
DISTRICT TITLED "OAK AND WEST 6TH STREET PRD" (Z- 3947 -B) IN THE CITY
OF LITTLE ROCK, ARKANSAS;
(Z- 3947 -B - To rezone and restore 525 Oak Street to 'R -3° Single -
family District from "PRD ".)
and said Ordinance was read the first time, followed by a motion from
Director Shackelford, seconded by Director Dailey, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Shackelford, seconded by Director
Dailey, and unanimously adopted by members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect. The Ordinance was read the third and
last time, and there was an Aye and No Vote taken on the passage of
the Ordinance, with the response being: Ayes - Directors Shackelford,
Dailey, Mayor Villines, Directors Priest, Benafield, Hollingsworth and
Hussey - total 7; Noes - None; Absent - None. The Ordinance was
then declared PASSED.
The last Zoning Application Z- 4807 -A to be considered was filed
by Attorney Mark W. Spadley for Mr. John W. Shackleford, to rezone
Shackleford Farms at Kanis Road and Rock Creek Parkway, from "R -2"
Single - family, "R -3" Single - family, "MF -6" and "MF -12" Multi- family
and "0-2" General Office Districts to "R -2" and "R -3" Single - family,
"MF -6" and "MF -18" Multi- family, "0-2" General Office, "C -1"
Neighborhood Commercial, "C -3" General Commercial and "OS" Open Space
Districts. The proposal received the approval of the Planning
Commission on March 7, 1989, with the Staff recommending denial of "C-
1" and "C -3" Districts. Director Hollingsworth announced that he
would be abstaining on this issue and Ordinance No. 15,661 was
presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. Mr. Gary Greeson, Director
of Comprehensive Planning, displayed maps of the project and explained
proposed zoning changes. Director Dailey referred to the PUD concept
in discussions on Highway No. 10 properties and said he wanted the
Board, Planning Commission and Staff, to know that the Dailey
amendment to Director Shackelford's Resolution (No. 8,103, adopted 2-
7-89) in no way was intended, at that time, (even though that one is
still vague and not fully adopted) to set a policy that we were
attempting to adopt in all other parts of the City. In Mr. Greeson's
remarks, he said the Highway No. 10 Plan has been treated more
strictly than the Rock Creek Corridor; adding, "we do think you should
consider PUD's on Rock Creek Parkway." Director Shackelford advised
that she would vote for a PUD, but would not vote for it as it is.
235
1
APRIL 4, 1989, Cont'd.
Upon question by Mayor Villines, Attorney Mark Spradley representing
the applicant, said that a PCD would not be acceptable. He felt the
project represented excellent planning, and gave an overview of the
road network contained in the project.
At 8:30 o'clock P. M., Mayor Villines announced there would be a
ten minute recess. When the Board of Directors reconvened at 8:40
o'clock P. M., Mayor Villines presided and the following Directors
answered roll call: Directors Priest, Benafield, Hollingsworth,
Bussey, Shackelford and Dailey - total 6; Absent - None.
The discussion on the Shackleford Farms zoning application continued.
Mr. Spradley said this property should not be compared with Highway
No. 10. Mayor Villines responded that he did not have this confused
with Highway No. 10 and did not feel it is capricious. Director
Shackelford was not opposed to the whole project, and suggested the
Ordinance be amended to allow for "C -3" and "C -1" parcels to be a PUD,
or amend the Ordinance to remove Blocks 32 and 51 from the Ordinance.
Following the lengthy discussion a motion was made by Director
Benafield for suspension of the rules and the placing of the Ordinance
on second reading. The motion was seconded by Director Dailey, and
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors- elect. A second reading of the Ordinance followed,
with a motion again being made by Director Benafield and seconded by
Director Dailey, to further suspend the rules and place the Ordinance
on third and final reading. With the motion having been unanimously
adopted by members of the Board of Directors - elect, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, the Ordinance was read the third and last time. The
resulting Aye and No Vote taken on passage of the Ordinance received
the following response: Ayes - Director Dailey, Mayor Villines,
Directors Benafield and Bussey - total 4; Noes - Directors
Shackelford and Priest - total 2; Abstentions - Director
Hollingsworth - total 1; Absent - None. Whereupon, the Ordinance was
declared PASSED.
Consideration was then given to Ordinance No. 15,662, entitled:
AN ORDINANCE AMENDING THE UPPER ROCK CREEK AND I -430 LAND USE
PLANS IN AN AREA SOUTH OF KANIS, WEST OF I -430 AND NORTH OF BRODIE
CREEK, AS RECOMMENDED BY THE PLANNING COMMISSION.
(Alternate Nos. 2 and 3 appearing on the Agenda were not presented.)
and after a first reading of the Ordinance, there was a motion by
Director Bussey, seconded by Director Priest, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present being seven in
number and two - thirds or more of the members of the Board of
' Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Director Bussey
and Dailey, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being seven 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. The Aye and No Vote
taken on passage of the Ordinance is recorded as follows: Ayes -
Directors Shackelford, Dailey, Mayor Villines, Directors Priest,
Benafield, Hollingsworth and Bussey - total 7; Noes - None; Absent -
None. The Ordinance was then declared PASSED.
Ordinance No. 15,663 was presented, described as:
AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE
BIDDING AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO
AMERICAN MANAGEMENT SYSTEMS, INC. FOR COMPUTER SOFTWARE MAINTENANCE;
(Contract for one year at a cost of $28,215.00)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Bussey, and by unanimous vote of the
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Dailey, seconded by Director Benafield, that the
1 11111 rules be further suspended and the Ordinance be placed on third and
236
APRIL 4, 1989, Cont'd.
final reading. The motion was unanimously adopted by members of the
Board of Directors present, being seven in number and two- thirds or
more of the members of the Board of Directors - elect; whereupon, the
Ordinance was then read the third and last time. An Aye and No Vote
was taken on passage of the Ordinance which resulted as herein
recorded: Ayes - Directors Shackelford, Dailey, Mayor Villines,
Directors Priest, Benafield, Hollingsworth and Bussey - total 7; Noes
- None; Absent - None. Therefore, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 15,664, with the title
being:
AN ORDINANCE APPROPRIATING CDBG FUNDS FOR THE REPURCHASE OF THE
EAST ONE -HALF OF BLOCK 3, ORIGINAL CITY, FROM ALLISON, MOSES AND
REDDEN, PURSUANT TO DEED RESTRICTIONS CONTAINED THEREIN;
($33,394.48)
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Bussey, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors- elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion being made by Director Dailey, seconded by Director Benafield,
and unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect. The Ordinance was read the third and last
time, and there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the results recorded as follows: Ayes -
Directors Shackelford, Dailey, Mayor Villines, Directors Priest,
Benafield, Hollingsworth and Bussey - total 7; Noes - None; Absent -
None. Mayor Villines then announced that the Ordinance had PASSED.
Introduced next was Ordinance No. 15,665, entitled:
AN ORDINANCE CONDEMNING CERTAIN STRUCTURES IN THE CITY OF LITTLE
ROCK AS STRUCTURAL FIRE AND HEALTH HAZARDS; DIRECTING THE CITY
ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID
STRUCTURES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
and there was a first reading of the Ordinance. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Bussey, which was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. Upon second reading of the Ordinance, there was a
subsequent motion by Director Dailey that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Benafield seconded the motion which was adopted by unanimous vote of
the members of the Board of Directors present, being seven in number
and two - thirds or more of the members of the Board of Directors - elect.
A third and last reading of the Ordinance ensued, followed by an Aye
and No Vote taken on passage of the Ordinance, with the response
being: Ayes - Directors Shackelford, Dailey, Mayor Villines,
Directors Priest, Benafield, Hollingsworth and Bussey - total 7; Noes
- None; Absent - None.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Shackelford, Dailey, Mayor Villines, Directors
Priest, Benafield, Hollingsworth and Bussey - total 7; Noes - None;
Absent - None. whereupon, the Ordinance, together with the Emergency
Section, was then declared PASSED.
The Ordinance appropriating funds on hand and amending the 1989
Budget Ordinance that was placed on the Agenda to be read the second
time (first reading 3- 21 -89), and a proposed Ordinance amending the
1989 Budget Ordinance providing for a reduction in the sanitation
subsidy, an increase in the Cable TV Franchise, and establishing a
payment in lieu of tax for the Wastewater Utility, were not presented.
Director Benafield recommended that the Board not act on either of the
two Ordinances until after the Board's weekend retreat April 8th and
9th. Director Dailey asked City Manager Tom Dalton if there were any
items that would create a problem by waiting two weeks. Mr. Dalton
responded that nothing is proposed that can't wait for a brief period
0
1
APRIL 4, 1989, Cont'd.
of time; two or three weeks.
deferred for two weeks.
Both proposed Ordinances were then
To conclude the meeting, Director Dailey requested that a
presentation be made at the next Agenda Meeting regarding the
Metrocentre Street Improvements, and that. the Board discuss the
notification process of zoning matters at the weekend retreat.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 9:10 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, April 18, 1989,
at 6:00 o'clock P. M.
ATTEST: Fa4lx- (�
City Clerk Jane Czech
APPROVED: Y4 /V . 0,(," I -a
Mayor Floyd G. Villines, III
CI
I U A
2:s8
Board of Directors Chamber
Little Rock, Arkansas
April 18, 1989 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth, Bussey and Dailey - total
5; Absent - Director Shackelford - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Director Dailey.
The first matter to be considered was the Consent Agenda,
consisting of the following items:
(a) The reading of the Minutes of the previous meeting held
April 4, 1989. I
(b) The 1988 Audit Report of the Little Rock Advertising and
Promotion Commission.
(c) The 1988 -87 Financial Statement of the Little Rock Ambulance
Authority (MEMS).
(d) Resolution No. 81129, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE RIVERDALE STREET EAST OF RIVERFRONT DRIVE
IN RIVERDALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public
Hearing date to be May 2, 1989.)
(e) Resolution No. 81130, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH SUMMERLIN ASSOCIATES, INC. OF LITTLE ROCK, TO DESIGN
THE HINSON ROAD- MARTHA TO RODNEY PARHAM ROAD PROJECT, A 1987 CAPITAL
IMPROVEMENT BOND PROJECT. (Contract price $37,000.00)
(f) Resolution No. 8,131, described as:
A RESOLUTION AUTHORIZING THE CONTRACT WITH HARTFORD
INSURANCE COMPANY FOR LONG -TERM DISABILITY INSURANCE COVERAGE FOR
NONUNIFORMED EMPLOYEES EFFECTIVE MAY 1, 1989 THROUGH APRIL 30, 1991.
(g) Resolution No. 8,132, containing the following caption: '
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
ONE -YEAR CONTRACT WITH UNITED OF OMAHA TO PROVIDE CONTINUATION OF THE
CURRENT EMPLOYEE VISION CARE PLAN.
(h) Resolution No. 8,133, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A
CONTRACT TO ARCHITECTURAL HOMES IN THE AMOUNT OF $29,900 FOR
CONSTRUCTION OF AN AFFORDABLE HOME, PRESOLD TO MR. AND MRS. SAMUEL
TAYLOR, III. (3700 Malloy Street)
(i) Resolution No. 8,134, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH FLYNCO, INC. FOR $1,212,600 FROM THE 1987 BOND FUND,
ACCOUNT NO. 301 - 900-0039, IN ORDER TO CONSTRUCT THE WEST LITTLE ROCK
BRANCH LIBRARY, AND APPROVING CHANGE ORDER #1 IN THE AMOUNT OF
$119,797.00. (Located at Napa Valley and Hinson Roads.)
(j & k) Removed from Consent Agenda and considered separately.
By motion from Director Priest, seconded by Director Dailey, which was
adopted by unanimous vote of the Board Members present, the Consent
Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held April 4, 1989, were approved as written and ,
April 18 1989, Cont' d.
summarized to the members of the Board of Directors; (b) The 1988
Audit Report of the Little Rock Advertising and Promotion Commission
was received and filed; (c) The 1988 -87 Financial Statement of the
Little Rock Ambulance Authority (MEMS) was received and filed; (d, e,
f, g, h and i) Resolutions No. 8,129, 8,130, 8,131, 8,132, 8,133 and
8,134 were read in full and unanimously adopted by the Board Members
present.
Director Shackelford was enrolled.
Resolution No. 8,135 with the following title was next considered
and appeared on the Consent Agenda as (j):
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD CONTRACTS FOR THE PURCHASE OF MOBILE REFUSE CARTS FOR THE PUBLIC
WORKS DEPARTMENT, AND A STREET SWEEPER FOR HUMAN AND GENERAL
SERVICES /FLEET SERVICES;
(Refuse Carts - South Star Sales & Service - $236,182.00; Street
Sweeper - Dealers Truck & Equipment Company - $91,110.00.00)
and there was a complete reading of the Resolution. Mr. Doug Eck, 433
Industrial Road, Goddard, Kansas, representing the Williams refuse
' cart the City used in the 1987 Pilot Program, and the second low
bidder, expressed concerns on the bid specifications. He said the low
bidder should be disqualified for failure to provide a cart that has
handles on the support frame. The cart bid by South Star, the
successful bidder, has a handle which is a part of the cart. Mr. Eck
asked the Board to accept the bid and purchase the Williams product.
Mr. Duff Morrison, 2885 Sanderwood Drive, Memphis, Tennessee,
representing South Star, spoke to the Board and asked that his bid of
$236,128.00 be accepted. Upon question by Director Dailey, based on
the presentation to the Board, City Manager Tom Dalton said it does
not change his recommendation for the purchase of the South Star carts
at the low bid price of $236,128.00. A motion was made by Director
Benafield and seconded by Director Dailey, that the Resolution be
adopted. The Resolution was adopted by unanimous voice vote of the
Board Members present.
Consideration was then given to Resolution No. 8,136, which
appeared on the Consent Agenda as (k) and contained the following
caption:
A RESOLUTION ESTABLISHING A POLICY FOR THE USE OF DEADLY FORCE;
with the Resolution being read in full. Mr. B. T. Armstrong, 2
Pinnacle Drive, addressed the Board saying he did not think the
citizens could get proper police protection with some of these
requirements, and that it would erode deterrence. He asked the Board
to carefully evaluate this decision. Mayor Villines advised Mr.
Armstrong that the deadly force policy had been recommended by Police
Chief Louie C. Caudell, and that it had been carefully reviewed by the
Board of Directors. There was no further discussion and a motion was
made by Director Bussey and seconded by Director Priest, to adopt the
Resolution. The motion was unanimously adopted by the Board Members
present.
At the time allotted for Citizen Communications, representatives
of the Coalition to Save Murray Park and the Pulaski County League of
Women Voters expressed concern that a planned extension of Rebsamen
Park Road (a 1987 Capital Improvements Bond Project) would make it a
major thoroughfare. They urged that a design be established to
discourage high speeds, along with restricting curb cuts and
prohibiting trucks. Also, that a park -like setting be preserved on
the westward extension of Rebsamen Park Road from Murray Lock and Dam
to River Mountain Road under Interstate #430. Those speaking were Ms.
Nancy Clark, 27 North Sherrill Road; Ms. Ruth Bell, 7611 Briarwood
Drive; and Mr. Bob McKinney, 7214 Missouri Street. Director Dailey
stated that he supports the idea and wants to be involved in- some of
the discussions, and is supportive of keeping this stretch of
Riverfront in its park -like setting. City Manager Tom Dalton advised
that plans and designs are being put together for extension of a park -
type setting along Rebsamen Park Road, which will include the
continuation of the jogging path, some landscaping and the addition of
some parking lots. He said this will raise the Bond Issue monies
needed to about $800,000 and quite possibly as high as $1,200,000.
Mr. Dalton further added that, "i think we can address many of the
questions and concerns that have been raised, and continuing along
240
April 1$, 1989, Cont'd.
that design, it is our intention to come to you with the improvements,
and we will have to do it in a way as to find revenues within the Bond
issue to cover them." He stated that he would provide the Board with
an update on the project. Director Dailey requested that Mr. Dalton
provide a long -term update including the Riverfront. To conclude the
discussion, Mayor Villines said the Board will try to address the
issues that have been brought before the Directors, and that Staff
will prepare a report.
Mr. Jim Bishop who resides at Parkway Village, 14300 Rock Creek
Parkway, Apartment No. 2202, read a letter in which he referred to the
name change of Rock Creek Parkway. He said he was not contacted along
with 270 other residents regarding the name change. Being a part of
the Little Rock Community, he said "we want to be included in decision
making such as a street name change." He pointed out there would be
added expenses to the residents in changing addresses, as well as an
extra expense for the City. City Manager Tom Dalton advised Mr.
Bishop that representatives of Improvement District No. 338 are
prepared to help defray the costs incurred from the name change, and
he will have them meet with Mr. Bishop tomorrow (4- 19 -89).
Mr. Frank Daley, 2026 Nichols Road, was present to inquire about
information regarding Sewer Improvement District No. 147. City
Manager Tom Dalton explained to the Board that "we are close to a way
of recommending to this Board some participation, if you desire, but I
also want to call to your attention that the City has been named in a
,
lawsuit as it relates to this improvement district, and I don't know
what your policy is on working with projects that are pending in
court." City Attorney Mark Stodola told Mr. Daley that the
Commissioners along with the Board of Directors of the City of Little
Rock, have been sued alleging the constitutionality of the State Law
that provides for the enactment of improvement districts." He
continued, "so while consideration of a recommendation related to it
is not directly involved in the issue of the lawsuit, if they are
successful, then this improvement district will be dissolved."
Director Benafield commented that if assistance is given to one
improvement district, others will be coming forward. Mr. Dalton
responded that this is why it has taken some time, because he is
attempting to find some unique points in Sewer Improvement District
No. 147.
i
In response to a request by Director Dailey on April 4, 1989, Mr.
Jimmy Moses, Architect, Mr. Richard Redden, Architect and Project
Designer, and Mr. Sanford Wilbourn of Garver & Garver, made a
presentation of the proposed re- opening of the Metrocentre Mall. They
displayed sketches of the plan defining street widths and showing
future parking on Main Street. Director Dailey questioned if there
would be parking spaces for the handicapped. Mr. Redden said he
didn't know whether that can be provided. At this point, Director
Priest requested that Mr. Redden review the plans and see if parking
for the handicapped can be accomplished. Mr. Wilbourn commented that
"we think this design captures the desires of the people downtown, and
,
is an excellent design of all the factors." Mr. Sterling Cockrill of
Metrocentre Improvement District, advised that all the vehicular area
will be maintained by the City and all other areas by Metrocentre. To
conclude the discussion, Director Priest asked Mr. Redden to find some
way to accommodate the handicapped with parking or vehicular access.
Once again the petition on Zoning Appeal (Z -5056) filed by Mr. Al
Porter was presented, having first been considered and a public
hearing held on January 3, 1989, at which time Mr. Porter was
requested to visit with Mr. Gary Greeson, Director of Comprehensive
Planning, in an attempt to work out something other than "C -1"
Neighborhood Commercial District. The application was filed to rezone
2804 Peyton Street, from "R -3" Single - family District to "C -1"
Neighborhood Commercial District, and was denied by the Planning
Commission November 1, 1988. The Staff met with Mr. Porter and
suggested that he modify the use of the property and apply for an
accessory use permit through the Public Works Department. He has
applied several times and has been denied an accessory use permit each
time. Also, Mr. Porter has failed to appeal these denials to the
Board of Adjustment. The recreation center involves the sale of
candy, cokes and chips, plus the operation of a pool table and video
game machines that are operated by inserting money. Complaints have
been received from the neighborhood. Mr. Porter told the Board that
he works with teenagers to provide a place for their recreation and to
keep them off the streets. He asked that his petition be approved.
Yolanda Owens, 2804 Peyton Street; Danyelle Allen, 2804 Peyton Street;
'
I
r
April 18 1989 Cont'd.
Pookie, 2718 Harrison Street; Carnell Thompson and Rosemary Porter,
2804 Pe ton Street each spoke in support of the "C -1" zoning.
I I
Following the discussion, a motion was made by Mayor Villines,
seconded by Director Hollingsworth, that the Zoning Appeal be denied.
The motion was adopted by the following vote: Ayes - Mayor Villines,
Directors Priest, Benafield, Hollingsworth and Shackelford - total 5;
Noes - None; Abstentions - Directors Dailey and Bussey - total 2;
Absent - None.
Presented at this time was a petition submitted by Attorney
Walter McSpadden for Marion B. Burton, Agent, praying for the
formation of Riverdale Harbour Municipal Property Owners Improvement
District No. 1, for the purpose of purchasing, accepting as a gift,
constructing or maintaining facilities for waterworks, recreation,
drainage, gas pipelines, sanitary sewers, streets and highways
including curbs and gutters and sidewalks, together with facilities
related to any of the foregoing, and for the purpose of maintaining,
repairing and operating any such facilities and improvements, all in
such manner and with such materials as the commissioners shall deem to
be for the best interest of said district, and that the costs thereof
be assessed and charged upon the lands to wit:
7
L
Attached to the petition was the Abstracter's Certificate from Little
Rock Abstract Company. A public hearing scheduled for this time and
place with notice thereof published by Attorney Walter McSpadden, was
then declared open. As there was no opposition presented, the public
hearing was declared closed and the Ordinance creating the requested
Improvement District was placed on first reading. See Ordinance No.
15,666 as follows, with the title being:
AN ORDINANCE ESTABLISHING RIVERDALE HARBOUR MUNICIPAL PROPERTY
OWNERS IMPROVEMENT DISTRICT NO. 1 OF LITTLE ROCK, ARKANSAS;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Benafield, and unanimously adopted by members of the Board of
Directors present, being seven 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 again made by Director
Priest and 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 the members of the Board
of Directors present, being seven in number and two - thirds or more of
the members of the Board of Directors - elect. There was a third and
last reading of the Ordinance followed by an Aye and No Vote taken on
passage of the Ordinance with the response being: Ayes - Director
Dailey, Mayor Villines, Directors Priest, Benafield, Hollingsworth,
Bussey and Shackelford - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 2 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Director Dailey, Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Bussey and Shackelford - total 7; Noes - None; Absent
- None. Therefore, the Ordinance, together with the Emergency
Section, was then declared PASSED.
A public hearing had been scheduled by Resolution No. 8,127, and
notice thereof duly published on April 10, 1989 and April 17, 1989, on
the request by Rev. David Ward, Pastor of Unity Missionary Baptist
Church, to vacate and close that part of Garfield Street beginning 153
feet south of West 12th Street (See ordinance No. 13,973), thence
south to the curve of Northmoor and Garfield as currently platted,
abutting Block 1 of Cox's Subdivision of Taylor & Bodeman's Addition,
a distance of approximately 74 feet along the centerline of Garfield
Street; and that portion of West 13th Street from Garfield Street 130
feet east to the alley, and lying between Lot 9, Block 1 and Lot 6,
Block 2 of Cox's Subdivision of Taylor and Bodeman's Addition, in the
City of Little Rock. Attached to the petition was a certified copy of
Cox's Subdivision of Taylor and Bodeman's Addition on file in the
Pulaski County Circuit Clerk's Office, and a letter from Little Rock
241
37.61
Acres, more or less, being a
parcel of land
situated in the
SW 1/4 SW
1/4 of Section 28, in the SE
1/4 SE 1/4 of
Section 29, in
'
the NE 1/4 NE 1/4 of Section 32, and in
33, all in Township 2 North, Range 12
the NW 1/4 NW
West, of the
1/4 of Section
Fifth Principal
Meridian,
City of Little Rock, Pulaski
County, Arkansas (long legal
description contained in the petition).
7
L
Attached to the petition was the Abstracter's Certificate from Little
Rock Abstract Company. A public hearing scheduled for this time and
place with notice thereof published by Attorney Walter McSpadden, was
then declared open. As there was no opposition presented, the public
hearing was declared closed and the Ordinance creating the requested
Improvement District was placed on first reading. See Ordinance No.
15,666 as follows, with the title being:
AN ORDINANCE ESTABLISHING RIVERDALE HARBOUR MUNICIPAL PROPERTY
OWNERS IMPROVEMENT DISTRICT NO. 1 OF LITTLE ROCK, ARKANSAS;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Benafield, and unanimously adopted by members of the Board of
Directors present, being seven 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 again made by Director
Priest and 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 the members of the Board
of Directors present, being seven in number and two - thirds or more of
the members of the Board of Directors - elect. There was a third and
last reading of the Ordinance followed by an Aye and No Vote taken on
passage of the Ordinance with the response being: Ayes - Director
Dailey, Mayor Villines, Directors Priest, Benafield, Hollingsworth,
Bussey and Shackelford - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 2 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Director Dailey, Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Bussey and Shackelford - total 7; Noes - None; Absent
- None. Therefore, the Ordinance, together with the Emergency
Section, was then declared PASSED.
A public hearing had been scheduled by Resolution No. 8,127, and
notice thereof duly published on April 10, 1989 and April 17, 1989, on
the request by Rev. David Ward, Pastor of Unity Missionary Baptist
Church, to vacate and close that part of Garfield Street beginning 153
feet south of West 12th Street (See ordinance No. 13,973), thence
south to the curve of Northmoor and Garfield as currently platted,
abutting Block 1 of Cox's Subdivision of Taylor & Bodeman's Addition,
a distance of approximately 74 feet along the centerline of Garfield
Street; and that portion of West 13th Street from Garfield Street 130
feet east to the alley, and lying between Lot 9, Block 1 and Lot 6,
Block 2 of Cox's Subdivision of Taylor and Bodeman's Addition, in the
City of Little Rock. Attached to the petition was a certified copy of
Cox's Subdivision of Taylor and Bodeman's Addition on file in the
Pulaski County Circuit Clerk's Office, and a letter from Little Rock
241
i
April 18, 1989, Cont'd.
Abstract Company listing the last owners of record to abutting
property. The proposal received the approval of the Planning
Commission. Mayor Villines then declared the public hearing open and
with no opposition presented, he declared the public hearing closed,
and Ordinance No. 15,667 was presented, containing the following
caption:
AN ORDINANCE VACATING AND CLOSING A PORTION OF GARFIELD STREET
AND A PORTION OF WEST 13TH STREET IN COX'S SUBDIVISION OF TAYLOR &
BODEMAN'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
and the Ordinance was read the first time. There was a motion by
Director Shackelford, seconded by Director Dailey, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. A second reading of the Ordinance followed,
with a motion being made by Director Dailey, seconded by Director
Priest, to further suspend the rules and place the Ordinance on third
and final reading. With the motion having been unanimously adopted by
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect, the
Ordinance was read the third and last time. The question, Shall the
Ordinance Pass, was submitted to an Aye and No Vote, which is recorded
as follows: Ayes - Director Dailey, Mayor Villines, Directors Priest,
Benafield, Hollingsworth, Bussey and Shackelford - total 7; Noes -
'
None; Absent - None. Therefore, the Ordinance was declared PASSED.
Another public hearing had been scheduled for this time and
place on the petition filed by Mr. Odes Perry, to vacate and close
23rd Street between Gilman and Potter Streets, with notice thereof
duly published on April 10, 1989 and April 17, 1989. Return receipts
of notices to abutting property owners were not filed with the City
Clerk; therefore, the public hearing was not held and the proposed
Ordinance was not presented.
The next presentation was Ordinance No. 15,668, entitled:
AN ORDINANCE APPROPRIATING FUNDS ON HAND AND AMENDING THE 1989
BUDGET ORDINANCE;
and there was a second reading of the Ordinance, with the first
reading having occurred on March 21, 1989, and deferred at the request
of Director Benafield. The Ordinance addresses the budget deficit by
leaving 18 positions unfilled, reducing street repairs this year, and
transferring money from reserve accounts. A motion was made by
Director Priest and seconded by Director Shackelford, that the rules
be suspended and the Ordinance be placed on third and final reading.
The motion was unanimously adopted by members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors- elect; whereupon, the Ordinance was
read the third and last time. An Aye and No Vote was taken on the
I
passage of the Ordinance which resulted as herein recorded: Ayes -
Director Dailey, Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Bussey and Shackelford - total 7; Noes - None; Absent
- None. The Ordinance was then declared PASSED.
Consideration was then given to Ordinance No. 15,669, described
as:
AN ORDINANCE APPROPRIATING FUNDS FOR THE PURCHASE OF LIBRARY
MATERIALS FOR THE WEST LITTLE ROCK BRANCH LIBRARY;
(Up to $260,000 )
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Dailey, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion being made by Director Dailey, seconded by Director
Shackelford, and unanimously adopted by members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect. The Ordinance was read the
third and last time, and there was an Aye and No Vote taken on passage
'
i
April 18,_1989, Cont'd.
of the Ordinance with the response being: Ayes - Director Dailey,
Mayor Villines, Directors Priest, Benafield, Hollingsworth, Bussey and
Shackelford - total 7; Noes - None; Absent - None. It was then
announced that the Ordinance had PASSED.
Resolution No. 8,137 was introduced, with the title being:
A RESOLUTION AUTHORIZING THE LITTLE ROCK FIRE DEPARTMENT TO
PROVIDE FIRE SERVICE FOR ONE YEAR TO CERTAIN BUSINESSES OUTSIDE THE
CITY OF LITTLE ROCK;
(Siemen's- Allis, 14000 Dineen Drive; Levi - Strauss, 15000 Panatella
Parkway; 3M Company, Arch Street Pike; Elf Asphalt, 89 Shamburger
Lane; Madison Savings & Loan, 2200 E. 145th Street.)
and the Resolution was read in its entirety. A motion was made by
Director Priest and seconded by Director Shackelford, that the
Resolution be adopted. The motion was unanimously adopted by voice
vote of the Board Members present.
A proposed Resolution was placed on the Agenda selecting the West
Little Rock Park Site in the 1987 Capital Improvement Bond Issue.
Before the Resolution was considered, Mr. Danny Thomas, a Real Estate
Developer, representing the owner of 450 acres located on Lawson Road,
across the street from Lawson Elementary School, which is the site
recommended by the Site Slection Committee, appealed to the Board to
approve the Lawson Road Site for the City Park. Mr. Thomas said this
is very important to the City; the price is within the guidelines; and
the terrain is appropriate. He asked the Board "to vote for this site
and adopt the Resolution tonight - if you can't vote for it, defer
it." Concerns had surfaced that the Lawson Road Site is farther south
than voters thought when bonds for the purchase were approved in the
1987 Capital Improvement Bond Issue. Mayor Villines asked that the
proposed Resolution be deferred and held in abeyance until later.
Director Hollingsworth didn't object to deferral, but said "we need to
get on with it and do what is best for the City, and make sure Staff
understands the parameter. There was no further discussion, the
proposed Resolution was deferred and NO ACTION WAS TAKEN.
The last matter to be considered was Resolution No. 8,138,
entitled:
A RESOLUTION MAKING A REAPPOINTMENT TO THE ADVERTISING &
PROMOTION COMMISSION;
(Mr. Wally Allen reappointed to a 4 -year term ending 5- 4 -93.)
and there was a complete reading of the Resolution. A motion was made
by Director Benafield and seconded by Director Shackelford, that the
Resolution be adopted. Mayor Villines called for a voice vote and the
Resolution was unanimously adopted by the Board Members present.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 7:50 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, May 2, 1989, at
6:00 o'clock P. M.
ATTEST: &� APPROVED:
City Clerk Jane Czech Mayor Floyd G. Villines, III
f�.�
4
244
Board of Directors Chamber
Little Rock, Arkansas
May 2, 1989 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Hollingsworth, Hussey and Dailey - total 4; Absent
- Directors Benafield and Shackelford - total 2.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Mayor Villines.
To begin the meeting, Mayor Villines presented a "Certificate of
Appreciation" to Miss Karama Neal, a student at Little Rock Central
High School for being chosen one of 500 semi - finalists in the 1989
Presidential Scholars Program. He extended congratulations and wished
her success in reaching the finals.
The first matter to be considered was the Consent Agenda,
consisting of the following items:
(a) The reading of the Minutes of the previous meeting held
April 18, 1989.
(b) Resolution No. 8,139, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE FOURCHE DAM PIKE BETWEEN AIRPORT DRIVE
AND RELOCATED FOURCHE DAM PIKE; IN N/A ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS. (Hearing date to be May 16, 1989)
(c) Resolution No. 81140, with the title being:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE ROOSEVELT ROAD BETWEEN AIRPORT DRIVE AND
RELOCATED FOURCHE DAM PIKE, IN FACTORIA ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS. (Hearing date to be May 16, 1989)
(d) Resolution No. 8,141, described as:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE TEMPLE STREET BETWEEN FOURCHE DAM PIKE
AND RELOCATED AIRPORT DRIVE, IN N/A ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS. (Hearing date to be May 16, 1989)
(e) Resolution No. 8,142, containing the following caption:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE KELLETT ROAD BETWEEN FOURCHE DAM PIKE AND
RELOCATED FOURCHE DAM PIKE, IN N/A ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS. (Hearing date to be May 16, 1989)
(f) Resolution No. 8,143, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE THAT PORTION OF WEST 15TH STREET
COMPRISING THE RAILROAD CROSSING LOCATED BETWEEN JONES STREET AND
WOODROW STREET WITHIN WORTHEN & BROWN'S ADDITION TO LITTLE ROCK,
ARKANSAS. (Hearing date to be May 16, 1989)
(g) Resolution No. 81144, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF A FAIRWAY MOWER FOR
HUMAN AND GENERAL SERVICES /FLEET SERVICES. (Not to exceed $25,960.00)
F�
F1
I__1
MAY 2, 1989, Cont'd.
(h) Resolution No. 8,145, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXPEND
FUNDS FROM THE 1988 CAPITAL IMPROVEMENT BOND FUND FOR RENOVATIONS AND
IMPROVEMENTS TO ROBINSON CENTER MUSIC HALL, PLAZA, AND MUNICIPAL
PARKING GARAGE. (Blass, Chilcote, Carter, and Wilcox, Architect;
Whittenberg, Delony, and Davidson, Architects; Howell and Jackson
Construction Company; Carrington Electric Company, Inc.; Beard -
Breeding Painting Company, Inc.; SKB Contracting Company, Inc.; and
Stage Works Production Supply, Inc., up to $1,500,000 from Account No.
301 - 900 - 0041.)
M Resolution No. 8,146, containing the following caption:
A RESOLUTION.AUTHORIZING THE EXPENDITURE OF FUNDS FROM
THE 1988 CAPITAL IMPROVEMENT BOND PROJECT FOR IMPROVEMENTS TO HISTORIC
BUILDING FACADES AS APPROVED IN THE CENTRAL BUSINESS DISTRICT.
(Expenditure up to $500,000 from Account No. 301 - 8516.)
By a motion from Director Hussey, seconded by Mayor Villines, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held April 18, 1989, were approved as written and
summarized to the members of the Board of Directors; (b, c, d, e, f,
g, h & i) Resolutions No. 8,139, 8,140, 8,141, 8,142, 8,143, 8,144,
8,145 and 8,146, were read in full and unanimously adopted by the
Board Members present.
Director Benafield was enrolled.
At the time allotted for Citizen Communications, Attorney William
F. Sherman, 450 Midland Avenue, representing five families on North
Jackson Street, addressed the Board regarding drainage conditions in
the 1800 block of the street. His clients reside on the west side of
the street at 1800, 1804, 1812, 1816 and 1820 North Jackson. These
residents are experiencing flooding conditions caused from the flow of
surface water from adjoining streets, parking areas, and commercial
properties along Kavanaugh Boulevard, which has gotten progressively
worse in recent years. Mr. Sherman presented a petition to Board
Members (copy filed with the City Clerk) signed by several area
residents urging the City to authorize the expenditure of funds
necessary to correct the drainage problem in the North Jackson Street
area. He further requested that the City look at this problem and
place it on the Agenda. City Manager Tom Dalton advised that $10,000
had been spent in an effort to alleviate this drainage problem, but
said $130,000 would be required to correct the drainage, which the
City does not have. He also pointed out there are several other areas
with this same problem. Mr. Dalton said he would provide the Board
with a report as to the cost involved, and how it relates to other
drainage situations; adding, "our report will include costs of problem
areas throughout the City." Director Dailey also requested
clarification from Mr. Dalton as to "what we can and can't do"
regarding these problem areas. Mayor Villines advised Mr. Sherman the
matter will be on the Agenda along with Mr. Dalton's report.
Mr. Shannon Leach, 4710 Sam Peck Road, #1074, addressed the Board
saying he was a biker, golfer, runner and a parent of two, and would
like to go on record in opposition at the present time, of the
extension of the road from Murray Park to the west side of I -430. It
was his opinion that Rebsamen Park Road would become a high -speed
thoroughfare. Mayor Villines advised Mr. Leach that the Staff is
currently reviewing the design and safety criteria of the extension of
Rebsamen Park Road.
Ms. Diana Gordon, 205 South Cedar Street, which is located near
the University of Arkansas Medical Sciences Campus, complained about
traffic and parking problems in her neighborhood. Referring to a
vacant lot, she was concerned with the report that a high -rise
building will soon be constructed, and that the neighborhood seems to
be evolving to commercial zoning. She also pointed out that an open
ditch exists by the Burger King located at Markham and Cedar Streets.
Mayor Villines requested Ms. Gordon to get with Staff for answers to
her questions, and asked Mr. Dalton to provide a report on the
subjects with which she was concerned.
The last speaker at the time allotted for Citizen Communications
was Mr. Jesse MacHenry Johnson, Jr., 1312 West 13th Street, who had
applied for a position with the Vehicle Maintenance Department as an
45
N' 4•i 1
Y 2, 1989, Cont'd.
Auto Parts Clerk and was No. 1 on the list of successful applicants,
but was not chosen. Mayor Villines advised Mr. Johnson that this type
of issue is an administrative matter and requested Mr. Dalton to
inquire about the complaint.
Zoning Application Z -5157 filed by Gary Shipley of Garver &
Garver, P. A. for the Little Rock Municipal Airport Commission, was
the next presentation. The application requested the reclassification
of 540 acres (Areas 22, 23, 24A, 24B, 24C, 24D, 24E, 24F and 25) for
the Little Rock Municipal Airport /New Runway Area and Gates Island,
from "R -2" Single - family District to "I -1" Industrial Park and "I -2"
Light Industrial and "OS" Open Space Districts. The Planning
Commission approved the reclassification. No one was present to speak
in opposition to the reclassification and Ordinance No. 15,670 was
presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Areas 22, 23, 24A, 24B, 24C, 24D, 24E, 24F and 25 comprising 540
acres for the Little Rock Municipal Airport /Runway Area and Gates
Island, from "R -2' Single - family to 'I -1" Industrial Park, "I -2" Light
Industrial and "OS" Open Space Districts.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Dailey, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Priest that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Dailey seconded the motion which was adopted by unanimous vote of the
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 ensued, followed by an Aye and
No Vote taken on passage of the Ordinance, with the results recorded
as follows: Ayes - Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Bussey and Dailey - total 6; Noes - None; Absent -
Director Shackelford - total 1. The Ordinance was then declared
PASSED.
Consideration was then given to Ordinance No. 15,671, with the
title being:
AN ORDINANCE APPROVING MODIFICATIONS TO A PLANNED UNIT
DEVELOPMENT AND PROVIDING FOR THE MAINTENANCE OF A PRD DISTRICT
ENTITLED PARKWAY VILLAGE REVISED PRD IN THE CITY OF LITTLE ROCK,
ARKANSAS, AMENDING ORDINANCE NO. 14,274 AND CHAPTER 36, SECTION 36 -176
OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER
PURPOSES;
(S -296 -D - Rock Creek Parkway at Pride Valley Road - Z -3862- "Parkway
Village Revised Planned Residential District".)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Dailey, and by unanimous vote of the
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.
Upon second reading of the Ordinance, there was a subsequent motion
again made by Director Priest, seconded by Director Dailey, that the
rules be suspended and the Ordinance be placed on third and final
reading. 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; whereupon, the Ordinance
was then read the third and last time. An Aye and No Vote was taken
on passage of the Ordinance which resulted as herein recorded: Ayes -
Mayor Villines, Directors Priest, Benafield, Hollingsworth, Bussey and
Dailey - total 6; Noes - None; Absent - Director Shackelford - total
1. Whereupon, the Ordinance was declared PASSED.
J
F
L
MAY 2, 1989, Cont'd.
The next presentation was Ordinance No
AN ORDINANCE AMENDING CHAPTER 31 OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A
AND GUTTER, AND STREET WIDTH REQUIREMENTS;
15,672, described as:
CODE OF ORDINANCES OF THE
WAIVER OF SIDEWALK, CURB
(S -329 - 17697 Arch Street Pike - For Farmers Replat of Lot 13,
Comstock Addition.)
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Dailey, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the 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 a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Priest, seconded by Director
Dailey, and 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. The Ordinance was read the third and
last time, and there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the response being: Ayes - Mayor
Villines, Directors Priest, Benafield, Hollingsworth, Bussey and
Dailey - total 6; Noes - None; Absent - Director Shackelford - total
1. The Ordinance was then declared PASSED.
Introduced next was Ordinance No. 15,673, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF MINOR STREET
WIDTH DIMENSION AND SIDEWALK IMPROVEMENT REQUIREMENTS;
(S -868 - West 22nd Street, 1 block east of Walker Street - Parkview
Hill Addition.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. 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, and the second reading of the Ordinance ensued. A
subsequent motion was again made by Director Priest and seconded by
Director Dailey, to further suspend the rules and place the Ordinance
on third and final reading. 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.
There was a third and final reading of the Ordinance after which an
Aye and No Vote was taken on passage of the Ordinance and resulted as
follows: Ayes - Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Bussey and Dailey - total 6; Noes - None; Absent -
Director Shackelford - total 1. Mayor Villines then announced that
the Ordinance had PASSED.
A public hearing had been scheduled by Resolution No. 8,129, and
notice thereof duly published on April 24, 1989 and May 1, 1989, on
the petition filed by H. Bradley Walker for Marion B. Burton, to
vacate and close a portion of Riverdale Street (long legal
description), as approved by the Planning Commission. Attached to the
petition was a certified copy of the Plat and Bill of Assurance on
file in the Pulaski County Circuit Clerk's Office, and a letter from
Little Rock Abstract Company listing the last apparent owners of
record to abutting property. Mayor Villines then declared the public
hearing open and with no one present who wished to speak in opposition
to the proposed closing, he declared the hearing closed and Ordinance
No. 15,674 was presented containing the following caption:
AN ORDINANCE VACATING AND CLOSING RIVERDALE STREET EAST OF
RIVERFRONT DRIVE IN RIVERDALE ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS;
and said Ordinance was read the first time, followed by a motion from
Director Dailey to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Priest and adopted by
unanimous vote of the Board Members present, being six in number and
two - thirds or more of the members of the Board of Directors - elect, and
a second reading of the Ordinance followed. The rules were again
suspended and the Ordinance placed on third and final reading by a
ti.
2118
MAY 2, 1989, Cont'd.
motion made and seconded by Directors Priest and Hussey, respectively,
and unanimously adopted by the Board Members present, being six 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, there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the response being: Ayes - Mayor Villines,
Directors Priest, Benafield, Hollingsworth, Hussey and Dailey - total
6; Noes - None; Absent - Director Shackelford - total 1. Whereupon,
the Ordinance was declared PASSED.
A public hearing had been rescheduled for this time and place on
the petition to vacate and close the portion of 23rd Street between
Gilman and Potter Streets in Pine Hill Subdivision to the City of
Little Rock, Arkansas. The public hearing was originally scheduled
for April 18, 1989, but the petitioner failed to'file return receipts
of notices to abutting property owners with the City Clerk, and the
hearing was rescheduled for this time and place, with notice thereof
duly published on April 4, 1989 and May 1, 1989. The petition was
filed by Attorney Richard Grasby for Mr. Odes Perry and it received
the approval of the Planning Commission. Attached to the petition was
a certified copy of Pine Hill Subdivision on file in the Pulaski
County Circuit Clerk's Office, and a letter from Little Rock Abstract
Company showing the last apparent owners of record to abutting
property. Mayor Villines then declared the public hearing open and
with no one present who wished to speak in opposition to the proposed
closing, the public hearing was declared closed. Ordinance No. 15,675
was then presented, entitled:
AN ORDINANCE VACATING AND CLOSING 23RD STREET BETWEEN GILMAN AND
POTTER STREETS IN PINE HILL ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS; i
and the Ordinance was read the first time. The rules were then
suspended to provide for the second reading of the Ordinance,- by a
motion made by Director Dailey, seconded by Director Priest, and
unanimously adopted by the Board Members present, being six in number
and two - thirds or more of the members of the Board of Directors - elect.
There was a second reading of the Ordinance followed by a subsequent
motion made and seconded by Directors Priest and Hussey, respectively,
to suspend the rules and place the Ordinance on third and final
reading. The motion received unanimous adoption by the Board Members
present, being six 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. The question of passage of the Ordinance was then
submitted to an Aye and No Vote, which received the following
response: Ayes - Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Bussey and Dailey - total 6; Noes - None; Absent -
Director Shackelford total 1. The Ordinance was then declared
PASSED.
Ordinance No. 15,676 was the next presentation, with the title
being:
AN ORDINANCE FOR THE PURPOSE OF DISSOLVING RUMMEL ROAD WATER
IMPROVEMENT DISTRICT NO. 137 OF LITTLE ROCK, ARKANSAS; REPEALING
PROVISIONS OF ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time, followed by a motion from
Director Priest to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Dailey and adopted by
unanimous vote of the Board Members present, being six in number and
two- thirds or more of the members of the Board of Directors - elect, and
a second reading of the Ordinance ensued. The rules were again
suspended and the Ordinance placed on third and final reading by a
motion made by Director Dailey and seconded by Director Priest, and
unanimously adopted by the Board Members present, being six 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, there was an
Aye and No Vote taken on the question, Shall the Ordinance Pass, with
the results recorded as follows: Ayes - Mayor Villines, Directors
Priest, Benafield, Hollingsworth, Hussey and Dailey - total 6; Noes -
None; Absent - Director Shackelford - total 1. Therefore, the
Ordinance was declared PASSED.
F 1
L
L
MAY 2, 1989, Cont'd.
The next matter to be considered was Ordinance No. 15,677,
described as:
AN ORDINANCE TO APPOINT COMMISSIONERS TO FILL TWO VACANCIES ON
BOARD OF COMMISSIONERS OF STREET IMPROVEMENT DISTRICT NO. 623 OF
LITTLE ROCK, ARKANSAS;
(Harry L. Hastings, Jr. and Guy E. Campbell appointed.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Dailey
and Priest, to further suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present, being six 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. The question, Shall the Ordinance
Pass, was submitted to an Aye and No Vote, which is recorded as
follows: Ayes - Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Bussey and Dailey - total 6; Noes - None; Absent -
Director Shackelford - total 1. The Ordinance was then declared
PASSED.
Ordinance No. 15,678 was presented, containing the following
caption:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH BYLITES, INC. FOR THE RIVERFRONT PARK AMPHITHEATRE
DEDICATION; DISPENSING WITH THE REQUIREMENT OF COMPETITIVE BIDDING AND
DECLARING AN EMERGENCY;
(Contract not to exceed $6,300.00.)
with the Ordinance being read the first time, followed by a motion
from Director Priest for suspension of the rules and the placing of
the Ordinance on second reading. The motion was seconded by Director
Dailey and 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 second reading of the Ordinance
followed, with a motion again being made by Director Dailey and
seconded by Director Priest, to suspend the rules and place the
Ordinance on third and final reading. With the motion having been
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, the Ordinance was read the third and last time.
The resulting Aye and No Vote taken on passage of the Ordinance
received the following response: Ayes - Mayor Villines, Directors
Priest, Benafield, Hollingsworth, Bussey and Dailey - total 6; Noes -
None; Absent - Director Shackelford - total 1.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Mayor Villines, Directors Priest, Benafield, Hollingsworth,
Hussey and Dailey - total 6; Noes - None; Absent - Director
Shackelford - total 1. Whereupon, the Ordinance, together with the
Emergency Section, was then declared PASSED.
At 6:50 o'clock P. M., Mayor Villines announced that the Board of
Directors would recess to executive session in the Board's Conference
Room, for the purpose of considering appointments to various Boards
and Commissions.
When the Board of Directors reconvened from executive session at
7:05 o'clock P. M., Mayor Villines presided and the following
Directors answered roll call: Directors Priest, Benafield,
Hollingsworth, Shackelford and Dailey - total 5; Absent - Director
Bussey - total 1.
r'9
250
MAY 2, 1989, Cont'd.
Resolution No. 8,147 was the last presentation, entitled:
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE BOARD
OF ADJUSTMENT, BOARD OF ELECTRICAL CODE APPEALS, BUILDING CODE BOARD
OF APPEALS, CITY SAFETY COMMISSION AND THE COMMUNITY ORGANIZATION FOR
POVERTY ELIMINATION (COPE);
(Board of Adjustment: Mr. Eugene S. Terry; Board of Electrical Code
Appeals: Mr. Don M. Thompson and Mr. Schuler Rowland; Building Code
Board of Appeals: Mr. S. Porter Brownlee and Mr. Lewis May; city
Safety Commission: Mr. Keith Maddison, Mr. James Moorehead, Mr. Dick
Moore and Mr. Lloyd Neal; COPE: City Manager Tom Dalton and /or his
designee.)
and there was a complete reading of the Resolution. A motion was made
by Director Benafield and seconded by Director Dailey, that the
Resolution be adopted. The Resolution was adopted by unanimous voice
vote of the Board Members present.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 7:10 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, May 16, 1989,
at 6:00 o'clock P. M.
ATTEST: 41di
City Clerk Jane Czech
APPROVED: A
Mayor FloyduG. Villines, III
0
L
Board of Directors Chamber
J
Little Rock, Arkansas
May 16, 1989 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Hollingsworth and Dailey - total 3; Absent -
Directors Benafield, Bussey and Shackelford - total 3.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Vice Mayor /Director Priest.
The first matter to be considered was the Consent Agenda,
consisting of the following items:
(a) The reading of the Minutes of the previous meeting held May
2, 1989.
(b) The Comparative Statement of income Account of the Little
Rock Municipal Water works for the month of March, 1989.
(c) The 1988 Audit Report of the Little Rock Municipal Water
Works.
(d) The 1988 Annual Report of Metroplan.
(e) Resolution No. 8,148, entitled:
A RESOLUTION FOR THE ABANDONMENT AND RELEASE OF A
CERTAIN EASEMENT ON ROGER EXECUTIVE CENTER AND CENTERVIEW DRIVE
LOCATED WITHIN THE CITY OF LITTLE ROCK, ARKANSAS.
(f) Resolution No. 8,149, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF FILTERS FOR HUMAN AND
GENERAL SERVICES /FLEET SERVICES, AND UNIFORMS FOR THE FIRE DEPARTMENT.
(g) The renewal of a taxicab operator permit for Dewey Worthey
was prepared as an Ordinance; therefore, was not considered in the
Consent Agenda.
(h) Resolution No. 8,150, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH RICHARD A. STEPHENS & ASSOCIATES FOR APPRAISAL
SERVICES FOR CHICOT ROAD, PRESTON TO MILFORD AND TAYLOR LOOP ROAD
PHASE II, 1988 CAPITAL IMPROVEMENT BOND PROJECT.
By a motion from Director Priest, seconded by Director Dailey, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held May 2, 1989, were approved as written and
summarized to the members of the Board of Directors; (b, c & d) The
Comparative Statement of Income Account of the Little Rock Municipal
Water Works for the month of March, 1989; the 1988 Audit Report of the
Little Rock Municipal Water Works; and the 1988 Annual Report of
Metroplan, were received and filed; and (e, f & h) Resolutions No.
8,148, 8,149 and 8,150, were read in full and unanimously adopted by
the Board Members present.
No one was present to speak at the time allotted for Citizen
Communications.
Director Benafield was enrolled.
Consideration was then given to Zoning Application Z- 4403 -C filed
by Irt Paxton for Dick and Jane Williams, to rezone a tract on Kanis
and Aldersgate Roads (long legal description), from "PRD" to "0 -3"
Office and Institutional District. The application was approved by
the Planning Commission on April 18, 1989. No opposition was
0
,
IJ.I
252
May 16, 1989, Cont'd.
presented to the revocation of "PRD" and the restoration of "0 -3"
classification, and Ordinance No. 15,679 was presented, with the
title being:
AN ORDINANCE REPEALING ORDINANCE NO. 14,894 AND REVOKING A "PRD"
DISTRICT TITLED ALDERSGATE /KAKIS APARTMENTS LONG -FORM PRD (Z-4403) IN
THE CITY OF LITTLE ROCK, ARKANSAS;
(2-4403 - a tract on Kanis S Aldersgate Roads, from 'PRD" to 00-3°
District.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Dailey, which was unanimously
adopted by 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Dailey that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Priest seconded the motion which 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. A
third and last reading of the Ordinance ensued, followed by an Aye and
No Vote taken on passage of the Ordinance, with the results recorded
as follows: Ayes - Directors Priest, Benafield, Hollingsworth,,Dailey
'
and Mayor Villines - total 5; Noes - None; Absent - Directors Bussey
and Shackelford - total 2. The Ordinance was then declared PASSED. iJ
The next presentation was Zoning Application Z -5096, filed by
John A. Castin with title to the property vested in Elgor Properties,
Inc. The application requested the reclassification of a tract
located on Kanis and Cooper Orbit Roads (long legal description), from
"R -2" Single - family District to "0 -3" Office and Institutional and "C-
1" Neighborhood Commercial Districts. The Planning Commission
approved the zoning change on April 18, 1989. No one opposed the
reclassification and Ordinance No. 15,680 was presented, containing
the following caption:
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 -5096 - a tract on Kanis and Cooper Orbit Roads, from 'R -2° District
to 00-30 and "C -1' Districts.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Dailey, to suspend the rules and
l,
place the Ordinance on second reading. The motion was unanimous y
adopted by 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. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Dailey and
Priest, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimouso
adoption by the Board Members present, being five 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. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Directors Priest, Benafield, Hollingsworth, Dailey and Mayor
Villines - total 5; Noes - None; Absent - Directors Bussey and
Shackelford - total 2. whereupon, the Ordinance was declared PASSED.
Zoning Application Z -5167 from Lawrence Holt, Jr, for Mrs. A.
Johnson, was introduced next. The application to rezone 1417 Chester
Street, described as Lot 5, Block 242, Original City, from "C -3"
General Commercial District to "R -4" Two- family District, was approved
by the Planning Commission on April 18, 1989. No opposition to the
rezoning was presented and Ordinance No. 15,681 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;
(Z -5167 - 1417 Chester Street, from "C -3' District to 'R -4' District.),,,
with the Ordinance being read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
'
I
r
May 16, 1989, Cont'd.
of the Ordinance on second reading. The motion was seconded by
Director Dailey, and unanimously adopted by 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. A second reading of the
Ordinance followed, with a motion being made by Director Dailey and
seconded by Director Priest, to further suspend the rules and place
the Ordinance on third and final reading. With the motion having been
unanimously adopted by 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 read the third and last
time. The resulting Aye and No Vote taken on passage of the Ordinance
is herein recorded as follows: Ayes - Directors Priest, Benafield,
Hollingsworth, Dailey and Mayor Villines - total 5; Noes - None;
Absent - Directors Bussey and Shackelford - total 2. Therefore, the
Ordinance was declared PASSED.
The next presentation was Zoning Application Z -5171 to rezone a
parcel on West 65th Street and Butler Road, described as Lot 2R of
Logan Replat of the west 359.5' of Tract 14, L. B. Leigh and R. C.
Butler Acres Subdivision, from "C -3" General Commercial District to
"C -4" Open Display District. The application was filed by B. G. T.
Properties, Inc., and received approval of the Planning Commission on
April 18, 1989. No opposition was presented to the reclassification
and Ordinance No. 15,682 was•introduced,- entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5171 - a parcel located on West 65th Street and Butler Road, from
"C -3" District to "C -4" District.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by 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 the second reading of the Ordinance ensued. A
subsequent motion was made by Director Dailey, seconded by Director
Priest, to further suspend the rules and place the Ordinance on third
and final reading. The motion was unanimously adopted by 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. There was a
third and final reading of the Ordinance after which an Aye and No
Vote was taken on the question, Shall the Ordinance Pass, with the
results recorded as follows: Ayes - Directors Priest, Benafield,
Hollingsworth, Dailey and Mayor Villines - total 5; Noes - None;
Absent - Directors Bussey and Shackelford - total 2. Whereupon, the
Ordinance was declared PASSED.
Directors Bussey and Shackelford were enrolled.
A public hearing had been scheduled by Resolution No. 8,139, and
notice thereof duly published on May 8, 1989 and May 15, 1989, on the
petition from the City of Little Rock for the Little Rock Regional
Airport, to vacate and close a portion of Fourche Dam Pike between
Airport Drive and relocated Fourche Dam Pike for expansion of the new
Airport Runway, which was approved by the Planning Commission.
Attached to the petition was a certified copy of Factoria Third
Addition to the City of Little Rock, on file in the Pulaski County
Circuit Clerk's Office, and a letter from Little Rock Abstract Company
listing the last apparent owners of record to abutting property.
Mayor Villines then declared the public hearing open and with no one
present who wished to speak in opposition to the proposed closing, the
hearing was declared closed and Ordinance No. 15,683 was presented,
described as:
AN ORDINANCE VACATING AND CLOSING FOURCHE DAM PIKE BETWEEN
AIRPORT DRIVE AND RELOCATED FOURCHE DAM PIKE IN N/A ADDITION TO THE
CITY OF LITTLE ROCK, ARKANSAS;
and after a first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Priest, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest
N53
25�
May 16, 1989, Cont'd.
and Dailey, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present being seven 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. An Aye and No Vote
was taken on the question, Shall the Ordinance Pass, with the response
being: Ayes - Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford, Dailey and Mayor Villines - total 7; Noes - None;
Absent - None. Therefore, the Ordinance was declared PASSED.
Resolution No. 8,140 adopted May 2, 1989, scheduled a public
hearing on the petition from the City of Little Rock for the Little.
Rock Regional Airport, to vacate and close that portion of Roosevelt
Road between Airport Drive and Relocated Fourche Dam Pike, for
expansion of the new Airport Runway. Notice of public hearing was
duly published on May 8, 1989 and May 15, 1989. The proposal received
the approval of the Planning Commission. Attached to the petition was
a letter from Little Rock Abstract Company listing the last apparenti
owners of record to abutting property. (See plats and instruments
attached to the Fourche Dam Pike Petition.) Mayor Villines then
declared the public hearing open and with no one present who wished to
speak in opposition to the proposed closing, the public hearing was
closed and Ordinance No. 15,684 was presented, with the title being:
AN ORDINANCE VACATING AND CLOSING ROOSEVELT ROAD BETWEEN AIRPORT
DRIVE AND RELOCATED FOURCHE DAM PIKE IN FACTORIA ADDITION TO THE CITY
OF LITTLE ROCK, ARKANSAS;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Dailey, seconded by
Director Priest, and unanimously adopted by members of the Board of
Directors present, being seven 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 Priest
and 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 the members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect. There was a third and last
reading of the Ordinance followed by an Aye and No Vote taken on
passage of the Ordinance with the results recorded as follows: Ayes -
Directors Priest, Benafield, Hollingsworth, Bussey, Shackelford,
Dailey and Mayor Villines - total 7; Noes - None; Absent - None.
The Ordinance was then declared PASSED.
A public hearing had been scheduled by Resolution No. 8,141 and
notice thereof duly published on May 8, 1989 and May 16, 1989, on the
petition from the City of Little Rock for the Little Rock Regional
Airport, to vacate and close that portion of Temple Street between
Fourche Dam Pike and Relocated Airport Drive, for expansion of the new
Airport Runway, as approved by the Planning Commission. Attached to
the petition was a letter from Little Rock Abstract Company listing
the last apparent owners of record to abutting property. (See plats
and instruments attached to the Fourche Dam Pike Petition.) Mayor
Villines then declared the public hearing open and with no one present
who wished to speak in opposition to the proposed closing, he declared
the public hearing closed and Ordinance No. 15,685 was presented,
containing the following caption:
AN ORDINANCE VACATING AND CLOSING TEMPLE STREET BETWEEN FOURCHE
DAM PIKE AND RELOCATED AIRPORT DRIVE IN N/A ADDITION TO THE CITY OF
LITTLE ROCK, ARKANSAS;
and the Ordinance was read the first time. A motion followed whereby
the rules were suspended to allow for the second reading of the
Ordinance. The motion was made by Director Dailey, seconded by
Director Priest, and unanimously adopted by members of the Board of
Directors present, being seven 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 Priest
and 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 the members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect; whereupon, there was a third
and last reading of the Ordinance. The passage of the Ordinance was
then submitted to an Aye and No Vote which received the following
f]
May 16, 1989, Cont'd.
response: Ayes - Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford, Dailey and Mayor Villines - total 7; Noes - None;
Absent - None. Mayor Villines then announced that the Ordinance had
PASSED.
A public hearing had been scheduled by Resolution No. 8,142, and
notice thereof duly published on May 8, 1989 and May 15, 1989, on the
petition from the City of Little Rock for the Little Rock Regional
Airport, to vacate and close that portion of Kellett Road between
Fourche Dam Pike and Relocated Fourche Dam Pike, for expansion of the
new Airport Runway. Attached to the petition was a letter from Little
Rock Abstract Company listing the last owners of record to abutting
property. (See plats and instruments attached to the Fourche Dam Pike
Petition.) The proposal received the approval of the Planning
Commission. Mayor Villines then declared the public hearing open and
with no opposition presented, he declared the public hearing closed,
and Ordinance No. 15,686 was presented, with the title being:
AN ORDINANCE VACATING AND CLOSING KELLETT ROAD BETWEEN FOURCHE
DAM PIKE AND RELOCATED FOURCHE DAM PIKE IN N/A ADDITION TO THE CITY OF
LITTLE ROCK, ARKANSAS;
and the Ordinance was read the first time. There was a motion by
' Director Dailey, seconded by Director Priest, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. A second reading of the Ordinance followed, with a
motion being made by Director Priest, seconded by Director Dailey, to
further suspend the rules and place the Ordinance on third and final
reading. With the motion having been unanimously adopted by members
of the Board of Directors present, being seven in number and two -
thirds or more of the members of the Board of Directors - elect, the
Ordinance was read the third and last time. The question, Shall the
Ordinance Pass, was submitted to an Aye and No Vote, which is recorded
as follows: Ayes - Directors Priest, Benafield, Hollingsworth,
Hussey, Shackelford, Dailey and Mayor Villines - total 7; Noes -
None; Absent - None. Whereupon, the Ordinance was declared PASSED.
1
L
1
A public hearing had been scheduled by Resolution No. 8,143 and
notice thereof duly published on May 8, 1989 and May 15, 1989, on the
petition from Attorney William L. Terry for the Missouri Pacific
Railroad Company, to vacate and close that portion of West 15th Street
comprising the railroad crossing located between Jones and Woodrow
Streets, as approved by the Planning Commission. Attached to the
petition was a certified copy of Worthen and Brown's Addition to the
City of Little Rock, on file in the Pulaski County Circuit Clerk's
Office, and a letter from Beach Abstract & Guaranty Company showing
the last apparent owners of record to abutting property. Mayor
Villines then declared the public hearing open and with no one present
who wished to speak in opposition to the proposed closing, Mayor
Villines declared the public hearing closed and Ordinance No. 15,687
was presented, described as:
ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK,
ARKANSAS, VACATING, ABANDONING, AND CLOSING THAT PORTION OF WEST 15TH
STREET COMPRISING THE RAILROAD CROSSING LOCATED BETWEEN JONES STREET
AND WOODROW STREET WITHIN WORTHEN AND BROWN'S ADDITION TO LITTLE ROCK,
ARKANSAS;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second read of the
Ordinance. The motion was made by Director Dailey, seconded by
Director Priest, and unanimously adopted by members of the Board of
Directors present, being seven 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 Priest
and 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 the members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect. There was a third and last
reading of the Ordinance followed by an Aye and No Vote taken on
passage of the Ordinance with the response being: Ayes - Directors
Priest, Benafield, Hollingsworth, Hussey, Shackelford, Dailey and
Mayor Villines - total 7; Noes - None; Absent - None. Therefore,
the Ordinance was declared PASSED.
02 55
riJ�D
it
May 16, 1989, Cont'd.
I
I
Ordinance No. 15,688 was the next presentation, entitled:
AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE
BIDDING AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO
SEAGRAVE FIRE APPARATUS INCORPORATED, FOR REPAIRS TO LADDER TRUCK #4;
(Not to exceed $28,685.00)
and after a first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Priest, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made by Director Priest and seconded
by Director Dailey, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being seven 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. The question, Shall
the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Directors Priest, Benafield,
Hollingsworth, Hussey, Shackelford, Dailey and Mayor Villines - total
7; Noes - None; Absent - None. It was announced that the Ordinance
had PASSED.
,
Ordinance No. 15,689 was. introduced next, and contained the
following heading;
AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 22 OF THE
LITTLE ROCK CODE OF ORDINANCES, PARKS, RECREATION AND CULTURAL
AFFAIRS; DECLARING AN EMERGENCY;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Dailey, seconded by
Director Priest, and unanimously adopted by members of the Board of
Directors present, being seven 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 Priest
and 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 the members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect, and there was a third and
last reading of the Ordinance. Passage of the Ordinance was then
submitted to an Aye and No Vote which resulted as follows: Ayes -
Directors Priest, Benafield, Hollingsworth, Hussey, Shackelford,
Dailey and Mayor Villines - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
,
Ayes - Directors Priest, Benafield, Hollingsworth, Hussey,
Shackelford, Dailey and Mayor Villines - total 7; Noes - None;
Absent - None. The Ordinance, together with the Emergency Clause was
then declared PASSED.
Consideration was then given to Ordinance No. 15,690, described
as:
AN ORDINANCE APPROVING THE RENEWAL OF A THREE -YEAR TAXICAB
OPERATOR PERMIT FOR DEWEY WORTHEY;
(From January 1, 1989 to December 31, 1991.)
and after the Ordinance was read the first time, there was a motion by
Director Dailey, seconded by Director Priest, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a motion made and seconded by Directors Priest and Dailey,
respectively, to further suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present being seven 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. The question, Shall the Ordinance
Pass, was submitted to an Aye and No Vote, which is recorded as
'
May 16, 1989, Cont'd.
follows: Ayes - Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford, Dailey and Mayor Villines - total 7; Noes - None,
Absent - None. Mayor Villines then announced that the Ordinance had
PASSED.
Resolution No. 8,151 was then presented, containing the following
caption:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
WARRANTY DEED IN FAVOR OF PEGGY L. MOCK AND JACK MOCK PURSUANT TO AN
OFFER TO PURCHASE BY PEGGY L. MOCK AND JACK MOCK AS TO TRACT K, AREA
201, LITTLE ROCK PORT INDUSTRIAL PARR, SAID DEED TO CONVEY THE LAND AS
DESCRIBED HEREIN AND TO BE DELIVERED UPON PAYMENT OF THE TOTAL AMOUNT
OF THE PURCHASE PRICE; AND FOR OTHER PURPOSES;
1. Inconsistent with the Highway 10 Plan.
2. Development in a transitional zone without a PUD.
3. Precedent for additional commercial uses leading to strip
development.
4. Lack of use control -all "C -2" uses.
Mr. Lawson and the Board had a long discussion of whether this "C -2"
request with an approved site plan constituted a PUD. There was some
discussion that this "C -2" proposal did constitute a PUD. Mr. Lawson
said that this proposal was not a PUD and that an "almost" PUD is not
what the City wants on Highway 10. Mr. Dalton agreed with that
statement. Mr. Lawson described the following advantages of the PUD
over "C -2" site plan:
1. The use, Safeway is required.
2. A significant revision to the plan must be approved by the
Board of Directors. The site plan is only reviewed by the Planning
Commission and can be amended.
3. Specific landscaping and buffering is required.
4. Use can be limited to one building with architectural
review by the City.
5. The City would have a difficult time not zoning the adjacent
property to the west "C -2 ", if this property were zoned "C -2."
However, this would not be the case with a PCD, because the rezoning
is for a specific use only rather than for all the district uses. The
PCD design can also limit itself to more of a self contained design
rather than an open ended strip commercial.
($20,000.00)
and there was a complete reading of the Resolution. A motion was made
'
by Director Benafield and seconded by Director Priest, that the
Resolution be adopted. The Resolution was adopted by unanimous voice
vote of the Board Members present.
The last matter to be considered was an Ordinance to reclassify
5.916 acres located on Highway 10 and East Taylor Loop Road (Z- 5139),
'
from "R -2" Single - family to "C -2" Shopping Center District. Prior to
presentation of the Ordinance, there was a lengthy discussion
regarding the proposal. To begin the discussion, Mr. Jim Lawson of
the Department of Comprehensive Planning, presented a revised site
plan of the project which was approved by the Planning Commission at
its May 16, 1989 meeting at 1:00 P. M. The revised site plan scaled
down the' proposed Safeway Store's size, eliminated two stand -alone
buildings, a restaurant and a bank, and excluded an additional retail
area connected to the store. The revised plan provided greater buffer
areas and one less curb cut on Highway No. 10. (The original
Ordinance was to reclassify 10.185 acres but, was deferred for ninety
days at the February 15, 1989, Board of Directors Agenda Meeting.)
Mr. Lawson confirmed the staff's recommendation of denial of the "C -2"
rezoning request. He discussed the reasons for the denial
recommendation which included:
1. Inconsistent with the Highway 10 Plan.
2. Development in a transitional zone without a PUD.
3. Precedent for additional commercial uses leading to strip
development.
4. Lack of use control -all "C -2" uses.
Mr. Lawson and the Board had a long discussion of whether this "C -2"
request with an approved site plan constituted a PUD. There was some
discussion that this "C -2" proposal did constitute a PUD. Mr. Lawson
said that this proposal was not a PUD and that an "almost" PUD is not
what the City wants on Highway 10. Mr. Dalton agreed with that
statement. Mr. Lawson described the following advantages of the PUD
over "C -2" site plan:
1. The use, Safeway is required.
2. A significant revision to the plan must be approved by the
Board of Directors. The site plan is only reviewed by the Planning
Commission and can be amended.
3. Specific landscaping and buffering is required.
4. Use can be limited to one building with architectural
review by the City.
5. The City would have a difficult time not zoning the adjacent
property to the west "C -2 ", if this property were zoned "C -2."
However, this would not be the case with a PCD, because the rezoning
is for a specific use only rather than for all the district uses. The
PCD design can also limit itself to more of a self contained design
rather than an open ended strip commercial.
Mr. Lawson stated that he had not met with the City Manager and that
they were prepared to support a possible Highway 10 Plan amendment and
'
a Safeway PCD on this site. He further stated that in order to
25S
May 16, 1989, Cont'd.
completely support the PCD some further design details such as
buffering, etc. needed to be reviewed as drawings are completed, but
no significant deviation from this site plan was expected. The Board
of Directors discussed at length the merits of the revised site plan.
They discussed the impacts that the rezoning might have on the Highway
10 Plan. Further, they mentioned their recently adopted Resolution
No. 8103, which recommended that the Highway 10 Plan not be amended -
for a period of two years. In the discussion Director Dailey
commented that he sees trade -offs that would lead to quality growth.
Director Benafield said changes will happen; adding, "every Plan will
change." Melissa Carroll, a neighborhood resident asked why this
rezoning was even being discussed. It obviously did not comply with
the Board's Resolution of February 7, 1989, which stated the Board of
Directors' intent not to amend the Plan for a period of two years.
She asked the Board of Directors to deny the "C -2" request to protect
the integrity of the Highway 10 Plan. Others speaking in opposition
to the rezoning were: D. B. Hill, III, 14623 Sheperd Drive, and Ms.
Ruth Bell of the League of Women Voters. Those present to speak for
the proposal were: Attorney David Menz, 400 Rogers Building; Don
Pennington, 8109 I -30; Ms. Evelyn Thomas, 10 Thomas Park Circle; Ms.
Betty Saugey, Route 1, Box 80, Roland; John V. Schlereth, 1275 Tower
Building; Richard Robinson, 8109 I -30; and Wes Lowder, 2424 Pear
Orchard Drive. Following the lengthy discussion the following
proposed Ordinance was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5129 - Located at Highway No. 10 and East Taylor Loop Road.)
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Bussey, seconded by--
Director Priest, and unanimously adopted by members of the Board of
Directors present, being seven 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 Bussey
and 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 the members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect, and there was a third and
last reading of the Ordinance. The passage of the Ordinance was then
submitted to an Aye and No Vote which resulted as follows: Ayes -
Directors Benafield and Dailey - total 2; Noes - Directors Priest,
Hollingsworth, Bussey, Shackelford and Mayor Villines - total 5;
Absent - None. It was then announced that the Ordinance had FAILED TO
PASS.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 9:53 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, June 6, 1989,
at 6:00 o'clock P. M.
ATTEST: (�? APPROVED: Z os",O--
City Clerk Jane Czech Mayor Floyd G. Villines, III
I
Board of Directors Chamber
Little Rock, Arkansas
June 6, 1989 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth, Shackelford and Dailey -
total 5; Absent - Director Bussey - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Director Benafield.
The first matter to be considered was the Consent Agenda,
consisting of the following items:
I
(a) The reading of the Minutes of the previous meeting held May
' 16, 1989.
(b) The 1988 Audit Report of the Municipal Judges Retirement
i Fund.
(c) The 1988 Audit Report of the Firemen's Relief and Pension
Fund.
(d) The 1988 Audit Report of the Policemen's Pension and Relief
Fund.
(e) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of April, 1989.
(f) Resolution No. 8,152, entitled:
A RESOLUTION AUTHORIZING THE EXCHANGE OF QUITCLAIM
DEEDS BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND CONGREGATION
B'NAI ISRAEL FOR PROPERTY IN OAKLAND CEMETERY, AND PRESCRIBING MATTERS
RELATING THERETO.
(g) Resolution No. 8,153, with the title being:
A RESOLUTION ALLOCATING TITLE IIA JOB TRAINING
PARTNERSHIP ACT (JTPA) FUNDS FOR EDUCATION AND TRAINING SERVICES FOR
DISADVANTAGED YOUTH AND ADULTS AND OTHER INDIVIDUALS WITH EMPLOYMENT
BARRIERS TO PATHFINDER, SDA -ON- THE -JOB TRAINING, SDA - CLASSROOM
TRAINING, LITTLE ROCK SCHOOL DISTRICT - HIPPY, CORNERSTONE, YOUTH
COMPETENCIES, PARTICIPANT ASSISTANCE AND ADMINISTRATION FOR PROGRAM
YEAR 1989 (JULY 1, 1989 -JUNE 30, 1990).
(h) Resolution No. 8,154, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF MOWING UNITS FOR CITY
GOLF COURSES, TURF CARE VEHICLES FOR GOLF COURSE MAINTENANCE, AND DUMP
TRUCKS FOR THE DEPARTMENT OF HUMAN AND GENERAL SERVICES, FLEET
SERVICES DIVISION; ANNUAL CONTRACTS FOR BODY WORK FOR THE FLEET
SERVICES DIVISION OF HUMAN AND GENERAL SERVICES AND TRAVEL SERVICES
FOR VARIOUS DEPARTMENTS.
(i) Resolution No. 8,155, containing the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH JOYNER -FORD & BURKE TO CONSTRUCT BRIDGE MODIFICATIONS
FOR THE FOURCHE CREEK DRAINAGE PROJECT. (Not to exceed $887,000.00)
,,,r -9
,..0
JUNE 6, 1989, Cont'd.
(j) Resolution No. 8,156, entitled:
A RESOLUTION ALLOCATING 1988 CAPITAL IMPROVEMENT BOND
FUNDS (APPROPRIATED BY ORDINANCE NO. 15,473) TO METROCENTRE STREET
IMPROVEMENTS, QUAPAW AREA AND HILLCREST AREA STREET IMPROVEMENTS; AND
AMENDING RESOLUTION NO. 8,116. (Metrocentre Street Improvements not
to exceed $590,00.00; Quapaw Area Improvements not to exceed
$245,000.00; and Hillcrest Area improvements not to exceed
$245,000.00.)
(k) Motion to set the date for public hearing on June 20, 1989,
to consider a Zoning Appeal (Case Z- 5133), to rezone 3.5 acres located
at Pinnacle Valley Road and the railroad tracks, from "R -2" Single -
family to "C -3" General Commercial District, which was denied by the
Planning Commission on May 2, 1989.
By a motion from Director Shackelford, seconded by Director Priest,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held May 16, 1989, were approved as written and
summarized to members of the Board of Directors; (b, c, d and e) The
1988 Audit Reports of the Municipal Judges Retirement Fund, the
Firemen's Relief and Pension Fund, the Policemen's Pension and Relief
Fund, and the Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of April, 1989, were received
and filed; (f, g, h, it and j) Resolutions No. 8,152, 8,153, 8,154,
8,155, and 8,156 were read in full and unanimously adopted by members
of the Board of Directors present; and (k) Public Hearing was set for
June 20, 1989 to consider the Zoning Appeal to rezone 3.5 acres
located at Pinnacle Valley Road and the railroad tracks, from "R -2" to
"C -3" District.
A Resolution to express the intent of the City of Little Rock to
zone the Little Rock Planning Area in phases, was included in the
Consent Agenda as Item (1), but Mayor Villines announced that it would
be removed from the Consent Agenda and considered as the last item on
the Official Agenda, because there were citizens present who wished to
speak on the issue.
Immediately following the adoption of the Consent Agenda, in the
absence of Director Bussey who is the City's representative on the
Private Industry Council, Director Hollingsworth presented a
"Certificate of Appreciation" to Mr. Art Williams for his service as a
member of the PIC Council. Director Hollingsworth introduced Mr.
Charles Mobley, Director of Manpower /JTPA Programs, who presented
plaques to Dr. Beadle Moore and Mr. Paul Berry. Director
Hollingsworth also presented "Certificates of Appreciation" to Dr.
Moore and Mr. Berry for their service on the PIC Council. Mr. Berry,
who served as chairman, thanked the Staff and Board for their work and
support in making the various programs a success.
Vice Mayor /Director Priest presented "Certificates of
Appreciation" to Jason Phillips, Michael McNamera and Jason Stallman,
members of Troop 4 of St. Theresa's Catholic Church, for achieving
Eagle Scout designation.
At the time allotted for Citizen Communications, Mr. Samuel N.
Weigle, 14300 Rock Creek Parkway, and Mr. Jim Bishop, 14300 Rock Creek
Parkway, Parkway Village, spoke to the Board regarding the street name
change of Rock Creek Parkway to Chenal Parkway, to which they are
opposed. Resolution No. 81114, adopted March 7, 1989, by the Board of
Directors, authorized the name change. Mr. Weigle questioned the
legality of the vote adopting the Resolution without a public hearing
of all the people involved in the decision. City Attorney Mark
Stodola responded, "there is not any legal requirement for that."
Upon question by Mr. Weigle, Mr. Stodola advised that a Resolution has
the same effect as an Ordinance. Mr. Bishop read his letter dated May
23, 1989, to Mayor Villines in which he stated on May 15, 1989, Jack
McCray, Marsha Cunningham and Larry Lazenby attended a Parkway Village
Council town hall meeting for all residents where slides of the
project were shown. Questions and answers were discussed and Mr.
McCray agreed to work with the residents to change addresses and to
reimburse them for any reasonable financial inconvenience such as
business cards, stationery, etc. The main question was why the
residents were not told about the proposed name change. Mr. Bishop
said a petition was circulated showing 558 of the total residents
opposed the name change (petition was filed with the City Clerk). Mr.
McCray's proposal was (1) Assign a person to Parkway Village to
1
/V �7
JUNE 6, 1989, Cont'd.
7
LJ
assist those residents with change of address forms, etc.; (2)
Reimburse residents for reasonable financial inconvenience
(stationery, business cards, etc.); and (3) work in concert with
Parkway Village Administration to insure a smooth transition. Mr.
Bishop advised that the residents did not "buy" Mr. McCray's proposal.
He explained that the Senior Citizen Home Ownership is a new concept.
Residents pay cash for their unit and a monthly fee for services,
which is not rent; adding, "we do own our home, pay taxes on our
furniture, and we vote." Regarding the cost of street name changes,
Mr. Bishop suggested that a sign "Chenal Valley" with an arrow
pointing to the direction be considered. Director Dailey asked Mr.
Bishop what the primary objection is. He advised the proposal does
not cover car registration, driver's license, etc. The things
included do not amount to much such as stationery and business cards,
since retired people no longer need business cards. He further
commented that he feels that more than 558 of the residents will stand
firm in opposition. Director Benafield stated that it would not
bother him to take another look at it, and obviously he received
information that was not correct. There was discussion among Board
Members regarding failure to notify residents and City Manager Tom
Dalton said apparently there was a break down in communication between
the ownership and residents of Parkway Village. To conclude the
discussion, it was generally agreed by Board Members to place a motion
on the June 20, 1989 Agenda, to reconsider Resolution No. 8,114,
changing the name of various streets including Rock Creek Parkway, to
Chenal Parkway.
Director Shackelford was excused.
A proposed Ordinance was the next presentation, entitled:
AMENDMENT TO THE HIGHWAY 10 LAND USE PLAN ON EITHER SIDE OF
PINNACLE VALLEY ROAD SOUTH TO THE RAILROAD TRACK, THE LAND USE TO BE
CHANGED FROM SINGLE FAMILY TO NON - SINGLE FAMILY USE; AND FOR OTHER
PURPOSES;
and the proposed Ordinance was read the first time. The rules were
then suspended and the Ordinance placed on second reading by motion
from Director Priest and seconded by Director Dailey, which was
unanimously adopted by members of the Board of Directors - elect. Upon
second reading of the Ordinance there was a subsequent motion again
made by Director Priest that the rules be suspended and the Ordinance
be placed on third and final reading. Director Dailey seconded the
motion which 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. Before the third reading
of the Ordinance Attorney Herb Rule of the Rose Law Firm, representing
the Char -Beck Trust, which owns the Candlewood Development, described
the location of the area on either side of Pinnacle Valley Road south
of the Railroad Track, as being inappropriate for single - family use.
' The Planning Commission approved the amendment at a public hearing by
a vote of 6 ayes and 2 noes. it was Mr. Rule's opinion that this
modification was not a zoning matter; but, "what is happening is
planning." in explaining the Staff's recommended denial of the
proposal, City Manager Tom Dalton stated the proposal is inconsistent
with the existing Highway No. 10 Plan, because it envisions a use that
is not even in use. Director Dailey's problem with the matter was
that "there is too much unknown." Director Hollingsworth agreed with
Director Dailey's statement, adding that he wants to see the Highway
No. 10 Plan work. Following the discussion, the proposed Ordinance
was read the third and last time and a vote was then taken on the
question, Shall the Ordinance Pass, with the response being: Ayes -
Director Benafield - total 1; Noes - Directors Hollingsworth, Dailey,
Mayor Villines and Director Priest - total 4; Absent - Directors
Hussey and Shackelford - total 2. Therefore, it was announced that
the Ordinance had FAILED TO PASS.
At this point in the meeting, Mayor Villines introduced members
of Boy Scout Troop No. 7 of St. Mark's Episcopal Church, who were
present to observe the meeting.
LJ
JUNE 6, 1989, Cont'd.
Consideration was then given to Ordinance No. 15,691, with the
title being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED COMMERCIAL DEVELOPMENT DISTRICT TITLED
RIVERDALE HARBOUR - CANAL POINTE (Z- 4987 -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- 4987 -A - 8.4788 acres beginning at the NE corner of Tract D -2A,
Riverdale Addition to the City of Little Rock.)
with the Ordinance being read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Hollingsworth, and unanimously adopted by 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. A second reading
of the Ordinance followed, with a motion being made by Director
Priest, seconded by Director Dailey, to further suspend the rules and
place the Ordinance on third and final reading. With the motion
having been unanimously adopted by 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 read the third and
last time. The resulting Aye and No Vote taken on passage of the
Ordinance is herein recorded as follows: Ayes - Directors Benafield,
Hollingsworth, Dailey, Mayor Villines and Director Priest - total 5;
Noes - None; Absent - Directors Bussey and Shackelford - total 2.
The Ordinance was then declared PASSED.
Ordinance No. 15,692 was introduced, described as:
AMENDMENT TO THE UPPER ROCK CREEK AND EXTRATERRITORIAL LAND USE
PLANS, TO CHANGE LAND USE CLASSIFICATION IN THE AREA NORTH OF ROCK
CREEK, EAST OF THE CHENAL PARKWAY, WEST OF THE CITY LIMITS AND SOUTH
OF THE PROPOSED WEST LOOP; AND OTHER MATTERS;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by 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. There was a second reading of the Ordinance
followed by a subsequent motion made and seconded by Directors Priest
and Dailey, respectively, to suspend the rules and place the Ordinance
on third and final reading. The motion received unanimous adoption by
the Board Members present, being five 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. The Aye and No Vote taken on passage
of the Ordinance received the following response: Ayes - Directors
Benafield, Hollingsworth, Dailey, Mayor Villines and Director Priest -
total 5; Noes - None; Absent - Directors Hussey and Shackelford -
total 2. Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 151693, containing the
following caption:
AMENDMENT TO THE MASTER STREET PLAN, UPPER ROCK CREEK AND
EXTRATERRITORIAL LAND USE PLANS, TO ADD AN ARTERIAL FROM THE WEST LOOP
TO AN UNNAMED NORTH /SOUTH MINOR ARTERIAL; AND OTHER MATTERS;
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Hollingsworth, which was
unanimously adopted by 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. Upon second reading of the Ordinance there
was a subsequent motion again made by Director Priest that the rules
be suspended and the Ordinance be placed on third and final reading.
Director Dailey seconded the motion which 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. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Benafield,
Hollingsworth, Dailey, Mayor Villines and Director Priest - total 5;
Noes - None; Absent - Directors Bussey and Shackelford - total 2.
Mayor Villines then announced that the Ordinance had PASSED.
Ll
�I
JUNE 6, 1989, Cont'd.
Ordinance No. 15,694 was the next presentation, entitled:
AN ORDINANCE AMENDING CHAPTER 36, SECTION 36 -85 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR
MODIFICATION OF THE APPEALS LANGUAGE;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by 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. There was a second reading of the
Ordinance, followed by a motion made and seconded by Directors Priest
and Dailey, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present being five 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. The question, Shall
the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Directors Benafield,
Hollingsworth, Dailey, Mayor Villines and Director Priest - total 5;
Noes - None; Absent - Directors Bussey and Shackelford - total 2.
The Ordinance was then declared PASSED.
The next matter to be considered was Ordinance No. 15,695, with
the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER AND A VARIANCE TO
ALLOW A PIPE -STEM LOT AND A SEVENTY -FIVE FOOT HORIZONTAL CENTER LINE
RADIUS ON FOXCROFT ROAD;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Hollingsworth, and unanimously adopted by 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 Priest and 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 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. There was a
third and last reading of the Ordinance followed by an Aye and No Vote
taken on passage of the Ordinance with the results recorded as
follows: Ayes - Directors Benafield, Hollingsworth, Dailey, Mayor
Villines and Director Priest - total 5; Noes - None; Absent -
Directors Bussey and Shackelford - total 2. Mayor Villines then
announced that the Ordinance had PASSED.
Ordinance No. 15,696 was presented, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A VARIANCE IN LOT WIDTH TO
DEPTH RATIO, A WAIVER TO ALLOW PIPE -STEM LOTS, AND A VARIANCE IN
RIGHT -OF -WAY WIDTH, IN THE RAIN FOREST ADDITION, 2ND PRELIMINARY;
and the Ordinance was read the first time. A motion followed whereby
the rules were suspended to allow for the second reading of the
Ordinance. The motion was made by Director Priest, seconded by
Director Hollingsworth, and unanimously adopted by 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 Priest and 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 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; whereupon, there
was a third and last reading of the Ordinance. The passage of the
Ordinance was then submitted to an Aye and No Vote which received the
following response: Ayes - Directors Benafield, Hollingsworth,
Dailey, Mayor Villines and Director Priest - total 5; Noes - None;
Absent - Directors Bussey and Shackelford - total 2. Therefore, the
Ordinance was declared PASSED.
2(3
-'G'j
JUNE 6, 1989, Cont'd.
Ordinance No. 15,697 was next considered and contained the
following heading:
AN ORDINANCE VACATING AND CLOSING NICKELL AND STACY (FARRIS)
STREETS BETWEEN MARKHAM PARKWAY AND WEST MARKHAM STREET IN HILLVALE
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
with the Ordinance being read the third and last time. The Ordinance
was read the first time on June 7, 1988, and the second reading
occurred on July 5, 1988. The final reading of the Ordinance was
deferred pending the filing of a dedication of right -of -way with the
City Clerk. The easement deed dated May 30, 1989 was filed with the
City Clerk; therefore, the Ordinance was removed from the table and
read the third and last time. A roll call vote was taken on the
passage of the Ordinance with the results recorded as follows: Ayes -
Directors Benafield, Hollingsworth, Dailey, Mayor Villines and
Director Priest - total 5; Noes - None; Absent - Directors Hussey
and Shackelford - total 2. Whereupon, the Ordinance was declared
PASSED.
The presentation of Ordinance No. 15,698 was next, with the title
being:
AN ORDINANCE ADOPTING THE NORTHWEST EXTRATERRITORIAL LAND USE
PLAN, COVERING THE AREA OUTSIDE THE CITY LIMITS WEST TO THE PLANNING
BOUNDARY AND NORTH OF KANIS ROAD TO THE ARKANSAS RIVER;
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by 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. A second reading of the Ordinance followed,
with a motion being made by Director Priest, seconded by Director
Dailey, to further suspend the rules and place the Ordinance on third
and final reading. With the motion having been unanimously adopted by
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 read the third and last time. The question, Shall the
Ordinance Pass, was submitted to an Aye and No Vote, which is recorded
as follows: Ayes - Directors Benafield, Hollingsworth, Dailey, Mayor
Villines and Director Priest - total 5; Noes - None; Absent -
Directors Bussey and Shackelford - total 2. It was announced that the
Ordinance had PASSED.
A public hearing had been scheduled for this time and place to
consider a Resolution authorizing a Memorandum of Intent by and
between the City of Little Rock, Arkansas, and Seal- Dry /UFA, Inc.
pertaining to the issuance of Industrial Development Revenue Bonds for
financing the costs of acquiring and equipping industrial facilities.
Mayor Villines declared the public hearing open and when no one
appeared to speak for or against the proposal, the public hearing was
closed and Resolution No. 8,157 was presented, entitled:
A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN
THE CITY OF LITTLE ROCK, ARKANSAS, AND SEAL- DRY /UFA, INC., PERTAINING
TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FINANCING
THE COSTS OF ACQUIRING AND EQUIPPING INDUSTRIAL FACILITIES; AND
PRESCRIBING OTHER MATTERS RELATING THERETO;
(Formerly Leird Act 9 Bond Project located in the vicinity of 33rd and
Woodrow Streets.)
with the Resolution being read in its entirety. A motion was made by
Director Dailey and seconded by Director Hollingsworth, that the
Resolution be adopted. The Resolution was adopted by unanimous voice
vote of the Board members present.
The last matter to be considered was a proposed Resolution
containing the following caption:
TO EXPRESS THE INTENT OF THE CITY OF LITTLE ROCK TO ZONE THE
LITTLE ROCK PLANNING AREA IN PHASES;
and there was a complete reading of the Resolution. Mr. Jim Lawson of
the Department of Comprehensive Planning displayed a map and gave an
overview of the Little Rock Planning Area in the three phases. He
explained that State Law does allow cities to zone up to three miles
Ll
I
JUNE 6, 1989, Cont'd.
outside of the City Limits, and "we have used this law in the past; we
have used it down in the south area, east of the Airport and we have
used it on the other side of the I -430 bridge along the Arkansas
River." He emphasized this Resolution only expresses the intent to
zone and there will be no zoning at this time; however, he expressed
hope this will be done within the next year or year and one -half.
Responding to a comment from Mr. Ernie Matkin saying building permits
would be required, Mr. Lawson advised that this is outside the City
Limits and building permits will not be required, but there will be a
location permit which means once the land is zoned "R -2" Single -
family, then owners will have to comply with those things that are in
the Ordinance. Upon question by Mayor Villines, Mr. Lawson stated
Area 1 is the area the Department hopes to complete this year,
followed by Areas 2 and 3 at a later date. He explained to Director
Hollingsworth that this process is the first step followed by the Land
Use Plan. Residents speaking in opposition were as follows: Mr.
Ernie Matkin, Rt. 1, Box 110 -C, Roland, Arkansas; Mr. Mytus King, Rt.
3, Box 392 -A, Little Rock; and Mr. Bart Moreland, Jr., Rt. 1, Roland,
Arkansas. Attorney Dan Kroha who was also opposed to the Resolution,
charged that this is legislation without representation and asked the
Board not to approve the proposal. Following the discussion, Director
Dailey moved, seconded by Director Benafield, that action on the
Resolution be deferred until the next meeting to allow for further
consideration. The motion was unanimously adopted by the Board
Members present, and the Resolution will again be placed on the June
20th Agenda.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 8:00 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, June 20, 1989,
at 6:00 o'clock P. M.
ATTEST:
City Clerk Jane Czech
APPROVED: �%
Mayor Flo d G.
VL�.f�tl i�
Villines, III
Z65
#Z6G
1
Board of Directors Chamber
Little Rock, Arkansas
June 20, 1989 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth, Shackelford and Dailey -
total 5; Absent - Director Hussey - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Director Hollingsworth.
The first matter to be considered was the Consent Agenda,
consisting of the following items:
(a) The reading of the Minutes of the previous meeting held June
6, 1989.
(b) The 1988 Comprehensive Annual Financial Report of the City
of Little Rock, Arkansas.
(c) Resolution No. 8,158, entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF "UNITED PARCEL
SERVICE" TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM.
(Located at 5501 Fourche Dam Pike)
(d) Resolution No. 8,159, with the title being:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF "MAINSTREET
MALL" TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM.
(Located at 501 Main Street)
(e) Resolution No. 8,160, described as:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF BELL EQUITIES,
INC. TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM. (Located
at 1321 East 2nd Street)
(f) Resolution No. 8,161, containing the following caption:
A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FOR THE
NEW FUTURES SCHOOL -PARKS PROGRAM. (Transfer of $22,500.00)
(g) Resolution No. 8,162, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE ANNUAL CONTRACT FOR ASPHALTIC
MATERIALS AND THE RESURFACING PROGRAM FOR THE PUBLIC WORKS DEPARTMENT,
AND AN AERIAL BUCKET TRUCK FOR HUMAN & GENERAL SERVICES, FLEET
SERVICES DIVISION.
(h) Resolution No. 8,163, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A
CONTRACT TO TEMPLE & SON ELECTRIC OF DECATUR, ALABAMA FOR TRAFFIC
SIGNAL SYSTEM EQUIPMENT FOR RODNEY PARHAM AND GEYER SPRINGS ROADS.
(In the amount of $44,858.00)
(i) Resolution No. 8,164, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH BLAYLOCK, THREET, PHILLIPS & ASSOCIATES, INC. FOR
DESIGN ENGINEERING FOR CDBG 14TH YEAR CONSTRUCTION OF BOWERS STREET
FROM 44TH STREET TO ASHER AVENUE. (In the amount of $23,770.00)
JUNE 20, 1989, Cont'd.
2
(j) Resolution No. 8,165, containing the following heading:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH MEHAFFY CONSTRUCTION COMPANY TO CONSTRUCT THE TAYLOR
LOOP - HINSON ROAD PROJECT, PHASE I, A 1988 CAPITAL IMPROVEMENT BOND
PROJECT. (Not to exceed $1,135,000)
(k) Resolution No. 8,166, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
ONE YEAR CONTRACT WITH EMPLOYERS' REINSURANCE CORPORATION TO PROVIDE
CONTINUATION OF WORKERS' COMPENSATION REINSURANCE FOR CITY EMPLOYEES.
(7 -1 -89 through 6- 30 -90)
(1) Resolution No. 8,167, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH ADJUSTCO, INC., TO PROVIDE CLAIMS ADMINISTRATION AND
LOSS CONTROL SERVICES TO THE CITY OF LITTLE ROCK WORKERS' COMPENSATION
PROGRAM FOR THE PERIOD OF JULY 1, 1989 THROUGH JUNE 30, 1990.
(m) Resolution No. 8,168, described as:
'
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
WRECKER SERVICE CONTRACT WITH ROUTH WRECKER SERVICE FOR A TWO YEAR
PERIOD ENDING JULY 15, 1991.
A Resolution was placed on the Consent Agenda as (n) with the
title being "Adopting a Growth Policy Statement for the City of Little
Rock ", which was removed from the Consent Agenda and considered
separately, after Board Members agreed to amend the title to delete "a
growth" and insert "an interim ", and to amend Section One to delete
"growth" and insert "interim." (See action following Consent Items
(a) through (m).
By a motion from Director Shackelford, seconded by Director
Priest, which was adopted by unanimous vote of the Board Members
present, the Consent Agenda was dispensed with as follows: (a) The
Minutes of the previous meeting held June 6, 1989, were approved as
written and summarized to members of the Board of Directors; (b) The
1988 Comprehensive Annual Financial Report of the City of Little Rock
was received and filed; and (c, d, e, f, g, h, i, j, k, 1, and m)
Resolutions No. 81158, 8,159, 8,160, 8,161, 8,162, 8,163, 8,164,
8,165, 8,166, 8,167, and 8,168, were read in full and unanimously
adopted by the Board Members present.
Director Hussey was enrolled.
Resolution No. 8,169 placed on the Consent Agenda as (n) was then
presented and contained the following caption:
A RESOLUTION ADOPTING AN INTERIM POLICY STATEMENT FOR THE CITY OF
LITTLE ROCK;
and there was a complete reading of the Resolution. A motion was made
by Director Dailey and seconded by Director Priest, that the
Resolution be adopted. A voice vote followed and the Resolution was
adopted by unanimous voice vote of the Board Members present.
At the time allotted for Citizen Communications, Rev. William H.
Robinson, 4000 West 13th Street, spoke to the Board and announced The
Black Community Developers of Hoover United Methodist Church and St.
Vincent Infirmary Medical Center will hold the first statewide
conference in America to address the impact of crack cocaine in
Arkansas. The conference will be held July 12th through 14th, at St.
Vincent Center for Health Education, and seeks to create an on -going
state network and support system to battle the exploding crisis of
crack cocaine, a primary health problem not only in Arkansas, but
across the United States. Rev. Robinson asked the Board to support
the conference which addresses prevention of, treatment for, and
recovery from, the plague of crack cocaine. He stated that Mayor
Villines had agreed to deliver the welcome address at the conference.
/dV 6
JUNE 20. 1989. Cont'd.
K
Consideration was then given to Ordinance No. 15,699, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A "PCD" PLANNED COMMERCIAL DISTRICT TITLED MARKHAM CENTER
SHORT FORM "PCD" (Z- 1807 -B) 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- 1807 -B - Northwest corner of West Markham Street at Rose Street,
described as Lots 1, 2, 3, 4, 10, 11 8 12, Blankenship's Resubdivision
of Block 8, Glendale Addition to the City of Little Rock, from 'R -50
and "0-3" Districts to °PCD".)
and the Ordinance was read the first time. Mr. Gary Greeson, Director
of Comprehensive Planning, displayed a drawing of the site plan and
commented on the project proposals. Mr. Wayne Sherrell, Chief Traffic
Engineer, made a presentation suggesting that the driveway off of
Markham Street which is on the south side of the property, be widened
to thirty feet; that the existing traffic signal at that location be
modified; and, that traffic to the development be handled primarily
from Markham Street. With these changes, he said there would be no
reason to widen Rose Street. Mr. Sherrell advised the Staff had met
with the developer who concurred with these changes. A discussion
followed in which Director Dailey commented on some of the
neighborhood parking and traffic problems and requested that the Staff
make a recommendation, and that some sort of study be made of the
neighborhoods around the Medical Center. Mr. Greeson said he is
working with the Hillcrest Property Owners Association and Staff,
regarding traffic problems in the area. A motion was made by Director
Dailey and seconded by Director Bussey, 'that the Plan be amended to
widen the West Markham Street entry drive to thirty feet; that the
signal system at West Markham Street and Hooper Drive be modified at
the developer's expense; that 'A' Street be improved to the standard
twenty -seven feet, and the ten feet behind the curb on 'A' Street be
considered part of the landscaping area; and that no improvements be
made on Rose Street.' The motion was unanimously adopted by the Board
Members present. At the recommendation of City Attorney Mark Stodola,
a motion was made by Director Priest, seconded by Director Dailey,
'that Section Two of the Ordinance be amended to read, 'That the
preliminary site development plan /plat be approved as recommended by
the Little Rock Planning Commission, and amended by the Little Rock
Board of Directors'.' The motion was unanimously adopted by the Board
Members present. Mrs. Betty B. Hendricks, 4215 "C" Street,,.-read a,
prepared statement in opposition to the shopping center. Her
particular concern was the widening of Rose Street, the full block
penetration to "A" Street from Markham Street, and the loss of oak
trees. Mayor Villines advised Mrs. Hendricks that Rose Street will
not be widened and some of the oak trees will be saved. She asked
that the zoning be delayed to allow residents to become familiar with
the proposal. To conclude the discussion Director Hollingsworth asked
that the area east of the Medical Center also be included in the study
and recommendation. There was a motion by Director Priest, seconded
by Director Shackelford, to suspend the rules and place the Ordinance,
as amended, on second reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect. A
second reading of the Ordinance followed, with a motion being made by
Director Priest, again seconded by Director Shackelford, to further
suspend the rules and place the Ordinance on third and final reading.
With the motion having been unanimously adopted by members of the
Board of Directors present, being seven in number and two- thirds or
more of the members of the Board of Directors- elect, the Ordinance was
read the third and last time. The question, Shall the Ordinance Pass,
was submitted to an Aye and No Vote, which is recorded as follows:
Ayes - Directors Hollingsworth, Bussey, Shackelford, Dailey, Mayor
Villines, Directors Priest and Benafield - total 7; Noes - None;
Absent - None. Whereupon, the Ordinance, as amended, was declared
PASSED.
Ordinance No. 15,700 was the next presentation, with the title..
being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED COMMERCIAL DEVELOPMENT DISTRICT TITLED CHEVRON
SHORT FORM PCD (Z- 3592 -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;
J
JUNE 20, 1989, Cont'd.
4
(Z- 3592 -A - 1.010 acres located at the southwest corner of Kamis and
Shackleford Roads, from "C -2" Shopping Center District to "PCD. ")
and there was a first reading of the Ordinance. Mr. Gary Greeson,
Director of Comprehensive Planning, advised that he had received a
letter from Mehlburger, Tanner, Robinson & Associates, Engineers,
advising that the building foot print in the landscape area on the
west side of the site, has been eliminated from the Plan. Mr. Jim
Hathaway, representing West Little Rock Partnership, spoke in favor of
the proposal. He pointed out the Plan calls for 25' of landscape
buffering along the Shackleford Road boundary; 27' of landscape
buffering on the west side of the property; the retention of
approximately 16 trees within the buffered area; and in addition,
there is significant other landscaping. Also, he stated the Chevron
people had agreed to build a retaining wall of limestone rock against
the south boundary line, as requested by the Staff. Mr. Hathaway said
he had no knowledge of any citizen opposition to the "PCD." Upon
question by Mayor Villines, Mr. Greeson advised that if the car wash
is removed from the Plan, leaving only the service station, the use
would be "C -2" Shopping Center District. In the discussion among
Board Members, Mr. Hathaway answered questions regarding the Plan and
zoning classifications in abutting properties. Several Board Members
voiced concerns about the use at the subject location. A motion then
followed from Director Shackelford, seconded by Director Benafield, to
suspend the rules and place the Ordinance on second reading. The
motion was unanimously adopted by members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect. A second reading of the Ordinance
followed, with a motion being made by Director Shackelford, again
seconded by Director Benafield, to further suspend the rules and place
the Ordinance on third and final reading. With the motion having been
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect, the Ordinance was read the third and last
time. The question, Shall the Ordinance Pass, was submitted to an Aye
and No Vote, which is recorded as follows: Ayes - Directors
Hollingsworth, Hussey, Shackelford, Dailey, Mayor Villines, Directors
Priest and Benafield - total 7; Noes - None; Absent - None. In
casting her Aye vote, Director Priest commented that she was still
uncomfortable with the use. The Ordinance was then declared PASSED.
Zoning Application 9-5183 from Essa K. Alley with title to the
property vested in Kamis Alley, was introduced next. The application
to rezone 1.15 acres at 8509 Scott Hamilton Drive, from "R -2" Single -
family District to "C -3" General Commercial and "OS" Open Space
District, was approved by the Planning Commission on May 30, 1989. No
opposition to the rezoning was presented and Ordinance No. 15,701 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;
(Z -5183 - To rezone 8509 Scott Hamilton Drive, from "R -2" District to
"C -3 ".General Commercial and "OS" open Space Districts.)
with the Ordinance being read the first time, followed by a motion
from Director Shackelford to suspend the rules and place the Ordinance
on second reading. The motion was seconded by Director Dailey and
adopted by unanimous vote of the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Shackelford and
Bussey, respectively, and unanimously adopted by the Board Members
present, being seven 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, there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Directors Hollingsworth, Bussey, Shackelford, Dailey, Mayor
Villines, Directors Priest and Benafield - total 7; Noes - None;
Absent - None. Mayor Villines then announced that the Ordinance had
PASSED.
A. discussion was held on whether to reconsider Resolution No.
8,114, adopted March 7, 1989, which authorized changing the name of
Hermitage Road to "Financial Centre Parkway" for that portion lying
P6
JUNE 20, 1989, Cont'd.
5
west of Hardin Road and east of Autumn Road in Section 14, T -1 -N, R-
13-W, City of Little Rock; and designating all of the proposed Parkway
from Autumn Road and Rock Creek Parkway, portions of Rock Creek
Parkway, Kanis Road and the new construction from Kanis Road to its
juncture with Highway No. 10, to be known hereafter as the "Chenal
Parkway." Mr. Jim Bishop and Attorney Shelby R. Blackmon, both
residents of Parkway Village at 14300 Rock Creek Parkway, spoke in
opposition to the street name change. (See Minutes of June 6, 1989 -
Citizen Communications.) They questioned why the residents of Parkway
Village were not notified of the street name change from Rock Creek
Parkway to "Chenal Parkway." Mr. Bishop filed a petition in
opposition which was signed by residents of Parkway Village. Attorney
Bill Spivey, representing the I -630 to Arkansas State Highway 10
Parkway Property Owners Improvement District No. 338 of Pulaski
County, Arkansas, and Mr. C. W. Butler, Jr., who is the Chairman of
the District, explained that an effort was made in March to notify
each property owner. He felt "we acted in good faith in going to the
Board of Trustees of the Baptist Medical System." (Parkway Village is
owned and operated by Baptist Medical System.) Mr. Spivey stated that
District No. 338 would be willing to provide assistance to any one
needing help with the transition to the new street name. Mr. Butler
apologized for not going to each resident instead of going directly to
the Board of Trustees of the Baptist Medical System. There was no
motion to reconsider Resolution No. 81114 and no action was taken.
Introduced next was Resolution No. 8,170, described as:
TO EXPRESS THE INTENT OF THE CITY OF LITTLE ROCK TO ZONE THE
LITTLE ROCK PLANNING AREA IN PHASES;
and there was a complete reading of the Resolution. (See Minutes of
June 6, 1989, for discussion and motion to defer until June 20, 1989.)
Mr. Tommy Evans, Mr. John H. McCaleb and Mr. Bill Taylor, members of
the Pulaski County Property Owners Association, spoke in strong
opposition to the Resolution. A motion was made by Director Priest
and seconded by Director Shackelford, that the Resolution be adopted.
Mayor Villines called for a voice vote and the Resolution was
unanimously adopted by the Board Members present.
The last matter to be considered was Resolution No. 8,171, with
the title being:
A RESOLUTION MAKING AN APPOINTMENT TO THE LITTLE ROCK PORT
AUTHORITY;
(Appointing Mr. James R. Cobb to a five year term expiring July 6,
1994, replacing Mr. Fred I. Brown, Jr.) (Also names chairman.)
and there was a complete reading of the Resolution. In conjunction
with the appointment, Director Shackelford made a motion that Mr.
William L. Cravens be named Chairman of the Little Rock Port
Authority. The motion was seconded by Director Bussey and adopted by
voice vote of the Board Members present. Director Benafield
questioned the Board of Directors naming the Chairman of the Port
Authority. City Attorney Mark Stodola advised that Section 25 -4 of
the Little Rock Code of Ordinances Revised 1988 does make this
provision. A motion was made by Director Priest and seconded by
Director Bussey, that the Resolution be adopted. The Resolution was
adopted by unanimous voice vote of the Board Members present.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 8:35 o'clock P. M., with the Board
of Directors to convene in regular session on Wednesday, July 5, 1989
at 6:00 o'clock P. M., due to July 41 1989, a legal holiday, falling
on the third Tuesday of the month.
ATTEST: VaAAA--,
City Clerk Jane Czech
APPROVED:
v A-
Mayor F oyd G.
/ / J''
Villines, III
N t1
1
Board of Directors Chamber
Little Rock, Arkansas
July 5, 1989 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas met
in a rescheduled regular meeting due to the July 4th holiday on
Tuesday, with Mayor Floyd G. Villines presiding. City Clerk Jane
Czech was present and called the roll with the following Directors in
attendance: Directors Priest, Benafield, Hollingsworth, Bussey and
Shackelford - total 5; Absent - Director Dailey - total 1.
Mayor Villines announced that a quorum was present and the
proceedings of the meeting are recorded as follows.
The Invocation was given by Director Bussey.
The Consent Agenda was the first presentation, consisting of the
�i
following items:
-c2
,5 (a) Resolution No. 8,172, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
d BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF MID -SIZE SEDANS AND PICK-
UP TRUCKS FOR THE DEPARTMENT OF HUMAN AND GENERAL SERVICES, FLEET
SERVICES DIVISION. (Contracts to Little Rock Dodge and Bale Chevrolet
Company)
d (b) Resolution No. 8,173, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH VARIOUS ENGINEERING FIRMS FOR ENGINEERING SERVICES FOR
d FOUR 1988 CAPITAL IMPROVEMENT BOND PROJECTS. (Contracts to Civil
Design, Inc.,' AMI Engineering, Inc., and White - Daters Associates.
Projects: Taylor Loop Phase II, not to exceed $52,000; Mabelvale RR
Crossings, not to exceed $50,000; Bowman Connection, not to exceed
co" $50,000; and Geyer Springs, Valley Drive to Mabelvale Cut Off, not to
exceed $75,000.)
(c) Resolution No. 8,174, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH ASI SIGN SYSTEMS, INC. FOR GRAPHICS AND SIGNAGE AT THE
ROBINSON CENTER MUNICIPAL PARKING GARAGE, A 1988 CAPITAL IMPROVEMENT
PROJECT. (Not to exceed $27,427.36)
By motion from Director Priest, seconded by Director Bussey, which was
' adopted by unanimous voice vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a, b and c)
Resolutions No. 8,172, 8,173 and 81174 were read in full and adopted
by unanimous voice vote of the Board Members present.
Following the Consent Agenda,
Certificate of Appreciation to "Fr
Hawkins, Vice President, was present
Mayor Priest stated that since the
Zoo" in 1975, they have raised
projects; they have an annual budget
assets are $300,000.00.
Vice Mayor Priest presented a
Lends of the Zoo." Ms. Annette
to receive the certificate. Vice
organization of "Friends of the
almost $450,000.00 for special
of $250,000.00; and their current
Vice Mayor Priest also congratulated the Little Rock Wastewater
Utility and introduced Mr. Reggie Corbitt, Manager. She advised the
Utility was honored last week with three environmental awards during a
ceremony at the State Capitol. Little Rock Wastewater Utility was the
only city receiving two Environmental Protection Agency Awards; one
was for "Beneficial Use of Sludge "; the other "Region 6 - Pre-
treatment Implementation." Little Rock Wastewater Utility also
received an award from the State Department of Pollution Control and
Ecology for "Beneficial Use of Sludge." Mr. Corbitt stated that as
part of the presentation, the Wastewater Utility also received a
plaque for the Region 6 award and a flag, which he presented to the
City. He explained some of the Wastewater operations that made these
awards possible and the Board expressed appreciation for these
accomplishments.
July 5, 1989, Cont'd.
At this point in the meeting, Mayor Villines called upon Director
Shackelford to comment on the recent attempts to burn the American
flag on the State Capitol steps, which caused some undesirable scenes
and publicity for our City and State. Director Shackelford felt it
appropriate that some comment should be made in this Forum. Referring
to one's constitutional rights she said, "I firmly believe that one's
constitutional rights should be protected and the responsibility of
government is to protect and honor a citizen's first amendment rights
which should be foremost and always possible. I think some of the
issues that have been talked about in the last few days tend to lear
up an ugly scene that some of us feel we had overcome. I am not, at
this point, speculating that racism was a part of yesterday's
incident. I feel it unfortunate that racism has tended to rear its
ugly head under the guise to protect the integrity of the flag. If in
fact, the American flag is a symbol of freedom, then no one has the
right to be selective of those freedoms and I thought that as a City
Governing Body, that this City at least, in some part, share some
responsibility in the sense of perhaps serving as a catalist to bring
this community together so that we can begin a process where race
relations will not be a factor in causing divisiveness not only in our
City and State, but in our Nation."
At the time allotted for Citizen Communications, Mr. George
Bynum, an employee in the Little Rock Street Department, complained to
the Board about discrimination in job promotions in that Department.
Mayor Villines explained to Mr. Bynum that this matter was an
administrative issue and requested City Manager Tom Dalton to provide
a report to Board Members.
Mr. Carey Vance, 218 South Schiller Street, spoke to the Board
about illegal fireworks activities during holidays. He referred to
Ordinance No. 11,031, which prohibits the sale or use of fireworks
within the City Limits, unless a permit is obtained from the Fire
Chief for supervised public display. He suggested that the Ordinance
be revised, diligently enforced, or repealed. Mayor Villines advised
Mr. Vance that the issue would be taken under advisement. Director
Benafield suggested the Ordinance be revised or repealed.
Mr. John Holton, 4220 "C" Street, was the last person to speak
during Citizen Communications. He spoke in strong opposition to the
rezoning of the northwest corner of Markham and Rose Streets (Z -1807-
B), to permit a Planned Commercial Development, and asked the Board to
reconsider the zoning. (Ordinance No. 15,699 was unanimously passed
at the June 20, 1989, Board of Directors Meeting.) Director
Hollingsworth advised Mr. Holton that a request was made at the June
20th Board of Directors Meeting for a recommendation and study of the
entire neighborhood including the area east of the Medical Center.
After further discussion, Mayor Villines explained that the decision
was made June 20th to approve the Planned Commercial Development with
the passage of Ordinance No. 15,699. There was no motion to
reconsider the issue and no action was taken.
City Manager Tom Dalton made a presentation to the Board on
Landfill and Solid Waste Management. In his overview of landfill
operations he stated the annual amount of waste collected by the
Sanitation Department has remained constant for the last three years.
Little Rock operates a Class I landfill with an estimated remaining
life of five years based on existing operational plans. The amount of
waste brought by private haulers has declined, which he said might be
in part due to increase in landfill fees charged non-residents of the
City ($2.50 residents - $5.00 non - residents). It costs approximately
$2.95 per cubic yard or $7.95 per ton to dispose of waste in Little
Rock's landfill, which is based on a 1989 operational budget of
$916,117 for the Solid waste Disposal Division of Public Works. In
his presentation, Mr. Dalton outlined new EPA solid waste disposal
facility regulations which are expected to become effective in
December 1989. EPA estimates the new regulations will increase
landfill operating costs by $4.00 to $7.50 a cubic yard, or $10.00 to
$20.00 per ton. In closing, Mr. Dalton made four recommendations for
Board consideration: (1) File closure plans for Little Rock's
landfill contingent upon state licensing of new landfill facilities;
(2) Provide information to appropriate planning agency to meet the
section of Act 870 that requires a regional needs assessment; (3)
Participate in the Metroplan Study; and (4) Develop recycling program
options. (The City Manager's Report was filed with the City Clerk.)
Ms. Hildie Terry, 3307 Breckenridge Drive, was concerned with two
recycling places that closed and asked how long it would be before the
City would have a recycling program. Mayor Villines said the
July 5 1989 Cont'd.
probable cause of the closures was because it was not profitable and
at this point, no date has been established for implementation of a
City Recycling Program. Mr. Shawn Porter, 3900 North Lookout,
Chairman of the Recycling Committee for Peace Links, voiced support
for a study and a comprehensive program for recycling.
A proposed Ordinance was the next presentation, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND REQUIRING TREE PLANTING IN THE
WESTERN "OS" AREA;
(z -5185 - Petition from Odus Pack to rezone a tract on I -30 east of
McDaniel Drive, from "R -2" Single - family to "C -4" Open Display and
"OS" Open Space Districts.)
with the Ordinance being read the first time, followed by a motion
from Director Priest to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Shackelford and
adopted by unanimous vote of the Board Members present, being six in
number and two - thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Priest and
Shackelford, respectively, and unanimously adopted by the Board
Members present, being six 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, Directors Priest and Hollingsworth voiced
concerns of encroachment on the neighborhood and flooding. Director
Priest said it's an at -risk neighborhood and several Board Members
desired additional information. Upon question by Director
Hollingsworth, Mr. Richard Wood of the Department of Comprehensive
Planning, advised that the zoning is for expansion of an existing use.
A motion was then made by Director Priest, seconded by Director
Hollingsworth, to defer vote on the Ordinance for two weeks. The
motion was unanimously adopted with the matter to be placed on the
July 18th Agenda.
Ordinance No. 15,702 was introduced next, entitled:
AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR THE MODIFICATION OF
SECTION 36 -3 SAME -USES. FOR PURPOSES OF INSERTION OF SEVEN (7) NEW
DEFINITIONS;
(Florist shop; Plant Sales /open Display Temporary; Lawn and Garden
Center /Enclosed; Lawn and Garden Center /Open Display; Plant
Nursery/Wholesale and Producer; Landscape Service; Catering /Home
Cooking; and Catering /Commercial.)
and after a first reading of the Ordinance, there was a motion by
Director Bussey, seconded by Director Priest, to suspend the rules and
place the Ordinance on second reading. 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, and the second reading of the Ordinance ensued. A
subsequent motion was made by Director Priest to further suspend the
rules and place the Ordinance on third and final reading, which motion
was seconded by Director Bussey, and adopted by unanimous vote of the
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.
There was a third and last reading of the Ordinance after which an Aye
and No Vote was taken on passage of the Ordinance with the response
being: Ayes - Directors Bussey and Shackelford, Mayor Villines,
Directors Priest, Benafield and Hollingsworth - total 6; Noes - None;
Absent - Director Dailey - total 1. The Ordinance was then declared
PASSED.
Consideration was then given to Ordinance No. 15,703, with the
title being:
AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR MODIFICATION OF VARIOUS
SECTIONS OF THE ZONING ORDINANCE TO PERMIT THE INSERTION OR DELETION
OF USE LISTINGS;
e '1
2yt 4
July 5, 1989, Cont'd.
with said Ordinance being read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Bussey and seconded by Director Priest, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Priest that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Bussey seconded the motion which was adopted by unanimous vote of the
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 ensued, followed by an Aye and
No Vote taken on passage of the Ordinance, with the results recorded
as follows: Ayes Directors Bussey, Shackelford, Mayor Villines,
Directors Priest, Benafield and Hollingsworth - total 6; Noes - None;
Absent - Director Dailey - total 1. Whereupon, the Ordinance was
declared PASSED.
The next presentation was Ordinance No. 15,704, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF HALF STREET
IMPROVEMENT REQUIREMENTS, AND DECLARING AN EMERGENCY;
(For: Ann Young Subdivision - 12501 Sandstone Drive)
and said Ordinance was read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Bussey, seconded by Director Priest, and by unanimous vote of the
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.
Upon second reading of the Ordinance, there was a subsequent motion
again made by Director Bussey, seconded by Director Priest, that the
rules be suspended and the Ordinance be placed on third and final
reading. 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; whereupon, the Ordinance
was then read the third and last time. An Aye and No Vote was taken
on passage of the Ordinance which resulted as herein recorded: Ayes -
Directors Bussey and Shackelford, Mayor Villines, Directors Priest,
Benafield and Hollingsworth - total 6; Noes - None; Absent -
Director Dailey - total 1.
The Emergency Clause contained in Section 2 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Bussey and Shackelford, Mayor Villines, Directors
Priest, Benafield and Hollingsworth - total 6; Noes - None; Absent -
Director.Dailey - total 1. Whereupon, the Ordinance, together with
the Emergency Section, was declared PASSED.
Ordinance No. 15,705 was presented, containing 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 STREET
IMPROVEMENT REQUIREMENTS, AND DECLARING AN EMERGENCY;
(For: The Assembly of God Church located at Geyer Springs and Hinkson
Roads.)
with the Ordinance being read the first time, followed by a motion
from Director Bussey for suspension of the rules and the placing of
the Ordinance on second reading. The motion was seconded by Director
Priest and 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 second reading of the Ordinance
followed, with a motion being made by Director Bussey and again
seconded by Director Priest, to suspend the rules and place the
Ordinance on third and final reading. With the motion having been
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, the Ordinance was read the third and last time.
The resulting Aye and No Vote taken on passage of the Ordinance
received the following response: Ayes - Directors Bussey and
Shackelford, Mayor Villines, Directors Priest, Benafield and
Hollingsworth - total 6; Noes - None; Absent - Director Dailey -
total 1.
LJ
77
L
July 5 1989, Cont'd.
Section 2 of the foregoing Ordinance provides that the Ordinance
shall take effect thirty days from and after its passage. A roll call
vote was taken on Section 2 and is recorded as follows: Ayes -
Directors Bussey and Shackelford, Mayor Villines, Directors Priest,
Benafield and Hollingsworth - total 6; Noes - None; Absent -
Director Dailey - total 1. Therefore, the Ordinance, including
Section 2, was declared PASSED.
Ordinance No. 15,706 was next presented, entitled:
AN ORDINANCE TO AMEND LITTLE ROCK, ARKANSAS ORDINANCE NO. 11,345,
BY GRANTING A FRANCHISE TO ALL COMPANIES THAT PROVIDE INTERSTATE OR
INTRASTATE TOLL TELEPHONE SERVICE, AND ALL BUSINESS INCIDENTAL TO OR
CONNECTED WITH THE CONDUCTING OF SUCH TELEPHONE BUSINESS IN THE CITY
OF LITTLE ROCK, ARKANSAS; A FRANCHISE TO ERECT, MAINTAIN AND PLAN
CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH,
ABOVE, AND UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS
AND AIRWAYS, AND PLACES IN THE CITY; PROVIDING FOR THE PAYMENT OF A
FRANCHISE FEE BY THESE COMPANIES; REPEALING ORDINANCES AND AGREEMENTS
IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES;
(Tax: $.004 per minute for toll calls charged to a service address
within the City of Little Rock.)
and the Ordinance was read the first time. The rules were then
suspended to provide for the second reading of the Ordinance, by a
motion made by Director Bussey, seconded by Director Priest, and
unanimously adopted by the Board Members present, being six in number
and two- thirds or more of the members of the Board of Directors - elect.
There was a second reading of the Ordinance followed by a subsequent
motion again made by Director Bussey and seconded by Director
Hollingsworth, to suspend the rules and place the Ordinance on third
and final reading. The motion received unanimous adoption by the
Board Members present, being six 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. Before the vote was taken, Mr. Gib
Carpenter, a representative of LBDS of Little Rock, stated that his
company has a problem with the practical application of the tax. He
suggested that a flat percentage of revenues would be easier to
calculate. He said the tax would be passed on to the customers. Mr.
Ed Moore, Assistant Vice President of Public Affairs for AT &T, advised
that his company would not recommend the proposal; that it adds a
burden to the City of Little Rock, and that the tax will be passed on
to the customers. Mr. Earl Paul, Assistant City Manager, addressed
the Staff's position in arriving at the fee of $.004 per minute for
toll calls charged to a service address within the corporate limits of
Little Rock. Referring to a flat percentage of revenues, Mr. Paul
explained that under State Law, the City does not have the authority
to use this method of calculation. Director Hollingsworth commented
that he was sensitive to corporate citizens having to deal with this,
but this tax is needed to increase revenues for the City. There was
no further discussion and a roll call vote was taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Directors Bussey and Shackelford, Mayor Villines, Directors Priest,
Benafield and Hollingsworth - total 6; Noes - None; Absent -
Director Dailey - total 1. The Ordinance was then declared PASSED.
Introduced next was Resolution No. 8,175, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR THE PURCHASE OF A CRAWLER DOZER FOR THE
DEPARTMENT OF HUMAN AND GENERAL SERVICES, FLEET SERVICES DIVISION;
and there was a complete reading of the Resolution. Mr. George
Wiggins of the J. A. Riggs Tractor Company, stated the lowest bid is
not always the best way to go. He defended his equipment and said
there is very little "down time" with his machine. In closing, he
suggested if the specifications were reviewed, probably none of the
bids would comply. Director Benafield had several comments regarding
specifications and said he was asking the City Manager and Staff to
take another look at preparation of bid specifications. Upon question
by Director Benafield, City Manager Tom Dalton said, "we are not
buying a high drive dozer, we are recommending the conventional type."
A motion was then made by Director Bussey and seconded by Director
Priest, that the Resolution be adopted. The Resolution was adopted by
unanimous voice vote of the Board Members present.
2i5
276
July 5, 1989, Cont'd,
The next presentation was a proposed Ordinance, entitled:
AN ORDINANCE CREATING THE CITY OF LITTLE ROCK, ARKANSAS HEALTH
FACILITIES BOARD (COMMUNITY LIFE SERVICES) PURSUANT.TO THE PROVISIONS
OF TITLE 14 CHAPTER 137 OF THE ARKANSAS CODE OF 1987 ANNOTATED;
PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN
(Health Facilities Board: A. J. Baker, 1 year term; Larry S. Bone, 2
years; Calvin Brown, 3 years; Gene Eberle, 4 years; and David J.
Jones, 5 years. For: Two 10 -bed intermediate care facilities to be
constructed on .76 acre tract located 177.56 feet south of the
southeast corner of the intersection of Michael Drive and Kanis Road,)
and the Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Bussey, seconded by
Director Priest, and 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. The Ordinance was then read
the second time. There was an ensuing motion again made by Director
Bussey, 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 the 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
last reading of the Ordinance. Ms. Ruthie M. Wrather, 6 Keltwood
Cove, spoke in opposition to the proposal and introduced a group of
residents from her neighborhood who also opposed the issue. She read
a prepared statement explaining their objections and requested the
Board of Directors to delay action in order to obtain more specific
information. Upon question by Board Members, Mr. Richard Wood of the
Department of Comprehensive Planning, stated the site for construction
is currently zoned "C -3" General Commercial, and would permit this
proposed type of use. There was no further discussion and Director
Shackelford made a motion to defer the vote on the proposed Ordinance
for two weeks. The motion was seconded by Director Bussey and
unanimously adopted by the Board Members present, and the Ordinance
remained on the calendar for a vote on July 18, 1989.
Consideration was given to Ordinance No. 15,707, with the title
being:
AN ORDINANCE AUTHORIZING A CONTRACT WITH STEPPINGSTONE, INC. FOR
SERVICES TO BE PROVIDED TO THE LITTLE ROCK POLICE DEPARTMENT AND THE
LITTLE ROCK MUNICIPAL COURTS; APPROPRIATING $30,000.00 FROM THE
CITY'S SPECIAL PROJECTS FUND; AND FOR OTHER PURPOSES;
(For an emergency shelter for juveniles operated by Stepping Stone,
Inc., on a 24 hour a day, seven days a week basis.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Bussey and seconded by Director Shackelford, which 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. Upon second reading of the Ordinance, there was a
subsequent motion again made by Director Bussey that the rules be
further suspended and the Ordinance be placed on third and final
reading. Director Shackelford seconded the motion which was adopted
by unanimous vote of the 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 ensued,
followed by an Aye and No Vote taken on the question, Shall the
Ordinance Pass, with the response being: Ayes - Directors Bussey,
Shackelford, Mayor Villines, Directors Priest, Benafield and
Hollingsworth - total 6; Noes - None; Absent - Director Dailey -
total 1. Whereupon, the Ordinance was declared PASSED.
Ordinance No. 15,708 was presented which did not appear on the
Official Agenda, but it was generally agreed by Board Members to
consider it, and contained the following title:
AN ORDINANCE APPROPRIATING $24,000 TO CENTRAL ARKANSAS TRANSIT
AUTHORITY FOR PARATRANSIT SERVICE FROM THE UNAPPROPRIATED BALANCE OF
THE CITY'S SPECIAL PROJECTS FUND;
�I
1
C
July 5 1989, Cont'd.
and after a first reading of the Ordinance, there was a motion by
Director Bussey, seconded by Director Priest, to suspend the rules and
place the Ordinance on second reading. 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, and the second reading of the Ordinance ensued. A
subsequent motion was made by Director Bussey to further suspend the
rules and place the Ordinance on third and final reading, which motion
was seconded by Director Priest, and adopted by unanimous vote of the
members of the Board of Directors- elect. There was a third and last
reading of the Ordinance after which an Aye and No Vote was taken on
passage of the Ordinance with the response being: Ayes - Directors
Bussey, Shackelford, Mayor Villines, Directors Priest, Benafield and
Hollingsworth - total 6; Noes - None; Absent - Director Dailey -
total 1. Therefore, the Ordinance was declared PASSED.
Mayor Villines introduced Pulaski County Judge Rita Gruber who
was present at the meeting. A discussion followed regarding the
housing of County prisoners in Little Rock City Jail. Little Rock has
charged the County $25.00 per day for housing prisoners awaiting
transfer to the County Jail since February, 1987, and as of June 23rd
totaled $805,800. The Board discussed filing a suit to collect this
amount since there is a three -year statute of limitations on
collecting the debt which begins January, 1990. Judge Gruber told the
Board a suit may be premature and urged allowing some time to work out
solutions. Following the discussion, a motion was made by Director
Benafield and seconded by Director Shackelford that "the City Attorney
proceed with the filing of a suit to collect the funds owed to the
City of Little Rock by Pulaski County." A roll call vote adopted the
motion as follows: Ayes - Director Shackelford, Mayor Villines,
Directors Priest and Benafield - total 4; Noes - Director
Hollingsworth - total 1; Abstentions - Director Bussey - total 1;
Absent - Director Dailey - total 1.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 9:50 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, July 18, 1989
at 6:00 o'clock P. M.
ATTEST: pde-+W q&P-V
City Clerk Jane Czech
APPROVED:`
Mayor Floyd G. Villines, III
27'7
Board of Directors Chamber
Little Rock, Arkansas
July 18, 1989 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth, Shackelford and Dailey -
total 5; Absent - Director Bussey - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Director Shackelford.
The first matter to be considered was the Consent Agenda,
consisting of the following items:
(a) The reading of the Minutes of the previous meeting held July
5, 1989.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of May, 1989.
(c) The motion regarding the geographic description of the
Regional Park was removed from the Consent Agenda and considered
separately.
(d) Resolution No. 8,176, entitled:
A RESOLUTION RATIFYING THE REAPPOINTMENT OF MIKE
KUMPURIS AS THE HEALTH CARE ADMINISTRATOR MEMBER OF THE CITY OF LITTLE
ROCK, ARKANSAS, EMERGENCY MEDICAL HEALTH CARE FACILITIES BOARD.
(Ambulance Authority - MEMS)
(e) Resolution No. 8,177, with the title being:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE THE ALLEY IN BLOCK 168 OF JOHN BARROW
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing date
to be August_l, 1989.)
(f) Resolution No. 8,178, containing the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF A WRECKER BODY AND
WRECKER UNDERLIFT, REPAIR SERVICES AND REPAIR PARTS FOR SPECIALIZED
EQUIPMENT, ANNUAL CONTRACT FOR ELECTRICAL SERVICES FOR THE DEPARTMENT
OF HUMAN AND GENERAL SERVICES; AND AN ANNUAL CONTRACT FOR OFFICE
SUPPLIES FOR VARIOUS DEPARTMENTS.
(g) Resolution No. 81179, described as:
A RESOLUTION AUTHORIZING THE EXPENDITURE OF UP TO
$29,600 TO LITTLE ROCK WASTE WATER UTILITY FOR REIMBURSEMENT EXPENSES.
(Pro rata share of expenses incurred in the development of the Pulaski
Area Geographic Information System.
(h) Resolution No. 8,180, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
ENGINEERING SERVICES CONTRACT WITH MEHLBURGER, TANNER, ROBINSON AND
ASSOCIATES, TO COMPLETE THE WEST 7TH STREET PROJECT, A 1988 CAPITAL
IMPROVEMENT BOND PROJECT. (For completion of the 7th Street -High to
Battery Street Project.)
(i) Resolution No. 8,181, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH MEHLBURGER, TANNER, ROBINSON AND ASSOCIATES, INC., FOR
DESIGN ENGINEERING FOR CDBG 15TH YEAR CONSTRUCTION OF BOYD STREET FROM
28TH STREET TO 32ND STREET.
July 18 1989, Cont'd.
By a motion from Director Priest, seconded by Director Dailey, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held July 5, 1989, were approved as written and
summarized to members of the Board of Directors; (b) The Comparative
Statement of Income Account of the Little Rock Municipal Water Works
for the month of May, 1989, was received and filed; (c) The motion
regarding the geographic description of the Regional Park was
considered separately; and (d, e, f, g, h and i) Resolutions No.
8,176, 8,177, 8,178, 8,179, 8,180 and 8,181 were read in full and
unanimously adopted by members of the Board of Directors present.
The subject of the geographic description of the Regional Park
was the next matter to be discussed (removed from the Consent Agenda
as Item c). Board Members had received a copy of the advertisement
proposal for the park site which will be published in the newspaper.
Director Hollingsworth commented that he noted the advertisement did
not contain a limitation on the price of the property; also, no
limitation as far as the City Limits are concerned. He suggested that
the following language be added to the first paragraph of the
advertisement: "The City will review proposals to determine whether a
suitable site is available at an appropriate price, and that the City
retains the right to reject any or all proposals.° It was established
by the Board that no proposals will be accepted after 2:00 p.m.,
November 11 1989. Following a brief discussion, Director Shackelford
moved that the language suggested by Director Hollingsworth be
included in the first paragraph of the advertisement. The motion was
seconded by Director Hollingsworth and adopted by the following roll
call vote: Ayes - Director Shackelford, Mayor Villines, Directors
Priest, Benafield and Hollingsworth - total 5; Noes - None;
Abstentions - Director Dailey - total 1; Absent - Director Bussey -
total 1. Therefore, the complete text of the advertisement is as
follows:
"PROPOSAL FOR PARK SITE
The City of Little Rock is accepting proposals for the
acquisition of a metropolitan parksite. The site must be located
in an area south of Highway 10 and north of Colonel Glenn Road
and west of 1 -430. The site must contain a minimum of 250 acres.
Only realty agents with exclusive right to sell listings or
options to purchase, or owners need submit proposals. The City
will review proposals to determine whether a suitable site is
available at an appropriate price, and the City retains the right
to reject any or all proposals.
Questions and submittal of proposals should be directed to Mr.
Buster Riley, City Real Estate Officer, 371 -6868, City Hall, 120
W. Wing, 500 West Markham Street, Little Rock, AR. 72201. No
proposals will be accepted after 2:00 p.m., November 1, 1989."
At the time allotted for Citizen Communications, Ms. Suzanne
Hicks, 9800 Vinson Court, Chairman of the Coalition for Violence
Prevention, spoke to the Board about violence prevention among
adolescents. She outlined contributing factors and prevention
strategies and said "we need to send a message to our young people
that we care and that there are other ways than violence to combat
problems." Ms. Hicks said when school begins in September, the Little
Rock School District will be teaching a two -week session in violence
prevention to all junior and senior high school students. In
conjunction with that the Coalition is planning on making September
"Violence Prevention Month" in Little Rock. She asked for the local
support of community leaders such as the Board of Directors, and asked
that the Board proclaim September "Violence Prevention Month" in
Little Rock. Mayor Villines advised Ms. Hicks this will be done and
asked that the appropriate Resolution be prepared for this occasion.
Director Bussey was enrolled.
Mr. Joel T. Doyle, 5419 Thrush Road, representing 400 property
owners in the Western Hills Area, addressed the problems along Asher
Avenue including flooding and traffic problems. He said he was told
fifteen years ago that Asher Avenue would be widened. The State was
to let the contract for widening and the City was to acquire the
right -of -way and so far, nothing has been done. Since Asher Avenue is
State Highway No. 5, the Highway Department should also be involved
with any improvements. Mr. Doyle asked the Board to tell him what to
do to get Asher Avenue improved, stating the residents would work with
;779
280
July 18, 1989, Cont'd.
the City to solve the problems. Director Priest stated she had
requested some information from City Engineer Don McChesney and that
she is dedicated to working with Mr. Doyle. She also stated she has
had some dialogue with the Highway Department and encouraged Mr. Doyle
to also contact the Highway Department, since Asher Avenue is a State
Highway and has a joint interest with the City.
Ordinance No. 15,709 was then presented, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF SUBDIVISION
ORDINANCE REQUIREMENTS;
(Lot 3 of Ridgehaven Addition located at the SIB corner of Ridgehaven
Road and Ridgehaven, to permit access by the platting of a 20 foot
frontage on Ridgehaven Road.)
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Dailey, and unanimously adopted by members of the Board of
Directors present, being seven 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 Dailey
and seconded by Director Priest, 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 the members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors- elect. There was a third and last
reading of the Ordinance followed by an Aye and No Vote taken on
passage of the Ordinance with the results recorded as follows: Ayes -
Directors Shackelford and Dailey, Mayor Villines, Directors Priest,
Benafield, Hollingsworth and Bussey - total 7; Noes - None; Absent -
None. Mayor Villines then announced that the Ordinance had PASSED.
Introduced next was Ordinance No. 15,710, with the title being:
AN ORDINANCE AMENDING ARTICLE V, CHAPTER 36, OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR THE
ESTABLISHMENT OF REGULATION OF TEMPORARY PUBLIC SCHOOL BUILDINGS /USES;
ESTABLISHING A SUNSET PROVISION AND DECLARING AN EMERGENCY;
(Sunset Provision provides for automatic termination after five (5)
calendar years from date of adoption.)
and the Ordinance was read the first time. A motion followed whereby
the rules were suspended to allow for the second reading of the
Ordinance. The motion was made by Director Priest, seconded by
Director Dailey, and unanimously adopted by members of the Board of
Directors present, being seven 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 Dailey
and seconded by Director Priest, 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 the members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect; whereupon, there was a third
and last reading of the Ordinance. The passage of the Ordinance was
then submitted to an Aye and No Vote which received the following
response: Ayes - Directors Shackelford and Dailey, Mayor Villines,
Directors Priest, Benafield, Hollingsworth and Bussey - total 7; Noes
- None; Absent - None.
The Emergency Clause contained in Section 2 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Shackelford and Dailey, Mayor Villines, Directors
Priest, Benafield, Hollingsworth and Bussey - total 7; Noes - None;
Absent - None. whereupon, the Ordinance together with the Emergency
Clause, was declared PASSED.
Consideration was given to Ordinance No. 15,711, described as:
APPROPRIATING ADDITIONAL MONIES FOR PAYMENT IN THE CASE OF CITY
OF LITTLE ROCK V. DEBBIE WILLIAMS, 88 -1566, U. S. SUPREME COURT;
($76,545.98 appropriated from the City's Special Project Fund.)
July 18, 1989, Cont'd.
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Dailey, which was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors- elect. Upon second reading of the Ordinance, there was a
subsequent motion by Director Dailey that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Priest seconded the motion which was adopted by unanimous vote of the
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors- elect. A
third and last reading of the Ordinance ensued, followed by an Aye and
No Vote taken on passage of the Ordinance, with the response being:
Ayes - Directors Shackelford and Dailey, Mayor Villines, Directors
Priest, Benafield, Hollingsworth and Bussey - total 7; Noes - None;
Absent - None. The Ordinance was then declared PASSED.
Ordinance No. 15,713 was introduced, described as:
AN ORDINANCE AMENDING SECTION 9 -128 OF THE LITTLE ROCK CODE OF
ORDINANCES (ORDINANCE NO. 15,266) TO INCREASE THE ANNUAL MAINTENANCE
' FEE FOR MOUNT HOLLY CEMETERY LOTS FROM $15.00 TO $25.00;
with the Ordinance being read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Dailey, and unanimously adopted by members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect. A second reading of the
Ordinance followed, with a motion being made by Director Dailey and
seconded by Director Priest, to further suspend the rules and place
the Ordinance on third and final reading. With the motion having been
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors- elect, the Ordinance was read the third and last
time. The resulting Aye and No Vote taken on passage of the Ordinance
is herein recorded as follows: Ayes - Directors Shackelford and
Dailey, Mayor Villines, Directors Priest, Benafield, Hollingsworth and
Bussey - total 7; Noes - None; Absent - None. Mayor Villines then
declared the Ordinance PASSED.
The next presentation was Ordinance No. 15,714, with the title
being:
AN ORDINANCE TO AMEND SECTION 5 -27 OF THE LITTLE ROCK CITY CODE,
1988, TO PROVIDE FOR THE INCLUSION OF TWO ADDITIONAL VOTING MEMBERS TO
THE CITY OF LITTLE ROCK, ARKANSAS, EMERGENCY MEDICAL HEALTH CARE
FACILITIES BOARD, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES;
' (Ambulance Authority - MEMS);
with there being a first reading of the Ordinance. There was a motion
to suspend the rules
by Director Priest, seconded by Director Dailey,
reading. The motion was unanimously
and place the Ordinance on second
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
reading of the Ordinance followed
Directors - elect. There was a second
by motion made and seconded by Directors Dailey and
a subsequent
Priest, respectively, to further suspend the rules and place the
received unanimous
Ordinance on third and final reading. The motion
adoption by the Board Members present, being seven in number and two -
thirds or more of the members of the Board of Directors - elect, and the
No Vote
third and last reading of the Ordinance ensued. The Aye and
is as
taken on the question, Shall the Ordinance Pass, recorded
Shackelford and Dailey, Mayor Villines,
follows: Ayes - Directors
Directors Priest, Benafield, Hollingsworth and Bussey - total 7; Noes
- None; Absent - None. Therefore, the Ordinance was declared PASSED.
Ordinance No. 15,712 was presented, containing the following
caption:
AN ORDINANCE TO AMEND SEC. 20 -2(9) OF THE LITTLE ROCK CODE OF
ORDINANCES, AND TO ADD SECTION (10);
(Trees, shrubs, bushes or any other plant impeding the flow of
pedestrian traffic on any sidewalk and /or public right -of -way, or in
other manner causing an unauthorized obstruction of the public
any
sidewalk and /or public right -of -way; any act or
enjoyment of a
condition constituting a nuisance under A.C.A. or common law.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Dailey, which was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors- elect. Upon second reading of the Ordinance, there was a
subsequent motion by Director Dailey that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Priest seconded the motion which was adopted by unanimous vote of the
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors- elect. A
third and last reading of the Ordinance ensued, followed by an Aye and
No Vote taken on passage of the Ordinance, with the response being:
Ayes - Directors Shackelford and Dailey, Mayor Villines, Directors
Priest, Benafield, Hollingsworth and Bussey - total 7; Noes - None;
Absent - None. The Ordinance was then declared PASSED.
Ordinance No. 15,713 was introduced, described as:
AN ORDINANCE AMENDING SECTION 9 -128 OF THE LITTLE ROCK CODE OF
ORDINANCES (ORDINANCE NO. 15,266) TO INCREASE THE ANNUAL MAINTENANCE
' FEE FOR MOUNT HOLLY CEMETERY LOTS FROM $15.00 TO $25.00;
with the Ordinance being read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Dailey, and unanimously adopted by members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect. A second reading of the
Ordinance followed, with a motion being made by Director Dailey and
seconded by Director Priest, to further suspend the rules and place
the Ordinance on third and final reading. With the motion having been
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors- elect, the Ordinance was read the third and last
time. The resulting Aye and No Vote taken on passage of the Ordinance
is herein recorded as follows: Ayes - Directors Shackelford and
Dailey, Mayor Villines, Directors Priest, Benafield, Hollingsworth and
Bussey - total 7; Noes - None; Absent - None. Mayor Villines then
declared the Ordinance PASSED.
The next presentation was Ordinance No. 15,714, with the title
being:
AN ORDINANCE TO AMEND SECTION 5 -27 OF THE LITTLE ROCK CITY CODE,
1988, TO PROVIDE FOR THE INCLUSION OF TWO ADDITIONAL VOTING MEMBERS TO
THE CITY OF LITTLE ROCK, ARKANSAS, EMERGENCY MEDICAL HEALTH CARE
FACILITIES BOARD, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES;
' (Ambulance Authority - MEMS);
July 18, 1989, Cont'd.
(North Little Rock Mayor to appoint two North Little Rock residents
who shall serve five year terms provided an interlocal agreement
concerning ambulances between Little Rock and North Little Rock is in
effect.)
and said Ordinance was read the first time, followed by a motion from
I
Director Priest, seconded by Director Dailey, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion being made by Director Dailey, seconded by Director Priest, and
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect. The Ordinance was read the third and last
time, and there was an Aye and No Vote taken -on the passage of the
Ordinance, with the response being: Ayes - Directors Shackelford and
Dailey, Mayor Villines, Directors Priest, Benafield, Hollingsworth and
Hussey - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 2 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Shackelford and Dailey, Mayor Villines, Directors
'
Priest, Benafield, Hollingsworth and Bussey - total 7; Noes - None;
Absent - None. whereupon, the Ordinance together with the Emergency
Section, was then declared'PASSED.
Ordinance No. 15,715 was then presented for a vote on passage,
containing the following title:
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 REQUIRING TREE PLANTING IN THE
WESTERN "OS" AREA;
(5 -5185 - To rezone a tract on I -30 east of McDaniel Drive, from "R -2"
Single - family to "C -4" Open Display and "OS" Open Space Districts.)
with the Ordinance having been read the first, second and third times
on July 5, 1989. The vote was deferred to permit Board Members to
obtain further information. A brief discussion followed with Mr. Gary
Greeson, Director of Comprehensive Planning, displaying a map of the
area showing commercial zoning. He advised Director Dailey that the
requirement of tree planting will be covered with the issuance of the
building permit since the trees will be included in the building
permit plans. There was no further discussion and the roll call vote
received the following response: Ayes - Directors Shackelford and
Dailey, Mayor Villines, Directors Priest, Benafield, Hollingsworth and
Hussey - total 7; Noes - None; Absent - None. Therefore, the
Ordinance was declared PASSED.
'
Ordinance No. 15,716 was the next presentation and was also read
the first, second and third times on July 5, 1989, and is described as
follows:
AN ORDINANCE CREATING THE CITY OF LITTLE ROCK, ARKANSAS HEALTH
FACILITIES BOARD (COMMUNITY LIFE SERVICES) PURSUANT TO THE PROVISIONS
OF TITLE 14 CHAPTER 137 OF THE ARKANSAS CODE OF 1987 ANNOTATED;
PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN
EMERGENCY;
(A .76 acre tract located approximately 177.56 feet south of the
southeast corner of the intersection of Michael Drive and Kanis Road
for construction of two 10 -bed intermediate care facilities for the
mentally handicapped.)
The vote on the Ordinance was deferred July 5, 1989, at the request of
Ms. Ruthie Wrather, a resident, in order for her to obtain more
specific information. 'Attorney Julian Street, P. 0. Box 55288, Little
Rock, Arkansas, advised that since the last meeting, he had renewed an
offer to meet with Ms. Wrather and the representative of the agency
planning to construct the facility, to provide any information they
might need. He also stated he was prepared to answer any questions
the Board Members might have. Upon question by Director Benafield,
Mr. Street said, "we are required by State Law, on or before the 7th
day of August, to demonstrate to the State the commitment that we will
'
I
ril
July 18 1989, Cont'd.
The Emergency Clause contained in Section 12 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Shackelford and Dailey, Mayor Villines, Directors
Priest, Benafield, Hollingsworth and Bussey - total 7; Noes - None;
' Absent - None. The Ordinance, together with the Emergency Clause, was
then declared PASSED.
Director Hollingsworth made a statement and recommendation
concerning the crowded conditions at the Little Rock Jail. He felt
like "we have to take a step to define our role and should try to
reduce the number of county prisoners in our city jail." Generally, a
municipal jail is a short -term holding facility for accused people
awaiting arraignment or criminals convicted of misdemeanors. But
chronic overcrowding at the county and state levels is forcing the
city jail to be used as a longer -term detention center for felons.
City Manager Tom Dalton told the Board, "the city attorney, the police
chief and I are reviewing how we can phase down the holding of county
prisoners." Of 120 prisoners now in the Little Rock Jail, he said 65
should be in the county jail; adding, the city jail was recently cited
for several violations of state regulations. The more the county
complies with its federal court limit on jail population, the more the
city jail is out of compliance with state standards. Mr. Dalton
reminded the Board he chairs a technical committee with
representatives of Pulaski County and municipalities in the county
that is looking for a solution to regional jail overcrowding. The
committee is expected to recommend short and long term solutions to
its respective governmental entities by next week. In closing Mr.
Dalton said, "we are looking for viable, reasonable and humane
alternatives to deal with the problems, and will have information for
the Board within the next few weeks."
At 7:20 o'clock P. M., Mayor Villines announced that the Board of
Directors would recess to executive session in the Board's Conference
Room, for the purpose of considering appointments to various Boards
and Commissions.
When the Board of Directors reconvened at 7:37 o'clock P. M. from
executive session, Mayor Villines presided and the following Directors
answered roll call: Directors Priest, Benafield, Hollingsworth,
Bussey, Shackelford and Dailey - total 6; Absent - None.
The last presentation was Resolution No. 8,182, entitled:
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE
PRIVATE INDUSTRY COUNCIL, BUILDING CODE BOARD OF APPEALS, SIGN APPEAL
BOARD, HISTORIC DISTRICT COMMISSION, AND THE ARKANSAS ARTS CENTER
BOARD OF TRUSTEES;
(Private Industry Council - Mary Ann Davidson; Building Code Board of
Appeals - Ronald Ross; Sign Appeal Board - Nancy A. Hall; Historic
District Commission - Kathleen A. McNally; Arkansas Arts Center Board
of Trustees - Robert C. Conner, R. Drake Keith, Phil Herrington,
Milton Honea, Donald Munro, Mrs. Rosemarie Nunn and A. Dan Phillips.)
ti63
proceed with the facility." Mr. Street responded to a question by
Director Hollingsworth that the subject site is appropriate for this
facility. Ms. Ruthie Wrather, 6 Keltwood Cove, speaking for her
neighborhood that is opposed to the development by the Arkansas
Enterprise for the Developmentally Disabled, but not the bond
financing, again said it was the multi - complex type zoning that her
residential area is opposed to. She asked the Board to help preserve
their neighborhood. Referring to a neighborhood open space area, Ms.
Wrather said her neighborhood would be very happy to have the property
downzoned. Upon question by Director Shackelford, Mr. Gary Greeson,
Director of Comprehensive Planning, advised that "this use is clearly
permitted in the 'C -3' zoning classification." Director Shackelford
asked City Manager Tom Dalton to come up with a better neighborhood
notification process for these types of matters. He suggested it
might be well to proceed with this by amending the Code. A roll call
vote was then taken on the question, Shall the ordinance Pass, with
the results recorded as follows: Ayes - Directors Shackelford and
Dailey, Mayor Villines, Directors Priest, Benafield, Hollingsworth and
Bussey - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 12 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Shackelford and Dailey, Mayor Villines, Directors
Priest, Benafield, Hollingsworth and Bussey - total 7; Noes - None;
' Absent - None. The Ordinance, together with the Emergency Clause, was
then declared PASSED.
Director Hollingsworth made a statement and recommendation
concerning the crowded conditions at the Little Rock Jail. He felt
like "we have to take a step to define our role and should try to
reduce the number of county prisoners in our city jail." Generally, a
municipal jail is a short -term holding facility for accused people
awaiting arraignment or criminals convicted of misdemeanors. But
chronic overcrowding at the county and state levels is forcing the
city jail to be used as a longer -term detention center for felons.
City Manager Tom Dalton told the Board, "the city attorney, the police
chief and I are reviewing how we can phase down the holding of county
prisoners." Of 120 prisoners now in the Little Rock Jail, he said 65
should be in the county jail; adding, the city jail was recently cited
for several violations of state regulations. The more the county
complies with its federal court limit on jail population, the more the
city jail is out of compliance with state standards. Mr. Dalton
reminded the Board he chairs a technical committee with
representatives of Pulaski County and municipalities in the county
that is looking for a solution to regional jail overcrowding. The
committee is expected to recommend short and long term solutions to
its respective governmental entities by next week. In closing Mr.
Dalton said, "we are looking for viable, reasonable and humane
alternatives to deal with the problems, and will have information for
the Board within the next few weeks."
At 7:20 o'clock P. M., Mayor Villines announced that the Board of
Directors would recess to executive session in the Board's Conference
Room, for the purpose of considering appointments to various Boards
and Commissions.
When the Board of Directors reconvened at 7:37 o'clock P. M. from
executive session, Mayor Villines presided and the following Directors
answered roll call: Directors Priest, Benafield, Hollingsworth,
Bussey, Shackelford and Dailey - total 6; Absent - None.
The last presentation was Resolution No. 8,182, entitled:
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE
PRIVATE INDUSTRY COUNCIL, BUILDING CODE BOARD OF APPEALS, SIGN APPEAL
BOARD, HISTORIC DISTRICT COMMISSION, AND THE ARKANSAS ARTS CENTER
BOARD OF TRUSTEES;
(Private Industry Council - Mary Ann Davidson; Building Code Board of
Appeals - Ronald Ross; Sign Appeal Board - Nancy A. Hall; Historic
District Commission - Kathleen A. McNally; Arkansas Arts Center Board
of Trustees - Robert C. Conner, R. Drake Keith, Phil Herrington,
Milton Honea, Donald Munro, Mrs. Rosemarie Nunn and A. Dan Phillips.)
ti63
S4
July 18, 1989, Cont'd.
with the Resolution being read in its entirety. A motion was made by
Director Bussey and seconded by Director Dailey, that the Resolution
be adopted. A roll call vote was taken and the Resolution was adopted
as follows: Ayes - Directors Shackelford and Dailey, Mayor Villines,
Directors Priest, Benafield, Hollingsworth and Bussey - total 7; Noes
- None; Absent - None.
There being no further business to be presented, Mayor.Villines
declared the meeting adjourned at 7:45 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday,-August 1, 1989,
at 6:00 o'clock P. M.
ATTEST: 'Pei
4:&
City Clerk Jane Czech
APPROVED: 11—
Mayor Floyd G. Villines, III
1
Z S 5
Board of Directors Chamber
Little Rock, Arkansas
August 1, 1989 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth, Hussey and Dailey - total
5; Absent - Director Shackelford - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Director Dailey.
The first matter to be considered was the Consent Agenda,
consisting of the following items:
(a) The reading of the Minutes of the previous meeting held July
' 18, 1989.
(b) The 1988 Annual Report of the Little Rock Municipal Water
Works.
(c) Resolution No. 8,183, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD AN ANNUAL CONTRACT FOR INDUSTRIAL PAPER PRODUCTS FOR
VARIOUS DEPARTMENTS. (Roach Paper Company - not to exceed
$19,866.12.)
(d) Resolution No. 8,184, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH JOYNER -FORD & BURKE TO CONSTRUCT BOX CULVERT
MODIFICATIONS ON OLD FORGE DRIVE, A 1988 BOND PROJECT. (Not to exceed
$96,000.00.)
By a motion from Director Benafield, seconded by Director Dailey,
which was adopted by unanimous vote of the Board Members present,
Items a, by c and d, were dispensed with as follows: (a) The Minutes
of the previous meeting held July 18, 1989, were approved as written
and summarized to the members of the Board of Directors; (b) The 1988
Annual Report of the Little Rock Municipal Water Works was received
and filed; (c and d) Resolutions No. 8,183 and 8,184 were read in
full and unanimously adopted by the Board Members present.
'
At this point in the meeting, Mayor Villines introduced Ms. Linda
Pondexter and presented her with a Certificate of Appreciation from
the Board of Directors. Ms. Pondexter, a graduate of Hendrix College,
was elected to serve on the Executive Committee of the 1.9 million
member National Education Association. She is the first teacher from
Arkansas to be elected to this committee.
No one was present to speak at the time allotted for Citizen
Communications.
The next matter to be considered was Ordinance No. 15,717,
described as:
AN ORDINANCE AMENDING THE HWY 10 PLAN DISTRICT #1 OF THE
EXTRATERRITORIAL PLAN ADOPTED BY ORDINANCE NO. 15095 OF MAY 20, 1986
FROM TRANSITION ZONE TO COMMERCIAL WITH CONDITIONS;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Benafield, seconded by
Director Priest, and 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. The Ordinance was then read
the second time.
AUGUST 1, 1989, Cont1d.
Director Shackelford was enrolled.
A lengthy discussion ensued regarding the amendment to the Highway 10
Plan and a companion Ordinance (No. 15,718) to approve a Planned Unit
Development for a Safeway Store at East Taylor Loop Road and Highway
#10. Attorney David Menz, representing the owners and developers of
the proposed Safeway Store, gave a brief history of the proposal over
the last ten months advising that when the ten acre project was not
approved, the owners decided to file an application with the
Department of Comprehensive Planning for a Planned Unit Development
which would permit construction of the Safeway Store. He appealed to
the Board to approve this project which was approved by the Planning
Commission and Staff. Mrs. Marion Fulk, representing the League of
Women Voters, spoke in opposition and said she would like the Highway
#10 Plan left as it was previously approved. Mrs. Betty Saugey, Route
1, Box 80, Roland, Arkansas, spoke in favor of the Safeway Project.
Attorney Wendell L. Griffen, representing the residents of Westchester
Subdivision, voiced strong opposition to the PUD. He cited traffic,
noise, light and visual pollution if the project is approved and said
if the Board did not honor a commitment to limit commercial
development along Highway #10, his clients would feel betrayed. Mr.
Rick Russell, #6 Westchester Court, whose lot will abut the Safeway
Project strongly opposed the PUD. He asked that the Highway #10 Plan
be kept in tact; adding, "we expect a 7 -0 vote." Upon question by
Director Priest, Mr. Russell said he would prefer an office building
rather than a grocery store. Ms. Janice Casey, 21 Westchester Court,
said she is opposed to any grocery store on that corner. Mr. David
Werling, 13701 Rivercrest Drive, representing the Walton
Heights /Candlewood Neighborhood Association, asked the Board not to
"renege on the bargain to leave the Highway #10 Plan as is." Mr. Jim
Lawson, Acting Director of the Department of Comprehensive Planning,
made a lengthy presentation and explanation of the Highway #10 Plan
and the proposed Safeway Project. He pointed out changes that have
been made in the site plan and indicated the added buffer depth on the
south side of the building, the deletion of the rear drive and
modifications of improvements to drive surface on both sides of the
building, and that there would be a change in hours on the garbage
pickup. Mr. Lawson stated that the proposed PCD does not violate the
intent of the Highway #10 Plan, and that the amendment to the Highway
#10 Plan is only a map amendment. He answered a series of questions
by Directors Benafield, Shackelford, Dailey, Hollingsworth and Priest.
To close the discussion, Attorney Wendell Griffen and Attorney David
Menz made brief rebuttals. A motion was then made by Director
Benafield and seconded by Director Dailey, to suspend the rules and
place the Ordinance on third and final reading. The motion was
unanimously adopted by the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. The Ordinance was read the third and last time and
there was an Aye and No Vote taken on the question, Shall the
Ordinance Pass, with the response being: Ayes - Director Dailey,
Mayor Villines, Directors Priest and Benafield - total 4; Noes -
Directors Hollingsworth, Bussey and Shackelford - total 3; Absent -
'
None. The Ordinance was then declared PASSED.
Consideration was then given to Ordinance No. 15,718, with the
I
title being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PUD DISTRICT TITLED HIGHWAY 10 (SAFEWAY) PCD (Z- 5139 -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;
(5.916 acres, more or less, located at the SW corner of Highway No. 10
and Taylor Loop Road, from 'R -2" Single - family District to Planned
Commercial District.)
with the Ordinance being read the first time. (See discussion
recorded with companion Ordinance No. 15,717.) There was a motion by
Director Benafield, seconded by Director Priest, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a motion made and seconded by Directors Benafield and Dailey,
respectively, to suspend the rules and place the Ordinance on third
and final reading. The motion received unanimous adoption by the
Board Members present, being seven in number and two- thirds or more of
the members of the Board of Directors - elect, and the third and last
'
#_8�-
r
AUGUST 12 1989, Conttd.
reading
of the Ordinance ensued. The Aye
and No Vote taken on passage
of the
Ordinance received the following
response: Ayes -
Director
Dailey,
Mayor Villines, Directors Priest and Benafield -
total 4;
Noes -
Directors Hollingsworth, Bussey
and Shackelford -
total 3;
Absent
- None. Whereupon, the Ordinance
was declared PASSED.
with the Ordinance being read the first time, followed by a motion
Zoning Application Z -5195 filed by B. Martin Menees, Jr., Marion
I. Menees, Jr. and the Pulaski Bank, to rezone 1808 North Taylor
Street, described as Lot 4, Block 12, Mountain Park Addition, from "R-
2" Single - family District to "C -3" General Commercial District, was
next presented. The application received the approval of the Planning
Commission. No opposition was presented to the proposal and Ordinance
No. 15,719 was presented, containing the following caption:
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Dailey
and Priest, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being seven 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. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Director Dailey, Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Bussey and Shackelford - total 7; Noes - None; Absent
- None. The Ordinance was then declared PASSED.
The next Zoning Application (2-5205) to be considered was filed
by Mrs. Stephanie Guel walker, to rezone 1619 East 3rd Street,
described as Lots 5 & 6, Block 2, Garland Addition, from "I -2" Light
Industrial District to "R -4" Two - family District, and was approved by
the Planning Commission on July 11, 1989. No opposition was presented
to the request and Ordinance No. 15,721 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;
(Z -5195 - To rezone 1808 North Taylor Street, from "R -2" Single - family
to "C -3" General Commercial District.)
with the Ordinance being read the first time, followed by a motion
from Director Priest to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Dailey and
'
adopted by unanimous vote of the Board Members present, being seven in
two - thirds or more of the members of the Board of
number and
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Dailey and Priest,
respectively, and unanimously adopted by the Board Members present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect. Following the third and final reading of
the Ordinance, there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Director Dailey, Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Bussey and Shackelford - total 7; Noes - None; Absent
- None. Therefore, the Ordinance was declared PASSED.
The following rezoning application approved by the Planning
Commission on July 11, 1989, was the next presentation:
Z -5200 - From R. Wingfield Martin for H. Maurice Mitchell,
Trustee, to rezone a tract on Lindsey Road at the railroad tracks
(long legal description), from "R -2" Single - family District to "I -2"
Light Industrial District. No opposition was presented to the
reclassification and Ordinance No. 15,720 was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5200 - To rezone a tract on Lindsey Road at the railroad tracks,
"R "I District.)
from -2" Single - family to -2" Light Industrial
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Dailey
and Priest, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being seven 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. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Director Dailey, Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Bussey and Shackelford - total 7; Noes - None; Absent
- None. The Ordinance was then declared PASSED.
The next Zoning Application (2-5205) to be considered was filed
by Mrs. Stephanie Guel walker, to rezone 1619 East 3rd Street,
described as Lots 5 & 6, Block 2, Garland Addition, from "I -2" Light
Industrial District to "R -4" Two - family District, and was approved by
the Planning Commission on July 11, 1989. No opposition was presented
to the request and Ordinance No. 15,721 was considered, with the title
being:
AUGUST 1. 1989, Cont'd.
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 -5205 - To rezone 1619 East 3rd Street, from "I -2" Light Industrial
District to "R -4" Two - family District.)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Dailey, and by unanimous vote of the
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Dailey, seconded by Director Priest, that the rules
be suspended and the Ordinance be placed on third and final reading.
The motion was unanimously adopted by members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect; whereupon, the Ordinance was
then read the third and last time. An Ave and No Vote was taken on
passage of the Ordinance which resulted as herein recorded: Ayes -
Director Dailey, Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Bussey and Shackelford - total 7; Noes - None; Absent
- None. The Ordinance was then declared PASSED.
Zoning Application 9-5206 from Mehlburger, Tanner, Robinson &
Associates by Robert M. Brown for Ms. Mary Ann Bolls and Partners, to
rezone a parcel on 1 -30 at Baseline Road (long legal description),
from "R -2" Single - family District to "C -3" General Commercial
District, was next considered. The application was approved by the
Planning Commission on July 11, 1989. There were no objectors present
and Ordinance No. 15,722 was presented, containing the following
caption:
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 -5206 - To rezone a parcel on I -30 at Baseline Road, from "R -2"
Single - family to "C -3" General Commercial District.)
and the Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Dailey, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion being made by Director Dailey, seconded by Director Priest, and
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors- elect. The Ordinance was read the third and last
time, and there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the results recorded as follows: Ayes -
Mayor Villines, Directors Priest, Benafield, Hollingsworth, Bussey and
Shackelford - total 6; Noes - None; Abstentions - Director Dailey -
total 1; Absent - None. Whereupon, the Ordinance was declared
PASSED.
Zoning Application Z -5207 from Essa Alley of Vratsinas
Construction for Arnold's Inc., to rezone 8023 I -30, described as
Tract II, Eagle Commercial Subdivision, was introduced. The
application requested a zoning change from "R -2" Single - family
District to "I -2" Light Industrial District, and received Planning
Commission approval on July 11, 1989. There were no objectors present
and Ordinance No. 15,723 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 -5207 - To rezone 8023 I -30, from "R -2' Single - family District to
"I -2" Light Industrial District.)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Dailey, and by unanimous vote of the
members of the Board of Directors present, being seven in number and
J
AUGUST 1, 1989, Contd.
two - thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Dailey, seconded by Director Priest, that the rules
be suspended and the Ordinance be placed on third and final reading.
The motion was unanimously adopted by members of the Board of
Directors present, being seven 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. An Aye and No Vote was taken on passage of
the Ordinance with the response being: Ayes - Directors Dailey, Mayor
Villines, Directors Priest, Benafield, Hollingsworth, Bussey and
Shackelford - total 7; Noes - None; Absent - None. Therefore, the
Ordinance was declared PASSED.
Zoning Application Z- 4366 -A filed by White- Daters & Associates,
Inc. for Phoenix Builders, was the next presentation. The application
requested the reclassification of the NE corner of Walker Street at
West 26th Street, described as Lots 15 and 16, Pine Hill Subdivision,
from "R -2" Single - family District to "R -3" Single - family District.
The Planning Commission approved the application on July 11, 1989. No
one was present to speak in opposition to the reclassification and
Ordinance No. 15,724 was presented, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 4366 -A To rezone the NE corner of Walker Street at West 26th
Street, from °R -2° Single - family District to "R -3' Single - family
District.)
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Dailey, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion being made by Director Dailey, seconded by Director Priest, and
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. The Ordinance was read the third and last
time, and there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the response being: Ayes - Director Dailey,
Mayor Villines, Directors Priest, Benafield, Hollingsworth, Hussey and
Shackelford - total 7; Noes - None; Absent - None. The Ordinance
was then declared PASSED.
The next presentation was Ordinance No. 15,725, entitled:
' AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A VARIANCE AND WAIVER OF
STREET PAVING WIDTH AND DOUBLE - FRONTAGE LOTS REQUIREMENTS
RESPECTIVELY;
(For Pine Hill Homes Subdivision located at West 26th and Walker
Streets.)
with the Ordinance being read the first time. A motion followed
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Dailey, and unanimously adopted by members of the Board of
Directors present, being seven 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 Dailey
and seconded by Director Priest, 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 the members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect; whereupon, there was a third
and last reading of the Ordinance. The passage of the Ordinance was
then submitted to an Aye and No Vote which resulted as follows: Ayes
- Director Dailey, Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Bussey and Shackelford - total 7; Noes - None; Absent
- None. it was announced that the Ordinance had PASSED.
Director Shackelford was excused.
" -Q
AUGUST 1, 1989, Cont'd.
A public hearing had been scheduled by Resolution No. 81177, and
notice thereof duly published on July 23, 1989 and July 30, 1989, on
the petition from Mr. Sidney M. Thom, et al., to vacate and close the
alley running the length of block 168 between 36th and 37th Streets in
John Barrow Addition to the City of Little Rock, as approved by the
Planning Commission. Attached to the petition was a certified copy of
John Barrow Addition on file in the Pulaski County Circuit Clerk's
Office, and a letter from Pulaski County Title Company listing the
last apparent owners of record to abutting property. Mayor Villines
then declared the public hearing open and with no one present who
wished to speak in opposition to the proposed 'closing, the public
hearing was declared closed and Ordinance No. 15,726 was presented,
entitled:
AN ORDINANCE VACATING AND CLOSING THE ALLEY INIBLOCK 168 OF JOHN
BARROW ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
and the Ordinance was read the first time. A motion followed whereby
the rules were suspended to allow for the second reading of the
Ordinance. The motion was made by Director Hussey, seconded by
Director Priest, and 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. The Ordinance was then read
the second time. There was an ensuing motion made by Director Dailey '
and seconded by Director Priest, that the rules again be suspended to
provide for the third and final reading of the Ordinance. The motion
was adopted by unanimous vote of the 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. There was a third and last reading of
the Ordinance followed by an Aye and No Vote taken on the passage of
the Ordinance with the response being: Ayes - Director Dailey, Mayor
Villines, Directors Priest, Benafield, Hollingsworth and Hussey -
total 6; Noes - None; Absent - Director Shackelford - total 1.
Whereupon, the Ordinance was declared PASSED.
Director Shackelford was re- enrolled.
A public hearing had been scheduled for this time and place to
consider an Ordinance to authorize issuance of Revenue Bonds by the
City of Little Rock, Arkansas Health Facilities Board (Community Life
Services). Mayor Villines declared the public hearing open. Mr. Earl
Paul, Assistant City Manager, advised that he had not received the
document supporting 958 occupancy of the facility. Attorney Shepherd
Russell then agreed to provide documentation to Mr. Paul prior to
issuance of the bonds, supporting the 958 occupancy assumption upon
which the feasibility study was based. There was'no opposition or
further discussion, and Mayor Villines declared the public hearing
closed and Ordinance No. 15,727 was presented, with the title being:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF REVENUE BONDS BY THE '
CITY OF LITTLE ROCK, ARKANSAS HEALTH FACILITIES BOARD (COMMUNITY LIFE
SERVICES); PRESCRIBING OTHER MATTERS RELATING THERETO, AND DECLARING
AN EMERGENCY;
(Not to exceed $810,000.00 for construction of two 10 -bed intermediate
care facilities for the mentally handicapped.)
and after a first reading of the Ordinance, there was a motion by
Director Hussey, seconded by Director Priest, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Hussey
and Dailey, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board members present, being seven 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. The question, Shall
the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Director Dailey, Mayor
Villines, Directors Priest, Benafield, Hollingsworth, Hussey and
Shackelford - total 7; Noes - None; Absent - None.
r1
AUGUST 1, 1989, Cont1d.
The Emergency Clause contained in Section 4 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Director Dailey, Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Bussey and Shackelford - total 7; Noes - None; Absent
- None. The Ordinance, together with the Emergency Section, was then
declared PASSED.
Consideration was then given to Ordinance No. 15,728, containing
the following title:
AN ORDINANCE APPROPRIATING FUNDS TO METROPLAN FOR PARTICIPATION
IN A REGIONAL SOLID WASTE MANAGEMENT STUDY; AND DISPENSING WITH
COMPETITIVE BIDDING;
($61,000.00 appropriated from the Special Projects Fund.)
and said Ordinance was read the first time, followed by a motion by
Director Dailey, seconded by Director Priest, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Dailey, seconded by Director
Priest, and unanimously adopted by members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect. The Ordinance was read the third and
last time, and there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Director Dailey, Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Bussey and Shackelford - total 7; Noes - None; Absent
- None. It was then announced that the Ordinance had PASSED.
A proposed Ordinance was placed on the Agenda entitled, "AN
ORDINANCE REQUIRING COMPLIANCE WITH CITY FISCAL POLICIES BY
ORGANIZATIONS RECEIVING SUBSIDY, GRANT, OR LOAN FUNDING FROM THE CITY
OF LITTLE ROCK, OR USING THE CITY'S NAME FOR BOND FINANCING." At the
request of Mr. Charles Nickerson, Assistant City Manager for
Operations, the Ordinance was deferred for two weeks. Mr. Nickerson
advised that he had received comments from some of the agencies, but
felt there might be further comments regarding policy adjustments if
delayed for two weeks.
Ordinance No. 15,729 was introduced, entitled:
AN ORDINANCE TO AMEND LITTLE ROCK, ARK., ORDINANCE NO. 15,706, TO
CLARIFY THE GRANTING OF A FRANCHISE TO ALL COMPANIES THAT PROVIDE
INTERSTATE OR INTRASTATE LONG DISTANCE TELECOMMUNICATION SERVICE, AND
ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH THE CONDUCTING OF SUCH
!II
TELEPHONE BUSINESS IN THE CITY OF LITTLE ROCK, TELECOMMUNOICATION SERVIC S; GAINS
FOR OT ER PURPOSEg OFSA LONG ESTABLISHING DISTANCE
with the Ordinance being read the first time. A motion followed by
Director Dailey to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Priest and adopted by
unanimous vote of the Board Members present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect, and
a second reading of the Ordinance ensued. The rules were again
suspended and the Ordinance placed on third and final reading by a
motion again made and seconded by Directors Dailey and Priest,
respectively, and unanimously adopted by the Board Members present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. Following the third and final reading of
the Ordinance, there was an Aye and No Vote taken on passage of the
Ordinance, with the results recorded as follows: Ayes - Director
Dailey, Mayor Villines, Directors Priest, Benafield, Hollingsworth,
Bussey and Shackelford - total 7; Noes - None; Absent - None. The
Ordinance was then declared PASSED.
Mr. Don Morrow, Manager of the Little Rock Municipal Water Works,
was present and at the request of Director Benafield, advised that the
Little Rock Water Works does not have a written contract with the City
of North Little Rock for purchase of water from Little Rock. Director
Benafield stated, "we were advised by the City Attorney on January 27,
' 1988, that we are in violation of the law because there is no written
contract." He asked Mr. Morrow to please take the matter back to the
.->(.
Alklz
AUGUST 1. 1989. Cont'd.
Water Works Commissioners, because "this need to be done and it needs
to be done immediately, in order to comply with the law." Mayor
Villines commented that "we are all interested in this happening."
Mr. Morrow responded, "we are working toward that end."
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 8:25 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, August 15,
1989, at 6:00 o'clock P. M.
ATTEST: ]%K.r/ Ap�
City Clerk Jane Czech
APPROVED:,
Mayor Floyd Villines, III
it iE iE it iE * it it it * It iE
Board of Directors Chamber
Little Rock, Arkansas
August 15, 1989 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Vice Mayor Sharon Priest presiding in the
absence of Mayor Villines. City Clerk Jane Czech called the roll with
the following Directors present: Directors Benafield, Hollingsworth,
Shackelford and Dailey - total 4; Absent - Director Bussey and Mayor
Villines - total 2.
With a quorum present, Vice Mayor Priest declared the Board of
Directors in session.
The first matter to be considered was the Consent Agenda,
consisting of the following items:
(a) The reading of the Minutes of the previous meeting held
August 1, 1989.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of June, 1989.
(c) Resolution No. 8,185, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT TO CONVEY THE WHITFIELD/WEST 39TH STREET SANITARY SEWER
EXTENSIONS TO THE LITTLE ROCK WASTEWATER UTILITY.
(d) Resolution No. 8,186, with the title being:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF J. M. PRODUCTS,
INC. TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM. (Located
at 3117 Peyton Street)
(e) Resolution No. 8,187, containing the following caption:
A RESOLUTION AUTHORIZING THE TRANSFER OF PROPERTY FROM
THE WASTEWATER UTILITY TO THE CITY OF LITTLE ROCK. (For use and
benefit of the Parks and Recreation Department)
(f) Resolution No. 8,188, described as:
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO IMPLEMENT
THE PROVISIONS OF ARKANSAS ACT 556 OF 1989. (Authorizes City
Attorneys to take action to abate as public nuisances all dwellings
where drugs are used, stored or manufactured.)
(g) Resolution No. 8,189, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE ANNUAL PURCHASE OF PRINT SHOP PAPER
FOR THE DEPARTMENT OF HUMAN AND GENERAL SERVICES. (Appeared on the
Agenda as Item F -4, and presented with the Consent Agenda.)
By a motion from Director Shackelford, seconded by Director Dailey,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held August 1, 1989, were approved as written and
summarized to members of the Board of Directors; (b) The Comparative
Statement of Income Account of the Little Rock Municipal Water Works
for the month of June, 1989, was received and filed; and (c, d, e, f &
g) Resolutions No.. 8,185, 8,186, 8,187, 8,188 and 8,189, were read in
full and unanimously adopted by the Board Members present.
Prior to Citizen Communications, Director Shackelford requested
that the Ordinance appearing on the Agenda as Item 7, be deferred for
two weeks because she did not have an opportunity to review it. It
was agreeable with the Directors present and the Ordinance prohibiting
loitering for the purpose of drug related activity was deferred for
two weeks.
A'"3
2"'14
August 15, 1989, Cont'd.
At the time allotted for Citizen Communications, Representative
William L. "Bill" Walker, Jr., P. 0. Box 1609, Little Rock, addressed
the Board regarding a July 4th incident during which a police officer
pointed a gun at him at the University Hospital. He asked the Board
of Directors to re- evaluate the police training program relative to
race relations; investigate the incident of July 4th; and reconsider
the Police Department's deadly force policy allowing an officer to
point a gun when the officer feels threatened. Representative Walker
suggested that officers be allowed to pull their guns but not point
them at anyone who is not suspected of having committed a crime.
Director Shackelford asked City Manager Tom Dalton to take appropriate
steps to see that the Board of Directors receives the proper
information.
The other citizen addressing the Board was Mr. Robert "Say"
McIntosh, 2900 Gaines Street, Little Rock. He referred to the 11:00
P. M. curfew in Dermott, Arkansas, and mentioned drug and alcohol
related activities here in our own City among young people. At the
close of Mr. McIntosh's statement, Director Dailey assured him that
"this Board is interested in the drug problems in our City." He
commented to Representative Walker that he listened to him with
empathy and understanding and while he might not agree with a person
on certain issues, he recognizes one's constitutional rights.
Ordinance No. 15,730 was the next presentation, entitled:
AN ORDINANCE AMENDING THE MASTER STREET PLAN IN AN AREA SOUTH OF
ROCK CREEK PARKWAY AND NORTH OF COLONEL GLENN, CHANGING THE ALIGNMENT
OF 36TH STREET /KANIS ROAD AND COOPER ORBIT ROAD AS WELL AS SEVERAL
COLLECTORS, AND OTHER MATTERS;
with the Ordinance being read the first time, after which there was a
motion by Director Shackelford for suspension of the rules and the
placing of the Ordinance on second reading. The motion was seconded
by Director Dailey, and unanimously adopted by 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. A second reading of the
Ordinance followed, with a motion being made by Director Dailey and
seconded by Director Hollingsworth, to further suspend the rules and
place the Ordinance on third and final reading. With the motion
having been unanimously adopted by 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 read the third and
last time. The resulting Aye and No Vote taken on passage of the
Ordinance is herein recorded as follows: Ayes - Vice Mayor Priest,
Directors Benafield, Hollingsworth, Shackelford and Dailey - total 5;
Noes - None; Absent - Director Bussey and Mayor Villines - total 2.
Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 15,731, with the
title being:
AN ORDINANCE AMENDING THE GEYER SPRINGS EAST LAND USE PLAN
GENERALLY IN AN AREA SOUTH OF INTERSTATE 30 TO BASELINE ROAD AND EAST
OF DOYLE SPRINGS ROAD TO JAMISON ROAD, AND OTHER MATTERS;
and the Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Shackelford, seconded
by Director Dailey, and unanimously adopted by 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 Dailey,
seconded by Director Hollingsworth, that the rules again be suspended
to provide for the third and 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
last reading of the Ordinance. The passage of the Ordinance was then
submitted to an Aye and No Vote which resulted as follows: Ayes -
Vice Mayor Priest, Directors Benafield, Hollingsworth, Shackelford and
Dailey - total 5; Noes - None; Absent - Director Bussey and Mayor
Villines - total 2. The Ordinance was then declared PASSED.
1
n
r
August 15, 1989, Contd.
Introduced next was Ordinance No. 15,732, described as:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROPRIATE UP TO
$10,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE ECONOMIC
DEVELOPMENT FUND FOR STREET IMPROVEMENTS TO SOUTH WOODROW STREET FROM
ROOSEVELT ROAD SOUTH TO 33RD STREET;
(Act 9 Bond Issue - Leird Church Furniture Plant located at 33rd and
Woodrow Streets, soon to become the site of Seal -Dry, Inc.)
with the Ordinance being read the first time. (Section 2 of the
Ordinance provides that said appropriation is expressly conditioned
upon the successful closing of all bond financing as deemed
satisfactory by the City Manager, which negates the necessity for the
proposed Resolution appearing on the agenda; therefore, the
Resolution was not presented for consideration.) The rules were then
suspended to allow for the second reading by motion from Director
Benafield, seconded by Director Dailey, and 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.
Upon second reading of the Ordinance, there was a subsequent. motion
again made by Director Benafield, seconded by Director Hollingsworth,
that the rules be further suspended and the Ordinance be placed on
third and final reading. The motion was unanimously adopted by
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;
whereupon, the Ordinance was then read the third and last time. An
Aye and No Vote was taken on passage of the Ordinance which resulted
as herein recorded: Ayes - Vice Mayor Priest, Directors Benafield,
Hollingsworth, Shackelford and Dailey - total 5; Noes - None; Absent
- Director Hussey and Mayor Villines - total 2. The Ordinance was
then declared PASSED.
The next presentation was Ordinance No. 15,733, containing the
following caption:
AN ORDINANCE REQUIRING COMPLIANCE WITH CITY FISCAL POLICIES BY
ORGANIZATIONS RECEIVING SUBSIDY, GRANT, OR LOAN FUNDING FROM THE CITY
OF LITTLE ROCK, OR USING THE CITY'S NAME FOR BOND FINANCING;
and there was a first reading of the Ordinance. Mr. Earl Paul,
Assistant City Manager, explained a few minor changes that were made
since the first draft of the Ordinance. Upon question by Director
Hollingsworth, Mr. Paul said the agencies affected by the Ordinance
had an opportunity to visit with him regarding these provisions.
Director Dailey asked City Manager Tom Dalton to provide a report in
six months on the progress of the requirements of the Ordinance. A
motion followed by Director Benafield and seconded by Director Dailey,
that the rules be suspended and the Ordinance be placed on second
reading. 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 a second
reading of the Ordinance ensued. A motion was then made for a further
suspension of the rules to provide for the third and last reading of
the Ordinance, with the motion again being made by Director Benafield,
seconded by Director Hollingsworth, and unanimously adopted by 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 read -the third and last time, and there was an Aye and No Vote
taken on the question, Shall the Ordinance Pass, with the results
recorded as follows: Ayes - Vice Mayor Priest, Directors Benafield,
Hollingsworth, Shackelford and Dailey - total 5; Noes - None; Absent
- Director Bussey and Mayor Villines - total 2. Therefore, the
Ordinance was declared PASSED.
Ordinance No. 15,734 was the next presentation, entitled:
AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS REMOVING CERTAIN GEOGRAPHICAL AREAS FROM
INCLUSION WITHIN THE CENTRAL BUSINESS FIRE DISTRICT;
and after a first reading of the Ordinance, there was a motion by
Director Benafield, seconded by Director Dailey, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by 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 the second reading of the Ordinance ensued. A
subsequent motion was again made by Director Benafield and seconded by
2�6
August 15, 1989, Cont�d.
Director Hollingsworth, to further suspend the rules and place the
Ordinance on third and final reading. The motion was unanimously
adopted by 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. There was a third and final reading of the Ordinance
after which an Aye and No Vote was taken on passage of the Ordinance
with the response being: Ayes - Vice Mayor Priest, Directors
Benafield, Hollingsworth, Shackelford and Dailey - total 5; Noes -
None; Absent - Director Bussey and Mayor Villines - total 2.
Whereupon, the Ordinance was declared PASSED.
At the request of Director Dailey, two zoning issues were
presented for consideration. He asked the Board..of Directors to
consider them so Bale Chevrolet Company could move forward to obtain
financing for it's car dealership .expansion project located at the
southwest corner of Chenal Parkway at Gamble Road... Director Benafield
said he understood all the requirements had been met and there was a
time problem; therefore, it was generally agreed to consider them.
The following zoning applications were presented:
Z- 3168 -A - From Bale Chevrolet Company to rezone a tract zoned
"C -3" General Commercial District to "PCD" located on the south
side of Chenal Parkway, 800 feet west of Gamble Road, for an auto
dealership. The Planning Commission approved the application by
a vote of 7 ayes, 0 noes, 4 absent; and the Staff approved the
proposal subject to resolution of landscaping, lighting and
drainage.
Z- 4997 -B - From Bale Chevrolet Company to approve a revised "PCD"
located on the southwest corner of Chenal Parkway at Gamble Road,
for an auto dealership. (See Ordinance No. 15,472 passed May 3,
1988). The Planning Commission approved the application by a
vote of 7 ayes, 0 noes, 4 absent; and the Staff approved the
application subject to resolution of landscaping, lighting and
drainage.
Mr. Jim Lawson, Acting Director of Comprehensive Planning, made the
staff presentation showing a minor change to the "PCD" approved May 3,
1988, by adding 4.3706 acres, more or less. He explained the zoning
classifications of the surrounding property and displayed sketches of
the development. Director Dailey questioned Mr. Gene Bale who stated
there would be increased employment due to the dealership expansion.
Director Benafield complimented Mr. Bale on the environmental quality
of the development, saying it was an outstanding auto, dealership.
Upon question by Director Hollingsworth, Mr. Lawson advised there are
no curb cuts on the "PCD" portion that is being added, which could be
allowed in "C -3" zoning. He further stated that all other requests
the Planning Commission asked staff to resolve, have been satisfied.
Director Hollingsworth concluded the discussion by saying: "I
understand that the Bale Chevrolet PCD was passed by the Board by a
vote of 6 -0, one absent, more than one year ago; that while the staff
opposed the initial land use modification, staff now feels that under
the circumstances the revised and new PCD proposals would promote the
Chenal Parkway /Rock Creek area plan; and that the staff by its
approval is not supporting changes in the plan concepts. I further
note that this proposal only changes the intensity of what already is
a commercial use designations, and by PCD development limits curb cuts
and provides landscaping that otherwise might not be available."
There was no further discussion and Ordinance No. 15,735 was
presented, with the title being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A "PCD" DISTRICT TITLED BALE CHEVROLET (Z- 3168 -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- 3168 -A - For Bale Chevrolet Company located on Chenal Parkway at
Gamble Road.)
with the Ordinance being read the first time, after which there was a
motion by Director Shackelford for suspension of the rules and the
placing of the Ordinance on second reading. The motion was seconded
by Director Benafield, and unanimously adopted by 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. A second reading of the
Ordinance followed, with a motion being made by Director Dailey, again
seconded by Director Benafield, to further suspend the rules and place
the Ordinance on third and final reading. with the motion having been
�II
�J
LJ
n
I I
August 15, 1989, Cont'd.
unanimously adopted by 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 read the third and last
time. The resulting Aye and No Vote taken on passage of the Ordinance
is herein recorded as follows: Ayes - Vice Mayor Priest, Directors
Benafield, Hollingsworth, Shackelford and Dailey - total 5; Noes -
None; Absent - Director Bussey and Mayor Villines - total 2. It was
then announced that the Ordinance had PASSED.
The last matter to be considered was Ordinance No. 15,736,
described as:
11
i�
1
The meeting was closed with a prayer by Director Dailey.
There being no further business to be presented, Vice Mayor
Priest declared the meeting adjourned at 7:30 o'clock P. M., with the
Board of Directors to convene in regular session on Tuesday, September
5, 1989, at 6:00 o'clock P. M.
ATTEST:
City Clerk
Jane Czech
APPROVED: '� -�'�^� /,A�
Vice Mayor Sharon Priest
* * * * * * * * * *
�cd'7
AN ORDINANCE AMENDING ORDINANCE NO. 15,472 AND MODIFYING A PCD
DISTRICT TITLED BC AUTO PLAZA (Z- 4997 -B) 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- 4997 -B - For Bale Chevrolet Company located on Chenal Parkway at
Gamble Road.)
and the Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Shackelford, seconded
by Director Benafield, and unanimously adopted by 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
Dailey, again seconded by Director Benafield, 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 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 last reading of the ordinance. The passage of the Ordinance
was then submitted to an Aye and No Vote which resulted as follows:
Ayes - Vice Mayor Priest, Directors Benafield, Hollingsworth,
Shackelford and Dailey - total 5; Noes - None; Absent - Director
Bussey and Mayor Villines - total 2. The Ordinance was then declared
PASSED.
11
i�
1
The meeting was closed with a prayer by Director Dailey.
There being no further business to be presented, Vice Mayor
Priest declared the meeting adjourned at 7:30 o'clock P. M., with the
Board of Directors to convene in regular session on Tuesday, September
5, 1989, at 6:00 o'clock P. M.
ATTEST:
City Clerk
Jane Czech
APPROVED: '� -�'�^� /,A�
Vice Mayor Sharon Priest
* * * * * * * * * *
�cd'7
i
September 5, 1989, Cont'd.
Board of Directors Chamber
Little Rock, Arkansas
September 5, 1989 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth, Bussey; Shackelford and
Dailey - total 6; Absent - None.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Mayor Villines.
The first matter to be considered was the Consent Agenda,
consisting of the following items:
(a) The reading of the Minutes of the previous meeting held
August 15, 1989.
(b) The Audit Report of the Little Rock Housing Authority for
the 12 -month period ending September 30, 1988.
(c) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of July, 1989.
(d) Resolution No. 8,190, entitled:
A RESOLUTION APPROVING THE INSTALLATION OF'A 12 INCH
(12 ") WATER MAIN EXTENSION TO CONNECT THE ARCH STREET BOOSTER SYSTEM
AND THE MABELVALE BOOSTER SYSTEM.
(e) Resolution No. 8,191, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF FIRE HOSE FOR THE FIRE
DEPARTMENT. (Hartwick Fire Equipment Company - not to exceed $29,300)
(f) Resolution No. 8,192, described as:
A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FROM
THE 1988 CAPITAL IMPROVEMENT BOND PROJECT FOR IMPROVEMENTS TO HISTORIC
BUILDING FACADES AS APPROVED IN THE CENTRAL BUSINESS DISTRICT. (300
Spring Building, 300 Spring Street; Audio Visual Communications, 1123
West 3rd Street; and Second Baptist Church at 8th and Cumberland
Streets)
(g) Resolution No. 8,193, containing the following title:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A
CONTRACT TO ARCHITECTURAL HOMES IN THE AMOUNT OF $27,900 FOR
CONSTRUCTION OF AN AFFORDABLE HOME, PRESOLD TO MS. MALVERA COLEMAN.
(3702 Malloy Street)
(h) Resolution No. 8,194, entitled:
i
A RESOLUTION AUTHORIZING THE MAYOR, AND CITY CLERK TO
EXECUTE A RIGHT -OF -WAY EASEMENT FROM THE CITY OF LITTLE ROCK TO THE
LITTLE ROCK SANITARY SEWER COMMITTEE AND THE LITTLE ROCK WASTEWATER
UTILITY FOR THE PURPOSE OF EXTENDING A SEWER LINE ACROSS TAYLOR LOOP
PARK.
(i) Resolution No. 8,195, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR
A UNITED STATES DEPARTMENT OF INTERIOR GRANT THROUGH THE ARKANSAS
DEPARTMENT OF PARKS AND TOURISM TO BE USED FOR DEVELOPMENT OF HINDMAN
SOUTH PARK.
?QQ
September 5, 1989, Cont'd.
(j) Resolution No. 8,1961 described as:
A RESOLUTION TO RATIFY THE APPOINTMENTS BY THE MAYOR OF
THE CITY OF NORTH LITTLE ROCK OF TWO MEMBERS TO THE LITTLE ROCK,
ARKANSAS EMERGENCY MEDICAL HEALTH CARE FACILITIES BOARD; AND FOR OTHER
PURPOSES. (North Little Rock representatives on the Ambulance
Authority: Bill Maddox and Suzanne Peebles.)
By motion from Director Benafield, seconded by Director Shackelford,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held August 15, 1989, were approved as written and
summarized to members of the Board of Directors; (b) The Audit Report
of the Little Rock Housing Authority ending September 30, 1988, was
received and filed; (c) The Comparative Statement of Income Account of
the Little Rock Municipal Water Works for the month of July, 1989, was
received and filed; and (d, e, f, g, h, i and j) Resolutions No.
8,190, 8,191, 8,192, 8,193, 8,194, 8,195 and 8,196 were read in full
and unanimously adopted by the Board Members present.
Mayor Villines introduced Michael Gray who was present to observe
the meeting for credit toward receiving his Eagle Scout Badge.
At the time allotted for Citizen Communications, Mr. Joe Strack,
4001 Royal Oak, North Litle Rock, Chairman of Riverfest, Inc.,
expressed appreciation to the Board of Directors and citizens of
Little Rock for making 1989 Riverfest a success. He presented a check
for $50,000 to the City of Little Rock, in payment of the third
installment on the amphitheater located in Riverfront Park.
Mr. Frank Daley, 6 Buckthorn Street, spoke regarding the proposed
1990 Budget for the City of Little Rock. He criticized the City
Manager's Office and the City Attorney's Office, and spoke in strong
opposition to the suggested closing of Fire Station No. 6.
Mayor Villines presented "Honorary Citizen Certificates" to Mrs.
Divina Jones and Miss Monica Jones, of San Francisco, California,
relatives of Director Bussey, and welcomed them to the City of Little
Rock.
Consideration was then given to Ordinance No. 15,737, containing
the following caption:
AN ORDINANCE TO AMEND THE MASTER STREET PLAN, ADDING AN
INTERCHANGE AT ASHER AND UNIVERSITY;
and the Ordinance was read the first time. There was a motion by
Director Bussey, seconded by Director Priest, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
' number and two- thirds or more of the members of the Board of
Directors - elect. A second reading of the Ordinance followed, with a
motion being made by Director Bussey, seconded by Director Dailey, to
further suspend the rules and place the Ordinance on third and final
reading. With the motion having been unanimously adopted by members
of the Board of Directors present, being seven in number and two -
thirds or more of the members of the Board of Directors - elect, the
Ordinance was read the third and last time. The question, Shall the
Ordinance Pass, was submitted to an Aye and No Vote, which is recorded
as follows: Ayes - Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Bussey, Shackelford and Dailey - total 7; Noes - None;
Absent - None. Therefore, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 15,738, described as:
AN ORDINANCE TO ADOPT THE GENERAL PLAN FOR THE CITY OF LITTLE
ROCK AND OTHER MATTERS;
(Providing a general overview of land use and development for the City
of Little Rock - prepared by the Department of Comprehensive
Planning.)
and said Ordinance was read the first time, followed by a motion by
Director Bussey, seconded by Director Priest, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two - thirds or more of the members
' of the Board of Directors - elect, and a second reading of the Ordinance
300
September 5, 1989, Cont1d.
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Bussey, seconded by Director
Dailey, and unanimously adopted by members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect. The Ordinance was read the third and
last time, and there was an Aye and No Vote taken on passage of the
Ordinance with the response being: Ayes - Mayor Villines, Directors
Priest, Benafield, Hollingsworth, Bussey, Shackelford and Dailey -
total 7; Noes - None; Absent - None. The Ordinance was then
declared PASSED.
A public hearing had been scheduled for this time and place to
consider an Ordinance to approve the issuance of Refunding Revenue
Bonds (Series 1984, ARI Project) by the City of Little Rock, Arkansas
Health Facilities Board (Baptist Medical Center) . Mayor Villines
declared the public hearing open and when no one appeared to speak in
opposition to the proposal, the hearing was declared closed and
Ordinance No. 15,739, was presented, with the title being:
AN ORDINANCE APPROVING THE ISSUANCE OF REFUNDING REVENUE BONDS BY
THE CITY OF LITTLE ROCK, ARKANSAS HEALTH FACILITIES BOARD (BAPTIST
MEDICAL CENTER); DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
(ARI Project in the principal amount of $16,510,000. Purpose of the
'
Refunding Bonds is to refund the Outstanding Bonds and thereby achieve
savings in interest cost. The principal amount of the Refunding Bonds
will be no greater than $18,000,000.)
with the Ordinance being read the first time. A motion followed
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Bussey, seconded by
Director Priest, and unanimously adopted by members of the Board of
Directors present, being seven 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 Bussey
and seconded by Director Dailey, that the rules again be suspended to
provide for the third and final reading of the Ordinance. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect. There was a third and last reading
of the Ordinance followed by an Aye and No Vote taken on passage of
the Ordinance with the response being: Ayes - Mayor Villines,
Directors Priest, Benafield, Hollingsworth, Bussey, Shackelford and
Dailey - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 4 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Mayor Villines, Directors Priest, Benafield, Hollingsworth,
Bussey, Shackelford and Dailey - total 7; Noes - None; Absent -
None. The Ordinance, together with the Emergency Clause, was then
declared PASSED.
'
Introduced next was Ordinance No. 15,7401 with the title being:
AN ORDINANCE REVISING THE RULES AND REGULATIONS OF THE LITTLE
ROCK POLICE DEPARTMENT;
(1/3013.00 - Upon regular service retirement under honorable
circumstances, the Police Chief may, in recognition of and
appreciation for the service of the retiring officer, award to the
officer the pistol carried by the officer at the time of his
retirement from service.)
and said Ordinance was read the first time, followed by a motion by
Director Bussey, seconded by Director Priest, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Bussey, seconded by Director
Dailey, and unanimously adopted by members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect. The Ordinance was read the third and
I
September 5, 1989, Cont'd.
last time, and there was an Aye and No Vote taken on passage of the
Ordinance with the response being: Ayes - Mayor Villines, Directors
Priest, Benafield, Hollingsworth, Bussey, Shackelford and Dailey -
total 7; Noes - None; Absent - None. The Ordinance was then
declared PASSED.
Presented next was Ordinance No. 15,741, entitled:
AN ORDINANCE AMENDING CHAPTER 17, ARTICLE II, OF THE LITTLE ROCK
CITY CODE, 1988, PERTAINING TO LICENSE AND PRIVILEGE TAXES;
(Adding various categories and a section to provide a reduced fee for
providers of data processing services in the home, on a part -time
basis.)
and the Ordinance was read the first time. A motion followed by
Director Bussey, seconded by Director Priest, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. At this point, Mayor Villines invited Mr. Tommy Evans who
resides on Doyle Springs Road, to voice his opposition to the
Ordinance. Mr. Evans said he felt a public hearing to any change in
the privilege tax should be held to allow input from the businessmen.
He said many small businesses have gone out of business and commented
that an issue as important as this should be considered in a public
hearing. Referring to any budget cuts for 1990, he asked the Board
not to delete the Government Access Channel because this is the only
input the citizens have to the Board Meetings. Director Dailey said,
"I think the Government Access Channel is important and if any way
possible, I will not be voting to discontinue it." At the request of
Mayor Villines, Mr. John Pryor, Director of Finance, explained the
provisions of the Ordinance stating there are eleven categories where
the current charge will actually be decreased; adding, "we believe
this is justified due to the nature of the business." Included in the
Ordinance are twelve to fifteen new categories. Upon question by
Director Benafield, Mr. Pryor said the Ordinance is strictly to
equalize taxes and be fair to all. He explained to Director
Hollingsworth that the proposed increase in privilege taxes would be
derived from businesses in the new categories. Director Benafield
told Mr. Evans that this Ordinance is not a general review of the
privilege tax structure, and if it should be considered in the future,
a public hearing will be held. Mr. John McCaleb, 4600 Annette Lane, a
member of the Pulaski County Property Owners Association, was the
other speaker opposed to the Ordinance. He reminded there had been a
tax break for "big auto dealers" and referred to travel expenses, high
salaries, and appropriations to agencies such as the Chamber of
Commerce, and said privilege taxes keep small businessmen out of
business. Responding to Mr. McCaleb's comment about travel expenses,
Mayor Villines explained that none of the travel expense came from the
Chamber of Commerce. The trip to China was paid for by the United
Nations and the trip to Taiwan and Japan was paid for by Arkansas
Power & Light Company. In conclusion, Mr. McCaleb said instead of
raising taxes, he asked the Board to look into ways of cutting the
cost of City Government. Following the second reading of the
Ordinance, there was a motion made by Director Bussey and seconded by
Director Priest, that the rules be suspended to provide for the third
and final reading. The motion was adopted by unanimous vote of the
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
There was a third and last reading of the Ordinance followed by an Aye
and No Vote taken on passage of the Ordinance with the response being:
Ayes - Mayor Villines, Directors Priest, Benafield, Hollingsworth,
Bussey, Shackelford and Dailey - total 7; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
The last matter to be considered was a proposed Ordinance,
entitled:
AN ORDINANCE PROHIBITING LOITERING FOR THE PURPOSE OF DRUG
RELATED ACTIVITY AND DECLARING AN EMERGENCY;
and the Ordinance was read the first time. City Attorney Mark Stodola
reviewed changes in the proposed Ordinance since Board Members were
given a copy of the previous draft. Director Shackelford suggested
that the following paragraph be added to the proposed Ordinance:
301
012,
September 5, 1989, Cont1d.
"No arrest shall be made for a violation of this section unless
the arresting officer first affords such person an opportunity to
explain such conduct. No person shall be convicted of violating
this section if it appears at trial that the explanation given
was true and disclosed a lawful purpose."
Director Hussey commented that he was in the same position as he was
last Wednesday, and that he still opposes the wording in Section 2,
Paragraph 2(3). He said, "I am for the Police Department 1008 - I
oppose drugs, but I personally will not vote for this as long as this
language is in it." (Section 21 Paragraph 2(3) states: "The person
is experiencing drug intoxication as noted by the presence of physical
symptoms including, for example, dilated pupils, glassy eyes, slurred
speech, or loss of coordination or motor skills. ") Upon question by
Directors Dailey and Shackelford, Police Chief Louie Caudell said, "I
don't think we would ever want to approach a person who had only
slurred speech and decide from that, that he was in violation of this
Ordinance - an officer has to always look at the totality of the
circumstances." Director Benafield commented that drugs is the most
serious thing in this country, and the language in the Ordinance
doesn't bother him as long as it does what it's intended to do.
Director Shackelford said her concern is that when the Board passes
something, that it's fair, but she wants to do what she can to curtail
drugs. Rev. William Robinson, Jr., 4000 West 13th Street, who is
opposed to any kind of illegal drug activity, addressed the problem
saying, "I'm not sure this is the way to go." He wondered whether
people with slurred speech would be arrested in predominatly white
sections of the city as well as in predominatly black neighborhoods,
if the proposal became law. Rev. Robinson closed by saying he wants
to get drugs off the streets and will work with community involvement
to attain results, but felt "we need to look at this law." Mr. Glen
Schwarz, 67 Wakefield Drive, a member of Little Rock Normal, a
national organization for the reform of marijuana laws, told the Board
the group stands opposed to the entire Ordinance until such time as
marijuana might be legalized in the State of Arkansas; also, the group
is opposed to spending any more money for jails. Mr. Robert "Say"
McIntosh, 1200 West 14th Street, asked the Board to reconsider the
Ordinance urging that other methods to reduce crime be considered, and
made a plea for community dialogue over the drug issue. State
Representative Bill Walker, P. 0. Box 1609, Little Rock, said he
understood the desire to "get at" drug dealers, but the proposal could
harm so many other innocent people. Representative Walker pointed out
if he was waiting for a ride and flagged down a couple of cars, he
could be arrested for acting as a lookout. It was his opinion that
the proposal gives police officers too much discretion, and that the
black community bears the brunt of bad judgments by police officers.
A discussion evolved among Board Members in which Director Dailey said
after listening to those speaking, he was confused and would be
willing to take a little more time on the issue. Director Benafield
believed the Ordinance would deter some of the problems and give some
strength to the policemen. Mayor Villines, Directors Shackelford,
Hollingsworth and Priest, spoke for tabling the Ordinance. Director
Dailey asked Director Shackelford to serve as the Board's
representative to work with the Staff to "get into this in some sort
of committee action." Director Priest made a motion that the
Ordinance be tabled. The motion was seconded by Director Bussey and
adopted by the following vote: Ayes - Mayor Villines, Directors
Priest, Hollingsworth, Bussey, Shackelford and Dailey - total 6; Noes
- Director Benafield - total 1; Absent - None. Therefore, the
proposed Ordinance was TABLED.
There being no further business to be presented, Mayor Villines
declared the meeting recessed at 8:00 o'clock P. M., with the Board of
Directors to reconvene on Wednesday, September 13, 1989, at 1:30
o'clock P. M., for the purpose of considering appointments and
reappointments to various Boards and Commissions.
ATTEST: /R, �i��✓
City Clerk Jane Czech
APPROVED: �V i ZZ
Mayor Flo d G. Villines, III
I�
II
Board of Directors Chamber
Little Rock, Arkansas
September 13, 1989 - 1:30 P. M.
The Board of Directors of the City of Little Rock, Arkansas,
reconvened from the September 5, 1989, regular Board Meeting with
Mayor Floyd G. Villines presiding. City Clerk Jane Czech called the
roll with the following Directors present: Directors Priest,
Benafield, Hollingsworth, Shackelford and Dailey - total 5; Absent -
Director Bussey - total 1.
With a quorum in attendance, Mayor Villines declared the Board of
Directors in session and stated the purpose of the reconvened meeting
was to consider appointments and reappointments to various Boards and
Commissions. At 1:35 o'clock P. M., he announced that the Directors
would recess to executive session in the Board's Conference Room to
consider the appointments.
When the Board of Directors reconvened at 1:55 o'clock P. M.,
' Mayor Villines presided and the following Directors answered roll
call: Directors Benafield, Hollingsworth and Dailey - total 3;
Absent - Directors Priest, Bussey and Shackelford - total 3.
With a quorum present, Resolution No. 8,197 was presented,
entitled:
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE
CENTRAL ARKANSAS TRANSIT AUTHORITY, LITTLE ROCK SANITARY SEWER
COMMITTEE AND THE OAKLAND- FRATERNAL CEMETERY BOARD;
(Central Arkansas Transit Authority - Mr. Searcy J. Ewell, Sr.
reappointed and Mr. James B. Argue, Jr. appointed; Little Rock
Sanitary Sewer Committee - Mr. Henry C. Kelley, Jr. and Mr. Patrick D.
Miller appointed; Oakland - Fraternal Cemetery Board - Mrs. Jerry R.
Briggs, Mr. A. J. Wrape, Jr., Ms. Rosalia Torrence and Mr. George H.
Wittenberg, Jr. appointed.)
with the Resolution being read in its entirety. A motion was made by
Director Dailey and seconded by Director Benafield, that the
Resolution be adopted. The Resolution was adopted by unanimous voice
vote of the Board Members present.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 2:05 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, September 19,
1989, at 6:00 P. M.
�1
C
ATTEST: Fa4u_ dy� APPROVED �
City Clerk Jane Czech May Floyd G. Villines, III
303
304
Board of Directors Chamber
Little Rock, Arkansas
September 19, 1989 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Vice Mayor Sharon Priest presiding in the
absence of Mayor Villines. Assistant City Clerk Robbie Hancock called
the roll in the absence of City Clerk Jane Czech, with the following
Directors present: Directors Benafield, Hollingsworth, Bussey,
Shackelford and Dailey - total 5; Absent - Mayor Villines - total 1.
With a quorum present, Vice Mayor Priest declared the Board of
Directors in session.
The Invocation was given by Vice Mayor Priest.
The first matter to be considered was the Consent Agenda,
consisting of the following items:
(a) The reading of the Minutes of the previous meeting held '
September 5, 1989, and the reconvened meeting held September 13, 1989.
(b) Resolution No. 8,198, entitled:
A RESOLUTION APPOINTING A NEW BOARD OF ASSESSMENT FOR
VIMY RIDGE WATER IMPROVEMENT DISTRICT NO. 139 OF LITTLE ROCK,
ARKANSAS.
(c) Resolution No. 8,199, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT TO REMODEL A CITY OWNED RESIDENCE AT 4028
WEST 23RD STREET- (CDBG SAVE -A -HOME PROGRAM). (Contract to Phillips
Construction Company not to exceed $20,650.00.)
(d) Resolution No. 8,200, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR JANITORIAL SERVICES FOR CITY OWNED
BUILDINGS. (Contract to ISS Services, Inc. not to exceed $44,108.00.)
(e) Resolution No. 8,201, containing the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH L.E.G., INC. FOR THE PURPOSE OF INSTALLING TRAFFIC
SIGNALS AT THE INTERSECTIONS OF RODNEY PARHAM ROAD AND OLD FORGE, '
MABELVALE CUTOFF AND CHICOT ROAD, AND CHENAL PARKWAY AND BOWMAN ROAD.
(Not to exceed $149,698.80)
(f) Resolution No. 8,202, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH ARTHUR GALLAGHER & COMPANY FOR BUILDING AND CONTENTS
INSURANCE FOR ONE YEAR, COMMENCING OCTOBER 1, 1989.
(g) Resolution No. 8,203, with the title being:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF SEAL -DRY, INC.,
TO PARTICIPATE IN THE ARKANSAS ENTERPRISE PROGRAM. (Located at 3300
South Woodrow Street)
(h) Resolution No. 8,204, described as:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
GRANT RIGHT -OF -WAY EASEMENTS TO THE LITTLE ROCK SANITARY SEWER
COMMITTEE AND THE LITTLE ROCK WASTEWATER UTILITY FOR THE PURPOSE OF
RECONSTRUCTING A NEW SEWER LINE THROUGH LANDS OWNED IN THE VICINITY OF
SWAGGERTY PARK AT 33RD AND FULTON STREETS.
By motion from Director Bussey, seconded by Director Benafield, 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 meeting held September 5, 1989, and the reconvened meeting
305
September 19, 1989, Cont'd.
I
I
held September 13, 1989, were approved as written and summarized to
members of the Board of Directors; (b, c, d, e, f, g & h) Resolutions
No. 8,198, 8,199, 8,200, 8,201, 8,202, 8,203 and 8,204, were read in
full and adopted by unanimous voice vote of the Board Members present.
At this point in the meeting, Vice Mayor Priest introduced Mr.
Jim Hunt, General Sales Manager, and Mr. Brad Isroff, Program Manager,
for FM Radio Station COOL -95, who presented the City with a check for
$3,064.02. These are the proceeds from Volley Ball Beach Blast 189,
co- sponsored by the Parks and Recreation Department. Approximately
eight hundred volley ball team members participated in this first,
successful, annual event at Murray Park. Vice Mayor Priest presented
a "Certificate of Appreciation" to Radio Station COOL -95.
At the time allotted for Citizen Communications, Dr. Ruth Steele
of the Little Rock School District, spoke to the Board stating the
School District is looking forward to a positive and productive
working relationship with the Board of Directors during the coming
school year. She stated the School District has some serious issues
to consider and said the District will need the help and support of
the Board on many of these issues. She introduced Dr. Herbert Cleek,
Deputy School Superintendent, who said he was looking forward to
working with the Board of Directors.
'
Zoning Application 2- 4350 -A from Robert East for Stagebase
Partnership was introduced next. The application to rezone the
southwest corner of Stagecoach and Baseline Roads, described as Lots
1, 2, 3, 4, 5, 6 and part of 7, Henry V. Young's Subdivision, from "C-
2" Shopping Center to "C -3" General Commercial District, was approved
by the Planning Commission on July 25, 1989. No opposition to the
rezoning was presented and Ordinance No. 15,742 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;
(Z- 4350 -A - Southwest corner of Stagecoach and Baseline Roads, from
"C -2" Shopping Center to "C -3" General Commercial District.)
and after a first reading of the Ordinance, there was a motion by
Director Hussey, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. 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. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Bussey and
Dailey, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being six 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. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Vice Mayor Priest, Directors Benafield, Hollingsworth, Bussey,
Shackelford and Dailey - total 6; Noes - None; Absent - Mayor
Villines - total 1. The Ordinance was then declared PASSED.
The next presentation was Zoning Application Z- 4403 -D, filed by
Mrs. R. S. Kunze. The application requested the reclassification of
1224 Aldersgate Road (long legal description), from "PRD" District to
"0 -3" General Office District. The Planning Commission approved the
zoning change on August 22, 1989. No one opposed the reclassification
and Ordinance No. 15,743 was presented, containing the following
caption:
AN ORDINANCE REPEALING ORDINANCE NO. 14,894 AND REVOKING A "PRD"
DISTRICT TITLED ALDERSGATE /KANIS APARTMENTS LONG -FORM PRD (Z -4403) IN
THE CITY OF LITTLE ROCK, ARKANSAS;
(Z -4403 - 1224 Aldersgate Road, from 'PRD" to "0 -3" General Office
District.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Bussey and seconded by Director Dailey, which 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
'
i
Directors - elect. Upon second reading of the Ordinance, there was a
306
September 19, 1989, Cont'd.
subsequent motion by Director Bussey that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Dailey seconded the motion which was adopted by unanimous vote of the
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 ensued, followed by an Aye and
No Vote taken on passage of the Ordinance, with the results recorded
as follows: Ayes - Vice Mayor Priest, Directors Benafield,
Hollingsworth, Bussey, Shackelford and Dailey - total 6; Noes - None;
Absent - Mayor Villines - total 1. Whereupon, the Ordinance was
declared PASSED.
Ordinance No. 15,744 was considered with the title being:
AN ORDINANCE AMENDING THE 65TH STREET WEST LAND USE PLAN FROM
LIGHT INDUSTRIAL TO SINGLE FAMILY AND COMMERCIAL IN AN AREA AROUND
BRODIE LANE AND STAGECOACH ROAD;
with the Ordinance being read the first time, after which there was a
motion by Director Bussey for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Dailey, and 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 second reading of the
Ordinance followed, with a motion again being made by Director Bussey
and seconded by Director Dailey, to further suspend the rules and
place the Ordinance on third and final reading. With the motion
having been 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, the Ordinance was read the third and
last time. The resulting Aye and No Vote taken on passage of the
Ordinance is herein recorded as follows: Ayes - Vice Mayor Priest,
Directors Benafield, Hollingsworth, Bussey, Shackelford and Dailey -
total 6; Noes - None; Absent - Mayor Villines - total 1. The
Ordinance was then declared PASSED.
Consideration was then given to Zoning Application Z -5119 to
rezone 2.21 acres on Brodie Lane and Stagecoach Road (long legal
description), from "R -2" Single - family District to "C -1" Neighborhood
Commercial District. The application was filed by Max McIntosh,
Executor of the C. E. McIntosh Estate, and received approval of the
Planning Commission on August 22, 1989. (A letter of opposition from
Newoods, Inc., was filed with the Planning Commission and attached to
the Zoning Application.) No opposition was presented to the
reclassification at the Board of Directors Meeting and Ordinance No.
15,745 was presented, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5119 - 2.21 acres on Brodie Lane and Stagecoach Road, from "R -2"
Single - family to "C -1" Neighborhood Commercial District.)
and after a first reading of the Ordinance, there was a motion by
Director Bussey, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. 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, and the second reading of the Ordinance ensued. A
subsequent motion was made by Director Bussey, again seconded by
Director Dailey, to further suspend the rules and place the Ordinance
on third and final reading. 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.
There was a third and final reading of the Ordinance after which an
Aye and No Vote was taken on the question, Shall the Ordinance Pass,
with the results recorded as follows: Ayes - Vice Mayor Priest,
Directors Benafield, Hollingsworth, Bussey, Shackelford and Dailey -
total 6; Noes - None; Absent " Mayor Villines - total 1. Whereupon,
the Ordinance was declared PASSED.
The next Zoning Application to be considered was Z -5217 filed by
Helen Carder for Mary Jane Coulter, to rezone 1925 Napa Valley Road,
from "R -2" Single - family District to "0-2" Office and Institutional
District. The proposal received the approval of the Planning
Commission on August 22, 1989. No opposition was presented to the
September 19, 1989, Cont .
reclassification and Ordinance No.
the following caption:
15,746 was presented, containing
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 -5217 - 1925 Napa Valley Road,
Institutional District.)
from 'R -2" to 00-2° Office and
and the Ordinance was read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Benafield, seconded by Director Hollingsworth, and by unanimous vote
of the 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.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Benafield, seconded by Director Dailey, that the
rules be further suspended and the Ordinance be placed on third and
final reading. 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; whereupon, the
Ordinance was then read the third and last time. An Aye and No Vote
was taken on passage of the Ordinance which resulted as herein
recorded: Ayes - Vice Mayor Priest, Directors Benafield,
Hollingsworth, Bussey, Shackelford and Dailey - total 6; Noes - None;
Absent - Mayor Villines. It was then announced that the Ordinance had
PASSED.
The next presentation was Ordinance No. 15,747, entitled:
AN ORDINANCE AMENDING THE STEPHENS SCHOOL NEIGHBORHOOD LAND USE
PLAN FROM SINGLE FAMILY TO COMMERCIAL AT THE SOUTHWEST CORNER OF 12TH
AND WOODROW STREETS;
and said Ordinance was read the first time, followed by a motion by
Director Bussey, seconded by Director Shackelford, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the 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 a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion being made by Director Benafield, seconded by Director Dailey,
and 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. The Ordinance was read the third and last time,
and there was an Aye and No Vote taken on the question, Shall the
Ordinance Pass, with the results recorded as follows: Ayes - Vice
Mayor Priest, Directors Benafield, Hollingsworth, .Bussey, Shackelford
and Dailey - total 6; Noes - None; Absent - Mayor Villines - total
1. The Ordinance was then declared PASSED.
Zoning Application Z -5218 from
Patricia King and William and June
application to rezone 2911 and 29
Lots 3 and 4, Block 11, Jones a
Single - family and "R -4" Two -fam
Commercial District, was approved
conditions, on August 22, 1989.
Director Hollingsworth had a ques
Mr. Jim Lawson, Acting Director of
map and explained the turning lane
Hornibrook, 1501 North University A v
in the area, spoke for the propos
Road, Memphis, Tennessee, represent
questions, said the portion of th e
will be cut down approximately two
on the west side next to the
Hollingsworth the Auto Parts Store
preferably from the neighborhood.
Ordinance No. 15,748 was presented,
James K. Dickinson for James and
Walker, was introduced next. The
13 West 12th Street, described as
nid Worthen's Addition, from "R -3"
ly Districts to "C -3" General
by the Planning Commission, with
A discussion followed in which
tion regarding the traffic light.
Comprehensive Planning, displayed a
will be on 12th Street. Mr. Pete
enue, representing property owners
al. Mr. Jim Dickinson, 5658 Rex
ing the applicants, in response to
lot where the building will sit
feet, and a clear zone will be left
residence. He advised Director
will employ four to six people,
There was no further discussion and
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;
(2-5218 - 2911 and 2913 West 12th Street, from •R -3° and •R -4•
Districts to "C -3° General Commercial District.)
307
308
September 19, 1989, Cont'd.
and after a first reading of the Ordinance, there was a motion by
Director Bussey, seconded by Director Benafield, to suspend the rules
and place the Ordinance on second reading. 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. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Benafield and
Dailey, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being six 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. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Vice Mayor Priest, Directors Benafield, Hollingsworth, Bussey,
Shackelford and Dailey - total 6; Noes - None; Absent - Mayor
Villines - total 1. It was then announced that the Ordinance had
PASSED.
A proposed Ordinance was placed on the Agenda entitled, "An
Ordinance to Amend the Upper Rock Creek Land Use Plan from Commercial
to Office Along Either Side of Old Town Road from Chenal Parkway to
Markham.' Mr. Jim Lawson, Acting Director of Comprehensive Planning,
made a presentation in which he said the Land Use Plan does show this '
area (Tract 13, Hillvale Addition) as an office area and the land is
zoned for office also. However, he said if the Capital Keyboard
zoning is approved, "we recommend that the Plan be amended to show the
parcel a 'C' area, and what the Staff recommends is that we draw the
line at Old Town Road, and that we keep the commercial on the east
side." It was placed on the Agenda in conjunction with Zoning Case Z-
5178-A (See Ordinance No. 15,749), but in a discussion among Board
Members Director Benafield suggested that it was not necessary to
amend the Land Use Plan, and that it be withdrawn. Other Board
Members agreed and the proposed Ordinance was withdrawn and no action
was taken.
Consideration was then given to Ordinance No. 15,749, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED CAPITAL KEYBOARD (Z- 5178 -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;
5178 -A - Tract 13, Hillvale Addition - Establishing a PCD.)
with the Ordinance being read the first time. Those present speaking
for the PCD were Mr. Maury Mitchell, 212 Center Street, representing
the developers, and Mr. Dell Rich, 3702 South University Avenue. No
opposition was presented. A motion followed from Director Bussey to
suspend the rules and place the Ordinance on second reading. The
motion was seconded by Director Dailey and adopted by unanimous vote ,
of the Board Members present, being six in number and two- thirds or
more of the members of the Board of Directors - elect, and a second
reading of the Ordinance ensued. The rules were again suspended and
the Ordinance placed on third and final reading by a motion made and
seconded by Directors Bussey and Dailey, respectively, and unanimously
adopted by the Board Members present, being six 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, there was an
Aye and No Vote taken on the question, Shall the Ordinance Pass, with
the results recorded as follows: Ayes - Directors Benafield, Bussey,
Shackelford and Dailey - total 4; Noes - Vice Mayor Priest and
Director Hollingsworth - total 2; Absent - Mayor Villines - total 1.
Therefore, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 15,750, containing the
following caption:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A VARIANCE AND WAIVER OF
SIDEWALKS AND LOT DIMENSION REQUIREMENTS;
(For: Chenal Valley Preliminary Plat, Block 3, to provide for
variances in sidewalks within blocks and to allow building lines on
all lots where dimensions of 20 feet will accommodate rear lot access
and double frontage lots.)
and after a first reading of the Ordinance, there was a motion by '
Director Dailey, seconded by Director Hollingsworth, to suspend the
309
September 19, 1989, Cont'd.
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance
followed by a subsequent motion made and seconded by Directors Bussey
and Hollingsworth, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being six 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. The Aye and
No Vote taken on passage of the Ordinance received the following
response: Ayes - Vice Mayor Priest, Directors Benafield,
Hollingworth, Bussey, Shackelford and Dailey - total 6; Noes - None;
Absent - Mayor Villines - total 1. Whereupon, the Ordinance was
declared PASSED.
Ordinance No. 15,751 was the next presentation, with the title
being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR VARIANCES AND WAIVERS OF
SIDEWALK, DOUBLE FRONTAGE LOTS AND PIPE -STEM LOT REQUIREMENTS;
' (For: Chenal Valley Preliminary Plat, Blocks 4 and 5, to provide for
a waiver of sidewalks within blocks and for a waiver of the
prohibition of double frontage lots and pipe -stem lots.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Dailey and seconded by Director Hollingsworth, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Bussey that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Hollingsworth seconded the motion which was adopted by unanimous vote
of the 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 ensued, followed by an Aye
and No Vote taken on passage of the Ordinance, with the results
recorded as follows: Ayes - Vice Mayor Priest, Directors Benafield,
Hollingsworth, Bussey, Shackelford and Dailey - total 6; Noes - None;
Absent - Mayor Villines - total 1. The Ordinance was then declared
PASSED.
Ordinance No. 15,752 was considered and contained the following
title:
AN ORDINANCE LEVYING ADDITIONAL PRIVILEGE FEES TO BE PAID BY
' SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR 1990; AND PROVIDING
FOR THE PAYMENT THEREOF;
with the Ordinance being read the first time, after which there was a
motion by Director Dailey for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Hollingsworth, and 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 second reading of
the Ordinance followed, with a motion being made by Director Bussey,
again seconded by Director Hollingsworth, to further suspend the rules
and place the Ordinance on third and final reading. With the motion
having been 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, the Ordinance was read the third and
last time. The resulting Aye and No Vote taken on passage of the
Ordinance is herein recorded as follows: Ayes - Vice Mayor Priest,
Directors Benafield, Hollingsworth, Bussey, Shackelford and Dailey -
total 6; Noes - None; Absent - Mayor Villines - total 1. It was
announced that the Ordinance had PASSED.
The last matter to be considered was Ordinance No. 15,753, with
the title being:
II 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 NEESSARY TO C AND FOR OTHER PUAND REMOVE SAID STRUCTURES; DECLARING AN
' 11111 EMERGENCY
10
September 19, 1989, Cont'd.
and there was a first reading of the Ordinance. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Dailey and seconded by Director Hollingsworth, which 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. Upon second Director Bussey that the rules again
be suspended and the Ordinance be placed on third and final reading.
Director Hollingsworth seconded the motion which was adopted by
unanimous vote of the 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 ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the response being: Ayes - Vice Mayor Priest, Directors Benafield,
Hollingsworth, Bussey, Shackelford and Dailey - total 6; Noes - None;
Absent - Mayor Villines - 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 - Vice Mayor Priest, Directors Benafield, Hollingsworth, Bussey,
Shackelford and Dailey - total 6; Noes - None; Absent - Mayor
Villines - total 1. Whereupon, the Ordinance, together with the
Emergency Section, was then declared PASSED.
There being no further business to be presented, it was moved by
Director Dailey, seconded by Director Shackelford, and unanimously
carried that this meeting be adjourned at 7:08 o'clock P. M., and that
the Board of Directors convene in regular session on Tuesday, October
3, 1989 at 6:00 o'clock P. M.
ATTEST: /mow
City Clerk Jane Czech
APPROVED: /ILA
Vice Mayor Sharon Priest
1
CA
Board of Directors Chamber
Little Rock, Arkansas
October 3, 1989 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth, Shackelford and Dailey -
total 5; Absent - Director Bussey - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Director Benafield.
The Consent Agenda was the first presentation, consisting of the
following items:
' (a) The reading of the Minutes of the previous meeting held
September 19, 1989.
(b) Resolution No. 8,205, entitled:
RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS
AND AWARD CONTRACTS FOR THE PURCHASE OF TWO FIFTEEN PASSENGER VANS FOR
THE DEPARTMENT OF HUMAN AND GENERAL SERVICES /FLEET SERVICES DIVISION
AND AN ANNUAL CONTRACT FOR COMMERCIAL TRASH COLLECTION. (Vans:
Contract to Little Rock Dodge not to exceed $33,602.00; Trash
Collection contract to American Waste, Inc, not to exceed $25,850.40.)
(c) Resolution No. 8,206, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
EXISTING CONTRACT WITH CRANFORD CONSTRUCTION COMPANY FOR ASPHALT
STREET RESURFACING. (Not to exceed $58,025.00)
(d) Resolution No. 81207, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE 1990 CITY CALENDAR. (Contract to
International Graphics Industries not to exceed $32,320.00)
(e) Resolution No. 8,2081 containing the following caption:
A RESOLUTION SETTING THE DATE FOR PUBLIC HEARING TO
' CONSIDER AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF
THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR DESIGN OVERLAY ZONING
DISTRICTS. (Public Hearing date to be October 17, 1989.)
(f) Resolution No. 8,209, entitled:
A RESOLUTION SETTING THE DATE FOR PUBLIC HEARING TO
CONSIDER AN ORDINANCE ESTABLISHING AN INTERIM OVERLAY DISTRICT FOR THE
HIGHWAY 10 CORRIDOR PURSUANT TO THE DESIGN OVERLAY AUTHORITY OF
CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK,
ARKANSAS. (Public Hearing date to be October 17, 1989.)
(g) Resolution No. 8,210, with the title being:
A RESOLUTION OF THE CITY BOARD OF DIRECTORS OF THE CITY
OF LITTLE ROCK, ARKANSAS, AUTHORIZING THE ENTRY INTO AN AGREEMENT TO
ISSUE BONDS FOR THE PURPOSE OF SECURING AND DEVELOPING INDUSTRY WITHIN
THE CITY. (Western Foods, Inc.)
By a motion from Director Dailey, seconded by Director Shackelford,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held September 19, 1989, were approved as written and
summarized to members of the Board of Directors; and (b, c, d, e, f
and g) Resolutions No. 8,205, 8,206, 8,207, 8,208, 8,209 and 8,210,
were read in full and adopted by unanimous voice vote of the Board
Members present.
312
October 3, 1989, Cont'd.
At this point in the meeting, Mayor Villines proclaimed the week
of October 8th through 14th, "Fire Prevention Week ", and presented the
proclamation to Fire Chief Webb and Fire Marshall Don Forrester.
Director Bussey was enrolled.
Mr. Bernie Sherwood, President of Local No. 34 of the
Firefighters Union, made a plea to the Board of Directors for the City
to continue paying dependent health insurance coverage. In
discussions about possible budget cuts for 1990, it has been mentioned
that some employee 'benefits could be discontinued, with dependent
health insurance coverage being a possibility. Mr. Sherwood commented
about rising health costs and said the effect of losing dependent
health insurance coverage would actually be a decrease in salary.
Ordinance No. 15,754 was presented with the title being:
AN ORDINANCE AMENDING SECTIONS 31 -431 AND 31 -432 OF THE LITTLE
ROCK CITY CODE, 1988, PERTAINING TO THE REQUISITE ASSURANCES NECESSARY
FOR THE CONSTRUCTION AND COMPLETION OF SUBDIVISION STREET
IMPROVEMENTS;
and said Ordinance was read the first time. The rules were then '
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Bussey, which was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. Upon second reading of the Ordinance, there was a
subsequent motion made by Director Shackelford that the rules be
further suspended and the Ordinance be placed on third and final
reading. Director Dailey seconded the motion which was adopted by
unanimous vote of the members of the Board of Directors present, being
seven in number and two- thirds or more of the members of the Board of
Directors - elect. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Benafield,
Hollingsworth, Bussey, Shackelford, Dailey, Mayor Villines and
Director Priest - total 7; Noes - None; Absent - None. Mayor
Villines then announced that the Ordinance had PASSED.
Ordinance No. 15,755 was the next presentation, described as:
AN ORDINANCE AMENDING IN PART ORDINANCE NO. 11,366 TO PROVIDE FOR
LEVYING A FRANCHISE FEE TO BE PAID BY ARKANSAS LOUISIANA GAS COMPANY
FOR THE YEAR 1990; PROVIDING FOR THE PAYMENT THEREOF;
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Bussey, and by unanimous vote of the
members of the Board of Directors present, being seven in number and '
two- thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Shackelford, seconded by Director Dailey, that the
rules be further suspended and the Ordinance be placed on third and
final reading. The motion was unanimously adopted by members of the
Board of Directors present, being seven in number and two- thirds or
more of the members of the Board of Directors - elect; whereupon, the
Ordinance was then read the third and last time. An Aye and No Vote
was taken on passage of the Ordinance which resulted as herein
recorded: Ayes - Directors Benafield, Hollingsworth, Bussey,
Shackelford, Dailey, Mayor Villines and Director Priest - total 7;
Noes - None; Absent - None. The Ordinance was then declared PASSED.
Introduced next was Ordinance No. 15,756, containing the
following title:
AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT OF FEES AND
CHARGES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS BY ARKANSAS POWER
AND LIGHT COMPANY AND THE METHOD OF PAYMENT THEREOF BEGINNING IN 1990;
AMENDING SECTION 9 OF ORDINANCE NO. 11,683, AND FOR OTHER PURPOSES;
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Bussey, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance '
ensued. A motion was then made for a further suspension of the rules
333
October 3, 1989, Conttd.
I
i
it
to provide for the third and last reading of the Ordinance, with the
motion being made by Director Shackelford, seconded by Director
Dailey, and unanimously adopted by members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors- elect. The Ordinance was read the third and
last time, and there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the response being: Ayes - Directors
Benafield, Hollingsworth, Bussey, Shackelford, Dailey, Mayor Villines
and Director Priest - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
Ordinance No. 15,757 was considered next, entitled:
AN ORDINANCE TO PROVIDE FOR THE CONVEYANCE OF CITY PROPERTY
PREVIOUSLY OCCUPIED BY LEIRD MFG. CO. PURSUANT TO AN ACT 9 BOND ISSUE
TO THE DEPARTMENT OF INDUSTRIAL DEVELOPMENT (OF THE STATE OF
ARKANSAS);
(Leird Church Manufacturing Company defaulted on its Act 9 Bond
Payments by filing for bankruptcy; Property conveyed to AIDC.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Bussey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
'
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued. A
subsequent motion was made by Director Shackelford and seconded by
Director Dailey, to further suspend the rules and place the Ordinance
on third and final reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect.
There was a third and final reading of the Ordinance after which an
Aye and No Vote was taken on passage of the Ordinance and resulted as
follows: Ayes - Directors Benafield, Hollingsworth, Bussey,
Shackelford, Dailey, Mayor Villines and Director Priest - total 7;
Noes - None; Absent - None.
The Emergency Clause contained in Section 4 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Benafield, Hollingsworth, Bussey, Shackelford,
Dailey, Mayor Villines and Director Priest - total 7; Noes - None;
Absent - None. Therefore, the Ordinance, together with the Emergency
Section, was then declared PASSED.
Consideration was then given to Ordinance No. 15,758, with the
title being:
AN ORDINANCE AMENDING SECTION 22 -25 OF THE LITTLE ROCK CITY CODE,
1988, TO CLOSE NEIGHBORHOOD PARKS AT 10:00 P. M.;
'
(Shall not apply to War Memorial, Riverfront, Boyle, MacArthur, Curran
Conway, University, Terry Mansion, Dunbar, Granite Mountain and
Interstate Parks.)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Bussey, and by unanimous vote of the
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Shackelford, seconded by Director Dailey, that the
rules be suspended and the Ordinance be placed on third and final
reading. The motion was unanimously adopted by members of the Board
of Directors present, being seven in number and two - thirds or more of
the members of the Board of Directors - elect; whereupon, the Ordinance
was then read the third and last time. An Aye and No Vote was taken
on passage of the Ordinance which resulted as herein recorded: Ayes -
Directors Benafield, Hollingsworth, Bussey, Shackelford, Dailey, Mayor
Villines and Director Priest - total 7; Noes - None; Absent - None.
The Ordinance was then declared PASSED.
A public hearing had been scheduled for this time and place to
consider reassessing the value of benefits to be received by the
owners of each of several lots, blocks, and parcels of land within
West Markham Sewer Improvement District No. 146 of Little Rock. The
reassessments were filed in the office of the City Clerk on September
'
18, 1989, as required by law, and notice of such filing was duly
314
October 3, 1989, Cont'd.
L_J
published on September 22, 1989. Mayor Villines declared the public
hearing open and no one came forward to speak, and no protest of any
assessment was received; therefore, the public hearing was declared
closed and Ordinance No. 15,759 was presented, entitled:
AN ORDINANCE REASSESSING THE VALUE OF BENEFITS TO BE RECEIVED BY
THE OWNERS OF EACH OF SEVERAL LOTS, BLOCKS, AND PARCELS OF LAND WITHIN
WEST MARKHAM SEWER IMPROVEMENT DISTRICT NO. 146 OF LITTLE ROCK,
ARKANSAS; AND FOR OTHER PURPOSES;
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Dailey, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension %of• the rules
to provide for the third and last reading of the Ordinance, with the
motion being made by Director Dailey, seconded by Director
Shackelford, and unanimously adopted by members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect. The Ordinance was read the
third and last time, and there was an Aye and No Vote taken on passage '
of the Ordinance with the response being: Ayes - Directors Benafield,
Hollingsworth, Bussey, Shackelford, Dailey, Mayor Villines and
Director Priest - total 7; Noes - None; Absent - None. Mayor
Villines then announced that the Ordinance had PASSED.
The next presentation was Ordinance No. 15,760, with the title
being:
AN ORDINANCE ESTABLISHING THE RATE OF TAXATION OF PROPERTY FOR
CITY PURPOSES FOR THE YEAR 1990 FOR VARIOUS FUNDS OF THE CITY OF
LITTLE ROCK;
(Increased the rate of taxation on real property in the City of Little
Rock, from 3.0251 mills to 5 mills.)
with the Ordinance being read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Dailey, and unanimously adopted by members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect. A second reading of the
Ordinance followed, with a motion again being made by Director Priest
and seconded by Director Dailey, to further suspend the rules and
place the Ordinance on third and final reading. With the motion
having been unanimously adopted by members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect, the Ordinance was read the third and ,
last time. Before the vote on passage of the Ordinance was taken, a
discussion ensued among Board Members regarding the need for
additional revenue. Director Dailey opened the discussion saying the
property tax increase was an issue he had wrestled with for several
months. He further stated it was a long, hard decision, reaching a
point where he could vote for the millage increase, but also felt if
the City was to ever go to the voters or State Legislature for a tax
remedy, they would say "you have not used all the property tax levy
that is available to you." So, with a great deal of empathy and
sympathy, he expressed support for the Ordinance. Director
Hollingsworth questioned Mr. John Pryor, Director of Finance, asking
"are you convinced that the money of the City is being spent wisely ?"
Mr. Pryor replied, "yes, the dollars are spent where they are
appropriated to be spent." In answer to another question by Director
Hollingsworth, Mr. Pryor stated that without the two proposed tax
increases (property tax and garbage fees), there would be major
service cuts; however, these two, if approved, would cure the
financial ills without any expansion of programs." Director Benafield
commented that "we should put our emphasis on economic growth and do
everything we can to stimulate economic growth. Director Shackelford
said she had been reluctant to eliminate the garbage fee subsidy all
at once, but because the City was considering closing a fire station
and other budget cuts, she supported both tax measures. Director
Hollingsworth pointed out that the Federal Government has been cutting
back for several years on financial aid to cities; adding, "everyone
says they don't want taxes at the federal level, which means we're
going to have to face them at the local level." There was no further ,
discussion and a roll call vote was taken on the question, Shall the
L
October 3, 1989, Cont'd.
Ordinance Pass, with the response being: Ayes - Directors Benafield,
Hollingsworth, Bussey, Shackelford, Dailey, Mayor Villines and
Director Priest - total - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
Ordinance No. 15,761 was introduced, described as:
AN ORDINANCE TO AMEND SECTION 28 -46 OF THE 1988 LITTLE ROCK CITY
CODE OF ORDINANCES, PROVIDING FOR A SCHEDULE OF GARBAGE COLLECTION
FEES AS SET OUT THEREIN; AND FOR OTHER PURPOSES;
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Shackelford, which was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect. Upon second reading of the Ordinance, there
was a subsequent motion made by Director Shackelford that the rules be
further suspended and the Ordinance be placed on third and final
reading. Director Dailey seconded the motion which was adopted by
unanimous vote of the members of the Board of Directors present, being
seven in number and two - thirds or more of the members of the Board of
Directors - elect. The Ordinance was then read the third and last time.
Before the vote was taken, Director Bussey made a statement that he
could not support the increase because of the hardship on the poor
citizens. He further stated, "I believe there is some other way -
City residents are already over -taxed now - the poor people of Central
Little Rock are going to pay for the City's growth to the west."
Director Priest said it had been a very difficult decision for her.
Director Dailey said, "the ideal would be to provide all the services
we need and charge for none of them." He asked City Attorney Mark
Stodola to work with him in the future, in an effort to develop a way
to assist the citizens effected by the Ordinance. To close the
discussion, Director Benafield noted that in his nine years on the
Board, he couldn't recall a meeting in which the Board considered
major tax increases and no residents spoke up. A roll call vote was
then taken on passage of the Ordinance and is recorded as follows:
Ayes - Directors Benafield, Hollingsworth, Shackelford, Dailey Mayor
Villines and Director Priest - total 6; Noes - Director Bussey -
total 1; Absent - None. It was announced that the Ordinance had
PASSED.
At 6:55 o'clock P. M., Mayor Villines announced that the Board of
Directors would recess to executive session in the Board's Conference
Room, for the purpose of considering appointments to various Boards
and Commissions.
When the Board of Directors reconvened at 7:23 o'clock P. M. from
executive session, Mayor Villines presided and the following Directors
answered roll call: Directors Priest, Benafield, Hollingsworth,
Bussey, Shackelford, Dailey and Mayor Villines - total 7; Absent -
None.
The last presentation was Resolution No. 8,211, entitled:
A RESOLUTION MAKING APPOINTMENTS TO THE ARKANSAS ARTS CENTER
BOARD OF TRUSTEES, CITY BEAUTIFUL COMMISSION, AND THE HOUSING BOARD OF
ADJUSTMENT AND APPEALS;
(Arkansas Arts Center Board of Trustees: Mrs. Pat Davis and Mr.
Eugene L. Maris; City Beautiful Commission: Ms. Theodosha Cooper and
Mr. Merlin E. Seamon; and Housing Board of Adjustment and Appeals:
Mr. Walter Loyd, Jr.)
with the Resolution being read in its entirety. A motion was made by
Director Bussey and seconded by Director Shackelford, that the
Resolution be adopted. A roll call vote was taken and the Resolution
was adopted as follows: Ayes - Directors Benafield, Hollingsworth,
Bussey, Shackelford, Dailey, Mayor Villines and Director Priest -
total 7; Noes - None; Absent - None.
315
October 3, 1989, Cont'd.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 7:30 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, October 17,
1989, at 6:00 o'clock P. M.
ATTEST: +t-41
City(v/ Clerk Jane Czech
APPROVED: ,�Q � Vt�
Mayor F1oy G. Villines, III
Il
Board of Directors Chamber
Little Rock, Arkansas
October 17, 1989 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth, Shackelford and Dailey -
total 5; Absent - Director Bussey - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Director Hollingsworth.
The first matter to be presented was the Consent Agenda,
consisting of the following items:
' (a) The reading of the Minutes of the previous meeting held
October 3, 1989.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of August, 1989.
(c) Resolution No. 8,212, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE THE ALLEY IN BLOCK 3 OF WATSON ADDITION
TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing date to be
November 7, 1989)
(d) Resolution No. 8,2131 with the title being:
A RESOLUTION OF THE BOARD OF DIRECTORS AUTHORIZING THE
SALE OF CERTAIN WATER WORKS PROPERTY LOCATED ALONG HIGHWAY NO. 300 TO
THE ARKANSAS STATE HIGHWAY COMMISSION. (Tracts 47 and 48 at $2,150
and $3,246 respectively.)
(e) Resolution No. 81214, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW THE
AGREEMENT WITH THE ARKANSAS MUNICIPAL LEAGUE FOR VEHICLE INSURANCE FOR
ONE YEAR, COMMENCING OCTOBER 1, 1989.
By a motion from Director Priest, seconded by Director Hollingsworth,
' which was adopted by unanimous vote of the Board Members present,
Items a, b, c, d and e, were dispensed with as follows: (a) The
Minutes of the October 3, 1989, regular meeting were approved as
written and summarized to members of the Board of Directors; (b) The
Comparative Statement of Income Account of the Little Rock Municipal
Water Works for the month of August, 1989, was received and filed; (c,
d and e) Resolutions No. 8,2121 8,213 and 8,214 were read in full and
unanimously adopted by the Board Members present.
Vice Mayor /Director Priest presented "Certificates of
Appreciation" from the Board of Directors to Mr. Louis A. Schaufele,
Jr., Mr. Ted Treadway, III, and Mr. Gus Vratsinas, whose terms expired
on the Little Rock Sanitary Sewer Commission. Director Dailey also
voiced appreciation for the work, effort and time, each gave while
serving on the Commission and expressed hope that they would continue
their community involvement in other ways.
At this point, Ms. Brenda Fiser, State Coordinator for "Mothers
Against Drunk Drivers" (MADD) , read a prepared statement expressing
gratitude to City Attorney Mark Stodola and Municipal Judge Bill Watt
for their efforts to reduce drunk driving. On behalf of the victims
and potential victims of impaired driving, she presented six polaroid
317
33 S
OCTOBER 17 1989, Cont'd.
cameras to Assistant Police Chief James D. Vandiver to be used by
Police START Team. Vice Mayor /Director Priest presented
"Certificate of Appreciation" to MADD, which was received by
George Hatch on behalf of the organization.
the
a
Mr.
At the time allotted for Citizen Communications, Mr. Clint
Albright, 19125 Kanis Road, presented a proclamation encouraging the
Board of Directors to request the Parks and Recreation Department and
other City planners to escalate the improvements and additions to the
Interstate Park Softball Complex in Little Rock. He said the softball
events bring thousands of people into the City and that more fields
are needed as well as improvements to the existing fields. He
encouraged the City to speed its schedule of construction for
Interstate Park and solicit input from knowledgeable softball people
during the planning stages. Mr. Barry Travis, Executive Director of
the Little Rock Convention Bureau, stated the softball events have a
very positive economic impact and generate approximately $1,6071000.00
during the season. Director Benafield commented that "economic
development is one of the topics we have discussed and what Mr. Travis
said ties into revenue." He felt the program will pay for itself.
Mr. Albright asked the Board to move the schedule up on construction
of the three new fields which were included in the Bond Issue; improve
the existing fields; and ask planners to obtain input from
knowledgeable softball people. Responding to Mayor Villines call for
any further questions, Director Dailey asked City Manager Tom Dalton
to provide Board Members with a progress report on the Bond Issue
Projects.
Mr. Murray McKinsey, 3401 Fair Park Boulevard, complained to the
Board that the crosswalk installed at 32nd and Fair Park was
ineffective for pedestrians who are visually impaired. He said his
wife and three other women who attend UALR, simply cannot use the
crosswalk. He further stated he was advised the City is conducting a
study of the intersection at 32nd and Fair Park adding, "that's nice,
but it's a long term solution." Mr. McKinsey advised he had received
a letter from the public works director saying he was going to ask the
traffic engineer to look into installing a crosswalk that would be
more appropriate. He further stated he had received a letter from the
chief of traffic engineering indicating this investigation was not
happening. Mr. Mike Batie, Director of Public Works, advised he had
instructed the Traffic Engineering Section to look at the crosswalk at
32nd and Fair Park, and have a crosswalk then based on the criteria
for crosswalks. Also, they are looking at a crosswalk near the South
Oaks Apartments near Lucie Street; also, a street alignment project at
32nd and Fair Park, with that intersection more than likely becoming
signalized. In explaining some of the problems along Fair Park
Boulevard, Mr. Batie advised Director Priest that there are traffic
signals at 28th and 29th Streets and at Asher and Fair Park to the
south. He pointed out in closing, that Fair Park is a very difficult
area to get across. Director Priest asked that "we also look into
moving this project up." Mayor Villines requested Mr. Batie to check
into the matter and advised Mr. McKinsey that "we are going to push on
lt."
The last speaker was Mr. Tom Robinson of Capitol Cab Company, who
discussed some of the problems in the taxicab industry in the City of
Little Rock. He especially stressed the need for more taxicab stands.
City Manager Tom Dalton was requested to meet with Mr. Robinson and
report back to the Board on the issue.
Ordinance No. 15,762 was then presented, with the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF STREET
IMPROVEMENT REQUIREMENTS;
(Waiver of street improvements on Russenberger Road; curb, gutters,
sidewalks and underground drainage.)
with the Ordinance being read the first time, followed by a motion
from Director Priest to suspend the rules and place the Ordinance on
L JI
n
Lj
319
I
October 17, 1969, Cont'd.
I
second reading. The motion was seconded by Director Dailey and
adopted by unanimous vote of the Board Members present, being six in
number and two- thirds or more of the members of the Board of
Directors- elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion again made and seconded by Directors Priest and
Dailey, respectively, and unanimously adopted by the Board Members
present, being six 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, there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Directors Hollingsworth, Shackelford, Dailey, Mayor Villines,
Directors Priest and Benafield - total 6; Noes - None; Absent -
Director Bussey - total 1. Whereupon, the Ordinance was declared
PASSED.
Ordinance No. 15,763 was introduced and contained the following
caption:
AN ORDINANCE TO AMEND SECTION 5 -27 (B)(1) OF THE LITTLE ROCK CITY
CODE, 1988, TO PROVIDE FOR THE APPOINTMENT OF A LITTLE ROCK PHYSICIAN
TO THE CITY OF LITTLE ROCK, ARKANSAS, EMERGENCY MEDICAL HEALTH CARE
FACILITIES BOARD; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
'
(A practicing Arkansas licensed medical doctor who resides within the
!
City.)
and there was a first reading of the Ordinance. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Dailey, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Priest that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Dailey seconded the motion which was adopted by unanimous vote of the
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 ensued, followed by an Aye and
No Vote taken on passage of the Ordinance, with the response being:
Ayes - Directors Hollingsworth, Shackelford, Dailey, Mayor Villines,
Directors Priest and Benafield - total 6; Noes - None; Absent -
Director Hussey - total 1.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Hollingsworth, Shackelford, Dailey, Mayor Villines,
Directors Priest and Benafield - total 6; Noes - None; Absent -
Director Hussey - total 1. Therefore, the Ordinance, together with
the Emergency Section, was then declared PASSED.
A one -year time extension was placed on the Agenda for the
Planned Commercial Development titled "Kanis Road Shopping Center" (Z-
4663 -A), which was approved by the Planning Commission and Staff.
Director Priest moved that the time be extended on the "Kanis Road
Shopping Center PCD" for a period of one year. The motion was
seconded by Director Dailey, and was unanimously adopted by the Board
Members present.
I
A public hearing before the Board of Directors had been scheduled
`
for this time and place, and duly published on October 11, 1989, to
consider the following:
1. An Ordinance amending Chapter 36 of the Code of Ordinances to
establish Design Overlay Zoning Districts.
2. An Ordinance amending Chapter 36 of the Code of Ordinances to
establish an interim Highway 10 Overlay District.
I
320
October 17, 1989, Cont'd.
Mayor Villines declared the public hearing open and City Attorney Mark
Stodola explained the changes in the Ordinance establishing an Interim
Highway 10 Overlay District, since the Board received the last draft.
The changes had been approved by the Planning Commission by a vote of
8 ayes and 0 noes. Attorney Hal Kemp, who represents Flake and
Company, developers of the Kroger Store at Candlewood, was the first
person to address the Board. After a compromise was reached with City
Attorney Mark Stodola regarding setbacks, etc., he spoke in favor of
the Ordinances and asked that they be passed, because everyone along
the corridor will have to comply with the development criteria
contained in the Interim Highway 10 Overlay District - "everyone plays
with the same deck of cards." The Overlay establishes greater
setbacks from the highway and higher requirements for buffers and
landscaping and restrictions on curb cuts than other City Ordinances.
The Overlay will apply to property along the highway zoned for multi-
family residential, office and commercial developments. (A letter
from Mr. Eugene M. Pfeifer, III, a property owner and developer along
Highway 10, in which he favored passage of the Ordinances, and felt
the rules will not impose a hardship on developers as long as all have
to play by the same rules, was filed with the City Clerk.) Ms. Mary
Zehr, representing the League of Women Voters, favored passage of the
Ordinances, but expressed two concerns, those being greater attention
to noise abatement and the type of vegetation allowed in the buffer '
zones. Mr. George Wittenberg, 29 River Valley Road, a member of the
Review Committee and the American Institute of Architects, endorsed
the Ordinances. He commented that lots of research has gone into them
and suggested that they be applied to other areas. Director Benafield
expressed gratitude to Director Dailey for taking the lead in
developing the new Ordinances. Director Dailey said the new
Ordinances were a "testament to the spirit of cooperation" between
City Officials, property owners and developers. Referring to a
request by Director Dailey, Mr. Jim Lawson, Acting Director of
Comprehensive Planning, said "we will be looking at the issues of
side -yard landscaping and noise abatement." With there being no
further discussion, Mayor Villines declared the public hearing closed
and Ordinance No. 15,764 was presented, entitled:
AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF
THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR DESIGN OVERLAY ZONING
DISTRICTS; AND DECLARING AN EMERGENCY;
and there was a first reading of the Ordinance. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Dailey and seconded by Director Priest, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Dailey that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Shackelford seconded the motion which was adopted by unanimous vote of '
the 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 ensued, followed by an Aye and
No Vote taken on passage of the Ordinance, with the response being:
Ayes - Directors Hollingsworth, Shackelford, Dailey, Mayor Villines,
Directors Priest and Benafield - total 6; Noes - None; Absent -
Director Bussey - total 1.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Hollingsworth, Shackelford, Dailey, Mayor Villines,
Directors Priest and Benafield - total 6; Noes - None; Absent -
Director Bussey - total 1. Whereupon, the Ordinance, together with
the Emergency Section, was then declared PASSED.
The last Ordinance to be considered was No. 15,765, with the
title being:
AN ORDINANCE ESTABLISHING AN INTERIM OVERLAY DISTRICT FOR THE
HIGHWAY 10 CORRIDOR PURSUANT TO THE DESIGN OVERLAY AUTHORITY OF
CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK,
ARKANSAS; AND DECLARING AN EMERGENCY;
and said Ordinance was read the first time, followed by a motion by
Director Dailey, seconded by Director Priest, that the rules be
suspended and the Ordinance be placed on second reading. The motion ,
was adopted by unanimous vote of the members of the Board of Directors
present, being six in number and two - thirds or more of the members of
October 17. 1989. Cont'd.
the Board of Directors - elect, and a second reading of the
ensued. A motion was then made for a further suspension of
to provide for the third and last reading of the Ordinance,
motion being made by Director Dailey, seconded by
Shackelford, and unanimously adopted by members of the
Directors present, being six in number and two - thirds or mo
members of the Board of Directors - elect. The Ordinance was
Ordinance
the rules
with the
Director
Board of
re of the
read the
third and last time, and there was an Aye and No Vote taken on the
question, Shall the Ordinance Pass, with the results recorded as
follows: Ayes - Directors Hollingsworth, Shackelford, Dailey, Mayor
Villines, Directors Priest and Benafield - total 6; Noes - None;
Absent - Director Bussey - total 1.
The Emergency Clause contained in Section 2 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Hollingsworth, Shackelford, Dailey, Mayor Villines,
Directors Priest and Benafield - total 6; Noes - None; Absent -
Director Bussey - total 1. Therefore, the Ordinance, together with
the Emergency Section, was declared PASSED.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 7:35 o'clock P. M., with the Board
. of Directors to convene in regular session on Tuesday, November 7,
1989, at 6:00 o'clock P. M.
ATTES QiVLC. ( /?. ✓ APPROVED: %� ag
City/ Clerk Jane Czech Mayor Floy G. Villines, III
321
3ti
Board of Directors Chamber
Little Rock, Arkansas
November 7, 1989 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth, Bussey, Shackelford and
Dailey - total 6; Absent - None.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Director Bussey.
To begin the meeting, Director Benafield made a statement that he
had received "Arkansas Business" which said that Stephens, Inc, has
agreed to donate a tract of land (300 acres of land north of Colonel
Glenn Road, in Section 11, 12 and 13, T -1 -N, R -13 -W, Pulaski County,
Arkansas) to the City of Little Rock to be used for park purposes.
He expressed thanks to those responsible.
Mayor Villines recognized two members of Boy Scout Troop No. 198
of Mabelvale who were present to observe the meeting. The Scouts were
working on their Communication Merit Badge.
Resolution No. 8,215 was presented, entitled:
A RESOLUTION MAKING AN APPOINTMENT TO THE HOUSING BOARD OF
ADJUSTMENT AND APPEALS;
(Mrs. Ruthie Wrather appointed to a four -year term replacing Howard C.
Reed, said term to expire August 1, 1993.)
and the Resolution was read in its entirety. A motion was made by
Director Hollingsworth and seconded by Director Benafield, that the
Resolution be adopted. The motion was unanimously adopted by voice
vote of the Board Members present.
The next presentation was the Consent Agenda, consisting of the
following items:
(a) The reading of the Minutes of the previous meeting held
October 17, 1989.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of September, 1989.
(c) Motion to set the date for public hearing December 5, 1989,
on the appeal of the Warren Road Daycare Center Conditional Use
Permit. (Denied by Planning Commission 9- 19 -89)
(d) Resolution No. 8,216, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
CURRENT CONTRACT WITH DELTA DENTAL PLAN OF ARKANSAS TO PROVIDE
EMPLOYEE DENTAL INSURANCE TO 1990.
(e) Resolution No. 8,217, described as:
A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FROM
THE 1988 CAPITAL IMPROVEMENT BOND PROJECT FOR THE CONSTRUCTION OF CART
PATHS, IMPROVEMENTS TO SPRINKLER SYSTEMS, AND OTHER REPAIRS AT THE
MUNICIPAL GOLF COURSES.
(f) Resolution No. 8,218, containing the following caption:
A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A TRUST
FUND FOR PAYMENT OF OBLIGATION INCURRED IN CONNECTION WITH THE PULASKI
AREA GEOGRAPHICAL INFORMATION SYSTEM. (PAGIS)
h�
U
ri
November 7','1989','Cont'd.
(g) Resolution No
81219, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR CONSTRUCTION OF CDBG STORM DRAINAGE
FACILITIES ON WEST 13TH STREET, ELM TO PEYTON. (Contract to Township
Builders not to exceed $240,000)
(h) Resolution No. 8,220, with the title being:
A RESOLUTION AMENDING RESOLUTION NO. 7,696 ESTABLISHING
FEES FOR USE OF THE CITY'S GOLF COURSES, TENNIS CENTERS, SWIMMING
POOLS, VARIED ATHLETIC FEES AND ESTABLISHING COMMUNITY CENTER FEES.
By motion from Director Benafield, seconded by Director Dailey, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The minutes of the
previous meeting held October 17, 1989, were approved as written and
summarized to members of the Board of Directors; (b) The Comparative
Statement of Income Account of the Little Rock Municipal Water Works
for the month of September, 1989, were received and filed; (c) Public
Hearing to consider the appeal of the Warren Road Daycare Center
Conditional Use Permit was set for December 5, 1989; and (d, e, f, g
and h) Resolutions No. 8,216, 8,217, 8,218, 8,219 and 8,220 were read
in full and unanimously adopted by the Board Members present.
Following the Consent Agenda, Vice Mayor Priest presented an
"Honorary Citizenship Certificate" and Little Rock T- Shirts to Bryan
and Jean Biddle of Birmingham, England, who had been visiting Mr. Mike
Batie, Director of Public Works.
Vice Mayor Priest also presented plaques to Fire Chief Webb and
Dave Lutz, Director of Management Support, whose departments were
winners of the Dracula Blood Drive held on Halloween day. The Fire
Department donated the most units of blood and Management Support had
the highest percentage of employees donating blood. There was a total
of 61 units of blood donated at the drive.
At the time allotted for Citizen Communications, Mr. Farris
Hensley, representing the Little Rock Fraternal Order of Police,
Little Rock Firefighters and Little Rock Members of the American
Federation of State, County and Municipal Employees, presented a
prepared speech regarding expenditure of City funds and City services.
Ordinance No. 15,766 was then presented, entitled:
AN ORDINANCE TO AMEND THE CENTRAL CITY LAND USE PLAN WEST OF HIGH
STREET ON THE NORTH SIDE OF ROOSEVELT ROAD;
(To enlarge the commercial node at High Street and Roosevelt Road.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Dailey
and Priest, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being seven 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. The Aye and No Vote
taken on passage of the Ordinance is recorded as follows: Ayes -
Directors Hussey and Dailey, Mayor Villines, Directors Priest,
Benafield and Hollingsworth - total 6; Noes - None; Abstentions -
Director Shackelford - total 1; Absent - None. The Ordinance was
then declared PASSED.
Consideration was then given to Zoning Application 8 -5222 filed
by Mrs. Colone Young, to rezone 1514 West Roosevelt Road (long legal
description), from "R -4" Two - family District to "C -1" Neighborhood
Commercial District for operation of a florist shop. The application
was approved by the Planning Commission on October 3, 1989. No
opposition was presented to the rezoning and Ordinance No. 15,767 was
presented, with the title being:
323
324
November 7 1989 Cont'd.
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 -5222 - 1514 Roosevelt Road, from "R -4• Two - family District to "C -1"
Neighborhood Commercial District.)
with the Ordinance being read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Dailey, and unanimously adopted by members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect. A second reading of the
Ordinance followed, with a motion being made by Director Dailey and
seconded by Director Priest, to further suspend the rules and place
the Ordinance on third and final reading. With the motion having been
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect, the Ordinance was read the third and last
time. The resulting Aye and No Vote taken on passage of the Ordinance
is herein recorded as follows: Ayes - Directors Bussey and Dailey,
Mayor Villines, Directors Priest, Benafield and Hollingsworth - total
6; Noes - None; Abstentions - Director Shackelford - total 1;
Absent - None. Whereupon, the Ordinance was declared PASSED.
A proposed Ordinance to rezone 3900 -3924 Asher Avenue (Z- 4593 -A),
from "C -3" General Commercial District to "C -4" Open Display District,
was placed on the Agenda, but it was announced that the applicant had
requested deferral until November 21, 1989; therefore, the matter was
removed from the Agenda and no action was taken.
Zoning Application Z- 4807 -B from Jack McCray for Deltic Farm and
Timber Company was introduced next. The application to rezone 24.62
acres in Block 3, Chenal Valley (long legal description), from "MF -6"
Multi- family District to "R -2" Single - family District, was approved by
the Planning Commission. No opposition to the rezoning was presented
and Ordinance No. 15,768 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;
(Z- 4807 -B - 24.62 acres in Block 3, Chenal Valley, from "MF -6" Multi-
family to "R -2" Single - family District.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Priest and
Dailey, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being seven 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. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Directors Hussey, Shackelford, Dailey, Mayor Villines,
Directors Priest, Benafield and Hollingsworth - total 7; Noes - None;
Absent - None. The Ordinance was then declared PASSED.
The next presentation was Zoning Application Z -5225, filed by
James T. Thompson. The application requested the reclassification of
4819 Baseline Road (long legal description), from "R -2" Single - family
District to "C -3" General Commercial District. The Planning
Commission approved the zoning change, and with no one opposing the
reclassification, Ordinance No. 15,769 was presented, containing the
following caption:
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 -5225 - 4819 Baseline Road, from "R -2" Single - family District to "C-
3" General Commercial District.)
1
u
3�5
November 7, 1989, Cont'd.
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Dailey, which was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. Upon second reading of the Ordinance, there was a
subsequent motion again made by Director Priest that the rules be
suspended and the Ordinance be placed on third and final reading.
Director Dailey seconded the motion which was adopted by unanimous
vote of the members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Hussey,
Shackelford, Dailey, Mayor Villines, Directors Priest, Benafield and
Hollingsworth - total 7; Noes - None; Absent - None. Mayor Villines
then declared the Ordinance PASSED.
Consideration was then given to Zoning Application Z- 5109 -A filed
by Paul W. and Linda C. McCormack to revoke a Planned Unit Development
located at 4316 West Markham Street (Lot 9, Blankenship Resubdivision
of Block 8, Glendale Addition), titled "Generic Pharmacy Short -Form
PCD ", and restore "0 -3" General Office District. The application was
approved by the Planning Commission on October 3, 1989. No opposition
was presented to the proposal and Ordinance No. 15,770 was presented,
described as:
AN ORDINANCE REPEALING ORDINANCE NO. 15,606 AND REVOKING A "PCD"
DISTRICT TITLED "GENERIC PHARMACY SHORT -FORM PCD" (Z -5109) IN THE CITY
OF LITTLE ROCK, ARKANSAS;
(Z- 5109 -A - 4316 West Markham Street, from PCD to "0-3' General Office
District.)
with the Ordinance being read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Dailey, and unanimously adopted by members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect. A second reading of the
Ordinance followed, with a motion again being made by Director Priest
and seconded by Director Dailey, to further suspend the rules and
place the Ordinance on third and final reading. With the motion
having been unanimously adopted by members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect, the Ordinance was read the third and
last time. The resulting Aye and No Vote taken on passage of the
Ordinance is herein recorded as follows: Ayes - Directors Hussey,
Shackelford, Dailey, Mayor Villines, Directors Priest, Benafield and
' Hollingsworth - total 7; Noes - None; Absent - None. Whereupon, the
Ordinance was declared PASSED.
The next presentation was Zoning Application Z- 5151 -A to rezone
4900 West Markham Street (long legal description), from "R -3" Single -
family District to "0 -3" General Office District. The application was
filed by Attorney Ben McMinn for W. C. McMinn Company, Inc., and
received approval of the Planning Commission on October 3, 1989. No
opposition was presented to the reclassification and Ordinance No.
15,771 was introduced, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 5151 -A - 4900 West Markham Street, from "R -3" Single - family
District to 00-3' General Office District.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued. A
subsequent motion was made by Director Priest, again seconded by
Director Dailey, to further suspend the rules and place the Ordinance
on third and final reading. The motion was unanimously adopted by
I III members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
326
November 7, 1989, Cont'd.
There was a third and final reading of the Ordinance after which an
Aye and No Vote was taken on the question, Shall the Ordinance Pass,
with the results recorded as follows: Ayes - Directors Bussey,
Shackelford, Dailey, Mayor Villines, Directors Priest, Benafield and
Hollingsworth - total 7; Noes - None; Absent - None. The Ordinance
was then declared PASSED.
A public hearing had been scheduled by Resolution No. 8,212, and
notice thereof duly published on October 24, 1989 and October 31,
1989, on the request of Betty Mae Ellis, et all to vacate and close
all of the north /south alley in Block 3, Watson Addition to the City
of Little Rock. Attached to the petition was a certified copy of
Watson Addition on file in the Pulaski County Circuit Clerk's Office,
and a letter from Little Rock Abstract Company listing the last owners
of record to abutting property. The proposal received the approval of
the Planning Commission. Mayor Villines then declared the public
hearing open and with no opposition presented, he declared the public
hearing closed, and Ordinance No. 15,772 was presented, with the title
being:
AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 3 OF WATSON
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
and the Ordinance was read the first time. There was a motion by
Director Dailey, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect. A second reading of the Ordinance followed,
with a motion being made by Director Priest, seconded by Director
Hollingsworth, to further suspend the rules and place the Ordinance on
third and final reading. With the motion having been unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, the Ordinance was read the third and last time. The
question, Shall the Ordinance Pass, was submitted to an Aye and No
Vote, and received the following response: Ayes - Directors Bussey,
Shackelford, Dailey, Mayor Villines, Directors Priest, Benafield and
Hollingsworth - total 7; Noes - None; Absent - None. Whereupon, the
Ordinance was declared PASSED.
Ordinance No. 15,773 was the next presentation, entitled:
AN ORDINANCE TO AMEND ORDINANCE 14,568 AND AUTHORIZE THE
EXECUTION AND DELIVERY OF A FIRST SUPPLEMENTAL INDENTURE WHICH
SUPPLEMENTS AND AMENDS THE INDENTURE OF TRUST RELATING TO ITS
INDUSTRIAL DEVELOPMENT REVENUE BONDS (CPC INTERNATIONAL, INC. PROJECT)
SERIES 1983; AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST
AMENDMENT TO THE LEASE AGREEMENT AND A REMARKETING AGREEMENT RELATING
TO SAID BONDS; AND AUTHORIZING OTHER RELATED MATTERS PERTAINING TO
SAID BONDS;
and said Ordinance was read the first time, followed by a motion by
Director Dailey, seconded by Director Hollingsworth, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion being made by Director Priest, seconded by Director
Hollingsworth, and unanimously adopted by members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect. The Ordinance was read the
third and last time, and there was an Aye and No Vote taken on passage
of the Ordinance with the response being: Ayes - Directors Bussey,
Shackelford, Dailey, Mayor Villines, Directors Priest, Benafield and
Hollingsworth - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 9 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Bussey, Shackelford, Dailey, Mayor Villines,
Directors Priest, Benafield and Hollingsworth - total 7; Noes - None;
Absent - None. Therefore, the Ordinance, together with the Emergency
Section, was declared PASSED.
n
November '7', 1989, Cont'd.
Consideration was then given to Ordinance No. 15,774, described
as:
AN ORDINANCE TO AMEND SECTION 32- 342(b) AND 32- 342(c) OF THE 1988
LITTLE ROCK CODE OF ORDINANCES, PROVIDING FOR PERMITS FOR CURB LOADING
ZONES AND FOR OTHER PURPOSES;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Dailey, seconded by
Director Hollingsworth, and unanimously adopted by members of the
Board of Directors present, being seven 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 Priest and again 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 the
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect.
There was a third and last reading of the Ordinance followed by an Aye
and No Vote taken on passage of the Ordinance with the results
recorded as follows: Ayes - Directors Bussey, Shackelford, Dailey,
Mayor Villines, Directors Priest, Benafield and Hollingsworth - total
7; Noes - None; Absent - None. Mayor Villines then declared the
Ordinance PASSED.
' Ordinance No. 15,776 was the next presentation, entitled:
AN ORDINANCE AMENDING ORDINANCE 15,218 AND SECTION 23 -3(a), 23-
3(b), AND 23 -3(d) OF CHAPTER 23 OF THE CODE OF ORDINANCES, BEING THE
ZONING ORDINANCE FEE PROVISIONS;
and the Ordinance was read the first time. A motion followed whereby
the rules were suspended to allow for the second reading of the
Ordinance. The motion was made by Director Dailey, seconded by
Director Hollingsworth, and unanimously adopted by members of the
Board of Directors present, being seven 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 Priest and 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 the members of
the Board of Directors present, being seven in number and two - thirds
or more of the members of the Board of Directors - elect; whereupon,
there was a third and last reading of the Ordinance. The passage of
the Ordinance was then submitted to an Aye and No Vote which received
the following response: Ayes - Directors Bussey, Shackelford, Dailey,
Mayor Villines, Directors Priest, Benafield and Hollingsworth - total
7; Noes - None; Absent - None. The Ordinance was then declared
PASSED.
327
and after a first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors- elect. There was a second reading of the Ordinance
followed by a subsequent motion made and seconded by Directors Priest
and Hollingsworth, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being seven 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. The Aye and
No Vote taken on passage of the Ordinance is recorded as follows:
Ayes - Directors Bussey, Shackelford, Dailey, Mayor Villines,
Directors Priest, Benafield and Hollingsworth - total 7; Noes - None;
Absent - None. The Ordinance was then declared PASSED.
Ordinance No. 15,775 was introduced, with the title being:
AN ORDINANCE AMENDING SECTION 6- 44(a), 6 -47, AND 6- 52(d)(2) OF
CHAPTER 6 OF THE CODE OF ORDINANCES FOR THE CITY OF LITTLE ROCK
PERTAINING TO ANIMAL CONTROL LICENSE FEES, FINES AND OTHER ASPECTS OF
ANIMAL CONTROL;
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Dailey, seconded by
Director Hollingsworth, and unanimously adopted by members of the
Board of Directors present, being seven 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 Priest and again 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 the
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect.
There was a third and last reading of the Ordinance followed by an Aye
and No Vote taken on passage of the Ordinance with the results
recorded as follows: Ayes - Directors Bussey, Shackelford, Dailey,
Mayor Villines, Directors Priest, Benafield and Hollingsworth - total
7; Noes - None; Absent - None. Mayor Villines then declared the
Ordinance PASSED.
' Ordinance No. 15,776 was the next presentation, entitled:
AN ORDINANCE AMENDING ORDINANCE 15,218 AND SECTION 23 -3(a), 23-
3(b), AND 23 -3(d) OF CHAPTER 23 OF THE CODE OF ORDINANCES, BEING THE
ZONING ORDINANCE FEE PROVISIONS;
and the Ordinance was read the first time. A motion followed whereby
the rules were suspended to allow for the second reading of the
Ordinance. The motion was made by Director Dailey, seconded by
Director Hollingsworth, and unanimously adopted by members of the
Board of Directors present, being seven 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 Priest and 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 the members of
the Board of Directors present, being seven in number and two - thirds
or more of the members of the Board of Directors - elect; whereupon,
there was a third and last reading of the Ordinance. The passage of
the Ordinance was then submitted to an Aye and No Vote which received
the following response: Ayes - Directors Bussey, Shackelford, Dailey,
Mayor Villines, Directors Priest, Benafield and Hollingsworth - total
7; Noes - None; Absent - None. The Ordinance was then declared
PASSED.
327
November 7, 1989, Cont'd.
Ordinance No. 15,777 was introduced next, and contained the
following heading:
AN ORDINANCE ESTABLISHING PERMIT FEE SCHEDULES FOR BUILDING,
ELECTRICAL, PLUMBING, AND RELATED WORK PERFORMED IN THE CITY OF LITTLE
ROCK, ARKANSAS; REPEALING ORDINANCE NOS. 13,920, 14,159, 15,391, AND
ALL OTHER TECHNICAL CODE ORDINANCE FEE PROVISIONS IN CONFLICT
HEREWITH; AND FOR OTHER PURPOSES;
with the Ordinance being read the first time, followed by a motion
from Director Dailey to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Hollingsworth and
adopted by unanimous vote of the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Priest and
Hollingsworth, respectively, and unanimously adopted by the Board
Members present, being seven 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, there was an Aye and No Vote taken on the
question, Shall the Ordinance Pass, with the results recorded as
follows: Ayes - Directors Hussey, Shackelford, Dailey, Mayor '
Villines, Directors Priest, Benafield and Hollingsworth - total 7;
Noes - None; Absent - None. Mayor Villines then announced that the
Ordinance had PASSED.
Consideration was then given to Ordinance No. 15,778, entitled:
AN ORDINANCE AMENDING SECTION 32 -377 OF THE LITTLE ROCK CITY
CODE, 1988, PROHIBITING THE PARKING OF COMMON CARRIERS ON CITY
STREETS;
(Truck tractor and /or semi- trailer, including 18- wheeler truck
tractors and /or semi - trailers.)
and after a first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect, and the second reading of the Ordinance
ensued. A subsequent motion was made by Director Priest to further
suspend the rules and place the Ordinance on third and final reading,
which motion was seconded by Director Hollingsworth, and adopted by
unanimous vote of the members of the Board of Directors present, being
seven in number and two- thirds or more of the members of the Board of
Directors - elect. There was a third and last reading of the Ordinance
after which an Aye and No Vote was taken on passage of the Ordinance
with the response being: Ayes - Directors Bussey, Shackelford, ,
Dailey, Mayor Villines, Directors Priest, Benafield and Hollingsworth
- total 7; Noes - None; Absent - None. Therefore, the Ordinance was
declared PASSED.
A proposed Ordinance to grant a franchise to the Legacy Hotel to
use a part of the rights -of -way at West Capitol Avenue, South Gaines
Street and West 6th Street, for a parking deck, building, fence and
wall, was placed on the Agenda. Prior to the meeting, the applicant
asked that the Ordinance be withdrawn from the Agenda and no action
was taken.
At this point in the meeting, Director Dailey commented with
reference to the budget process and expenditure of City funds. He
said he felt it important that the City Staff and the public
understand that "we as a Board, care about City Employees and that
they are represented from a policy standpoint as diligently, honestly
and in as Christian like manner as we can, within the structure of the
budgeting process, but there are just so many dollars to go around and
that's where the dilemma comes in."
At 6:50 o'clock P. M., Mayor Villines announced that the Board of
Directors would recess to executive session in the Board's Conference
Room, for the purpose of considering appointments to various Boards
and Commissions.
November 7, 1989, Cont'd.
When the Board of Directors reconvened at 7:50 o'clock P. M. from
executive session, Mayor Villines presided and the following Directors
answered roll call: Directors Priest, Benafield, Hollingsworth,
Shackelford, Dailey and Mayor Villines - total 6; Absent - Director
Bussey - total 1.
Resolution No. 8,221 was presented, with the title being:
A RESOLUTION REAPPOINTING MR. WINSTON FAULKNER TO THE LITTLE ROCK
WATER WORKS COMMISSION;
(Eight -year term expiring October 31, 1997.)
with the Resolution being read in its entirety. A motion was made by
Director Dailey and seconded by Director Priest, that the Resolution
be adopted. The Resolution was adopted by unanimous voice vote of the
Board Members present.
The next presentation was Resolution No. 8,222, described as:
A RESOLUTION APPOINTING COMMISSIONERS TO THE HOUSING AUTHORITY OF
THE CITY OF LITTLE ROCK, ARKANSAS;
(Reappointing Carleton McMullin for a 5 -year term expiring October 24,
1994; and appointing Mrs. Carolyn Witherspoon to fill the unexpired
term of Mrs. Jane Saunders, said term expiring October 24, 1993.)
and there was a complete reading of the Resolution. A motion was made
by Director Dailey and seconded by Director Priest, that the
Resolution be adopted. Mayor Villines called for a voice vote and the
Resolution was unanimously adopted by the Board Members present.
The last matter to be presented was Resolution No. 8,223,
entitled:
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE CITY
BEAUTIFUL COMMISSION, HOUSING BOARD OF ADJUSTMENT AND APPEALS,
PLANNING COMMISSION, AND THE PRIVATE INDUSTRY COUNCIL;
` (City Beautiful Commission: Mr. Ken Bernard and Mr. Joe Franklin
)n reappointed and Mr. Thomas Johnson appointed; Housing Board of
Adjustment and Appeals: Mr. J. S. (Stan) Dobbs appointed; Planning
Commission: Mrs. Rose Collins reappointed and Mr. Stephen Leek
reinstated; and the Private Industry Council: Mr. Nolan Fleming
reappointed.)
with the Resolution being read in its entirety. A motion was made by
Director Dailey and seconded by Director Priest, that the Resolution
be adopted. The Resolution was adopted by unanimous voice vote of the
Board Members present.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 8:00 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, November 21,
1989, at 6:00 o'clock P. M.
ATTEST: ( /!N APPROVED:
City Clerk Jane Czech Mayor Floyd Villines, III
.329
330
Board of Directors Chamber
Little Rock, Arkansas
November 21, 1989 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:.
Directors Priest, Benafield,,Hollingsworth, Shackelford and Dailey -
total 5; Absent - Director Bussey - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Director Shackelford.
The Consent Agenda was the first presentation, consisting of the
following items:
(a) The reading of the Minutes of the previous meeting held
November 7, 1989.
(b) Resolution No. 8,224, entitled:
A RESOLUTION OF THE LITTLE ROCK BOARD OF DIRECTORS
ACKNOWLEDGING RECEIPT OF THE CAPITAL IMPROVEMENTS PROGRAM BOOK OF
SUGGESTED PROJECTS. (1990 -2000)
(c) Resolution No. 8,225, with the title being:
A RESOLUTION ALLOCATING 1988 CAPITAL IMPROVEMENT BOND
FUNDS (APPROPRIATED BY ORDINANCE NO. 15,473) TO THE CHICOT, PRESTON TO
MILFORD PROJECT FOR RIGHT -OF -WAY ACQUISITION. (Not to exceed
$140,000)
(d) Resolution No. 81226, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH PRUDENTIAL INSURANCE COMPANY OF AMERICA TO PROVIDE CITY
EMPLOYEES HEALTH AND LIFE INSURANCE BENEFITS FOR A ONE YEAR PERIOD
BEGINNING JANUARY 1, 1990.
(e) Resolution No. 8,227, containing the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH UNITED AERIAL MAPPING FOR GROUND CONTROL MONUMENTS FOR
PULASKI AREA GEOGRAPHIC INFORMATION SYSTEM (PAGIS). (Contract not to
exceed $77,850; cost to be shared by the City of Little Rock, Little
Rock Wastewater Utility and the Little Rock Municipal Water Works,
with the City's share to be approximately $50,000.)
(f) Resolution No. 8,228, entitled:
A RESOLUTION AUTHORIZING THE LITTLE ROCK PRIVATE
INDUSTRY COUNCIL TO ALLOCATE JTPA TITLE IIA REMAINING FUND BALANCE FOR
PROGRAM YEAR 1989. (Allocation of $63,076 as follows: $12,000 -
Watershed; $30,000 On- the - Job - Training; and $21,7,06 - Metropolitan
Educational Services Center.)
(g) Resolution No. 8,229, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
ENGINEERING SERVICES CONTRACT WITH GARVER AND GARVER, INC. TO COMPLETE
DESIGN STUDIES AND CONSTRUCTION PLANS FOR THE CONNECTION OF UNIVERSITY
AVENUE AND CHICOT ROAD. ($45,000)
(h) Resolution No. 8,230, described as:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF ELECTRONIC DATA
SYSTEMS FEDERAL CORPORATION, TO PARTICIPATE IN THE ARKANSAS ENTERPRISE
ZONE PROGRAM. (Located at 101 East Capitol Avenue. Note: This
Resolution did not appear on the Agenda, but at the request of
Director Priest, was added to the Consent Items.)
1
�11
331
November 21, 1989, Cont'd.
By a motion from Director Priest, seconded by Director Dailey, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held November 71 1989, were approved as written and
summarized to members of the Board of Directors; and (b, c, d, e, f, g
& h) Resolutions No. 8,224, 8,225, 8,226, 8,227, 8,2281 8,229 and
8,230, were read in full and adopted by unanimous voice vote of the
Board Members present.
At the time allotted for Citizen Communications, Mr. Muskie
Harris, Chairman of the Central High Community Development Block Grant
Area, was the only speaker. He spoke about some of the problems and
accomplishments of the neighborhood. With reference to crime, he
requested the City to investigate the possibility of placing a gate at
Centennial Park. Mr. Harris also requested that a Land Use Study be
conducted of the Central High Area. City Manager Tom Dalton was
requested to study these two matters.
Ordinance No. 15,779 was then presented, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF STREET RIGHT-
OF -WAY DEDICATION AND DEFERRAL OF STREET IMPROVEMENTS ON LOT 2
REQUIREMENTS, RESPECTIVELY;
(Lot 2, McDonald's Addition; providing for a variance in reduction of
right -of -way from 110' to 90' for Roosevelt Road, and that Lot 2
street improvements be deferred until building permit is requested.)
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Dailey, and 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. The Ordinance was then read
the second time. There was an ensuing motion made by Director Dailey
and seconded by Director Shackelford, 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 the 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. There was a third and
last reading of the Ordinance followed by an Aye and No Vote taken on
passage of the Ordinance with the results recorded as follows: Ayes -
Directors Shackelford, Dailey, Mayor Villines, Directors Priest,
Benafield and Hollingsworth - total 6; Noes - None; Absent -
Director Bussey - total 1. Whereupon, the Ordinance was declared
PASSED.
Introduced next was Ordinance No. 15,780, with the title being:
' AN ORDINANCE TO AMEND ORDINANCE 15,577 APPROPRIATING FUNDS FOR
CERTAIN EXPENDITURES;
(First sentence of Section 6 of Ordinance 15,577 is deleted and
replaced by the following sentence - "There is hereby appropriated
$3,650,000 from the Special Projects Fund and $1,850,000 from the
Revenue Sharing Fund for the creation of a new Economic Development
Fund.)
and the Ordinance was read the first time. A motion followed whereby
the rules were suspended to allow for the second reading of the
Ordinance. The motion was made by Director Priest, seconded by
Director Dailey, and 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. The Ordinance was then read
the second time. There was an ensuing motion made by Director Dailey
and seconded by Director Shackelford, 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 the 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; whereupon, there was a
third and last reading of the Ordinance. The passage of the Ordinance
was then submitted to an Aye and No Vote which received the following
response: Ayes - Directors Shackelford and Dailey, Mayor Villines,
Directors Priest, Benafield and Hollingsworth - total 6; Noes - None;
Absent - Director Bussey - total 1. The Ordinance was then declared
'
PASSED.
33ti
November 21, 1989, Cont'd.
Consideration was given to Ordinance No. 15,781, described as:
AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 22 OF THE LITTLE ROCK
CODE OF ORDINANCES, ARKANSAS MUSEUM OF SCIENCE AND HISTORY;
(Section 22 -139 - Deleting 'to be located along the Arkansas River at
the foot of Rock Street'; and Section 22 -136 - Trustees shall be
elected to serve 4 year terms instead of 2 year terms.)
with there being a first reading of the Ordinance. There was a motion
by Director Priest, seconded by Director Dailey, to suspend the rules
and place the Ordinance on second reading. 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. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Dailey and
Shackelford, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being six in number and two -
thirdsor more of the members of the Board of Directors - elect, and the
third and last reading of the Ordinance ensued. The Aye and No Vote
taken on the question, Shall the Ordinance Pass, is recorded as
follows: Ayes - Directors Shackelford and Dailey, Mayor Villines, '
Directors Priest, Benafield and Hollingsworth - total 6; Noes - None;
Absent - Director Hussey - total 1. Therefore, the Ordinance was
declared PASSED.
The next presentation was a proposed Ordinance, entitled:
AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF
LITTLE ROCK FOR THE PERIOD BEGINNING JANUARY It 1990, AND ENDING
DECEMBER 31, 1990; APPROPRIATING FUNDS FOR EACH AND EVERY CLASS OF
EXPENDITURE THEREIN PROVIDED; AND DECLARING AN EMERGENCY;
and the Ordinance was read the first time. A lengthy discussion
followed with Mr. Farris Hensley, spokesman for the Fraternal Order of
Police the first speaker. He introduced Mr. Bud Webb, president of
the FOP; Mr. Bernie Sherwood, president of the International
Association of Fire Fighters; and Ms. Jeanie Moore, president of the
American Federation of State, County and Municipal Employees. Mr.
Hensley read a prepared statement regarding the 1990 Budget, stressing
the importance of strengthening basic services; adding, "without those
services there can be no meaningful economic development." Mr. Webb
spoke urging the support for more police officers to alleviate crime
in the City. Ms. Moore in a prepared statement, told the Board
negotiations this year have been more adversarial than in the past and
Union Officials now see City Officials and Board Members as the
"enemy." She urged the Board not to approve the proposed cuts
recommended in next year's budget and not to cut employee health
insurance benefits. '
Director Bussey was enrolled.
Mr. Sherwood stated the firefighters are greatly concerned with the
proposed cut of nine firefighters from the proposed budget, which
makes a total of eighteen firefighters for a 58 reduction in the work
force, since the Fire Department so proudly received its "Class 2
Rating." He felt the cut will place the rating in jeopardy and urged
the Board not to approve the proposed cuts. Ms. Karen Bays, 6116
Bittersweet Drive, with Mainstream Living, and a member of the
Advisory Committee of the Central Arkansas Transit Board, addressed
the Board of Directors in strong support of an accessible para- transit
system. She requested the Board to appropriate $47,000 in funding for
Central Arkansas Transit for a para- transit rider service. Director
Hussey, speaking from the lectern, stated he was opposed to the budget
as written - the cuts that are recommended; adding, "I think something
can be done about it. If we go back and start checking, we can find
some loopholes that we haven't found - I want to see these cuts out of
the budget." Director Benafield commented that City Employees are the
City's most valuable asset and urged City and Union Officials to reach
an agreement. He stated that the City's financial crisis is real and
believes what he read in the budget is accurate. Much of the
discussion concerned the elimination of six park security employees
with the park security to be assumed by the Police Department. Upon
question by Director Hollingsworth, Police Chief Louis Caudell said
his personal feeling was that field security is a function of the
Police Department and felt that sworn police officers should be used. '
In answer to a question by Director Dailey, Chief Caudell said a
November 21, 1989, Cont'd.
lieutenant in the Police Department would be the liaison to the Parks
Department and further explained how the security duties would be
carried out by his department. In answer to Director Priest's
concerns about problems in small neighborhood parks, Chief Caudell
said he felt the Police Department could do a better job in handling
these situations. Director Shackelford expressed concerns "that we
are getting into policy decisions."
Director Bussey was excused.
The discussion continued among Board Members and Chief Caudell
regarding park security. Upon question by Director Benafield, Mr.
Julius Breckling', Director of Parks and Recreation, said it would be
difficult, but his department would find a way to cover other
functions security forces perform. Director Dailey told Mr.
Breckling, "you always have that team spirit, but do you feel fairly
comfortable with the budget as it is set up now ?" He answered, "yes,
we will do our best with what we have." Director Priest had a
question regarding the real estate position to be excluded from the
budget. Addressing the approximate $40,000,000 in real assets, she
asked "why are we cutting the real estate position ?" Mr. Earl Paul,
Assistant City Manager, said "we do have another real estate person on
the payroll of the City - the position we cut was in Human and General
Services - there is another person that is a real estate person within
the Public Works Department." He further added, "we did retain some
funds within Human and General Services to contract for miscellaneous
appraisals, etc. that we might need, but we do not feel that we could
justify $35,000 for a full time real estate officer." City Manager
Tom Dalton further explained the real estate position is somewhat like
the cable position, for the time we are going to need it, it would be
cheaper for us to contract for it, and not maintain a full time real
estate position. Mayor Villines questioned who inventories the
property we have? Mr. Paul advised that Finance maintains the
inventory of the City's physical assets. Regarding the placing of
liens on houses, Mr. Paul advised Mayor Villines if in the future, he
could justify a full time position, he would ask the Board for the
money, but at this point he could not do it. Referring to the other
real estate person on the payroll, Director Shackelford asked, "doing
what ?" Mr. Paul responded, "I believe doing work relative to capital
projects." Assistant City Manager Charles Nickerson further explained
the position is for right -of -way acquisitions for the Fourche Project.
Director Shackelford said the whole budget process was getting very
frustrating, adding; "I guess you're just not selling me and that's
all I'm going to say about this budget tonight." In the final
comments, Director Benafield said there would be no miracles regarding
the budget. Director Dailey noted that next year is not going to be
easy either and it might be important early in 1990 to discuss
expenditures. A motion then followed from Director Dailey, seconded
by Director Benafield, that the rules be suspended and the Ordinance
be placed on second reading. A roll call vote was taken with the
response being: Ayes - Directors Benafield and Dailey; Noes -
Director Shackelford, Mayor Villines, Directors Priest and
Hollingsworth - total 4; Absent - Director Hussey - total 1.
Therefore, the Ordinance remained on the calendar for second reading.
The last matter to be considered was Resolution No. 8,231,
containing the following caption:
A RESOLUTION TO RATIFY THE NOMINATION AND APPOINTMENT OF GARY
WAYNE VILLINES, M.D., TO THE LITTLE ROCK AMBULANCE AUTHORITY BOARD;
(Little Rock, Arkansas, Emergency Medical Health Care Facilities
Board)
with the Resolution being read in its entirety. A motion was made by
Director Dailey and seconded by Director Benafield, that the
Resolution be adopted. The Resolution was adopted by voice vote of
the Board Members present.
333
334
November 21, 1989, Cont'd.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 8:10 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, December 5,
1989, at 6:00 o'clock P. M.
ATTEST: (((( //// +-4,,,
City Clerk Jane Czech
APPROVED: 4Y x`V,�,l x
Mayor Floyd G. Villines, III
335
Board of Directors Chamber
Little Rock, Arkansas
December 5, 1989 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech was present and called the roll with the following
Directors in attendance: Directors Priest, Benafield, Hollingsworth,
Shackelford and Dailey - total 5; Absent - Director Hussey - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Director Dailey.
The first presentation was the Consent Agenda consisting of the
following items:
' (a)
Directors
(b)
1989, to
Avenue, f
District.
The reading of the Minutes of
Meeting held November 21, 1989.
A Motion to set the date for public
consider Zoning Appeal (Z- 4627 -A)
rom "C -3" General Commercial Distric
(c) Resolution No. 8,232, entitled:
the previous Board of
hearing on December 19,
to rezone 7214 Asher
t to "C -4" Open Display
RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS
AND AWARD A CONTRACT FOR THE PURCHASE OF A COLD FEED SYSTEM FOR THE
DEPARTMENT OF PUBLIC WORKS ASPHALT PLANT. (Contract to Clark
Machinery Company - not to exceed $59,065)
(d) Resolution No. 8,233, appearing on the Agenda as Item G -6,
and considered in the Consent Agenda, described as:
A RESOLUTION APPROVING THE INSTALLATION OF A 12 INCH
(12 ") WATER MAIN EXTENSION TO CONNECT THE WILDWOOD CENTER FOR THE
PERFORMING ARTS TO EXISTING WATER MAINS WITHIN THE CITY OF LITTLE
ROCK, ARKANSAS.
By a motion from Director Shackelford, seconded by Director Dailey,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
November 21, 1989, Board of Directors Meeting, were approved as
written and summarized to the Board of Directors; (b) Motion was made
and adopted to set the date for public hearing on December 19, 1989,
to consider Zoning Appeal Z- 4627 -A, to rezone 7214 Asher Avenue, from
"C -3" General Commercial to "C -4" Open Display District; and (c and d)
Resolutions No. 8,232 and 8,233 were read in full and unanimously
adopted by members of the Board of Directors present.
At this point in the meeting, Mayor Villines introduced Ms. Linda
Brown, Drug Coordinator for the Little Rock School District, who
explained the program in the schools of "kids helping kids" to remain
drug free. They are trained in communication and suicide prevention
skills, and sign contracts saying they will remain drug free. Mayor
Villines then presented "Certificates of Appreciation" to "The Tribe"
- Hall High School; "Tails" - Central High School; "Pride" - McClellan
High School; "The Eagles Nest" - .Forest Heights Junior High School;
"Peer Facilitators" - Mann Junior High School; "Positively Motivated
Teens" - Pulaski Heights Junior High School; "The Mustang Corral" -
Southwest Junior High School; "Peer Facilitation Group" - Henderson
Junior High School; and "Peer Facilitation Group" - Cloverdale Junior
High School.
At the time allotted for Citizen Communications, Mr. Murray
McKinsey, 3401 Fair Park Boulevard, Apartment G -201, spoke regarding
the pedestrian crosswalk at 32nd and Fair Park Boulevard. City
Manager Tom Dalton stated the crosswalk was studied and that he would
provide the Directors with a copy of the report. Mr. McKinsey said he
was advised a new crosswalk would be constructed, but so far, nothing
' has been done. Mayor Villines requested that Mr. Mike Batie, Director
133,;
December 5, 1989, Cont'd.
of Public Works provide the Board Members with a time table on the
project.
Ms. Susan Boon, President of the Downtown Neighborhood
Association in the Quapaw District, was present to express "thanks"
for the upcoming budget which she said includes sewers and sidewalks
on East 17th Street between Main Street and Rockefeller School, and
expansion for parking and other work at Dunbar. Upon question by
Board Members, City Manager Tom Dalton advised these items will be in
a list being provided to Directors at next Wednesday's Agenda Session.
Director Bussey was enrolled.
A public hearing had been scheduled for this time and placed on
the appeal by Mr. and Mrs. Charles E. Bowers of a conditional use
permit for operation of a day care center at 30 Warren Road, which was
denied by the Planning Commission on September 19, 1989. Mayor
Villines declared the hearing open with Attorney Wendell L. Griffen,
representing the applicants, speaking first. He explained that the
property consists of a large lot containing almost 1 1/2 acres, with a
6' fence around it. He further stated the building is heated and
cooled so the children will not have to play outside and disturb the
neighbors. His clients have agreed to limit enrollment to 25 pre-
school children only, and be open from 6:30 A. M. to 6:00 P. M. Mr.
'
Tommy Crow, 26 Warren Drive, next door to the day care, said "we don't
need this in our neighborhood" and referred to a petition with 101
signatures. Mr. Jim Lawson, Director of Comprehensive Planning, made
a presentation regarding land use and zoning rather than the issuance
of a building permit which the Bowers obtained. Vice Mayor Priest
asked upon what basis were the owners issued a building permit? Mr.
Lawson responded by referring to a day care privilege license.
Director Bussey commented that the City is responsible because a
building permit was issued; that there needs to be an agreement
reached - that these people don't need to suffer. Mrs. Bowers, the
applicant, said the property is a non - conforming use with a wood
privacy fence around it. Director Shackelford said the issue before
the Board is strictly a land use issue. Director Dailey stated he
sees two issues: (1) Land Use; (2) The City's responsibility - if we
have made a mistake; adding, "I would favor some kind of support if
there was a wrong." Mr. Gary Manion, 9915 warren Road; Mr. C. E.
Higginbotham, 25 Warren Drive; and Mr. James S. Young, 24 Valley
Drive, spoke in strong opposition to the conditional use. Ms. JoAnn
Green, 6517 Elmore Road and Ms. Bobbie Ficklin, 6705 Elmore Road,
spoke for the day care. The public hearing was declared closed and a
motion followed by Director Priest, seconded by Director
Hollingsworth, that "the action of the Planning Commission in denying
the conditional use be affirmed." The motion was adopted by the
following vote: Ayes - Director Dailey, Mayor Villines, Directors
Priest, Benafield and Hollingsworth - total 5; Noes - Director Bussey
- total 1; Abstentions - Director Shackelford - total 1; Absent -
None. A subsequent motion was then made by Director Bussey and
'
seconded by Director Shackelford, that "the Bowers be reimbursed for
their expenses for this project." The response is recorded as
follows: Ayes - Directors Bussey and Shackelford - total 2; Noes -
Director Dailey, Mayor Villines, Directors Priest, Benafield and
Hollingsworth - total 5; Absent - None.
At 7:49 o'clock P. M., Mayor Villines announced that there would
be a ten minutes recess.
when the Board of Directors reconvened at 8:00 o'clock P. M.,
Mayor Villines presided with the following Directors answering roll
call: Directors Priest, Benafield, Hollingsworth, Bussey, Shackelford
and Dailey - total 6; Absent - None.
A presentation was made by Mr. Jim Lawson, Director of
Comprehensive Planning, in which he displayed maps and gave an
overview of an amendment to the Northwest Land Use Plan, from single -
family to neighborhood commercial and public institutional districts,
south of Highway 10 at Highway 300. Also, the presentation included
establishment of zoning districts in the area located north of Kanis
and Denny Roads in Western Pulaski County which is outside of, but
within three miles of the corporate limits, to make the City's
Comprehensive Zoning Regulations applicable thereto. Mr. Lawson
pointed out some fifteen businesses that are non - conforming uses and
said they have not been zoned as a commercial use, and the staff feels
this is a land use question, and there are some concerns here because
'
it is outside the City Limits. Mr. Lawson said some property owners
JtJ7
December 5, 1989, Cont'd.
along Highway 10 are scurrying to establish businesses now so that
they can gain a non - conforming use status without going through the
rezoning process, and he recommended imposing the residential zoning.
Attorney David P. Henry, representing eight property owners in the
Stone Market Area along Highway 10, was the first speaker. Mr. Henry
referred to the area as a business district and argued in favor of
commercial zoning. The problem with giving the existing businesses a
residential classification is that the businesses become non-
conforming uses, and under non - conforming status, expansions are
prohibited, he said. Mr. Henry further stated that such status zones
many businesses out of existence and fosters dilapidation because
owners can't make improvements. It was his opinion that commercial
zoning leads to better redevelopment and reminded that banks are
reluctant to lend money to non - conforming business owners. Mr. Henry
also contended that State Act 56 of 1987 permitting zoning authority
outside the city limits might be unconstitutional. Board Members had
concerns about issues mentioned by Mr. Henry, especially the creation
of more non - conforming uses. In order to allow more time for
consideration, the following two Ordinances were presented for first
reading and it was agreed to leave them on the calendar for second
reading December 19th. The first proposed Ordinance appearing on the
Agenda was entitled:
PLAN 11 FAMILY FAMILYOF HIGHWAY OROHOOD HIGHWAY AL (NC)E AND PUBLIC USE
TUTIONAL II(PI )
and the proposed Ordinance was read the first time. There was no
motion for suspension of the rules; therefore, the proposed Ordinance
remained on the calendar for second reading.
The other proposed Ordinance was presented, with the title being:
AN ORDINANCE TO ESTABLISH ZONING DISTRICTS IN THE AREA LOCATED
NORTH OF KANIS AND DENNY ROADS IN WESTERN PULASKI COUNTY WHICH IS
OUTSIDE OF BUT WITHIN THREE MILES OF THE CORPORATE LIMITS OF THE CITY
OF LITTLE ROCK, TO MAKE THE CITY'S COMPREHENSIVE ZONING REGULATIONS
APPLICABLE THERETO, AND DECLARING AN EMERGENCY;
with there being a first reading of the Ordinance. A motion was not
made for suspension of the rules and the proposed Ordinance remained
on the calendar for second reading.
Consideration was then given to Ordinance No. 15,782, containing
the following caption:
AN ORDINNCE AMENDING THE MEMBERSHIP REQUIREMENTS OF THE LITTLE
ROCK PLNNING COMMISSION FOUND IN SECTION 23 -27 OF THE LITTLE ROCK
CITY CODE REVISED, 1988;
(Members shall be residents of the City or residents residing within
the City's planning jurisdiction.)
and after a first reading of the Ordinance, there was a motion by
Director Bussey, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion again made by Director Bussey and
seconded by Director Shackelford, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being seven 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
is recorded as follows: Ayes - Director Dailey, Mayor Villines,
Directors Priest, Benafield, Hollingsworth, Bussey and Shackelford -
total 7; Noes - None; Absent - None. It was then announced that the
Ordinance had PASSED.
The last matter to be considered was Ordinance No. 15,783,
entitled:
AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF
LITTLE ROCK FOR THE PERIOD BEGINNING JANUARY 1, 1990, AND ENDING
' DECEMBER 31, 1990; APPROPRIATING FUNDS FOR EACH AND EVERY CLASS OF
EXPENDITURE THEREIN PROVIDED; AND DECLARING AN EMERGENCY;
33S
December 5'
1989, Cont'd.
with the Ordinance having been read the first time on November 21,
1989. There was a discussion among Board Members regarding the
appropriation for Central Arkansas Transit and the Central Arkansas
Paratransit appropriation, which were separate line items in the
budget. While Board Members supported the Paratransit Program, a
motion was made by Director Dailey, seconded by Director
Hollingsworth, that "the appropriation for CAT in the amount of
$1,174,771 and the $24,000 appropriation for the Paratransit Program
be combined and listed as "Central Arkansas Transit" in the 1990
Budget, in the amount of $1,198,771." The motion was unanimously
adopted by the Board Members present. The Ordinance was then read the
second time, as amended, and a motion followed by Director Priest,
seconded by Director Dailey, to suspend the rules and place the
Ordinance, as amended, on third and final reading. The motion was
adopted by members of the Board of Directors present being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. Before the Ordinance, as amended, was read the third
time, Director Bussey spoke from the podium expressing his feelings
about the budget. He proposed using economic development funds to
fund one -time capital equipment and special project costs, freeing up
those funds for general operations. Director Bussey urged the Board
to postpone, readdress, and recalculate before approving the Budget.
Director Bussey was excused.
Mr. Bernie Sherwood, President of Local 34 of the International
Association of Firefighters, asked the Board to use $1,200,000 from
the City's $5,000,000 economic development fund for a 38 raise and to
maintain current dependent insurance coverage. He feared budget cuts
would jeopardize the City's Class 2 fire rating and lead to higher
fire insurance premiums. Mr. Farris Hensley, Chief Negotiator for the
Fraternal Order of Police, read a lengthy, heated, statement leveling
charges at the City Manager and Board Members of extravagant spending.
Ms. Jean Moore, representing the American Federation of State, County
and Municipal Employees (AFSCME), reinforced Director Bussey's
statement. Mrs. Connie Durland, 10921 -B Mara Lynn Road, whose husband
is a policeman, asked the City to continue paying its current share of
employee dependent health insurance costs; adding, "if you can't take
care of us, we can't continue living here." Discussion then followed
among Board Members who agreed that this budget has been the roughest,
toughest budget cycle, with which the Board has been faced. The
Ordinance, as amended, was then read the third and last time and a
roll call vote was, taken with the response being: Ayes - Director
Dailey, Mayor Villines, Directors Priest, Benafield, Hollingsworth and
Shackelford - total 6; Noes - None; Absent - Director Bussey - total
1.
The Emergency Clause contained in Section 13 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Director Dailey, Mayor Villines, Directors Priest, Benafield,
Hollingsworth and Shackelford - total 6; Noes - None; Absent -
Director Bussey - total 1. Whereupon, the Ordinance, as amended,
together with the Emergency Section, was declared PASSED.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 9:50 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, December 19,
1989, at 6:00 o'clock P. M.
ATTEST: v— APPROVED:
Cit(((y Clerk Jane Czech Mayor Floyd G. Villines, III
* * * * * * * * * *
L
u
333
Board of Directors Chamber
Little Rock, Arkansas
December. 19, 1989
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines, presiding. City
Clerk Jane Czech was present and called the roll with the following
Directors in attendance: Directors Priest, Benafield, Hollingsworth,
Shackelford and Dailey - total 5; Absent - Director Bussey - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Mayor Villines.
To begin the meeting, Mr. John Pryor, Director of Finance, and
Mr. Jack Murphy, former Director of Finance, presented the
Governmental Finance Officer's of America Distinguished Budget
' Presentation Award to the City. The award was presented for the 1989
Budget which was prepared by Mr. Murphy and Mr. Pryor, and submitted
to the Governmental Finance Officer's Association for review.
Mayor Villines introduced Mr. Timothy Pardue, Scoutmaster, and
several members of Boy Scout Troop No. 12 of Pulaski Heights Methodist
Church, who were present to observe the Board Meeting.
The first matter to be considered was the Consent Agenda
consisting of the following items:
(a) The reading of the Minutes of the previous meeting held
December 5, 1989.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of October, 1989.
(c) Resolution No. 8,234, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE NECESSARY DOCUMENTS TO RELINQUISH ANY RIGHTS TO A SEWER
EASEMENT LOCATED ON LOTS 33 AND 34 OF SOUTHERN HILLS SUBDIVISION
WITHIN THE CITY OF LITTLE ROCK, ARKANSAS.
(d) Resolution No. 8,235, with the title being:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE NECESSARY DOCUMENTS TO RELINQUISH ANY RIGHTS TO A SEWER
EASEMENT LOCATED ON NICKELL STREET AND STACY (FARRIS) STREET IN THE
CITY OF LITTLE ROCK, ARKANSAS.
(e) Resolution No. 8,236, described as:
A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FROM
THE 1988 CAPITAL IMPROVEMENT BOND PROJECT FOR THE SOUTH MAIN STREET
IMPROVEMENT PROJECT (QUAPAW CENTRAL BUSINESS IMPROVEMENT DISTRICT NO.
5). ($300,000 for street improvements and $133,000 for traffic
signals.)
(f) Resolution No. 8,237, containing the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH CRANFORD, JOHNSON AND ROBINSON TO PROVIDE ADVERTISING
SERVICES TO THE LITTLE ROCK ARTS AND HUMANITIES PROMOTION COMMISSION.
(Contract amount - $30,000)
(g) Resolution No. 8,238, appearing on the Agenda as Item F -7,
and considered in the Consent Agenda, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH TOWNSHIP BUILDERS FOR THE RECONSTRUCTION OF MAIN
STREET BETWEEN 3RD STREET AND 7TH STREET AND ON CAPITOL AVENUE BETWEEN
MAIN STREET AND SCOTT STREET. (Contract not to exceed $1,215,787.70)
IIII By a motion from Director Priest, seconded by Director Dailey, which
1 was adopted by unanimous vote of the Board Members present, the
340
December 19, 1989. Cont'd.
Consent Agenda was dispensed with as follows: (a) The Minutes of the
December 5, 1989, Board of Directors Meeting, were approved as written
and summarized to the Board of Directors; (b) The Comparative
Statement of Income Account of the Little Rock Municipal Water Works
for the month of October, 1989, was received and filed; and (c, d, e,
f and g) Resolutions No. 8,234, 8,235, 81236, 8,237 and 81238, were
read in full and unanimously adopted by members of the Board of
Directors present.
At the time allotted for Citizen Communications, Mr. Scott
Williams, 1023 South Monroe Street, suggested to the Board that fences
be constructed around the City owned parks to make them more secure
and prevent vandalism.
Considerationywas then given to Zoning Application Z- 3731 -B filed
by Eldo Properties, Inc., to rezone part of Tract D -2A Replat,
Riverdale Addition (long legal description), from "MF -18 "" Multi- family
to "0-2" Office and Institutional and from "0-2" Office and
Institutional to "MF -18" Multi- family District, which was approved by
the Planning Commission. No opposition was presented to the
reclassification and Ordinance No. 15,784 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- 3731 -B - Tract D -2A Replat Riverdale Addition, from "MF -18" to '0-
2' and from 10-2" to BMF -18" Districts.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Dailey, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Dailey that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Priest seconded the motion which was adopted by unanimous vote of the
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 ensued, followed by an Aye and
No Vote taken on ^passage.bf. the. Ordinance, with the results recorded
as follows: Ayes - Mayor IV Hines, Directors Priest,: BenafieId,
Hollingsworth, Shackelford and Dailey - total 6; Noes - kone; Absent
- Director Bussey - total 1. The Ordinance was then declared PASSED.
The next presentation was Zoning Application Z -5238, filed by
Carroll G. Strickland with title to the property vested in Evah
Michael. The application requested the reclassification of 9104 Geyer
Springs Road (long legal description), from "R -2" Single - family
District to "0 -3" General Office District. The Planning Commission
approved the zoning change on November 14, 1989. No one opposed the
reclassification and Ordinance No. 15,785 was presented, containing
the following caption:
C ��
�s41
December 19, 1989, Cont'd.
AN ORDINANCE RECLASSIFYING PPE
RORTY 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 -5238 - to rezone 9104 Geyer Springs Road, from "R -2" Single - family
to "0-3" General Office District.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. 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. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Dailey and
Priest, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being six in number and two -
thirds'or more ;oi the members'of the Board of Directors - elect, and the
third and "last "reading of the Ordinance ensued. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Mayor Villines, Directors Priest, Benafield, Hollingsworth,
Shackelford and Dailey - total 6; Noes - None; Absent - Director
' Bussey - total 1. Whereupon, the Ordinance was declared PASSED.
The next presentation was Zoning Application Z -5252 to rezone
2608 South Maple Street, described as Lot 3, Block 9, R. C. Butler's
Addition, from "R -3" Single - family District to "C -1" Neighborhood
Commercial District. The application was filed by Lynton Egbosimba
and received approval of the Planning Commission on November 14, 1989.
No opposition was presented to the reclassification and Ordinance No.
15,786 was introduced, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5252 - To rezone 2608 South Maple Street, from "R -3" Single - family
to "C -1" Neighborhood Commercial District.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. 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;_'and'.'the second reading of the Ordinance ensued. A
subsequent' mot ion was made by Director Dailey, seconded by Director
Priest, to further suspend the rules and place the Ordinance on third
and final reading. 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. There was a
third and final reading of the Ordinance after which an Aye and No
Vote was taken on the question, Shall the Ordinance Pass, with the
results recorded as follows: Ayes - Mayor Villines, Directors Priest,
Benafield, Hollingsworth, Shackelford and Dailey - total 6; Noes -
None; Absent - Director Bussey - total 1. Therefore, the Ordinance
was declared PASSED.
Zoning Application Z -5255 from David Monkus and Virgil Smith was
the next presentation. The application to rezone 11010 I -30 (long
legal description), from "R -2" Single - family District to "C -4" Open
Display District, was approved by the Planning Commission on November
14, 1989. No opposition to the rezoning was presented and Ordinance
No. 15,787 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;
(Z -5255 - To rezone 11010 I -30, from "R -2" to "C -4" District.)
with 'the `'Ordinance 'being read the first time, followed by a motion
from'Director'Priest to suspend` the rules and place the Ordinance on
second reading:' The motion was seconded by Director Dailey and
adopted by unanimous vote of the Board Members present, being six in
number and two - thirds or more of the members of the Board of
' III Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Dailey and Priest,
11111342
December 19, 1989, Cont'd.
respectively, and unanimously adopted by the Board Members present,
I
being six 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, there was an Aye and No Vote taken on the question,
_Shall
the „Oxd�pzgice, Pass, ,with the _0results- recorded as - follows: Ayes-
Mayor Viliines, Directors Priest, ...Benafield, Hollingsworth,
Shackelford and Dailey - total 6; Noes - None; Absent - Director
Bussey, - total 1. Mayor Villines then announced that the Ordinance
had PASSED.
Zoning Application Z -5256 from Mike Jones for W. A. Jones, Inc.
was introduced next. The application to rezone 7.66 acres located at
11701 Stagecoach Road, from "R -2” Single - family District to "R -7"
Mobile Home Park, was approved by the Planning Commission on November
14, 1989. No opposition to the rezoning was presented and Ordinance
No. 15,788 was considered, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5256 - To rezone 11701 Stagecoach Road, from "R -2" Single - family
District to "R -7" Mobile Home Park.)
with the Ordinance being read the first time. The rules _were .then
'
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Dailey, which 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.. Upon second reading of the Ordinance, there was a
subsequent motion by Director Dailey that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Priest,seconded the motion which,.was- adopted by unanimous vote of the
member -`s 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 ensued, followed by an Aye and
No Vote taken on passage of the Ordinance, with the response being:
Ayes - Mayor Villines, Directors Priest, Benafield, Hollingsworth,
Shackelford and Dailey - total-' 6; Noes - None; Absent - Director
Bussey - total 1. The Ordinance was then declared PASSED.
Introduced next was Ordinance No. 15,789, containing the
following caption:
AN ORDINANCE AMENDING CHAPTER 17, ARTICLE II, SECTION 17 -52 (33)
OF THE LITTLE ROCK CITY CODE, 1988, PERTAINING TO LICENSE AND
PRIVILEGE TAXES;
(Re: (33) Long -term Leasing and Short -term Rental - Automobiles and
Trucks.)
'
and there was a first reading of the Ordinance, followed by a motion
from Director Priest for suspension of the rules and the placing of
the Ordinance on second reading. The motion was seconded by Director
Dailey, and 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 second reading of the Ordinance
followed,,,with.a- motion being made by Director Dailey and seconded by
Di.rector.P,r- iest,; to further.,suspend the rules and place the Ordinance
oR..thir-d ,and ,final; ,reading'..- With the motion having been 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, the Ordinance was read the third and last time. The
resulting Aye and No Vote taken on passage of the Ordinance is herein
recorded as follows: Ayes - Mayor Villines, Directors Priest,
Benafield, Hollingsworth, Shackelford and Dailey - total 6; Noes -
None; Absent - Director Bussey - total 1.
The Emergency Clause contained in Section 2 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Mayor Villines, Directors Priest, Benafield, Hollingsworth,
Shackelford and Dailey - total 6; Noes - None; Absent - Director
Bussey - total 1. Whereupon, the Ordinance, together with the
Emergency Section, was declared PASSED.
343
December 19, 1989, Cont'd.
Ordinance No. 15,790 was the next presentation, with the title
being:
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;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. 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, and the second reading of the Ordinance ensued. A
subsequent motion was made by Director Dailey, seconded by Director
Priest, to further suspend the rules and place the Ordinance on third
and final reading. 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. There was a
third and final reading of the Ordinance after which an Aye and No
Vote was taken on the question, Shall the Ordinance Pass, with the
III response being: Ayes - Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Shackelford and Dailey - total 6; Noes - None; Absent
Director Bussey - 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 - Mayor Villines, Directors Priest, Benafield, Hollingsworth,
Shackelford and Dailey - total 6; Noes - None; Absent - Director
Bussey - total 1. Therefore, the Ordinance, together with the
Emergency Section, was then declared PASSED.
Consideration was then given to Ordinance No. 15,791, described
as:
A ORDINANCE GRANTING A FRANCHISE TO CALVARY BAPTIST CHURCH TO USE
THE AIR SPACE ABOVE PART OF THE RIGHT -OF -WAY OVER "R" STREET FOR THE
PURPOSE.OF CONSTRUCTION OF AN ENCLOSED SKYWALK;
and said. Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Dailey, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the 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 a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion being made by Director Dailey, seconded by Director Priest, and
' 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. The Ordinance was read the third and last time,
and there was an Aye and No Vote taken on the question, Shall the
Ordinance Pass, with the results recorded as follows: Ayes - Mayor
Villines, Directors Priest, Benafield, Hollingsworth, Shackelford and
Dailey - total 6; Noes - None; Absent - Director Bussey - total 1.
It was announced that the Ordinance had PASSED.
A proposed Ordinance was the next presentation, containing the
following caption:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5258 - To rezone 2.8 acres located at 12210 West Markham Street,
from "0-3" General Office District to "C -2" Shopping Center District,
which was approved by the Planning Commission on November 14, 1989.)
and the proposed Ordinance was read the first time. Director Dailey
had several questions regarding the contiguous property which is owned
by the City, and whether there is a reversion clause with the
property. Mr. Jim Lawson, Director of the Department of Comprehensive
Planning, stated the land referred to is shown on the map as "R -2"
Single - family, and he has not found any reversion provisions.
Director Dailey suggested that the proposed Ordinance be delayed until
the next meeting in order to obtain more information. Mr. Joe D.
White, agent for Mr. A. Dan Phillips and Mr. James Hall, also asked
344
December 19, 1989, Cont'd.
that the'proposal•be- deferred for two weeks. Therefore, the proposed
Ordinance remained on the calendar for second reading at the next
meeting.
The last matter to be considered was Resolution No. 88239, with
the title being: I
A RESOLUTION TO AUTHORIZE THE AGREEMENT BETWEEN THE CITY OF
LITTLE ROCK AND OTHER CITIES PARTICIPATING IN THE CENTRAL ARKANSAS
TRANSIT AUTHORITY; (Extending the existing agreement for a period of
sixty days ending March 1, 1990.)
(Note: The Resolution did not appear on the Agenda, but was
considered at the request of City Manager Tom Dalton.)
and there was a complete reading of the Resolution. Mr. Dalton
explained that the current agreement between the City of Little Rock
and other government entities would expire December 31, 1989. He said
that unless - the cities and the county take action to re -enact the
agreement, the Authority's Board will cease to exist at the end of the
year. In the discussion that followed, several questions were
discussed such as: (1) Little Rock's representation on the Authority
Board; (2) the possibility of bus drivers becoming public employees to
save on liability costs; and (3) consideration of the current funding
formula. Director Benafield said, "I think this is a very serious
matter and we may need to take a real serious look at the terms of the
agreement -." --Mayor- Vi- 111nes was .aware of-the problem.with the expiring
interlocal—agreement;-but said he didn't realize until recently the
Board needed�to take affirmative action to prevent dissolution of the
Authority. Following the discussion,.Mr. Dalton recommended that the
agreement be extended for sixty days ending midnight March 1, 1990, in
order to consider the terms and conditions of the interlocal
government and to prevent dissolution of the Authority Board. A
motion was then made by Director Priest and seconded by Director
Shackelford, that the Resolution be adopted. Mayor Villines called
for a voice vote and the Resolution was unanimously adopted by the
Board Members present.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 6:40 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, January 2,
1990, at 6:00 o'clock P. M.
ATTEST: ' " "� (/ � APPROVED: 512,AU6CX o lam'
City -Clerk Jane Czech Mayor Floyd G. Villines, III
* * * * * * * * * * * *
Board of Directors Chamber
Little Rock, Arkansas
January 2, 1990
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech was present and called the roll with the following
Directors in attendance: Directors Priest, Benafield and
Hollingsworth - total 3; Absent - Directors Bussey, Shackelford and
Dailey - total 3.
Mayor Villines announced that a quorum was present and the
proceedings of the meeting are recorded as follows.
The Invocation was given by Assistant Mayor Priest.
The Consent Agenda was the first presentation, consisting of the
following items:
(a) The reading of the Minutes of the previous Board Meeting
held December 19, 1989.
(b) The Audit Report of the Oakland - Fraternal Cemetery for the
period ended October 31, 1989.
(c) A Motion to set the date for public hearing on January 16,
1990, to consider the Zoning Appeal (Z- 4627 -A) to rezone 7214 Asher
Avenue, from "C -3" General Commercial District to "C -4" Open Display
District.
(d) Resolution No. 8,240, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE THE EAST 105 FEET OF "W" STREET, IN
BELLEVUE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public
Hearing date to be January 16, 1990.)
(e) Resolution No. 8,241, with the title being:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE AN UNNAMED STREET BETWEEN BLOCK 27 AND
32, C. O. BRACK'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS.
(Public Hearing date scheduled for January 16, 1990.) (Note: Notice
of hearing was not published due to issues involving right -of -way,
until further notice by the Department of Comprehensive Planning.)
(f) Resolution No. 8,242, described as:
RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS
AND AWARD CONTRACTS FOR THE PURCHASE OF ROCK SALT FOR THE DEPARTMENT
OF PUBLIC WORKS; PURCHASE OF TIRES AND TUBES, AND THE REFURBISHMENT OF
7 SEDANS FOR THE DEPARTMENT OF HUMAN AND GENERAL SERVICES /FLEET
SERVICES.
By motion from Director Priest, seconded by Director Benafield, 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 meeting held January 19, 1990, were approved as written and
summarized to members of the Board of Directors; (b) The Audit Report
of the Oakland - Fraternal Cemetery for the period ended October 31,
1989, was received and filed; (c) Motion was adopted to set the date
for public hearing on January 16, 1990, to consider the Zoning Appeal
to rezone 7214 Asher Avenue, from "C -3" General Commercial to "C -4"
Open Display District; and (d, e, and f) Resolutions No. 8,240, 8,241
and 8,242, were read in full and adopted by unanimous voice vote of
the Board Members present.
At the time allotted for Citizen Communications, Mrs. Connie
Durland, 10921 -B Mara Lynn Road, wife of a Little Rock Policeman,
again made a plea to the Board asking them to extend the 1989 police
contracts so health benefits could continue unchanged. The contracts
expired December 31, 1989. She also asked the Board to reconsider
it's approval of. the City's 1990 Budget and order City negotiators to
U45
346
January 2, 1990, Cont'd.
continue talks. In her closing comment she said the Board had ignored
her earlier ree r
respond directly when you talk doesn't mean h we don't
because we don't
respond."
The next presentation was a proposed Ordinance, entitled:
AN ORDINANCE ESTABLISHING A FEE SCHEDULE FOR THE REVIEW AND
APPROVAL OF ENGINEERING PLANS AND THE INSPECTION OF IMPROVEMENTS TO BE
CONSTRUCTED IN THE PUBLIC RIGHTS -OF -WAY AND SITE IMPROVEMENTS NOT
OTHERWISE PERMITTED BY BUILDING PERMIT FEES, AND FOR OTHER PURPOSES;
and there was a first reading of the Ordinance. Only four Board
Members were present at the meeting; therefore, the rules could not be
suspended for second and third readings and the proposed Ordinance
remained on the calendar for second reading on January 16, 1990.
The last matter to be considered was another proposed Ordinance,
with the title being:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROPRIATE $36,376
FROM THE UNAPPROPRIATED BALANCE OF THE 1977 CAPITAL IMPROVEMENT FUND
FOR RIGHT -OF -WAY AND UTILITY ADJUSTMENTS FOR THE BASELINE ROAD - CHICOT
ROAD INTERSECTION IMPROVEMENT PROJECT;
with the proposed Ordinance being read the first time. With only four
Board Members present, there was no motion for suspension of the rules
and the proposed Ordinance remained on the calendar for second reading
on January 16, 1990.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 6:22 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, January 16,
1990, at 6:00 o'clock P. M.
ATTEST: /�b�'� 44V APPROVED:
v or FlYoy vviTlines, III
City Clerk Jane Czech May y
* * * * * * * * * *
I
I
Board of Directors Chamber
L'ittlb Rock, Arkansas
January 16; 1990 = 6':00 P. M:
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth, Bussey, Shackelford and
Dailey - total 6; Absent - None.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Director Benafield.
Mayor Villines announced that Items 14 and 15 appearing on the
Agenda as an "Ordinance amending the Highway 10 and Northwest
Extraterritorial Land Use Plans west of John Ranch Road ", and an
"Ordinance to establish zoning districts in the area located north of
Kanis and Denny Roads in Western Pulaski County which is outside of,
but within three miles of the corporate limits of the City of Little
Rock, to make the City's Comprehensive Zoning Regulations applicable
thereto", respectively, were being deferred for two weeks and would
not be considered at this time. Attorney David Henry representing
property owners in the area of Stone's Market, advised that the Jim
Wright's Welding property was being withdrawn without prejudice; from
the proposed Ordinances.
The first presentation was the Consent Agenda, consisting of the
following items:
(a) The approval of the Minutes of the previous meeting held
January 2, 1990. a
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of November, 1989:" -
(c) Resolution No. 8,243, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
NECESSARY DOCUMENTS TO RELINQUISH ANY RIGHTS TO A PORTION OF A -SEWER
EASEMENT ON PROPERTY LOCATED WITHIN THE CITY OF LITTLE ROCK, ARKANSAS.,
(North 6.0 feet of the South 35.0 feet of Lot 153, Pleasant Forest''I'I
Addition to the City of Little Rock.)
(d) Resolution No. 8,244, with the title being:
'
A RESOLUTION STATING THE CITY OF LITTLE ROCK'S INTEREST IN
PARTICIPATION IN THE ARKANSAS ENTERPRISE ZONE PROGRAM AND DESIGNATION
OF CERTAIN ENTERPRISE ZONES IN LITTLE ROCK; AND OTHER PROVISIONS
RELATED THERETO.
(e) Resolution No. 8,245;'de18`tibdd'As:
' A - RESOLUTION -OF,,THE BOARD`OF.DIRECTORS'�OF 'THE,CITY OF -LITTLE ROCK
CERTIFYING'L'OCAL� GOVERNMENT ENDORSEMENT OF CECO- WINDSOR DOOR;'' INC ., TO
PARTICIPATE- IN 'THE 1 ARKANSAS ENTERPRISE 1'ZONE ' PROGRAM'. (Located -at
10005 Colonel Glenn Road) :I�r,i ;i ,.
(f) Resolution No. 8,246, containing the following caption:
A RESOLUTION PROVIDING FOR THE INSTALLATION OF FIRE HYDRANTS
WITHIN THE CITY OF LITTLE ROCK FOR THE YEAR 1990;' AND:'FOR OTHER
PURPOSES. (Pursuant to the Trust Indenture between the City of Little
Rock and Morgan Guaranty Trust Company of New York, dated February 1,
1964.)
th
3 a8
January 16, 1990, Cont'd.
(g) Resolution No. 8,247, entitled:
RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD
ANNUAL CONTRACTS FOR LEGAL ADVERTISING FOR VARIOUS CITY DEPARTMENTS;
PURCHASE OF COMPUTER PAPER AND MAINTENANCE OF NCR EQUIPMENT FOR THE
OFFICE OF MANAGEMENT SUPPORT; TIRE RETREADING AND SECURITY SERVICE FOR
THE MAINTENANCE COMPLEX OF THE DEPARTMENT OF HUMAN AND GENERAL
SERVICE /FLEET SERVICES DIVISION. (Contracts to Arkansas Democrat;
Moore Business Forms; NCR Corporation; Fleet Tire Service; and B & J
Security.)
(h) Resolution No. 8,248, with the title being:
A RESOLUTION AMENDING RESOLUTION'NO. 81137 AUTHORIZING THE LITTLE
ROCK FIRE DEPARTMENT TO PROVIDE FIRE SERVICE FOR ONE YEAR TO CERTAIN
BUSINESSES OUTSIDE THE CITY OF LITTLE ROCK. (Wildwood Park, 20919
Denny Road)
W Motion to expunge the record on the first reading of the
Ordinance to amend the Northwest Land Use Plan from Single - family to
Neighborhood Commercial (NC) and Public institutional (PI), south of
Highway 10 at Highway 300. (First reading occurred December 5, 1989.)
(j) Motion to expunge the record on the first reading of the
Ordinance to establish zoning districts in the area located north of
Kanis and Denny Roads in Western Pulaski County which is outside of,
but within three miles of the corporate limits of the City of Little
Rock, to make the City's Comprehensive Zoning Regulations applicable
thereto; Declaring an Emergency. (First reading occurred on December
5, 1989.)
By motion from Director Priest, seconded by Director Shackelford,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held January 2, 1990, were approved as`writteh and
summarized 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 November, 1989, was received and filed;
(c, d, e, f, g, and h) Resolutions No. 8,243, 8,244, 8,245, 8,246,
8,247 and 8,248 were read in full and unanimously adopted by the Board
Members present; and (i & j) Motions were made and adopted to
expunge the record on the first reading of the proposed Ordinances
regarding Highway 10.
At the time allotted for Citizen Communications, Mr. Gary R.
Hogan, 5106 Candlewick Lane, North Little Rock, thanked the Board
Members for their support of the University of Arkansas at Little Rock
Athletic Program and advised that artificial turf had been installed
at Curran Conway Ball Field.
Mrs. Lisa Evridge, 11121 Legion Hut Road, #38, an FOP auxiliary
member, Mrs. Debbie Gately, 1601 Green Mountain Drive, #298 -T, FOP
auxiliary president, and Mrs. Connie Durland, 10921 -B Mara Lynn Road,
a police officer's wife, again made a plea to the Board of Directors
to assist officers in getting raises and improved benefits for the
policemen. They criticized City spending and said the Police
Department does not have enough officers or proper safety equipment.
The policemen have been working without a contract since December 31,
1989. Negotiations between the Fraternal Order of Police and the City
are to resume next Tuesday, January 23rd. Mayor Villines assured that
the Board does listen and expressed hope that the renewed negotiations
would produce agreement on a new contract.
Ordinance No. 15,792 was considered next, described as:
AN ORDINANCE AMENDING THE GEYER SPRINGS EAST LAND USE PLAN IN AN
AREA GENERALLY SOUTH OF INTERSTATE 30 TO BASELINE ROAD AND WEST OF
COMMUNITY ROAD TO DOWIN DRIVE, AND OTHER MATTERS;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Bussey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion again made and seconded by Directors Priest and
Bussey, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
7
J
January 16, 1990, Cont'd.
adoption by the Board Members present, being seven 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. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Directors Benafield, Hollingsworth,` Bussey, Shackelford,
Dailey, Mayor Villines and Director Priest - .total 7;. Noes . - _None;
Absent - None. The Ordinance was then 4 declare'd -PASSED: '
Zoning Applie6tion.Z -5259 fiom'Joe"D. White for - Arkansas Electric
Cooperatives, Inc., to rezone a tract' on Baseline Road (long legal
description), from "R -2" Single - family District to "0 -3" Office and
Institutional, "I -2" Light Industrial and "OS" Open Space Districts,
was the next presentation. The Planning Commission approved the
application on November 14, 1989. No opposition to the rezoning was
presented and Ordinance No. 150793 was considered, with, the title
being:
I
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 -5259 - Tract on Baseline Road, from "R -2 Single - family to "0 -3"
Office and Institutional, "I -2" Light industrial and "OS" Open Space
Districts.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Bussey, which was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. Upon second reading of the Ordinance, there was a
subsequent motion by Director Priest that the,rbles again-be'suspended
and the Ordinance be placed on third and final reading. Director
Bussey again seconded the motion which was adopted'by unanimous vote
of the members of the Board of Directors present,.. being seven in,,.
number •and ,two= thirds- or- more of the members of the Board of
Directors - elect. ;A- -third and last- readingtof• the Ordinance ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Benafield,
Hollingsworth, Bussey, Shackelford, Dailey, Mayor Villines and
Director Priest - total 7; Noes - None; Absent - None. Mayor
Villines then announced that the Ordinance had PASSED.
Consideration was then given to Zoning Application Z -5209 filed
by Ella Holmes to rezone 219 East 25th Street, from "R -5" Urban
Residence To "0-1" Quiet Office District, which was approved by the
Planning Commission on October 3, 1989. No opposition was presented
to the rezoning and Ordinance No. 15,794 was presented, containing the
following caption:
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 -5209 - To rezone 219 East 25th Street, from "R -5" Urban Residence
to "O -1" Quiet Office District.)
with the Ordinance being read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
of the Ordinance on second reading. The motion, was seconded by
Director Busse y,= and - unanimously adopted ..by. members of the. -Board of
Directors'present, being seven' in number.'and two - thirds -or more of the*
members 'of the' Board of Directors - elect. A -second reading -of the
Ordinance followed, with a motion again being made by Director Priest
and seconded by Director Bussey, to further suspend the rules and
place the Ordinance on third and final reading. With the motion
having been unanimously adopted by members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, the Ordinance was read the third and
last time. The resulting Aye and No Vote taken on passage of the
Ordinance is herein recorded as follows: Ayes - Directors Benafield,
Hollingsworth, Bussey, Shackelford, Dailey, Mayor Villines and
Director Priest - total 7; Noes - None; Absent - None. Whereupon,
the Ordinance was declared PASSED.
II Zoning Application Z -5266 was next considered from James E.
Works, Sr., to rezone two lots on Simpson Street (long legal
description), from "R -2" Single - family District to "R -4" Two - family
349
351,E
January 16, 1990, Cont'd.
1
District. The application received the approval. of the Planning
Commission on December 12, 1989. No one was present to oppose the
rezoning and Ordinance No. 15,795 was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES -OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5266 - To rezone two lots on Simpson Street, from "R -2" Single -
family to "R -4" Two- family District.)
and said Ordinance was read the first time, followed by a motion from,,,,.
Director Priest, seconded by Director Bussey, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Priest, seconded by Director
Bussey, and unanimously adopted by members of the Board of Directors
present, being seven in number and two- thirlp .or more of, the members
of the Board of Directors - elect. The Ordinance was read the third and ,
last time, and there was an Aye and No Vote taken on passage ,,qf,, the
Ordinance, with the response being: Ayes - Directors Benafield,
Hol,lingsworth,_ _ Bussey, Shackelford, pail,ey,. Mayor,,,,,Villines. , and,,,;,
Director "Priest - total 7y _Noes. - None; Absent - None. The
Ordinance was'then 'declared PASSED. �......, j
Introduced next was Ordinance No, 15,796, described as: IM
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER,.,OF•, STREET
IMPROVEMENT REQUIREMENTS; r
(Chapter 31 -201 (H) amended to provide for a waiver of street
improvements on State Highway #365 and Simpson Street.)
and the Ordinance was read the first time. There was a motion by,.,.
Director Priest, seconded by Director Bussey, to suspend the rules and -
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors' present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. A second reading of the Ordinance followed, with a
motion being made by Director Priest, seconded by Director Bussey, to
further suspend the rules and place the Ordinance on third and final
reading. With the motion having been unanimously adopted by members
of the Board of. Directors present, being seven in number and two -
thirds or more of the members of the Board of Directors - elect,.. the
_ .._.
Ordinance was read the third and last time. The question, Shall the
Ordinance Pass, ,was _ submitted to an Aye and No ,VOte,,.which.,is,.recorded
as follows: Ayes, - ' Directors . Benafield, Hollingsworth,,: - ,Bussey,,,,,; ,
Shackelford;" "Dailey; MayorVillines, and Director Priest, total 7;,..,,
Noes - None; Absent' - "None. It was then announced that the Ordinance
had PASSED. - , C. .
Consideration as then given to Ordinance No. 15,797, with the
title being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT, AND
ESTABLISHING A PCD DISTRICT TITLED RIVER COVE OFFICE SHORT -FORM PCD
(Z- 4331 -A) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43
OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER
PURPOSES;
(Z- 4331 -A - Part of Lot 29 of Worthen's Subdivision, located at 2000,.
Cantrell Road, containing 4.62 acres, more or less.)
and after a first reading of the Ordinance, there was a- motion by
Director Priest, seconded by Director Bussey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two-thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Priest and
Bussey, respectively, to further suspend ,the, rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the rBoard Members present,,being seven in number,and two-
r
January 16, 1990, Cont'd.
thirds or more of the members of the Board of Directors - elect, and the
third and last reading of the Ordinance ensued. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Directors Benafield, Hollingsworth, Bussey, Shackelford,
Dailey, Mayor Villines and Directors Priest - total 7; Noes - None;
Absent - None. Therefore, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 15,798, containing the
following caption:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PRD DISTRICT TITLED DORCAS HOUSE SHORT -FORM PRD (Z-
3816-B) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF
THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER
PURPOSES;
(Z- 3816 -B - 1.1734 acres located at the corner of 9th and Park
Streets.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Bussey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Priest and
Bussey, respectively, to suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present, being seven 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. The Aye and No Vote taken on
passage of the Ordinance is recorded as follows: Ayes - Directors
Benafield, Hollingsworth, Bussey, Shackelford, Dailey, Mayor Villines
and Director Priest - total 7; Noes - None; Absent - None. The
Ordinance was then declared PASSED.
Ordinance No. 15,799 was the next presentation, containing the
following heading:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED AUTO MALL SHORT -FORM PCD (Z- 2245 -D)
IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE CODE
OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES;
(Z- 2245 -D - Lot 1, West Markham Land Addition to the City of Little
Rock.)
with the Ordinance being read the first time, followed by a motion
from Director Priest to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Bussey and
adopted by unanimous vote of the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors- elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Priest and Bussey,
respectively, and unanimously adopted by the Board Members present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. Following the third and final reading of
the Ordinance, there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes -
Directors Benafield, Hollingsworth, Bussey, Shackelford, Mayor
Villines and Director Priest - total 6; Noes - None; Abstentions -
Director Dailey - total 1; Absent - None. It was announced that the
Ordinance had PASSED.
Consideration was then given to Ordinance No. 15,800, entitled:
AN ORDINANCE AMENDING A PLANNED UNIT DEVELOPMENT DISTRICT TITLED
SAFEWAY "PCD" (Z- 3652 -A) IN THE CITY OF LITTLE ROCK, ARKANSAS,
AMENDING ORDINANCE NO. 14,021; AND FOR OTHER PURPOSES;
(Z- 3652 -A - Modifying 'Safeway PCD" - Mow Acadia Markets Corporation
located at Kavanaugh and Beech Streets.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Bussey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present being seven in
351
352
January 16, 1990, Cont'd.
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Priest and
Bussey, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being seven 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 followed. The Aye and No Vote
taken on passage of the Ordinance is recorded as follows: Ayes -
Directors, Benafield, Hollingsworth, Bussey, Shackelford, Dailey,
Mayor Villines and Director Priest - total 7; Noes - None; Absent -
None. The Ordinance was then declared PASSED.
Ordinance No. 15,801 was next presented, with the title being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PRD DISTRICT TITLED MERCY DAY CARE SHORT -FORM (z-4985-
B) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES;
(Z- 4985 -B - Changed from °PRD° to 'Revised PRD°, located at the
northwest corner of West Roosevelt Road and Wolfe Streets, described
as Lots 4 -12, Block 91 McCarthy's Addition, and Lot 10 and S 1/2 of
Lot 11, Block 8, Oak Terrace Addition to the City of Little Rock.)
with the Ordinance being read the first time. The rules were then
suspsended to allow for the second reading by motion from Director
Priest, seconded by Director Bussey, and by unanimous vote of the
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Priest, seconded by Director Bussey, that the rules
be suspended and the Ordinance be placed on third and final reading.
The motion was unanimously adopted by members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect; whereupon, the Ordinance was
then read the third and last time. An Aye and No Vote was taken on
passage of the Ordinance which resulted as herein recorded: Ayes -
Directors Benafield, Hollingsworth, Bussey, Shackelford, Dailey, Mayor
Villines and Director Priest - total 7; Noes - None; Absent - None.
Mayor Villines then announced that the Ordinance had PASSED.
The next presentation was Ordinance No. 15,802, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF STREET
IMPROVEMENT REQUIREMENTS;
(For: Dan Glover Subdivision on Dan Glover Road. Waiving all
physical improvements, curb and gutters, storm drainage and standard
street improvements.)
and the Ordinance was read the first time, followed by a motion from
Director Priest to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Bussey and adopted by
unanimous vote of the Board Members present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect, and
a second reading of the Ordinance ensued. The rules were again
suspended and the Ordinance placed on third and final reading by a
motion made and seconded by Directors Priest and Bussey, respectively,
and unanimously adopted by the Board Members present, being seven 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, there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the results recorded as follows: Ayes -
Directors Benafield, Hollingsworth, Bussey, Shackelford, Dailey, Mayor
Villines and Director Priest - total 7; Noes - None; Absent - None.
Therefore, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 15,803, entitled:
AN ORDINANCE FILLING THE VACANCIES ON THE BOARD OF IMPROVEMENT OF
LITTLE ROCK IMPROVEMENT DISTRICT NO. 627 OF LITTLE ROCK, ARKANSAS;
(Established by Ordinance NO. 11,557 passed 1 -4 -65; located on Alameda
Drive from 29th to 32nd Streets; Mrs. Dorsie (Jean) VanPelt and Mr.
Harold Coates, Jr., named to fill the vacancies.)
1
Ir 1
January 16, 1990, Cont'd.
with there being a first reading of the Ordinance. The rules were
then suspended and the Ordinance placed on second reading by motion
from Director Priest and seconded by Director Bussey, which was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. Upon second reading of the Ordinance, there
was a subsequent motion by Director Priest that the rules again be
suspended and the Ordinance be placed on third and final reading.
Director Bussey seconded the motion which was adopted by unanimous
vote of the members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors- elect. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on the question, Shall the
Ordinance Pass, with the response being: Ayes - Directors Benafield,
Hollingsworth, Bussey, Shackelford, Dailey, Mayor Villines and
Director Priest - total 7; Noes - None; Absent - None. Whereupon,
the Ordinance was declared PASSED.
Ordinance No. 15,804 was the next presentation, containing the
following heading:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5258 - To rezone 12210 West Markham Street, from "0-3" General
Office to "C -2" Shopping Center.)
and the Ordinance was read the second time, having been read the first
time on December 19, 1989 (See 12 -19 -89 Minute Record). A motion was
made by Director Bussey for suspension of the rules to permit the
third and final reading of the Ordinance. The motion was seconded by
Director Priest and unanimously adopted by the Board Members present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. The Ordinance was then read the third and
last time. The resulting Aye and No Vote taken on passage of the
Ordinance is recorded as follows: Ayes - Directors Benafield,
Hollingsworth, Bussey, Shackelford, Dailey, Mayor Villines and
Director Priest - total 7; Noes - None; Absent - None. The
Ordinance was then declared PASSED.
A public hearing had been scheduled by Resolution No. 8,240, and
notice thereof duly published on January 8, 1990 and January 15, 1990,
on the petition from Athalia K. Kullander and Pulaski Bank and Trust
Company, to vacate and close the 105 feet of "W" Street (also known as
F Street) in Bellevue Addition to the City of Little Rock, as approved
by the Planning Commission. Attached to the petition was a certified
copy of Bellevue Addition on file in the Pulaski County Circuit
Clerk's Office, and a letter from First Security Title Company listing
the last apparent owners of record to abutting property. Mayor
Villines then declared the public hearing open and with no one present
who wished to speak in opposition to the proposed closing, the public
hearing was declared closed and Ordinance No. 15,805 was presented,
entitled:
AN ORDINANCE VACATING AND CLOSING THE EAST 105 FEET OF "W" STREET
IN BELLEVUE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
and after a first reading of the Ordinance, there was a motion by
Director Bussey, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. There was a second reading of the
Ordinance, followed by a subsequent motion made and seconded by
Directors Bussey and Hollingsworth, respectively, to further suspend
the rules and place the Ordinance on third and final reading. The
motion received unanimous adoption by the Board Members present, being
seven in number and two - thirds or more of the members of the Board of
Directors - elect, and the third and final reading of the Ordinance
ensued. The question, Shall the Ordinance Pass, was submitted to an
Aye and No Vote, which received the following response: Ayes -
Directors Benafield, Hollingsworth, Bussey, Shackelford, Dailey, Mayor
Villines and Directors Priest - total 7; Noes - None; Absent - None.
The Ordinance was then declared PASSED.
353
I
354
January 16, 1990, Cont'd.
At this point in the meeting, Mayor Villines introduced Mr. Troy
I
Braswell, Scout Leader of Pack #55, Den #9, and some of the members
of Pack #55, who were present to observe the meeting.
The next presentation was Ordinance No. 15,806, with the title
being:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROPRIATE $36,376
FROM THE UNAPPROPRIATED BALANCE OF THE 1977 CAPITAL IMPROVEMENT FUND
FOR RIGHT -OF -WAY AND UTILITY ADJUSTMENTS FOR THE BASELINE ROAD - CHICOT
ROAD INTERSECTION IMPROVEMENT PROJECT;
and there was a second reading of the Ordinance, with the first
reading having occurred on January 2, 1990 (See 1 -2 -90 Minute Record).
A motion was made by Director Bussey and seconded. by Director Priest,
to suspend the rules and place the Ordinance on third and final
reading. With the motion having been unanimously adopted by members
of the Board of Directors present, being seven in number and two -
thirds or more of the members of the Board of Directors - elect, the
Ordinance was read the third and last time. The resulting Aye and No
Vote taken on passage of the Ordinance is herein recorded as follows:
Ayes - Directors Benafield, Hollingsworth, Bussey, Shackelford,
Dailey, Mayor Villines and Director Priest - total 7; Noes - None;
Absent - None. Mayor Villines then announced that the Ordinance had
'
PASSED.
A public hearing had been scheduled for this time and place to
consider Zoning Appeal Z- 4627 -A, filed by Mr. James H. Adams to rezone
7214 Asher Avenue (long legal description), from "C -3" General
Commercial District to "C -4" Open Display District, to be used for
storage of vehicles and dumpsters. The proposal was denied by the
Planning Commission on October 17, 1989. The Planning Staff had
recommended approval of "C -4" zoning. Mayor Villines declared the
public hearing open and Mr. Adams, the applicant and property owner,
was the first speaker. Mr. Adams explained that open display zoning
would allow him to move trucks and dumpsters onto the lot from where
they are now displayed along the road next door. He now has a used
truck and new dumpster sales business next door. Mrs. Doris Morgan,
3221 West Markham Street, who owns property at 7104 Asher Avenue, was
opposed to the rezoning and said if this proposal is approved, then
she would want "C -4" zoning for her property. Ms. Alline Strack, 3900
Blunt Street, was the other property owner in opposition. She
commented there was too much equipment in too small of space, which is
very unsightly, and requested that the zoning be denied; adding, "it
will open a whole new can of worms." Mr. Richard Wood of the
Department of Comprehensive Planning advised that the right -of -way
issue had not been satisfied, but that the Staff recommended the
rezoning as an upgrade of the property. Upon question by Director
Benafield, Mr. Adams said he would dedicate the right -of -way. In
answer to a question by Director Dailey, Mr. Wood said he views the
rezoning as an enhancement because it would eliminate some activities
'
and require additional screening. There was no further discussion and
Mayor Villines declared the public hearing closed. The proposed
Ordinance to rezone the property was then presented, and contained the
following caption:
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- 4627 -A - To rezone 7214 Asher Avenue, from •C -3• General Commercial
District to "C -4" Open Display District.)
and after a first reading of the Ordinance, there was a motion by
Director Shackelford, seconded by Director Hollingsworth, to suspend
the rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect. There was a second reading of the
Ordinance, followed by a subsequent motion made and seconded by
Directors Shackelford and Hollingsworth, respectively, to further
suspend the rules and place the Ordinance on third and final reading.
The motion received unanimous adoption by the Board Members present
being seven 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. An Aye and No Vote was taken on the question, Shall
January 16, 1990, Cont'd.
the Ordinance Pass, with the response being: Ayes - Directors
Benafield and Dailey - total 2; Noes - Directors Hollingsworth,
Bussey, Shackelford, Mayor Villines and Director Priest - total 5;
Absent - None. Therefore, it was announced that the Ordinance had
FAILED TO PASS.
At 7:10 o'clock P. M., Mayor Villines announced that the Board of
Directors would recess to executive session in the Board's Conference
Room, for the purpose of considering appointments to various Boards
and Commissions.
When the Board of Directors reconvened at 8:00 o'clock P. M. from
executive session, Mayor Villines presided with all Board Members
present.
Resolution No. `8,249 was presented, entitled:
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE
ARKANSAS MUSEUM OF SCIENCE & HISTORY BOARD OF TRUSTEES, ARTS &
HUMANITIES PROMOTION COMMISSION, BOARD OF ADJUSTMENT, BOARD OF
ELECTRICAL CODE APPEALS, CENTRAL ARKANSAS LIBRARY SYSTEM BOARD OF
TRUSTEES, CITY BEAUTIFUL COMMISSION, CITY SAFETY COMMISSION AND THE
PLANNING COMMISSION;
(Arkansas Museum of Science & History: Reappointed - James Engstrom,
Richard Holbert and Carl Whillock; Appointed - Mrs. Bonnie Fincher,
Dr. Calvin R. Ledbetter, Jr. and Father Benno Schluterman; Arts &
Humanities: Reappointed - Kay Arnold and Dr. Richard Hixson;
Appointed - Lloyd W. Benjamin, III; Board of Adjustment: Reappointed
- Cynthia Alderman and Rex D. Crane; Electrical Code Appeals:
Appointed - Isaac G. Ross; Central Arkansas Library System:
Reappointed - Rick Campbell; City Beautiful Commission: Appointed -
Ross McCain; City Safety Commission: Bishop L. T. Walker appointed
to fill unexpired term of Maury Loket; Sherman Banks appointed;
Lloyd Noel reappointed; Planning Commission: Joe Selz and H. Brad
Walker appointed.)
with the Resolution being read in its entirety. A motion was made by
Director Dailey and seconded by Director Benafield, that the
Resolution be adopted. The Resolution was adopted by unanimous voice
vote of the Board Members present.
The last matter to be considered was Resolution No. 8,250,
described as:
A RESOLUTION APPOINTING A COMMISSIONER TO THE HOUSING AUTHORITY
OF THE CITY OF LITTLE ROCK, ARKANSAS;
(Appointing Mr. Jesse W. Mason, Jr. to fill the unexpired term of Dr.
Leroy Williams, said term expiring October 8, 1990.)
and there was a complete reading of the Resolution. A motion followed
by Director Dailey and seconded by Director Benafield, that the
Resolution be adopted. The Resolution was adopted by unanimous voice
vote of the Board Members present.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 8:10 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, February 6,
1990, at 6:00 o'clock P. M.
ATTEST:
City Clerl
4-cL
Jane Czech
APPROVED: 11 , 01 �/...5� 1
Mayor Floyd Villines, "I"I"I_ '1
355
356
Board of Directors Chamber
Little Rock, Arkansas
February 6, 1990 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth, Bussey, Shackelford and
Dailey - total 6; Absent - None.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Director Hollingsworth.
The Consent Agenda was the first presentation, consisting of the
following items:
(a) The reading of the Minutes of the previous meeting held
,
January 16, 1990.
(b) A Motion to set the date for public hearing on February 20,
1990 at 6:00 P. M., to consider Zoning Appeal (Z- 5260).to rezone 8521
Scott Hamilton Drive, from "R -2" Single- family to "C -3" General
Commercial and "C -1" Neighborhood-.Commercial Districts.
(c) Resolution No. 8,251, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT THE
INTERSECTION OF CHENAL PARKWAY AND WEST MARKHAM STREET.
(d) Resolution No. 8,252, with the title being:
RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD CONTRACTS FOR PURCHASE OF ELECTRIC GOLF CARTS FOR THE PARKS AND
RECREATION DEPARTMENT; ANNUAL CONTRACT FOR READY -MIX CONCRETE AND AN
ANNUAL CONTRACT FOR SAND, STONE AND AGGREGATE FOR THE PUBLIC WORKS
DEPARTMENT.
(e) Resolution No. 8,253, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
,
CONTRACT WITH M. J. HARDEN FOR GEOGRAPHIC INFORMATION SYSTEM
PHOTOGRAPHY. (Not to exceed $96,574)
(f) Resolution No. 8,254, containing the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE -
YEAR CONTRACT RENEWAL WITH UNITED OF OMAHA TO PROVIDE CONTINUATION OF
THE CURRENT EMPLOYEE VISION CARE PLAN. (March 1, 1990 through
February 28, 1991.)
(g) Resolution No. 8,255, entitled:
A RESOLUTION TO COMMEND EMPLOYEES OF THE LITTLE ROCK
REGIONAL AIRPORT, THE LITTLE ROCK POLICE DEPARTMENT AND THE LITTLE
ROCK FIRE DEPARTMENT FOR THEIR EFFORTS IN RESPONDING TO THE CRASH OF
AN EASTMAN KODAK CORPORATE JET ON JANUARY 19, 1990.
(h) Resolution No. 8,256, with the title being:
A RESOLUTION EXPRESSING SUPPORT BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK FOR A ONE CENT SALES TAX FOR THE CONSTRUCTION
OF A NEW EIGHT HUNDRED BED JAIL FACILITY.
�J
(i) Resolution No. 80257, described as:
A RESOLUTION AUTHORIZING THE MAYOR TO APPROVE AN OPERATION
AGREEMENT BETWEEN THE CITY OF LITTLE ROCK AND PULASKI COUNTY FOR THE
OPERATION OF JAIL FACILITIES.
(j) Resolution No. 8,258, containing the following heading:
A RESOLUTION ENDORSING THE PROPOSED CONSTRUCTION PLANS FOR
THE MONTGOMERY POINT LOCK & DAM; AND URGING THE MEMBERS OF THE
ARKANSAS CONGRESSIONAL DELEGATION AND THE GOVERNOR OF THE STATE OF
ARKANSAS TO SUPPORT THE PROJECT. (Note: This Resolution appeared on
the Agenda as Item No. 12, but Board Members unanimously agreed to
include it with the Consent Items.)
By a motion from Director Priest, seconded by Director Dailey, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held January 16, 1990, were approved as written and
summarized to members of the Board of Directors; (b) Motion was made
and adopted to set the date for public hearing on February 20, 1990,
to consider Zoning Appeal Z- y5260, to rezone 8521 Scott Hamilton
Drive, from "R -2" Single - family to "C -3" General Commercial and "C -l"
Neighborhood Commercial Districts; and (c, d, e, f, g, h and i)
Resolutions No. 8,251, 8,252, 8,253, 8,254, 8,255, 8,256, 8,257, and
8,258, were read in full and adopted by unanimous voice vote of the
Board Members present.
Before Citizen Communications, Director Shackelford requested
that Item 6 on the Agenda, which was an Ordinance providing for a
waiver of resubdivision of land requirements at the N/W corner of
Markham Street and Shackleford Road (S -651), be deferred until the
Agenda Session on Wednesday, February 14, 1990. Mayor Villines then
advised that the meeting will be recessed until February 14th, at
which time this matter will be considered by the Board of Directors in
the reconvened meeting.
At the time allotted for Citizen Communications, Ms. Barbara
Douglas, 4801 Rightsell Street in Pankey Addition to the City of
Little Rock, addressed the Board in opposition to barricading the
bridge on Wells Street. Wells Street was barricaded at each end of
the bridge, because the bridge is unsafe for use by the public, and
Ms. Douglas commented that since the bridge has been closed, she has
no access to Highway No. 10. City Manager Tom Dalton was requested to
provide Board Members with a report at the February 14th Agenda
Session.
Officer Farris Hensley, 11733 Rivercrest Drive, President of the
Fraternal Order of Police, spoke in strong opposition to support by
' the Board, of a one cent sales tax for construction of a 800 bed jail
facility; and. the :Resolution of the Board of Directors authorizing
the entry into an agreement to issue bonds for the purpose of
assisting in the financing of the Arkansas Modification industrial
facility, located at the Little Rock Regional Airport. He contended
the money should be spent for basic services and accused the Board of
tending to special interests. Mrs. Connie Durland, 10921 -B Mara Lynn
Road, whose husband is a police officer, spoke to the Board regarding
salary and benefits for the Police Department, and urged that a
favorable agreement be reached soon. Mrs. Valerie Watson, 1502 Green
Mountain Drive, wife of a police officer, read a prepared statement
regarding the need for, and lack of, a contract with the FOP. Again,
it was explained that the Board of Directors is a policy making board
and that negotiations with the FOP are in progress.
Zoning Application Z -5267 from James Henson for Ken Golden, was
introduced next. The application to rezone 6800 Interstate #30, from
"I -2" Light Industrial District to "C -3" General Commercial District,
was approved by the Planning Commission on January 2, 1990. No
opposition to the rezoning was presented and Ordinance No. 15,807 was
considered with the title being:
AN
ROCK, A
CITY OF
' 7
General
ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
RKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
- To rezone 6800 I -30, from "I -2" Light Industrial to "C -3"
Commercial District.)
35'7
-jON
with the Ordinance being read the first time, followed by a motion
from Director Shackelford to suspend the rules and place the Ordinance
on second reading. The motion was seconded by Director Priest and
adopted by unanimous vote of the Board Members present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Priest and Dailey,
respectively, and unanimously adopted by the Board Members present,
being seven 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, there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the results recorded as follows: Ayes -
Directors Hollingsworth, Bussey, Shackelford, Dailey, Mayor Villines,
Directors Priest and Benafield - total 7; Noes - None; Absent -
None. Whereupon, the Ordinance was declared PASSED.
Zoning Application Z -5270 filed by K. V. Mathen for Sands Motel,
Inc., to rezone 9211 Interstate #30 (long legal description), from "R-
2" Single - family District to "C -3" General Commercial District, was
next presented. The application received the approval of the Planning
Commission. No opposition was presented to the proposal and Ordinance
No. 15,808 was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5270 - To rezone 9211 I -30, from "R -2" Single - family to "C -3"
General Commercial District.)
and the Ordinance was read the first time. There was a motion by
Director Shackelford, seconded by Director Priest, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. There was a second reading of the Ordinance
followed by a motion made and seconded by Directors Priest and Dailey,
respectively, to suspend the rules and place the Ordinance on third
and final reading. The motion received unanimous adoption by the
Board Members present, being seven 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 followed. The Aye and No Vote taken on
passage of the Ordinance received the following response: Ayes -
Directors Hollingsworth, Bussey, Shackelford, Dailey, Mayor Villines,
Directors Priest and Benafield - total 7, Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
The next Zoning Application (Z -5275) to be considered was filed
by Attorney Ben McMinn for the estate of W. C. McMinn, to rezone 923
High Street, described as the West 100 feet of the South 42 feet of
Lot 6, Block 404, Lincoln Addition to the City of Little Rock, from
nI -2n Light Industrial District to "O -3" General Office District, and
was approved by the Planning Commission on January 2, 1990. No
opposition was presented to the request and Ordinance No. 15,809 was
considered, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5275 - To rezone 923 High Street, described as the West 100 feet of
the South 42 feet of Lot 6, Block 404, Lincoln Addition, from "I -2"
Light Industrial to 00-3" General Office District.)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Shackelford, seconded by Director Priest, and by unanimous vote of the
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Priest, seconded by Director Dailey, that the rules
be suspended and the Ordinance be placed on third and final reading.
The motion was unanimously adopted by members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect; whereupon, the Ordinance was
35 �a
then read the third and last time. An Aye and No Vote was taken on
passage of the Ordinance which resulted as herein recorded: Ayes -
Directors Hollingsworth, Bussey, Shackelford, Dailey, Mayor Villines,
Directors Priest and Benafield - total 7; Noes - None; Absent -
None. The Ordinance was then declared PASSED.
Zoning Application Z -5278 from Thompson Electric Company, to
rezone a parcel on Mabelvale West Road, containing 0.67 acre (long
legal description), from "R -2" Single - family District to "I -2" Light
Industrial District, was next presented. The application was approved
by the Planning Commission on January 2, 1990. There were no
objectors present and Ordinance No. 15,810 was presented, containing
the following caption:
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 -5278 - To rezone 0.67 acre on Mabelvale West Road, from "R -2"
Single - family District to "I -2" Light Industrial District.)
and the Ordinance was read the first time, followed by a motion by
Director Shackelford, seconded by Director Priest, that the rules be
suspended and the Ordinance be placed on second reading. The motion
'
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion being made by Director Priest, seconded by Director Dailey, and
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. The Ordinance was read the third and last
time and there was an Aye and No Vote taken on the question, Shall the
Ordinance Pass, with the results recorded as follows: Ayes -
Directors Bussey, Shackelford, Dailey, Mayor Villines, Directors
Priest and Benafield - total 6; Noes - None; Abstentions - Director
Hollingsworth - total 1; Absent - None. The Ordinance was declared
PASSED.
Ordinance No. 15,811 was the next presentation, entitled:
AN ORDINANCE AMENDING THE GEYER SPRINGS WEST LAND USE PLAN SOUTH
OF HARVEST FOODS AND PARKVIEW CHRISTIAN CHURCH; AND FOR OTHER MATTERS;
(Amended to show 4 parcels south of Harvest Foods and west of Geyer
Springs Road as office use rather than single - family.)
with the Ordinance being read the first time. The rules were then
'
suspended to allow for the second reading by motion from Director
Shackelford, seconded by Director Priest, and by unanimous vote of the
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Priest, seconded by Director Dailey, that the rules
be suspended and the Ordinance be placed on third and final reading.
The motion was unanimously adopted by members of the Board of
Directors present, being seven 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. An Aye and No Vote was taken on passage of
the Ordinance with the response being: Ayes - Directors
Hollingsworth, Bussey, Shackelford, Dailey, Mayor Villines, Directors
Priest and Benafield - total 7; Noes - None; Absent - None. Mayor
Villines then declared the Ordinance had PASSED.
Ordinance No. 15,812 was introduced, entitled:
AN ORDINANCE AMENDING THE PLEASANT VALLEY LAND USE PLAN NORTH OF
KROGER BETWEEN I -430 AND SHACKLEFORD ROAD; AND FOR OTHER PURPOSES;
(Amending the Pleasant Valley Land use Plan to show single - family in
the area between Shackleford Road and I -430 north of Kroger.)
and the Ordinance was read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Dailey, and by unanimous vote of the
members of the Board of Directors present, being seven in number and
'
two - thirds or more of the members of the Board of Directors - elect.
I -
—
W)
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Hollingsworth, seconded by Director Dailey, that the
rules be further suspended and the Ordinance be placed on third and
final reading. The motion was unanimously adopted by members of the
Board of Directors present, being seven in number and two- thirds or
more of the members of the Board of Directors - elect; whereupon, the
Ordinance was then read the third and last time. Before the vote was
taken, Mr. Jim Lawson, Director of Comprehensive Planning, made a
presentation explaining the change in the Land Use Plan. He stated
the property is owned by the State of Arkansas, and is currently
vacant with single - family development on two sides, I -430 to the east
and Kroger to the south. He said the neighborhood association is
opposed to the multi- family designation of this property due to
concerns of the impact a development might have on their neighborhood.
Mr. Robert Price, #1 Kings Mountain Drive, a member of the Walnut
Valley Property Owners Association, spoke in support of the Ordinance.
No one was present to oppose the change. The roll call vote on the
question, Shall the Ordinance Pass, was then taken with the results
recorded as follows: Ayes - Directors Hollingsworth, Bussey,
Shackelford, Dailey, Mayor Villines, Directors Priest and Benafield -
total 7; Noes - None; Absent - None. Mayor Villines then announced
that the Ordinance had PASSED.
The next presentation was Ordinance No. 15,813, with the title
being:
AN ORDINANCE AMENDING THE HIGHWAY 10 AND NORTHWEST
EXTRATERRITORIAL LAND USE PLANS WEST OF JOHNSON RANCH ROAD; DECLARING
AN EMERGENCY; AND OTHER MATTERS;
and there was a first reading of the Ordinance. A mot
Director Priest, seconded by Director Bussey, that
suspended and the Ordinance be placed on second readir
was adopted by unanimous vote of the members of the Boa
present, being seven in number and two - thirds or more
of the Board of Directors - elect, and a second reading o
ensued. A discussion then followed with Director
calling attention to the wording in Section 5 of the
explaining that he felt the phrase, "which required a
included. He then made a motion that Section 5 of tl
amended as follows: "That the Highway 10
Extraterritorial Land Use Plan maps shall reflect
business node, which requires a PUD, in the Stone's
illustrated on the attached map." The motion was secon
Shackelford and unanimously adopted by the Board Me
Attorney David Henry, representing property owners :
Market area, addressed the zoning and requested that th
Pottery" property which was excluded from the Plan, be
commercial node concept. He advised that the Jim
property had been withdrawn by the owner. Mr. H
photographs of the "Turtle Creek Pottery" property, ant
owner has been in business since 1973. He pointed ou
property, a pleasant use, and sees no reason why it M
damage if included in the node. Upon question
Hollingsworth, Mr. Henry explained that with the
conforming use, if the owner should suffer a casualty
could not be rebuilt. Ms. Alicia Finch, 17 Dee Dee Cir
owner in the area, said she was not opposed to the
Pottery" property, but she objected to the Jim Wright W
ever becoming part of the node. She filed a petit
sixteen property owners requesting that property locate
Manor, NOT be rezoned to Cl, C2 or C3 commercial dis
the Jim Wright Welding property was not included in tl
.on followed by
the rules be
g. The motion
,d of Directors
of the members
E the Ordinance
Hollingsworth
Ordinance, and
)UD ", should be
e Ordinance be
and Northwest
the existing
Market area as
led by Director
mbers present.
.n the Stone's
"Turtle Creek
included in the
Wright Welding
=nry presented
I explained the
: it is a nice
ould cause any
by Director
current non-
, the business
:le, a property
"Turtle Creek
:lding property
:ion signed by
I at 25 Maywood
trict. (Note:
e node at this
time, because Mr. Wright withdrew his property from the request.)
Concerns were raised by Mayor Villines and Director Hollingsworth,
that if the "Turtle Creek" property is included, it will set the stage
for property owners to the north to have a legitimate argument for
being included. Mr. Lawson stated the Planning Commission had voted
to exclude the "Turtle Creek" property, and he could not ever recall
zoning property for commercial use, with an access like the pottery
firm. A motion'• was then made by Director Benafield that "the 'Turtle
Creek Pottery' property be included in the commercial business node."
The motion was seconded by Director Dailey, with the response being:
Ayes - Directors Benafield, Bussey and Dailey - total 3; Noes -
Directors Priest, Hollingsworth, Shackelford and Mayor Villines -
total 4; Absent - None. With the motion having failed, a subsequent
motion was made by Director Dailey and seconded by Director
Shackelford, that the rules be suspended and the Ordinance, as
� II
�J
Fj
amended, be placed on third and final reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect; whereupon, the Ordinance, as amended, was
read the third and last time. An Aye and No Vote was taken on passage
of the Ordinance, as amended, which resulted as herein recorded: Ayes
- Directors Hollingsworth, Bussey, Shackelford, Dailey, Mayor
Villines, Directors Priest and Benafield - total 7; Noes - None;
Absent - None.
The Emergency Clause contained in Section 6 of the foregoing
Ordinance, as amended, was then read and adopted by the following roll
call vote: Ayes - Directors Hollingsworth, Bussey, Shackelford,
Dailey, Mayor Villines, Directors Priest and Benafield - total 7;
Noes - None; Absent - None. Whereupon, the Ordinance, as amended,
together with the Emergency
Section, was then declared PASSED.
Ordinance No. 15,814 was introduced, described as:
AN ORDINANCE TO ESTABLISH ZONING DISTRICTS IN THE AREA LOCATED
NORTH OF KANIS AND DENNY ROADS IN WESTERN PULASKI COUNTY WHICH IS
OUTSIDE OF BUT WITHIN THREE MILES OF THE CORPORATE LIMITS OF THE CITY
OF LITTLE ROCK, TO MAKE THE CITY'S COMPREHENSIVE ZONING REGULATIONS
APPLICABLE THERETO; AND DECLARING AN EMERGENCY;
(See preceding discussion with companion ordinance No. 15,813.)
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Bussey, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion being made by Director Dailey, seconded by Director
Shackelford, and unanimously adopted by members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect. The Ordinance was read the
third and last time, and there was an Aye and No Vote taken on the
question, Shall the Ordinance Pass, with the results recorded as
follows: Ayes - Directors Hollingsworth, Bussey, Shackelford, Dailey,
Mayor Villines, Directors Priest and Benafield - total 7; Noes -
None; Absent - None.
II III The Emergency Clause contained in Section 6 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Hollingsworth, Bussey, Shackelford, Dailey, Mayor
Villines, Directors Priest and Benafield - total 7; Noes - None;
Absent - None. Therefore, the Ordinance, together with the Emergency
Section, was declared PASSED.
The next presentation was Resolution No. 8,259, containing the
following caption:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
ROCK, ARKANSAS, AUTHORIZING THE ENTRY INTO AN AGREEMENT TO ISSUE BONDS
FOR THE PURPOSE OF ASSISTING IN THE FINANCING OF AN INDUSTRIAL
FACILITY WITHIN THE CITY;
(For: Arkansas Modification Center, Inc., located at the Little Rock
Regional Airport.)
and there was a complete reading of the Resolution. Director
Benafield stated that the development would provide for 300 to 400
jobs in the Little Rock area. City Manager Tom Dalton told Director
Benafield that the concerns he mentioned at the Agenda Session on
Wednesday had been addressed. Director Shackelford made a motion that
the Resolution be adopted. The motion was seconded by Director Priest
and unanimously adopted by voice vote of the Board Members present.
At 8:00 o'clock P. M., Mayor Villines announced there would be a
fifteen minute recess.
361
When the Meeting reconvened at 8:15 o'clock P. M., Mayor Villines
presided and the following Directors answered roll call: Directors
Priest, Benafield, Hollingsworth, Bussey, Shackelford and Dailey -
total 6; Absent - None.
Consideration was then given to Ordinance No. 15,815, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5271 - 8421 Asher Avenue, described as Lot 50, Block 3, Westwood
Addition to the City of Little Rock, from "C -3" General Commercial
District to "C -4" Open Display.)
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued. A
subsequent motion was made by Director Priest to further suspend the
rules and place the Ordinance on third and final reading, which motion '
was seconded by Director Dailey, and adopted by unanimous vote of the
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
The Ordinance was then read the third and last time. Prior to the
vote, Mr. Jim Lawson, Director of Comprehensive Planning, answered
questions by Director Hollingsworth who had several concerns. He
explained the property is currently zoned "C -3" and does not allow
open display, and the cars are open display; therefore, the rezoning
proposal was needed. Mr. Lawson advised that this does conform with
the Land Use Plan. The Planning
Commission and Planning Staff had approved the "C -4" District. A roll
call vote was then taken on passage of the Ordinance with the response
being: Ayes - Directors Hussey, Shackelford, Dailey, Mayor Villines
and Director Benafield - total 5; Noes - Directors Priest and
Hollingsworth - total 2; Absent - None. The Ordinance was then
declared PASSED. IN
The last presentation was a proposed Resolution, with the title
being:
A RESOLUTION ACCEPTING THE STAFF REPORT ON WLR PARK ACQUISITION,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE PURCHASE OF A PARK SITE;
AND FOR OTHER PURPOSES;
and there was a complete reading of the Resolution. Mayor Villines
explained that the purpose of the Resolution was to consider staff '
recommended Park Sites "A ", "E" and "G -1 ", provided in an overview to
the Board of Directors dated January 31, 1990. Park Site "A" is
located on Stewart Road south of Kanis Road and contains 253 acres and
can be purchased for $3,067,815. Park Site "E" located between
Colonel Glenn and Burlingame Road contains 346 acres and can be
purchased for $1,195,000. Park Site "G -1" was the other
recommendation and contained 300 acres and would be donated by
Stephens, Inc., with the stipulation that the City build a golf course
at the park. Upon question by Director Benafield, City Manager Tom
Dalton advised that the restriction has not been lifted, it is still
an open issue and the staff will continue to discuss with Stephens,
the donation of the land without the restriction. Attorney Tom
Prince, representing the Danny Thomas Company, spoke to the Board
stating none of the three sites being considered are his client's
site, but in the event none of the three sites are voted on, the site
his client has to offer the City is still available. It contains 450
acres and can be purchased for $1,000,000. Mr. Prince stated his
client would like to have the opportunity to continue the discussion
with the City, on the purchase of the site. In previous information
to the Board, this site was designated as Site "B ", but is outside the
boundary of the established corridor for a West Little Rock Park to
serve the citizens of Little Rock. Proposed Park Site "D" previously
listed, is also outside the boundary of the corridor. Upon question
by Director Benafield, Assistant City Manager Charles Nickerson,
advised that Park Sites "A ", "E" and "G -1" were the only ones
considered; adding, that Sites "B ", "C", "D" and "F" shown on the map,
are outside the boundary. Mr. Nickerson explained to the Board the '
park acquisition criteria for making the analysis of the park sites.
He stated the staff also analyzed the cost factor of the development
of the land and advised that it would take approximately $4,500,000 to
develop a golf course on Site "G -1 "; Site "E" would require
approximately $3,500,000 to develop a golf course; and approximately
$2,500,000 to $3,000,000 would be needed for construction of a golf
course on Site "A ". Mr. Prince made a plea to the Board to deal with
this issue promptly for the benefit of all the landowners who have had
their lands tied up in options. There was further discussion on the
proposals, followed by a motion made by Mayor Villines and seconded by
Director Benafield, to select Park Site "E". The motion failed by
voice vote as follows: Ayes - Directors Priest, Hussey and Mayor
Villines - total 3; Noes - Director Benafield - total 1; Not Voting
- Directors Hollingsworth, Shackelford and Dailey - total 3. A
subsequent motion was then made by Director Hussey "to accept Park
Site 'B'." The motion was seconded by Director Benafield. Further
discussion followed with Mr. Julius Breckling, Director of Parks and
Recreation, stating that Park Site "B" contains 450 acres, can be
purchased for $980,000, and has suitable terrain. City Manager Tom
Dalton explained that Site "B" did not come to the Board with staff
recommendation. There was further discussion and with Mr. Prince
making a plea that the Board deal with the matter at the meeting on
Wednesday, Directors Bussey and Benafield withdrew their motion and
second respectively. The motion was therefore withdrawn and the park
site is to be considered again at the Board of Directors reconvened
meeting on Wednesday, February 14, 1990, at 1:30 P. M.
There being no further business to be presented, Mayor Villines
declared the meeting recessed at 9:35 o'clock P. M., with the Board to
reconvene on Wednesday, February 14, 1990, at 1:30 P. M.
ATTEST.
City Clerk Jane Czech
APPROVED: At�/�,
Mayor Floyd G. Villines, III
363
364
Board of Directors Chamber
Little Rock, Arkansas
February 14, 1990 - 1:30 P. M.
The Board of Directors of the City of Little Rock, Arkansas,
reconvened from the February 61 1990, regular Board Meeting with Vice
Mayor Priest presiding in the absence of Mayor Villines. Jane Czech,
City Clerk, called the roll with the following Directors present:
Directors Benafield, Hollingsworth, Bussey and Shackelford - total 4;
Absent - Director Dailey and Mayor Villines - total 2.
With a quorum in attendance, Vice Mayor Priest declared the Board
of Directors in session and stated the purpose of the reconvened
meeting was to consider an Ordinance providing for a waiver of
resubdivision of land requirements, located at the northwest corner
of Markham Street and Shackleford Road, and to consider a park site
for West Little Rock.
To begin the meeting Mr. Mike Batie, Director of Public Works,
made a presentation explaining the reasons for barricading the bridge
on Wells Street in Pankey Addition. Mr. Batie said the bridge is a
wood structure in a hazardous condition, and did not recommend the
replacement. He explained it would cost $65,000 plus engineering fees
for replacing the bridge, and stated a bridge is being planned for
Black Road. Director Shackelford wanted to look at the barricaded
bridge and the ingress and egress the citizens on Wells Street will
have to Highway No. 10. She requested City Manager Tom Dalton to
follow up with a written report to Board Members.
I
Before Ordinance No. 15,816, entitled AN ORDINANCE AMENDING
CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK,
ARKANSAS PROVIDING FOR A WAIVER OF RESDBDIVISION OF LAND REQUIREMENTS,
was read, Mr. Jim Lawson, Director of Comprehensive Planning, made a
presentation in which he pointed out the zoning classification of
properties surrounding the northwest corner of Markham Street and
Shackleford Road. The Ordinance provides for a waiver of
resubdivision of land requirements, described as Replat of Lot 1 -R,
Hooper Bond Addition, Phase 1, which is located at the northwest
corner of Markham Street and Shackleford Road. In Mr. Lawson's
presentation, he recommended that Subsection b. of the Ordinance
include both a building and excavation permit. Mr. C. J. Cropper is
the owner /applicant and the proposal consists of a two -lot replat out
of a larger lot. The plat, as submitted, is proposed for commercial
buildings. The site is currently occupied by a J & J Piano Store and
paved parking lot. The only vehicle entrance to the property will be
through Lot 7 located directly west which is under the same ownership.
There are a number of utility easements crossing this side. Attorney
Meredith Catlett representing Mr. John Nichols said, "we see this
property as non - developable ", and strongly urged denial of the replat;
adding, "my client would only agree to a replat if the property is
turned into a PCD." Mr. Lawson responded that the Staff is opposed to
a PCD, which would be the same thing as denying a replat. Attorney
David Henry, representing the applicant, stated "we need to plat the
property so we can sell it to the owner of Lot 7." The Planning
Commission and Staff, recommended approval to grant the variance
excluding the remainder of Lot 1 from the plat, and making it a non-
conforming illegal lot. After lengthy discussion, the Ordinance was
read the first time which included Subsection b. as follows: "That
site plan review by the Planning Commission be required before a
building and excavation permit can be issued." A motion was then made
by Director Dailey that the rules be suspended and the Ordinance be
placed on second reading. The motion was seconded by Director
Shackelford and unanimously adoF
being six in number and two - third:
of Directors - elect. The Ordinanc
again, Director Dailey moved that
third and final reading. The m�
Hollingsworth, which was unanimc
present, being six in number and
the Board of Directors - elect. Th
the Ordinance, followed by a roll
Ordinance Pass, with the reapons(
Directors Benafield, Hollingswort
total 6; Noes - None; Absent
ted by the Board Members present,
or more of the members of the Board
e was then read the second time and
the rules be suspended to permit the
tion received a second by Director
usly adopted by the Board Members
:wo- thirds or more of the members of
:re was a third and final reading of
call vote on the question, Shall the
being: Ayes - Vice Mayor Priest,
1, Bussey, Shackelford and Dailey -
- Mayor Villines - total 1. The
FEBRUARY 14, 1990, Cont'd.
Ordinance then then declared PASSED.
The selection of a park site in West Little Rock was the next
matter to be discussed. To open the discussion, Director Bussey made
a motion that Park Site "B" be brought up for discussion. Director
Benafield seconded the motion saying he would have some comments
later. Mr. Cliff Peck, 24311 Kanis Road, addressing Park Site "E"
(located between Colonel Glenn and Burlingame Roads), asked the Board
not to act on that site until the residents have had an opportunity
for input. Mr. Gary Keathley, 2218 Walnut Grove, also spoke regarding
Park Site "E". He felt it inappropriate for the City to move in that
direction and said there is so much going on, so rapidly, out there.
Mr. Kenneth Williams, 1 Fox Ridge, spoke against Site "E ", commenting
this would be a bad spot for the residents, citing litter, crime and
traffic. Mr. Charles Wood, 9101 Auxor Road, mentioned there are many
properties available and urged the Board to look at some other sites.
(Sites "A", "E" and "G -1" were the sites included in the January 31,
1990, Board of Directors Overview.) Attorney David Henry addressed
the Board in support of Park Site "E ". Attorney Tom Prince,
representing the Danny Thomas Company, spoke in support of Park Site
"B" located on Lawson Road, and introduced Mr. Claude Brasseale, a
land -use architect, who favored Site "B ". A lengthy discussion ensued
' on the various park sites. At this point, Director Bussey withdrew
his motion to discuss Park Site "B ", and Director Benafield withdrew
his second. Lengthy discussion continued. At the suggestion of City
Manager Tom Dalton, the Board agreed to readvertise for two weeks for
a metropolitan park site in western Little Rock or western Pulaski
County, with a minimum of 250 acres. The proposals will be discussed
at the March 14, 1990 Agenda Meeting, and considered at the March 20,
1990 Board Meeting. No further action was taken at this time. (Ad
published in the Arkansas Democrat on February 16, 1990 and February
23, 1990.)
The last matter to be considered was Resolution No. 8,260, with
the title being:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK
CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF ARKANSAS MODIFICATION
CENTER, INC. TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM;
(Located at Adams Field)
and there was a complete reading of the Resolution. A motion was made
by Director Benafield and seconded by Director Bussey, that the
Resolution be adopted. The Resolution was adopted by unanimous voice
vote of the Board Members present.
There being no further business to be presented, Vice Mayor
Priest declared the meeting adjourned at 5:30 o'clock P. M., with the
' Board of Directors to convene in regular session on Tuesday, March 6,
1990, at 6:00 o'clock P. M.
ATTEST &y�GCk/ APPROVED:
City Clerk Jane Czech Vice Mayor Sharon Priest
vQl
366
s Board of Directors Chamber
Little Rock, Arkansas
February 20, 1990 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas,
in regular session with Vice Mayor Sharon Priest presiding in
absence of Mayor Floyd G. Villines. City Clerk Jane Czech called
roll with the following Directors present: Directors Benafi
Hollingsworth, Hussey and Shackelford - total 4; Absent - Dire
Dailey and Mayor Villines - total 2.
With a quorum present, Vice Mayor Priest declared the Board
Directors in session.
The Invocation was given by Director Hussey.
The first matter to be considered was the Consent Agen lil
consisting of the following items:
(a) The reading of the Minutes of the previous meeting h
February 6, 1990, and the reconvened meeting held February 14, 1990.1
(b) The Comparative Statement of Income Account of the Lit
Rock Municipal Water Works for the month of December, 1989.
(c) Resolution No. 8,2611 entitled:
A RESOLUTION GRANTING A FRANCHISE TO DELTIC FARM
TIMBER COMPANY, INCORPORATED, TO CONSTRUCT AND MAINTAIN A BUILDING
THE PUBLIC RIGHT -OF -WAY. (For an information center to be pla
adjacent to #1 Chenal Circle.) .;,, :._, _.
(d) Resolution No. 8,262, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
BIDS AND AWARD CONTRACTS FOR VEHICLE REPAIR PARTS; VEHICLE
SERVICES; PURCHASE OF 15 TRUCKS; PURCHASE OF 9 MID -SIZE S
PURCHASE OF 56 POLICE PATROL SEDANS; AND EXTENDING THE ANNUAL CO
FOR GASOLINE AND DIESEL FUEL FOR THE DEPARTMENT OF HUMAN AND G
SERVICES /FLEET SERVICES DIVISION.
(e) Resolution No. 8,263, described as:
A RESOLUTION AUTHORIZING
BIDS AND AWARD CONTRACTS FOR STREET AN]
BOWERS STREET AND STREET CONSTRUCTION ON
Hobbs Contractors not to exceed $140,000
Street; Contract to Heavrin Construction
construction on Oak Street.)
THE
DR
OAK
for
not
CITY MANAGER TO ACC
AINAGE IMPROVEMENTS
STREET. (Contract t '
improvements to Bow F
to exceed $90,000 III
(f) Resolution No. 8,264, containing the following caption:
A .RESOLUTION AUTHORIZING THE CITY MANAGER TO A
CONTRACTS FOR THE PURCHASE OF COMPUTER SOFTWARE AND HARDWARE FOR
OFFICE OF MANAGEMENT SUPPORT TO BE USED TO SUPPORT THE P
DEPARTMENT'S MANAGEMENT INFORMATION SYSTEM (MIS) AND THE PO
RECORDS SYSTEM.
(g) Resolution No. 8,265, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWAR]
CONTRACT TO KEITH MILLER FOR ARCHITECTURAL SERVICES FOR THE SEN
CITIZEN CENTER AT UNIVERSITY PARK. (Contract not to exceed $68,000
(h) Resolution No. 81266, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACC
BIDS AND AWARD A CONSTRUCTION CONTRACT FOR IMPROVEMENTS TO DUN
COMMUNITY CENTER. (Contract to North Little Rock Plumbing and Gene
Contracting Company, Inc., not to exceed $431,413.)
L
1
February 20,-1990, Cont'd.
(i) Resolution No. 8,267, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH TRA -FLOW SYSTEMS CORPORATION TO UPGRADE THE
CITY'S MAIN TRAFFIC SIGNAL COMPUTER. (Contract not to exceed
$73,000.)
(j) Resolution No. 8,268, did not appear on the Agenda; however,
bid and fact sheets were presented to Board Members and the Resolution
was placed in the Consent Agenda, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF TWO TRIPLE COMBINATION
FIRE PUMPER TRUCKS FOR THE DEPARTMENT OF HUMAN AND GENERAL SERVICES.
(Contract to Jack Jennings not to exceed $327,374.)
By a motion from Director Shackelford, seconded by Director Hussey,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held February 6, 1990 and the reconvened meeting held
February 14, 1990, were approved as written and summarized 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 1989, was received and filed; and (c, d, e, f, g, h, i and
j) Resolutions No. 8,261, 8,262, 8,263, 8,264, 8,265, 8,266, 8,267
and 8,268, were read in full and unanimously adopted by the Board
Members present. (Note: The Resolution appearing on the Official
Agenda as Item "j" in the Consent Items was combined with the
Ordinance appearing as Item "11" and therefore, not considered with
the Consent items. Item "k" appearing on the Consent Agenda and
entitled "authorizing a franchise agreement with Spaghetti Warehouse,
Inc." was removed from the Consent Agenda and considered after Citizen
Communications.)
At the time allotted for Citizen Communications, Mrs. Connie
Durland, 10921 -B Mara Lynn Road, wife of a police officer, again made
charges regarding police negotiations that have not been settled.
Mr. R. E. "Gene" Bailey, Jr., 822 North Taylor Street, spoke to
the Board regarding crime within the City and asked the Board to
address the issue. City Manager Tom Dalton advised that the 1990
Budget provides for twenty new officers and twenty civilian employees,
which will free another ten officers for street work. Mr. Dalton was
requested to ask Police Chief Caudell to give a report on the matter
at some future meeting.
• proposed Resolution was the next presentation, entitled:
• RESOLUTION AUTHORIZING A FRANCHISE AGREEMENT WITH SPAGHETTI
WAREHOUSE, INC. FOR USE OF A PORTION OF EAST THIRD AND McLEAN STREETS
FOR RENOVATION OF THE FORMER CHOCTAW RAILROAD STATION;
(For improvements, parking, landscaping and fencing. The property is
to be used for a restaurant.)
and the Resolution was read in full. Mr. Jim Lawson, Director of
Comprehensive Planning made the staff presentation for the proposal
and said the City Staff recommends approval of the use of the right -
of -way for the restaurant's parking. He said the restaurant wouldn't
be using the street, only a right -of -way that's usually used for
utilities. Mr. Lawson said the City had approved similar arrangements
for other businesses. Attorney Paul Hoover, representing the Arkansas
Gazette, stated the proposal is unacceptable and is actually a street
closure. He said trucks going to the printing plant had been using
the Choctaw Station right -of -way for several years. Without the
space, the trucks will have a difficult time backing into the docks,
he further commented. Mr. Hoover pointed out there are 155 jobs at
this printing plant and said his client needs time to think about the
proposal. Mr. Ron Tabor, representing FGS Partnership, and speaking
for the proposal, said the objections raised by the Gazette made him
ask whether the newspaper's loading docks are set back far enough from
the street. Mr. James Aitken, vice president of design and
construction for the Dallas -based restaurant chain, told the Board his
firm looks at historic, unusual sites, and beautiful buildings, on
which to locate and "we very much want to be in Little Rock, and have
no desire to hinder the Gazette." He stated the business will create
100 new jobs. Mr. Ronald Krengel, 112 West 3rd Street, manager of the
Gazette Production Plant, disagreed with the Planning Staff. He
367
368
February 20, 1990, Cont'd.
stated, "we met and reviewed the proposal and it is a severe
impediment, but officials will find a way to survive if the franchise
is approved." Following the lengthy discussion, Director Shackelford
made a motion that "the matter be delayed until next Wednesday,
February 28, 1990, at 1:30 P. M., and that this meeting be recessed
for that purpose." The motion was seconded by Director Bussey and
adopted by a voice vote of 4 ayes with Director Benafield voting no.
Therefore, no further action was taken and the matter will be
considered February 28th at 1:30 P. M.
A public hearing had been scheduled for this time and place to
consider the Appeal of the Planning Commission's denial to reclassify
8521 Scott Hamilton Drive (Z- 5260), from "R -2" Single - family District
to "C -3" General Commercial District. The application was filed by
Larry W. Young with the property vested in the name of Kamis Alley.
Vice Mayor Priest declared the public hearing open and Mr. Larry W.
Young was the only person present to address the proposal. In
presenting his request for rezoning, he said the surrounding property
owners do not object. Upon question by Director Benafield, Mr. Jim
Lawson, Director of Comprehensive Planning, advised that several
Planning Commission members voted "no" because they felt Scott
Hamilton Drive is already commercial, and that both sides had been
debated. Following discussion, the public hearing was declared
closed, and the proposed Ordinance 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 -5260 - To rezone 8521 Scott Hamilton Drive, from "R -2' Single -
family District to "C -3" General Commercial District.)
and after a first reading of the Ordinance, there was a motion by
Director Bussey, seconded by Director Shackelford, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by 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 the second reading of the Ordinance
ensued. A subsequent motion was made by Director Bussey, again
seconded by Director Shackelford, to further suspend the rules and
place the Ordinance on third and final reading. The motion was
unanimously adopted by 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. There was a third and final reading of the
Ordinance after which an Aye and No Vote was taken on passage of the
Ordinance and resulted as follows: Ayes - Directors Bussey,
Shackelford and Benafield - total 3; Noes - Vice Mayor Priest and
Director Hollingsworth - total 2; Absent - Director Dailey and Mayor
Villines - total 2. Whereupon, it was declared that the Ordinance had
FAILED TO PASS.
Consideration was then given to Ordinance No. 15,817, containing
the following caption:
AN ORDINANCE AMENDING THE PLEASANT VALLEY LAND USE PLAN WEST OF
LOYOLA AND SOUTH OF ST. THOMAS; AND FOR OTHER MATTERS;
(Amended from multi - family to single - family for the area west of
Loyola Drive and south of St. Thomas.)
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Bussey, seconded by
Director Hollingsworth, and unanimously adopted by 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 again made
by Director Bussey and seconded by Director Shackelford, 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 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 last reading of the Ordinance. The passage of
the Ordinance was then submitted to an Aye and No Vote with the
J
a)60
February 20, '199'0','Cont'd.
response being: Ayes - Directors Bussey, Shackelford, Vice Mayor
Priest, Directors Benafield and Hollingsworth - total 5; Noes - None;
Absent - Director Dailey and Mayor Villines - total 2. Therefore, the
Ordinance was declared PASSED.
Consideration was then given to Zoning Application Z- 4039 -A filed
by Mr. Reed McConnell for Winrock Development Company, Inc., to rezone
a parcel on Loyola Drive, described as Part of the SW 1/4, Section 32
& part of Neimeyer Grove Addition, from "MF -12" Multi- family District
to "R -2" Single - family District. The application was approved by the
Planning Commission on January 30, 1990. No opposition was presented
to the proposal, and Ordinance No. 15,818 was presented, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 4039 -A - A parcel on Loyola Drive, from "NF -12" Multi - family to "R-
2" Single - family District.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Bussey and seconded by Director Hollingsworth, which was
unanimously adopted by 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. Upon second reading of the Ordinance, there
was a subsequent motion by Director Bussey that the rules again be
suspended and the Ordinance be. placed on third and final reading.
Director Shackelford seconded the motion which 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. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Bussey,
Shackelford, Vice Mayor Priest, Directors Benafield and Hollingsworth
- total 5; Noes - None; Absent - Director Dailey and Mayor Villines
- total 2. It was then announced that the Ordinance had PASSED.
Ordinance No. 15,819 was introduced next, entitled:
Introduced next was Ordinance No. 15,820, with the title being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED BARBER SHOP (Z- 5223 -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- 5223 -A - Applicant Emmett Willis, Jr. for property vested in Helen
' Whitfield, for a PCD located at 14th and Bishop Streets, described as
Lot 12, Block 16, Centennial Addition to the City of Little Rock.)
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED 8424 KANIS ROAD (Z- 4776 -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- 4776 -A - Applicant John Max Gavin for property vested in Mary Ann
and Lee Phillips, for a PCD at 8424 Kanis Road, described as Lot 3,
Michaels Subdivision; approved by Planning Commission January 16,
1990.)
with the Ordinance being read the first time. A motion followed from
Director Bussey to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Hollingsworth and
adopted by unanimous vote of the Board Members present, being five in
number and two - thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Bussey and
Shackelford, respectively, and unanimously adopted by the Board
Members present, being five 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, there was an Aye and No Vote taken on the
question, Shall the Ordinance Pass, with the results recorded as
follows: Ayes - Directors Bussey, Shackelford, Vice Mayor Priest,
Directors Benafield and Hollingsworth - total 5; Noes - None; Absent
- Director Dailey and Mayor Villines - total 2. Whereupon, the
Ordinance was declared PASSED.
Introduced next was Ordinance No. 15,820, with the title being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED BARBER SHOP (Z- 5223 -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- 5223 -A - Applicant Emmett Willis, Jr. for property vested in Helen
' Whitfield, for a PCD located at 14th and Bishop Streets, described as
Lot 12, Block 16, Centennial Addition to the City of Little Rock.)
3' "'0
February 20, 1990, Cont'd.
i
and after a first reading of the Ordinance, there was a motion by
Director Hussey, seconded by Director Hollingworth, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by 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. There was a second reading of the Ordinance
followed by a subsequent motion made and seconded by Directors Hussey
and Shackelford, respectively, to further suspend the rules and place
the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being five 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. The Aye and
No Vote taken on passage of the Ordinance received the following
response: Ayes - Directors Hussey, Shackelford, Vice Mayor Priest,
Directors Benafield and Hollingsworth - total 5; Noes - None; Absent
- Director Dailey and Mayor Villines - total 2. Therefore, the
Ordinance was declared PASSED.
Ordinance No. 15,821 was considered, described as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A "PCD" DISTRICT TITLED MANN SHORT -FORM "PCD" (Z -5276) 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 -5276 - Applicant Attorney Ben McMinn for property vested in Ivey
Mann, for a PCD on Wanda Lane at U. S. Highway 67 -70, described as
Lots 17 & 18, J. O. Dickey's Subdivision to the City of Little Rock.)
I
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Bussey and seconded by Director Hollingsworth, which was
unanimously adopted by 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. Upon second reading of the Ordinance, there
was a subsequent motion by Director Bussey that the rules again be
suspended and the Ordinance be placed on third and final reading.
Director Hollingsworth again seconded the motion which 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. The Ordinance was read the third time. Before the
vote was taken, Mr. Jim Lawson, Director of Comprehensive Planning,
made the Staff presentation. A discussion followed in which Vice
Mayor Priest said she had major concerns about how PUD's are being
used. Mr. Lawson advised that if the Ordinance fails, the property
can be used for inside sales. Director Shackelford commented that in•
this instance, we are improving something that is already there.
Following the discussion, a roll call vote was taken on passage of the
Ordinance and is recorded as follows: Ayes - Directors Bussey and
Shackelford, Vice Mayor Priest, Directors Benafield and Hollingsworth
- total 5; Noes - None; Absent - Director Dailey and Mayor Villines
'
- total 2. The Ordinance was then declared PASSED.
Ordinance No. 15,822 was considered and contained the following
title:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF SUBDIVISION
REQUIREMENTS;
(Carmel Terrace Preliminary Plat - Section 31 -256 of the Code of
Ordinances amended to allow 25 foot building lines for residential
lots fronting a minor arterial and 15 foot building line fronting a
residential street.)
with the Ordinance being read the first time, after which there was a
motion by Director Shackelford for suspension of the rules and the
placing of the Ordinance on second reading. The motion was seconded
by Director Hollingsworth, and unanimously adopted by 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. A second reading
of the Ordinance followed, with a motion being made by Director
Shackelford, again seconded by Director Hollingsworth, to further
suspend the rules and place the Ordinance on third and final reading.
With the motion having been unanimously adopted by 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
read the third and last.time. The resulting Aye and No Vote taken on
'
February 20, 1990, Cont'd.
passage of the Ordinance is herein recorded as follows: Ayes -
Directors Bussey, Shackelford, Vice Mayor Priest, Directors Benafield
and Hollingsworth - total 5; Noes - None; Absent - Director Dailey
and Mayor Villines - total 2. The Ordinance was then declared PASSED.
The next presentation was Ordinance No. 15,823, with the title
being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF SUBDIVISION
REQUIREMENTS;
(St. Michael's Preliminary Plat - amending Sections 31 -257, 31 -209 and
31 -256 of the Code of Ordinances to provide waiver of subdivision
requirements to allow double frontage lots; minimum horizontal radius
at center line of 75 feet; 15 foot building lines on Lots 19, 20 and
21; and sidewalks on Lots 21 -39.)
and there was a first reading of the Ordinance. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Shackelford and seconded by Director Hollingsworth, which was
unanimously adopted by 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. Upon second reading of the Ordinance, there
was a subsequent motion by Director Shackelford that the rules again
be suspended and the Ordinance be placed on third and final reading.
Director Hollingsworth seconded the motion which 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. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the response being: Ayes - Directors Bussey, Shackelford, Vice Mayor
Priest, Directors Benafield and Hollingsworth - total 5; Noes - None;
Absent - Director Dailey and Mayor Villines - total 2. Whereupon, the
Ordinance was declared PASSED.
Ordinance No. 15,824 was considered, 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;
(Chenal Valley, Blocks 7 and 8 Preliminary Plat - Chapter 31 of the
Code of Ordinances amended to provide waiver of subdivision
requirements in order to allow double frontage lots and minimum
horizontal radius at center line.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Shackelford and seconded by Director Hollingsworth, which was
unanimously adopted by 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. Upon second reading of the Ordinance, there
was a subsequent motion made by Director Shackelford that the rules be
further suspended and the Ordinance be placed on third and final
reading. Director Hollingsworth seconded the motion which 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. A third and last reading of the Ordinance
ensued, followed by an Aye and No Vote taken on passage of the
Ordinance, with the results recorded as follows: Ayes - Directors
Bussey, Shackelford, Vice Mayor Priest, Directors Benafield and
Hollingsworth - total 5; Noes - None; Absent - Director Dailey and
Mayor Villines - total 2. Therefore, the Ordinance was declared
PASSED.
The next presentation was Ordinance No. 15,825, with the title
being:
AN ORDINANCE APPROPRIATING $100,000 FROM THE 1987 BOND FUND
INTEREST FOR RENOVATION OF THE DUNBAR COMMUNITY CENTER;
(From Account #301 -8011)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Shackelford, seconded by Director Hollingsworth, and by unanimous vote
of the members of the Board of Directors present, being five in number
3'11
3';Z
February 20, 1990, Cont'd.
and two- thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Shackelford, again seconded by Director
Hollingsworth, that the rules be further suspended and the Ordinance
be placed on third and final reading. The motion was unanimously
adopted by 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; whereupon, the Ordinance was then read the third and
last time. An Aye and No Vote was taken on passage of the Ordinance
which resulted as herein recorded: Ayes - Directors Bussey,
Shackelford, Vice Mayor Priest, Directors Benafield and Hollingsworth
- total 5; Noes - None; Absent - Director Dailey and Mayor Villines
- total 2. Vice Mayor Priest then announced that the Ordinance had
PASSED.
Introduced next was ordinance No. 15,8261 containing the
following caption:
AN ORDINANCE APPROPRIATING FUNDS FROM THE CITY'S ECONOMIC
DEVELOPMENT FUND FOR CONSULTING ENGINEERING SERVICES FOR DESIGN, BID
AND CONSTRUCTION SUPERVISION OF RAMP IMPROVEMENTS AT THE LITTLE ROCK
REGIONAL AIRPORT; AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH GARVER AND GARVER, P.A. FOR ENGINEERING SERVICES; AND
FOR OTHER PURPOSES;
($230,125 plus out -of- pocket expenses for independent soil and
material laboratory testing services not to exceed an additional
$45,000.)
and the Ordinance was read the first time, followed by a motion by
Director Shackelford, seconded by Director Hollingsworth, that the
rules be suspended and the Ordinance be placed on second reading. 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 a second reading of the
Ordinance ensued. A motion was then made for a further suspension of
the rules to provide for the third and last reading of.the Ordinance,
with the motion being made by Director Shackelford, again seconded by
Director Hollingsworth, and unanimously adopted by 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 read the third and last time, and there was an Aye and No Vote
taken on the question, Shall the Ordinance Pass, with the response
being: Ayes - Directors Bussey, Shackelford, Vice Mayor Priest,
Directors Benafield and Hollingsworth - total 5; Noes - None; Absent
- Director Dailey and Mayor Villines total 2. The Ordinance was
then declared PASSED.
The last matter to be considered was Ordinance No. 15,827,
entitled:
AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE
BIDDING AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO THE
FIRM OF O'LEARY, BROKAW AND ASSOCIATES FOR THE PROVISION OF ACTIVITIES
AND TRAINING IN ASSESSMENT CENTER AND WORK SIMULATION METHODOLOGY;
(Not to exceed $18,000)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Shackelford, seconded by Director Hollingsworth, and 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.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Shackelford, again seconded by Director
Hollingsworth, that the rules be suspended and the Ordinance be placed
on third and final reading. The motion was unanimously adopted by
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;
whereupon, the Ordinance was then read the third and last time. An
Aye and No Vote was taken on passage of the Ordinance which resulted
as herein recorded: Ayes - Directors Bussey, Shackelford, Vice Mayor
Priest, Directors Benafield and Hollingsworth - total 5; Noes - None;
Absent - Director Dailey and Mayor Villines - total 2. It was
announced that the Ordinance had PASSED.
L__I
February 20, 1990, Cont'd.
There being no further business to be presented, Vice Mayor
Priest declared the Board of Directors in recess at 9:00 o'clock P.
M., with the Board of Directors to reconvene on Wednesday, February
28, 1990, at 1:30 o'clock P. M., to consider a franchise agreement
with Spaghetti Warehouse, Inc. for use of a portion of East Third and
McLean Streets for renovation of the former Choctaw Railroad Station.
APPROVED: ( ATTEST:
City (Clerk Jane Czech Vice Mayor Sharon Priest
* * * * * * * * * *
I�
3'73
3'i'4
Board of Directors Chamber
Little Rock, Arkansas
February 28, 1990 - 1:30 P. M.
The Board of Directors of the City of Little Rock, Arkansas,
reconvened from the February 20, 19901 regular Board Meeting with
Mayor Floyd G. Villines presiding. Jane Czech, City Clerk, called the
roll with the following Directors present: Directors Priest,
Benafield, Hollingsworth, Shackelford and Dailey - total 5; Absent -
Director Bussey - total 1.
with a quorum present, Mayor Villines declared the Board of
Directors in session.
To begin the meeting Mayor Villines made a presentation of the
first "Spirit of Flag Award" to Mr. Roland R. "Rollie" Remmel on the
first anniversay of the presentation of Little Rock's first flag. Mr.
Remmel has always been an outspoken enthusiast and has spent much time
in promoting the City of Little Rock; therefore, he is the first '
recipient of this award.
The other matter to be considered was Resolution No. 8,269,
entitled:
A RESOLUTION AUTHORIZING A FRANCHISE AGREEMENT WITH SPAGHETTI
WAREHOUSE, INC. FOR USE OF A PORTION OF EAST THIRD AND McLEAN STREETS
FOR RENOVATION OF THE FORMER CHOCTAW RAILROAD STATION;
with the Resolution being presented as read, on February 20, 1990. A
lengthy discussion followed with Mr. James Aitken, Vice President for
design and construction for Old Spaghetti Warehouse, Inc., speaking
first. Mr. Aitken stated that his company and the Arkansas Gazette,
who opposes the franchise, had been unable to reach an agreement. The
restaurant requested a franchise to a 13- foot -deep, 300- foot -long-
strip on the north side of Third Street. The Gazette objects to the
franchise because tractor - trailer trucks use the right -of -way to
deliver paper to the printing plant at Third and Byrd Streets. Mr.
Aitken said he believes that Third Street is big enough for both his
restaurant and the Gazette. Also, that his firm wants to be a "good
neighbor ", but does not believe the franchise will impose anything
upon the Gazette.
Director Bussey was enrolled.
Attorney Paul Hoover, representing the Gazette, spoke in opposition to
the franchise. He said "we welcome the Spaghetti House; we want to be ,
a good neighbor; but we view this franchise as a street closure." He
further stated this would impact on loading and unloading paper at the
printing plant. Director Benafield questioned Mr. Hoover regarding
the loss of 100 jobs if the franchise is not approved. He replied,
"we want them here, but it severely impacts our operation." Mr.
Richard Wood, of the Department of Comprehensive Planning made the
Staff presentation. He displayed sketches of the Third Street
proposal and said the Staff had recommended approval of the request.
Further, that street regulations dictate the restaurant must build a
curb along the north edge of the 36 -foot street. Mr. Ron Tabor of
Flake and Company, representing FGS Properties, speaking for the
franchise, advised the strip was considered part of the old station,
not the printing plant, when it was sold. Mr. Don Venhaus, a
consultant to the Gazette, spoke in opposition to the proposal.
Following the lengthy discussion, the vote was taken on adoption of
the Resolution, with the response being: Ayes - Directors Priest,
Benafield, Hollingsworth, Bussey, Shackelford, Dailey and Mayor
Villines - total 7; Noes - None; Absent - None.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 3:10 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, March 6, 1990,
at 6:00 o'clock P. M.
ATTEST: a4 t`'i�� APPROVED: �� 1��
Cit Clerk Jane Czech Mayor Floy G. Villines, III
Ijf
3'75
Board of Directors Chamber
Little Rock, Arkansas
March 6, 1990 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech was present and called the roll- with the following
Directors in attendance: Directors Priest, Benafield, Hollingsworth,
Bussey and Dailey - total 5; Absent - Director Shackelford - total 1.
(b) The Audit Report of the Little Rock Wastewater Utility for
1989.
(c) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of January, 1990.
(d) Resolution No. 8,270, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
GRANT RIGHT -OF -WAY EASEMENTS TO THE LITTLE ROCK SANITARY SEWER
COMMITTEE AND THE LITTLE ROCK WASTEWATER UTILITY FOR THE PURPOSE OF
REPLACING A MAJOR TRUNK LINE AT HINDMAN PARK.
(e) Resolution No. 8,271, with the title being:
A RESOLUTION AUTHORIZING THE LITTLE ROCK PRIVATE
INDUSTRY COUNCIL TO ALLOCATE REMAINING JTPA TITLE IIA FUNDS FROM
PROGRAM YEAR 1989. (Classroom Training - $166,361.93; Youth
Opportunities Unlimited - $162,500.00; and Administration -
$21,016.92; for a total of $349,878.85.)
(f) Resolution No. 8,272, described as:
A RESOLUTION AUTHORIZING A THIRTY DAY EXTENSION OF THE
AGREEMENT WITH CENTRAL ARKANSAS TRANSIT.
By motion from Director Priest, 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 meeting held February 20, 1990, and the reconvened meeting
held February 28, 1990, were approved as written and summarized to the
members of the Board of Directors; (b) The Audit Report of the Little
Rock Wastewater Utility for 1989, was received and filed; (c) The
Comparative Statement of Income Account of the Little Rock Municipal
Water Works for the month of January, 1990, was received and filed;
(d, e & f) Resolutions No. 8,170, 8,171 and 8,172, were read in full
and adopted by unanimous voice vote of the Board Members present.
At this time, Mayor Villines announced that a number of
Certificates of Appreciation would be presented to members of various
boards and commissions whose terms have expired, or who have resigned.
Director Hollingsworth presented a certificate to Mr. Dave T. Ryan,
who served on the Electrical Code Board of Appeals.
Director Shackelford was enrolled.
Mayor Villines announced
that a quorum was
present and
the
proceedings of the meeting are
recorded as follows.
Mr. Steve Kinzler and Mr. Bob Whatley, who served on the Safety
'
The Invocation was given
by Mayor Villines
in the absence
of
Director Shackelford.
The Consent Agenda was the first presentation,
consisting of
the
following items:
(a) The approval of the
Minutes of the previous
Board Meeting
'
held February 20, 1990, and the Reconvened Meeting
held February
28,
1990.
(b) The Audit Report of the Little Rock Wastewater Utility for
1989.
(c) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of January, 1990.
(d) Resolution No. 8,270, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
GRANT RIGHT -OF -WAY EASEMENTS TO THE LITTLE ROCK SANITARY SEWER
COMMITTEE AND THE LITTLE ROCK WASTEWATER UTILITY FOR THE PURPOSE OF
REPLACING A MAJOR TRUNK LINE AT HINDMAN PARK.
(e) Resolution No. 8,271, with the title being:
A RESOLUTION AUTHORIZING THE LITTLE ROCK PRIVATE
INDUSTRY COUNCIL TO ALLOCATE REMAINING JTPA TITLE IIA FUNDS FROM
PROGRAM YEAR 1989. (Classroom Training - $166,361.93; Youth
Opportunities Unlimited - $162,500.00; and Administration -
$21,016.92; for a total of $349,878.85.)
(f) Resolution No. 8,272, described as:
A RESOLUTION AUTHORIZING A THIRTY DAY EXTENSION OF THE
AGREEMENT WITH CENTRAL ARKANSAS TRANSIT.
By motion from Director Priest, 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 meeting held February 20, 1990, and the reconvened meeting
held February 28, 1990, were approved as written and summarized to the
members of the Board of Directors; (b) The Audit Report of the Little
Rock Wastewater Utility for 1989, was received and filed; (c) The
Comparative Statement of Income Account of the Little Rock Municipal
Water Works for the month of January, 1990, was received and filed;
(d, e & f) Resolutions No. 8,170, 8,171 and 8,172, were read in full
and adopted by unanimous voice vote of the Board Members present.
At this time, Mayor Villines announced that a number of
Certificates of Appreciation would be presented to members of various
boards and commissions whose terms have expired, or who have resigned.
Director Hollingsworth presented a certificate to Mr. Dave T. Ryan,
who served on the Electrical Code Board of Appeals.
Director Shackelford was enrolled.
Commission. Director Priest presented a certificate to Mr. David
Certificates were presented to Mr. William F. Rector, Jr. and Mr. John
V. Schlereth, by Director Benafield, for their service on the Planning
Commission. Director Shackelford made presentations to Mr. Bob James,
Mr. Steve Kinzler and Mr. Bob Whatley, who served on the Safety
'
Commission. Director Priest presented a certificate to Mr. David
March 6, 1990, Cont'd.
Bazzel who served on the City Beautiful Commission; and Director
Bussey presented Dr. LeRoy T. Williams' certificate for his tenure on
the Housing Authority Board. ' Mr. Richard Holbert, Mr. William E.
Blazer, Jr. and Mr. Tad Phillips were absent and certificates will be
mailed to them: ' - -
Mayor Villines announced that the Governmental Finance Officers
Association of the United States and Canada (GFOA) has announced that
the City of Little Rock has received the Certificate of Achievement
for Excellence in Financial Reporting for 1988. This is the highest
level of recognition for financial reporting made by GFOA. It denotes
strict conformance with generally accepted accounting principles, and
governmental accounting and financial reporting standards promulgated
by the Governmental Account Standards Board and GFOA. This is the
second national award received by the City within the last two months.
Little Rock received. the Distinguished Budget Presentation Award for
1989 in December, as one of only 400 governmental entities receiving
the distinction out of over 11,000 GFOA affiliates. Mayor Vilillnes
congratulated Mr. John Pryor, Director of Finance „. -andc•presented••-the;.
award plaque to him.
At the time allotted for Citizen Communications, Mr. John R.
Haynes, 10315 Nash Lane in Mabelvale, was the only speaker. He
complained that nothing has been done about the vacant run -down house
at 10323 Nash Lane that was condemned several years ago. %He.said the,
property is a disgrace and hinders property sales in the area. City
Manager Tom Dalton said he will have a report on the property for Mr.
Haynes, within the next two days.
Zoning Application Z -5287 from Mr. .Sam B. Reynolds for B. G.
Montgomery, was introduced next. The application to rezone 5922 South
University Avenue (long .legal :,description),-,.•from :E. "C -3" Generalli
Commercial District to "C -4” Open Display District, was approved by
the Planning Commission on February 13, 1990. No opposition to the
rezoning was presented and Ordinance No. 15,828 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;
(Z -5287 - 5922 South University Avenue, from "C -3" General Commercial
District to 'C -4" Open Display District.)
and after a first reading of the Ordinance, there was a motion by':
Director Hussey, seconded by Director Priest, to suspend the rules and:
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Hussey and
Dailey, respectively, to further suspend the rules :'and pl'ace" th'e
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being seven 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. The Aye and No Vote
taken -- on 'passage .of the Ordinance received --the following response:•
Ayes - Mayor Villines, Directors Priest, Benafield, Hollingsworth,
Hussey; Shackelford `and Dailey - r•total 7; ,`Noes - None; Absent-
None. The Ordinance was then declared PASSED.
The next presentation was Zoning Application 2-5289, filed by Mr.
Andrew Baden for National Pizza Company. Title to the property is
vested in Lillie Mae Davis, Route 5, Box 172, Alexander, Arkansas.
The application requested the reclassification of 5804 Baseline Road
(long legal description), from "R -2" Single - family District to "C -3"
General Commercial District. The Planning Commission approved the
zoning change on February 13, 1990. No one opposed the
reclassification and Ordinance No. 15,829 was presented, containing
the following caption:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF.LLTTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5289 - 5804 Baseline Road, from 'R -2' Single - family to 'C -3'
General Commercial District.) •• • I n
r
March 6.'1990, Cont'd.
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Bussey and seconded by Director Priest, which was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. Upon second reading of the Ordinance, there was a
subsequent motion by Director Bussey that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Dailey seconded the motion which was adopted by unanimous vote of the
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect. A
third and last reading of the Ordinance ensued, followed by an Aye and
No Vote taken on passage of the Ordinance, with the results recorded
as follows: Ayes - Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Bussey, Shackelford and Dailey - total 7; Noes - None;
Absent - None. Whereupon, the Ordinance was declared PASSED.
Ordinance No. 15,830 was considered, with the title being:
AN ORDINANCE APPROPRIATING FUNDS FROM THE UNAPPROPRIATED BALANCE
OF THE CITY'S GENERAL FUND FOR ELECTRICAL SYSTEM REPAIRS TO THE POLICE
AND JAIL BUILDING; AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH BRADSHAW -CLARK ELECTRIC COMPANY FOR ELECTRICAL SYSTEM
REPAIRS;
(Contract not to exceed $154,721.00)
with the Ordinance being read the first time, after which there was a
motion by Director Bussey for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Priest, and unanimously adopted by members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect. A second reading of the
Ordinance followed, with a motion again being made by Director Bussey
and seconded by Director Dailey, to further suspend the rules and
place the Ordinance on third and final reading. With the motion
having been unanimously adopted by members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect, the Ordinance was read the third and
last time. The resulting Aye and No Vote taken on the question, Shall
the Ordinance Pass, received the following response: Ayes - Mayor
Villines, Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford and Dailey - total 7; Noes - None; Absent - None. The
Ordinance was then declared PASSED.
Responding to a request by Director Benafield, Police Chief Louie
Caudell gave a report on the 13 percent increase in crimes from 1988
to 1989. Chief Caudell told the Board that some reasons for the
increase are obvious, like illegal drugs and crowded jails. He also
cited a change in a state law that allows officers to make arrests on
the basis of complaints in domestic violence cases and increases in
the reporting of rapes because victims believe they will be treated
fairly by investigators. Chief Caudell advised that he's authorized
overtime for officers to increase patrols. He also responded to
recent reports that some areas of the City don't have police officers
assigned to them at certain times, by explaining the City is divided
into 22 districts and the decision was made recently to increase the
number of officers on duty when police calls are heaviest. That has
meant that fewer officers are on duty at slower times, he added. The
1990 budget for the Police Department was increased in the amount of
$2,000,000 for new police programs this year, including 20 additional
patrol officers. Director Benafield commented that "we've got to stop
crime some way, and we may need to implement a real drastic course of
action if what's in place now doesn't work."
At 7:00 o'clock P. M., Mayor Villines announced that the Board of
Directors would recess to executive session in the Board's Conference
Room, for the purpose of considering appointments to various Boards
and Commissions.
When the Board of Directors reconvened at 7:50 o'clock P. M. from
executive session, Mayor Villines presided and the following Directors
answered roll call: Directors Priest, Benafield, Hollingsworth,
Shackelford and Dailey - total 5; Absent - Director Bussey - total 1.
`,'77
3'r�
March 6, 1990, Cont'd.
Resolution No. 8,273 was presented, entitled:
A RESOLUTION MAKING APPOINTMENTS TO THE BOARD OF ADJUSTMENT, CITY
BEAUTIFUL COMMISSION, AND THE HISTORIC DISTRICT COMMISSION;
(Board of Adjustment - Mr. John Borchert, Jr.; City Beautiful
Commission - Mr. David Porter; Historic District Commission - Mr.
John E. Bush.)
with the Resolution being read in its entirety. A motion was made by
Director Priest and seconded by Director Hollingsworth, that the
Resolution be adopted. The Resolution was adopted by voice vote of
the Board Members present.
Mayor Villines announced that the Board of Directors had approved
a leave of absence for City Attorney Mark Stodola, if necessary; from
April 4, 1990 to May 29, 1990. He also stated that if Mr. Stodola
exercises the leave of absence, City Manager Tom Dalton will recommend an
interim replacement.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 8:00 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, March 20, 1990,
at 6:00 o'clock P. M.
ATTEST: (`? APPROVED: 44 2r • Oj c
City Clerk Jane Czech Mayor Floyd G. Villines, III
* * * * * * * * * * * *
3
Board of Directors Chamber
Little Rock, Arkansas
March 20, 1990 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech was present and called the roll with the following
Directors in attendance: Directors Priest, Benafield, Hollingsworth,
Bussey, Shackelford and Dailey - total 6; Absent - None.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Director Dailey.
The first presentation was the Consent Agenda consisting of the
following items:
(a) The reading of the Minutes of the previous Board of
Directors Meeting held March 6, 1990.
(b) The 1989 Audit Report of the Little Rock Port Authority.
(c) A Motion to set the date for public hearing on April 3,
1990, for the 1990 -91 CDBG Program.
(d) Resolution No. 8,274, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF RADIO COMMUNICATIONS
EQUIPMENT, THREE POLICE SEDANS, AND A LANDFILL DOZER FOR THE
DEPARTMENT OF HUMAN AND GENERAL SERVICES /FLEET SERVICES DIVISION; AND
PROTECTIVE CLOTHING FOR THE FIRE DEPARTMENT. (Mr. Paul Wittenburg,
17201 Lawson Road, asked the Board to reconsider the bids on
protective clothing for the Fire Department. Mr. Wittenburg said his
bid met specifications and when questioned by Director Benafield
replied, "it was our intent to meet the specifications." Fire Chief
Webb advised that three bids were submitted and that the Casco
shoulder pad, in the bid submitted by Mr. Wittenburg, did not meet
specifications, which would have an overall safety effect on the coat.
The bid was awarded to Ram Wear.)
(e) Resolution No. 8,275, with the title being:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A QUITCLAIM DEED CONVEYING THE RIGHT OF WAY DESCRIBED IN
EXHIBIT A TO THE I -630 TO HIGHWAY 10 PROPERTY OWNER'S IMPROVEMENT
DISTRICT NO. 338. (Part of Lots 3 & 4, Autumnwood Subdivision to the
City of Little Rock.)
By a motion from Director Priest, seconded by Director Dailey, which
was adopted by unanimous vote of the Board Members present, Items a,
b, c, d and e, were dispensed with as follows: (a) The Minutes of
the previous Board Meeting held March 6, 1990, were approved as
written and summarized to the members of the Board of Directors; (b)
The 1989 Audit Report of the Little Rock Port Authority was received
and filed; (c) Motion was made and adopted to set the date for public
hearing on April 31 1990, for the 1990 -91 CDBG Program; and (d & e)
Resolutions No. 8,274 and 8,275 were read in full and unanimously
adopted by the Board Members present.
At the time allotted for Citizen Communications, Ms. Eleanor
Mille', #4 Amherst Cove, State Director of S.C.A.N. Services, Inc.
(child abuse), was the only person to address the Board. She stated
that S.C.A.N. has a deficit of $32,000 and requested any help the
Board could give. Ms. Mille' further stated that she would also
contact other entities for assistance. A brief discussion ensued
among Board Members with Director Benafield suggesting that these
types of requests should be presented during the budget process.
Director Shackelford didn't want to leave the impression the Board is
soliciting agencies to come and ask for funds. Mayor Villines
suggested that City Manager Tom Dalton review the Budget to determine
' III if any funds are available, and to check with other entities regarding
their participation.
GNU
MARCH 20, 1990, Cont'd.
Ordinance No. 15,831 was presented, with the title being:
AN ORDINANCE DISSOLVING STREET IMPROVEMENT DISTRICT NO. 627 OF
LITTLE ROCK, ARKANSAS;
(Located on Alameda Drive from 29th to 32nd Street.)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Shackelford, and by unanimous vote of the
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Dailey, seconded by Director Shackelford, that the
rules be further suspended and the Ordinance be placed on third and
final reading. The motion was unanimously adopted by members of the
Board of Directors present, being seven in number and two- thirds or
more of the members of the Board of Directors - elect; whereupon, the
Ordinance was then read the third and last time. An Aye and No Vote
was taken on passage of the Ordinance which resulted as herein
recorded: Ayes - Director Dailey, Mayor Villines, Directors Priest,
Benafield, Hollingsworth, Bussey and Shackelford - total 7; Noes -
None; Absent - None. Therefore, the Ordinance was'declared PASSED. '
A lengthy presentation and discussion was held on the designation
of a Little Rock metropolitan park site. Mr. Charles Nickerson,
Assistant City Manager, made the Staff presentation and displayed maps
of the various sites to be considered. He advised that the Staff had
received a letter from Mr. Bruce Bartley stating that Mr. Chuck Wood,
who filed the proposal for Site V, does not have control of the 196
acres included in that site, because he did not furnish earnest money
when the offer was signed. Director Benafield advised that for the
record, he has an interest in this site. Referring to the map
containing five proposed park sites, Mayor Villines stated that Site
No. 1, the most northern site, was being eliminated; and Site V
ranking first with 77 points, was being eliminated because of lack of
clarity of ownership. Mayor Villines further explained that Site III
ranking second, received 74 points; Site IV ranking third, received 54
points; and Site II ranking fourth, received 43 points. Mr. Chuck
Wood, 9101 Auxor Road, Apt. B -11, said that he was unaware of the
ownership problem related to Site V; adding, "I have an agreement
signed by Mr. Bruce Bartley as controlling partner to buy that
property, and I have come up with an ideal park site." City Attorney
Mark Stodola stated that the issue was between Mr. Wood and Mr.
Bartley, and if the Board wants to, it can consider the site,
recognizing the cloud of ownership. Mr. Wood then made a presentation
on Park Site V. Mr. George Hirrill, P. O. Box 101, Mabelvale, spoke
to the Board as a part property owner of Site V. Mr. Hirrill said
Southwest Little Rock has hardly no park area at all; the utilities
are there; cost of development would not be great; and that the Park
Staff made a wise recommendation in ranking the site first. Mr.
Rollin Caristianos, 14216 Hinson Road, currently with Prudential McKay
Properties, and who worked with Danny Thomas for two years on the
Lawson Road Site (III), asked the Board to give consideration to this
site and his two years of work. The site coantains 450 acres at a
cost of $2,222.00 per acre, and is 808 developable. Mr. Danny Thomas,
20 Pebble Beach Drive, representing property owners known as the
Lawson Road Site (III), spoke in support of the site. He pointed out
the site contains 200 more acres than was advertised, and the only
negative part of it is that it is located south of the corridor. He
charged the selection process had become "politics at its worst." The
other speaker for Site III was Attorney Tom Prince, representing Danny
Thomas. He presented a map of the site and pointed out the features
of a metropolitan park, which included softball and soccer fields and
tennis courts. in conclusion, Mr. Prince said that Site III is only
one and one -half miles outside the corridor and asked for the Board's
consideration. Attorney David P. Henry, 2224 Cottondale, representing
Site II (the McDaniel - Linkous Site), told the Board this site was more
in keeping with the City's own 1983 Master Parks Plan, which calls for
the preservation of natural features and scenic areas of a site. Mr.
Henry stated he agrees that the Board has a responsibility to purchase
a park site in West Little Rock, and that this would make a good park
site. He charged the Staff has not considered location and has not
followed policy dictations of this Board in this process. Mr. Henry
introduced Mr. Terry Cheek of Schrickel, Rollins & Associates of
Dallas, Texas, who holds degrees and has expertise in park planning. '
He gave a slide presentation of Site II, showing none of the land in
the floodplain, and pointed out the positive aspects of this site. In
301
i
MARCH 20, 1990, Cont'd.
closing he said Site II is the better site for a metropolitan park and
has the best natural features. Mr. Cheek then answered questions by
Directors Benafield and Hollingsworth.
At 8:15 o'clock P. M., Mayor Villines announced there would be
a fifteen minute recess.
When the Board of Directors reconvened at 8:30 o'clock P. M.,
Mayor Villines presided with all Board Members present.
Following the recess, Mr. Henry continued his presentation by showing
pictures he had taken of Site III, and stressed the importance of
accessibility and location. He answered questions by Directors
Hollingsworth and Benafield. Discussion continued and Director
Shackelford commented that "we haven't gotten anywhere on the issue of
a park - we encourage people to come down and for some reason, this
whole thing is taking on the air of a court room." Mr. Ken Williams,
#1 Fox Ridge, spoke in support of Site III saying he had walked the
land and in his opinion, there was no reason to consider Site II.
Attorney John Walker, 1723 Broadway, was the last speaker. He asked
the Board to defeat all these issues and conduct a demographic study
before selecting a park site., He spoke at length regarding the
shifting of people, saying Little Rock is a shifting community rather
than a community of growth, and pointed out that all the proposed park
sites are outside the Little Rock School District. City Manager Tom
Dalton reminded Mr. Walker that the Bond Issue did attempt to address
a panoramic view of the City, and the Bond Issue did not call for a
park in West Little Rock. It called for the acquisition of land for
the development of a park, years into the future, as growth continues.
He pointed out that of the $8,000,000 that is in the Bond Issue as it
relates to park programs, 20% goes to a major recreational facility at
War Memorial Park which is clearly a regional park facility to serve
East and Central Little Rock and the entire City. Another $1,200,000
goes for a recreational facility program for senior citizens in the
area of 12th Street and University Avenue. Take those two projects
alone and add improvements to Dunbar and other facilities, which will
amount to well over 50% of the Bond Issue going toward programming for
the existing City. At this time, Mayor Villines said "we have four
sites before us." Site 5 was presented, but does not have Staff
recommendation. In answer to a question from Director Benafield
regarding conflict of interest, City Attorney Mark Stodola stated any
person with a conflict of interest should refrain from voting on the
site. Mayor Villines then asked that the proposed Resolution be read,
with the title being:
A RESOLUTION ACCEPTING THE STAFF REPORT ON WLR PARK ACQUISITION,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE PURCHASE OF A PARK SITE;
AND FOR OTHER PURPOSES;
' (The proposed Resolution contained a blank to be filled in with the
Park Site selected by vote.)
and there was a complete reading of the Resolution. Mayor Villines
then called for a vote on Site V with the results recorded as follows:
Ayes - None; Noes - Directors Priest, Hollingsworth, Bussey,
Shackelford and Mayor Villines - total 5; Abstentions - Directors
Benafield and Dailey - total 2; Absent - None. A vote was then taken
on Site III with the response being: Ayes - Directors Benafield,
Hollingsworth and Bussey - total 3; Noes - Directors Priest,
Shackelford and Mayor Villines - total 3; Abstentions - Director
Dailey - total 1; Absent - None. The following vote was then taken on
Site IV: Ayes - None; Noes - Directors Priest, Benafield,
Hollingsworth, Bussey, Shackelford and Mayor Villines - total 6;
Abstentions - Director Dailey - total 1; Absent - None. The last site
to be voted on was Site II with the response being: Ayes - Director
Priest and Mayor Villines - total 2; Noes - Directors Benafield,
Hollingsworth and Bussey - total 3; Abstentions - Director Dailey -
total 1; Present and Not Voting - Director Shackelford - total 1;
Absent - None. With none of the proposed Park Sites receiving a
favorable vote, NO FURTHER ACTION WAS TAKEN ON ADOPTION OF THE
RESOLUTION.
Director Dailey requested that a motion be placed on the next
agenda to set a date for a public hearing to reconsider Zoning Appeal
Z -5260, to rezone 8521 Scott Hamilton Drive, from "R -2" Single - family
to "C -3" General Commercial District. A public hearing was held
' III February 20, 1990 and the Ordinance was considered, which failed by
vote of 3 ayes, 2 noes, 2 absent. Director Dailey was absent at the
2
MARCH 20, 1990, Cont'd.
February 20th meeting; therefore, he is asking for reconsideration of
the Ordinance on April 17, 1990. The matter will be placed on the
April 3rd Agenda to set the date for public hearing April 17, 1990.
At this point, Mayor Villines advised that an ordinance of the
City of Bryant has passed the second reading that would annex
properties that would abrogate our existing water agreement with the
City of Bryant in terms of growth policy and annexation. with
concurrence of the Board, he asked that City Manager Tom Dalton be
directed to clearly and concisely, by letter, convey our concern about
the abrogation of that agreement and the potential resulting action
thereof. The Board Members concurred.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 10:00 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, April 3, 1990,
at 6:00 o'clock P. M.
ATTEST
City Clerk
Jane Czech
APPROVED: �64
Mayor Floyd G. Villines, III
* * * * * * * * * * * * * *
E
Board of Directors Chamber
Little Rock, Arkansas
April 31 1990 - 6:00 P. M.
The Board of Directors of the .City of Little Rock, Arkansas met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Hollingsworth, Shackelford and Dailey - total 4;
Absent - Directors Benafield and Bussey - total 2.
The Invocation was given by Mayor Villines.
The first matter to be presented was the Consent Agenda,
consisting of the following items:
(a) The reading of the Minutes of the previous meeting held
March 20, 1990.
(b) Resolution No. 8,276, entitled:
I
I A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
GRANT A RIGHT -OF -WAY EASEMENT TO THE LITTLE ROCK SANITARY SEWER
COMMITTEE AND THE LITTLE ROCK WASTEWATER UTILITY FOR THE PURPOSE OF
REPLACING A MAJOR TRUNK LINE AT HINDMAN PARK.
(c) Resolution No. 81277, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR STREET AND DRAINAGE IMPROVEMENTS ON NORTH
HARRIS STREET IN THE PANKEY ADDITION, AND ON SOUTH MADISON STREET.
(Hobbs Contractors not to exceed $76,083.00, and Hogan Construction
Company not to exceed $98,396.05, respectively.)
(d) Resolution No. 8,278, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR PURCHASE OF TELEPHONE EQUIPMENT AND
REPLACEMENT FOR THE CITY'S PHONE SYSTEM FOR THE DEPARTMENT OF HUMAN
AND GENERAL SERVICES. (Contract to Heritage Communications not to
exceed $50,000.)
(e) Resolution No. 8,279, containing the following caption:
A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK
TO ENTER INTO A CONTRACT FOR THE PURCHASE OF LAND IN THE FOURCHE
BOTTOMS FROM THE A. GEE ESTATE. (For purchase of a 40 acre tract and
an 11 acre tract for $600.00 per acre, with the total being
$30,600.00.)
(f) Resolution No. 8,280, entitled:
A RESOLUTION AUTHORIZING THE LITTLE ROCK PRIVATE
INDUSTRY COUNCIL TO EXPEND JOB TRAINING PARTNERSHIP ACT (JTPA) FUNDS
FOR THE PROGRAM YEAR JULY 1, 1990 THROUGH JUNE 30, 1991. (Title IIA -
$1,024,572.00; Title III - Economic Dislocation Worker Adjustment
Assistance Act - $177,949.00; and Title IIB - Summer Youth Employment
Training Program (SYETP) - $515,446.00.)
(g) A motion to set the date for public hearing on April 17,
1990, to reconsider Zoning Appeal (Z -5260) to rezone 8521 Scott
Hamilton Drive, from "R -2" Single - family to "C -3" General Commercial
District. (Denied by Planning Commission 12- 12 -89. Reconsidered at
request of Director who was absent at 2 -20 Board Meeting.)
(h) Resolution No. 80281, with the title being:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE GILMAN STREET BETWEEN 26TH AND 25TH
STREETS, IN THE PINE HILL HOMES ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS. (Public Hearing date to be 4- 17 -90.)
383
I
April 3, 1990, Cont'd.
li
M Resolution No. 8,282, described as:
I
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE ROCK CREEK PARKWAY BETWEEN CHENAL PARKWAY
AND (NEW) WEST MARKHAM STREET IN LITTLE ROCK, ARKANSAS. (Public
Hearing date to be 4- 17 -90.)
(j) Resolution No. 8,283, containing the following heading:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE (OLD) WEST MARKHAM STREET FROM THE
INTERSECTION OF (NEW) WEST MARKHAM STREET AND ROCK CREEK PARKWAY WEST
TO THE SOUTHEASTERLY ROW LINE OF (NEW) WEST MARKHAM STREET, LESS AND
EXCEPT THAT PORTION WITHIN THE ROW OF CHENAL PARKWAY. (Public Hearing
date to be 4- 17 -90.)
(k) Resolution No. 8,284, entitled:
A RESOLUTION AUTHORIZING AN EXTENSION OF THE AGREEMENT
WITH CENTRAL ARKANSAS TRANSIT. (For not less than 30 nor more than 90
days as an addendum to the existing agreement currently in effect.)
(1) Resolution No. 8,285, described as:
I
A RESOLUTION SETTING THE DATE FOR PUBLIC HEARING ON THE
'
ANNEXATION OF CERTAIN PROPERTY TO CARRIAGE CREEK PROPERTY OWNERS
IMPROVEMENT DISTRICT NO. 639 OF LITTLE ROCK, ARKANSAS. (Public
Hearing date to be 4- 17 -90.)
By a motion from Director Dailey, seconded by Director Priest, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
March 20, 1990, Board of Directors Meeting were approved as written
and summarized to members of the Board of Directors; (b, c, d, e & f)
Resolutions No. 8,276, 8,277, 8,278, 8,279 and 8,280 were read in full
and unanimously adopted by the Board Members present; (g) Motion was
made and adopted to set a public hearing on April 17, 1990, to
reconsider Zoning Appeal Z -5260 to rezone 8521 Scott Hamilton Drive,
from "R -2" single- family to "C -3" general commercial district; and (
h, i, j, k and 1) Resolutions No. 8,281, 8,282, 8,283, 8,284 and 8,285
were read in full and unanimously adopted by the Board Members
present.
Director Bussey was enrolled.
Noting that Storer Cable Communications will be increasing the
basic cable television rate from $16.70 to $18.85 per month, effective
May 1st, for thirty cable channels, Vice Mayor Priest requested that a
public hearing on cable television be scheduled. The Cable Television
Franchise Ordinance provides that a public hearing on performance, be
held every three years. Federal regulations do not allow cities to
,
regulate cable television rates. Mayor Villines then requested that a
public hearing be scheduled in June, on performance of Storer Cable
Communications.
No one was present to address the Board of Directors at the time
allotted for Citizen Communications.
Resolution No. 8,286 was the next presentation and contained the
following title:
A RESOLUTION TO SUPPORT ADOPTION OF A MILLAGE INCREASE FOR THE
LITTLE ROCK PUBLIC SCHOOL-DISTRICT;
and there was a complete reading of the Resolution. Mayor Villines
and Director Dailey encouraged the citizens to support the Little Rock
School District's proposed 8 -mill property tax increase at the April
19th special election. The millage increase is needed to enhance the
ability of the citizens of Little Rock to work together toward a
strong public school system. A motion was made by Director Priest and
seconded by Director Dailey, that the Resolution be adopted. The
Resolution was adopted by unanimous voice vote of the Board Members
present.
A presentation and discussion was held on the following three
Ordinances: (1) Establishing regulations pertaining to buffers and
screening; (2) Modifying conditions requiring an excavation permit and
modifying guidelines for excavation; and (3) Amending Chapter 15 of
'
II
l
April 3, 1990, Cont'd.
the Code of Ordinances known as the Landscaping and Tree Protection
Code. Mr. Don McChesney, City Engineer in the Department of Public
Works, made the Staff presentation. He displayed charts and sketches,
and explained comparisons and case studies. Board Members applauded
the City Staff, Planning and City Beautiful Commissions for their work
on the Ordinance and developers for not opposing the new regulations.
The new regulations will require more screening and buffers between
residential, commercial and industrial developments, will restrict the
size of hillside cuts and will require developers to leave undisturbed
areas at the top and bottom of cuts. The Ordinances also give City
Planners more flexibility so topography can be taken into account in
landscaping. Mrs. Agnes Beall, 11620 Ashwood Drive in the Birchwood
Addition, urged the Board to approve the three Ordinances, and
commented on what had been allowed to happen to the land that is now
the site of the Megamarket Store on West Markham Street. Mrs. Mary
Zehr, who represented the League of Women Voters, endorsed the three
Ordinances, but suggested that a minimum buffer of six feet at the
back of a property wasn't sufficient. Mr. Richard Wood of the
Department of Comprehensive Planning explained that the size of
buffers was tied to the size of the development. The six -foot minimum
would apply to a lot that is only 120 feet deep, he explained. He
said the Planning Commission decided that requiring a 50 -foot minimum
buffer would make it impossible to develop some pieces of property.
Mr. Bert Parker, 1119 Claywood Drive, Chairman of the City Beautiful
Commission, spoke in support of the Ordinances and asked the Board to
approve them. There was no further discussion and Ordinance No.
15,832 was presented, entitled:
AN ORDINANCE AMENDING CHAPTERS 36 AND 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR THE
ESTABLISHMENT OF REGULATIONS PERTAINING TO BUFFERS AND SCREENING, AND
THE DELETION OF CERTAIN STANDARDS NOW IN PLACE;
and the Ordinance was read the first time, followed by a motion from
Director Priest to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Dailey and adopted by
unanimous vote of the Board Members present, being six in number and
two - thirds or more of the members of the Board of Directors - elect, and
a second reading of the Ordinance ensued. The rules were again
suspended and the Ordinance placed on third and final reading by a
motion made by Director Shackelford and seconded by Director Dailey,
and unanimously adopted by the Board members present, being six 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, there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the results recorded as follows: Ayes -
Mayor Villines, Directors Priest, Hollingsworth, Bussey, Shackelford
and Dailey - total 6; Noes -None; Absent - Director Benafield -
total 1. Whereupon, the Ordinance was declared PASSED.
Ordinance No. 15,833 was introduced, with the title being:
AN ORDINANCE AMENDING CHAPTER 29, ARTICLE VI, LAND ALTERATION
REGULATION, OF THE LITTLE ROCK CITY CODE, 1988, BY MODIFYING
CONDITIONS WHICH REQUIRE AN EXCAVATION PERMIT, MODIFYING GUIDELINES
FOR EXCAVATION;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Shackelford, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Director
Shackelford and Dailey, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board members present, being six 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
is recorded as follows: Ayes - Mayor Villines, Directors Priest,
Hollingsworth, Bussey, Shackelford and Dailey - total 6; Noes - None;
Absent - Director Benafield - total 1. The Ordinance was then
declared PASSED.
�5
38G
it 3, 1990, Cont'd.
Consideration was then given to Ordinance No. 15,834, described
as:
AN ORDINANCE AMENDING CHAPTER 15 OF THE
REVISED 1988 KNOWN AS THE LANDSCAPING AND
ADDING AND AMENDING CERTAIN DEFINITION'
REQUIREMENTS TO IMPROVE SITE BEAUTIFICATION,
REQUIREMENTS WITH EXCAVATION, STORM WATER
REQUIREMENTS AND FOR OTHER PURPOSES;
LITTLE ROCK CITY CODE
TREE PROTECTION CODE:
MODIFYING CERTAIN
CORRELATING LANDSCAPE
DETENTION AND ZONING
with the Ordinance being read the first time, followed by a motion
from .Director Priest for suspension of the rules and the placing of
the Ordinance on second reading. The motion was seconded by Director
Shackelford and 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 second reading of the
Ordinance followed, with a motion again being made by Director
Shackelford and seconded by Director Dailey, to suspend the rules and
place the Ordinance on third and final reading. With the motion
having been 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, the Ordinance was read the third and
last time. The resulting Aye and No Vote taken on passage of the I
Ordinance received the following response: Ayes- Mayor Villines,
Directors Priest, Hollingsworth, Bussey, Shackelford and Dailey -
total 6; Noes - None; Absent - Director Benafield - total 1. It was
announced that the Ordinance had PASSED.
The next presentation was Ordinance No. 15,835, entitled:
AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR MODIFICATION OF THE USE
PROVISIONS AND DEFINITION CHANGES;
(Regarding bulk storage of highly flammable and /or hazardous
materials.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Dailey, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Priest that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Shackelford seconded the motion which was adopted by unanimous vote of
the 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 ensued, followed by an Aye and
No Vote taken on passage of the Ordinance, with the results recorded I
as follows: Ayes - Mayor Villines, Directors Priest, Hollingsworth,
Bussey, Shackelford and Dailey - total 6; Noes - None; Absent -
Director Benafield - total 1. The Ordinance was then declared PASSED.
A public hearing had been scheduled for this time and place to
consider various projects and allocations of funds for the Sixteenth
Year (1990 -91) Community Development Block Grant Program, and
authorizing the filing of the application for such funds. Mayor
Villines declared the public hearing open. Mr. Foster Strong, 3514
West 14th Street, was the only person to speak and he asked the Board
to support the projects and allocations. The public hearing was
declared closed and Ordinance No. 15,836 was presented, containing the
following caption:
AN ORDINANCE APPROVING THE VARIOUS PROJECTS AND ALLOCATIONS OF
FUNDS AS PROVIDED FOR IN THE CITY OF LITTLE ROCK'S COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR THE SIXTEENTH YEAR (1990-
91); aPPROVING THE CDBG APPLICATION AND AUTHORIZING THE FILING OF THE
APPLICATION FOR SUCH FUNDS;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. 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. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Priest and '
Shackelford, respectively, to further suspend the rules and place the
3NI
April 3, 1990, Cont'd.
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being six 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. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Mayor Villines, Directors Priest, Hollingsworth, Bussey,
Shackelford and Dailey - total 6; Noes - None; Absent - Director
Benafield - total 1. Whereupon, the Ordinance was declared PASSED.
Ordinance No. 15,837 was the next presentation, entitled:
AN ORDINANCE APPROPRIATING $15,000 TO THE LITTLE ROCK DRUG
ABATEMENT PROGRAM;
(From the unappropriated balance of the General Fund.)
with the Ordinance being read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Dailey, and 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 second reading of the
Ordinance followed, with a motion again being made by Director Priest
and seconded by Director Shackelford, to further suspend the rules and
place the Ordinance on third and final reading. With the motion
having been 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, the Ordinance was read the third and
last time. The resulting Aye and No Vote taken on the question, Shall
the Ordinance Pass, is herein recorded as follows: Ayes - Mayor
Villines, Directors Priest, Hollingsworth, Bussey, Shackelford and
Dailey - total 6; Noes - None; Absent - Director Benafield - total
1. The Ordinance was then declared PASSED.
Introduced next was Ordinance No. 15,838, described as:
AN ORDINANCE TO AMEND ORDINANCE 15,783 APPROPRIATING FUNDS FOR
CERTAIN EXPENDITURES;
(Amending Section 9 of Budget Ordinance No. 15,783.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. 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, and the second reading of the Ordinance ensued. A
subsequent motion was again made by Director Priest, seconded by
Director Shackelford, to further suspend the rules and place the
Ordinance on third and final reading. 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. There was a third and final reading of the Ordinance
after which an Aye and No Vote was taken on the passage of the
Ordinance, with the results recorded as follows: Ayes - Mayor
Villines, Directors Priest, Hollingsworth, Bussey, Shackelford and
Dailey - total 6; Noes - None; Absent - Director Benafield - total
1. It was announced that the Ordinance had PASSED.
Ordinance No. 15,839 was the next presentation, containing the
following caption:
AN ORDINANCE TO APPROPRIATE ONE HUNDRED AND EIGHTY THOUSAND
DOLLARS ($180,000.00) FROM THE SPECIAL PROJECTS FUND TO BE USED TO
PURCHASE THREE AMBULANCES FOR THE LITTLE ROCK AMBULANCE AUTHORITY, AND
AUTHORIZING THE CITY MANAGER TO RELEASE THESE FUNDS TO THE AUTHORITY;
AND FOR OTHER PURPOSES;
(Interest Rate - 9 %)
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Dailey, and 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. The Ordinance was then read
the second time. There was an ensuing motion made by Director Priest
and seconded by Director Shackelford, that the rules be further
3SS
April 3, 1990, Cont'd.
suspended to provide for the third and final reading of the Ordinance.
The motion was adopted by unanimous vote of the 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; whereupon, there was a
third and last reading of the Ordinance. The passage of the Ordinance
was then submitted to an Aye and No Vote which received the following
response: Ayes - Mayor Villines, Directors Priest, Hollingsworth,
Hussey, Shackelford and Dailey - total 6; Noes - None; Absent -
Director Benafield - total 1. The Ordinance was then declared PASSED.
At the request of Director Dailey, the proposed Ordinance
appearing on the Agenda as Item G -9 condemning certain structures in
the City of Little Rock as structural, fire and health hazards, was
deferred for two weeks.
Ms. Ellistine Gaddy, 3205 Boyd Street, presented a complaint to
the Board of Directors regarding a December, 1989 incident at the
Professor Bowling Alley, 901 'Town Oaks Drive, involving her son and
several friends and off -duty police officers. City Manager Tom Dalton
was requested to investigate the incident and provide Board Members
with a report on the findings.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 7:15 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, April 17, 1990,
at 6:00 o'clock P. M.
ATTEST: 4CI44i
Ci y Clerk Jane Czech
APPROVED: -/� • /y��^'�`�v
Mayor Floyd . Villines III
Board of Directors Chamber
Little Rock, Arkansas
April 17, 1990 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth, Bussey, Shackelford and
Dailey - total 6; Absent —None.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Vice Mayor /Director Priest.
11111 To begin the meeting, Director Priest requested that Item 19
appearing on the Agenda as a Resolution retaining the Mid -Town
To
in the PATS long -range transportation plan, be deferred
' until the end of May. None of the Directors opposed the deferral and
the Resolution was not considered.
Director Benafield mentioned the recent proposed sewer rate
increase that was reported in the media. He said he had recieved a
report that the increase is no longer being considered. Director
Benafield requested that City Manager Tom Dalton provide the Board
with a report and summary on the financial status of the Wastewater
Utility.
The Consent Agenda was the first presentation and consisted of
the following items:
(a) The reading of the Minutes of the previous meeting held
April 3, 1990.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of February, 1990.
(c) A Motion to set the date for public hearing on May 1, 1990,
to consider an Ordinance to amend the Highway #10 Plan north of
Highway 10 between Patrick Country Road and Katillius Road.
(d) Resolution No. 8,287, entitled:
A RESOLUTION CHANGING THE NAME OF A PORTION OF (OLD)
WEST MARKHAM STREET TO "ENTERGY COURT." (Access to AP &L property)
' (e) Resolution No. 8,288, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH THE LITTLE ROCK WASTE WATER UTILITY TO RELOCATE 16 AND
42 INCH SANITARY SEWER LINES FOR THE FOURCHE CREEK PROJECT, PHASE IV.
(Heavrin Construction Company - amount not to exceed $185,725)
(f) Resolution No. 8,289, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF UNIFORMS FOR THE FIRE
DEPARTMENT AND CONSTRUCTION OF WHEELCHAIR RAMPS AND TRAFFIC SIGNAL BOX
ENCLOSURES FOR THE DEPARTMENT OF HUMAN AND GENERAL SERVICES /CDBG.
(Uniforms not to exceed $75,217; Contract to Dennis Bradley & Sons for
wheelchair ramps and traffic signal boxes not to exceed $48,930.)
(g) Resolution No. 8,290, containing the following caption:
A RESOLUTION AUTHORIZING THE LITTLE ROCK FIRE
DEPARTMENT TO PROVIDE FIRE SERVICE FOR ONE YEAR TO CERTAIN BUSINESSES
OUTSIDE THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. (Siemens -
Allis; Levi - Strauss; Elf Asphalt; Sharper Image; Independent Air
Conditioning and Wildwood Park. 3M Company authorized service from 5-
1-90 to 9- 1 -90.)
LJ
389
3(' J
April 17,'1990, Cont'd.
(h) Resolution No. 8,291, entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF NATIONAL BY-
PRODUCTS, INC., TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE
PROGRAM. (Located at 4300 East 9th Street)
(i) Resolution No. 8,292, with the title being:
A RESOLUTION APPROVING AND ACCEPTING THE DEDICATION OF
A PORTION OF FINANCIAL CENTER PARKWAY AND A PORTION OF CHENAL PARKWAY
TO THE STREET SYSTEM OF THE CITY OF LITTLE ROCK, ARKANSAS; AND OTHER
MATTERS PERTAINING THERETO.
(j) Resolution No. 8,293, described as:
A RESOLUTION ESTABLISHING EARTH DAY ACTIVITIES FOR THE
CITY OF LITTLE ROCK. (Added to the Consent Agenda at the request of
Director Shackelford; "Earth Day" celebrations to be April 22, 1990.)
By a motion from Director Priest, seconded by Director Dailey, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held April 3, 1990, were approved as written and
summarized 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 February, 1990, was received and filed;
(c) Motion was made and adopted to set the public hearing on May 1,
1990, to consider an Ordinance to amend the Highway #10 Plan; and (d,
e, f, g, h, i and j) Resolutions No. 8,287, 8,288, 81289, 8,290,
8,291, 8,292 and 8,293, were read in full and unanimously adopted by
the Board Members present.
No one was present to speak at the time allotted for Citizen
Communications.
The following rezoning application approved by the Planning
Commission on December 13, 1988, was the next presentation:
Z -5120 - From Samuel L. Davis for Good Old Days Foods, Inc., to
rezone 12.63 acres at 9225 Sibley Hole Road (long legal description),
from "R -2" Single - family District to "C -4" Open Display and "I -2"
Light Industrial District. No opposition was presented to the
reclassification and Ordinance No. 15,840 was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5120 - To rezone 9225 Sibley Hole Road, from 'R -2' to 'C -4' and •I-
2" Districts.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Bussey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest
and Bussey, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being seven 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. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford, Dailey and Mayor Villines - total 7; Noes - None;
Absent - None. The Ordinance was then declared PASSED.
Ordinance No. 15,841 was the next presentation, entitled:
AN ORDINANCE AMENDING CHAPTER 36, ARTICLE I, OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING POR THE
INTRODUCTION OF NEW DEFINITIONS;
(Definitions regulating certain commercial vebicles in residential
zones.)
J
30"1
April 17, '1990, Cont'd.
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Bussey, and by unanimous vote of the
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
again made by Director Priest, seconded by Director Bussey, that the
rules be further suspended and the Ordinance be placed on third and
final reading. The motion was unanimously adopted by members of the
Board of Directors present, being seven in number and two- thirds or
more of the members of the Board of Directors - elect; whereupon, the
Ordinance was then read the third and last time. An Aye and No Vote
was taken on passage of the Ordinance which resulted as herein
recorded: Ayes - Directors Priest, Benafield, Hollingsworth, Hussey,
Shackelford, Dailey and Mayor Villines - total 7; Noes - None;
Absent - None. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 15,842, with the
title being:
AN ORDINANCE AMENDING CHAPTER 36, ARTICLE XIII, OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR THE
' ESTABLISHMENT OF REGULATION OF CERTAIN COMMERCIAL AND PRIVATE VEHICLES
IN RESIDENTIAL ZONES;
(Prohibiting certain commercial vehicle parking.)
and the Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Bussey, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion being made by Director Priest, seconded by Director Bussey, and
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect. The Ordinance was read the third and last
time, and there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the results recorded as follows: Ayes -
Directors Priest, Benafield, Hollingsworth, Bussey, Shackelford,
Dailey and Mayor Villines - total 7; Noes - None; Absent - None.
Mayor Villines then announced that the Ordinance had PASSED.
Introduced next was Ordinance No. 15,843, described as:
AN ORDINANCE AMENDING SECTION 32 -377 OF THE LITTLE ROCK CITY
CODE, 1988, PROHIBITING THE PARKING OF COMMERCIAL VEHICLES IN
RESIDENTIAL AREAS;
with the Ordinance being read the first time. The rules were then
I suspended to allow for the second reading by motion from Director
Priest, seconded by Director Bussey, and by unanimous vote of the
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Priest, again seconded by Director Bussey, that the
rules be suspended and the Ordinance be placed on third and final
reading. The motion was unanimously adopted by members of the Board
of Directors present, being seven 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. An Aye and No Vote was taken on passage
of the Ordinance with the response being: Ayes - Directors Priest,
Benafield, Hollingsworth, Bussey, Shackelford, Dailey and Mayor
Villines - total 7; Noes - None; Absent - None. The Ordinance was
then declared PASSED.
Ordinance No. 158844 was presented, containing the following
caption:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A "PCD" DISTRICT TITLED PLUNKETT COMMERCIAL (Z -5282) 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;
' VIII (Z -5282 - Located at the N/E corner of Rodney Parham and North Rodney
44 Parham Road for the "Balloonacy ".)
3:?2
i
April 17, 1990, Cont'd.
!
and the Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Bussey, and unanimously adopted by members of the Board of
Directors present, being seven 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 Priest,
again seconded by Director Bussey, 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 the members of the Board of
Directors Present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect, and there was a third and
last reading of the Ordinance. The passage of the Ordinance was then
submitted to an Aye and No Vote which resulted as follows: Ayes -
Directors Priest, Benafield, Hollingsworth, Bussey, Shackelford,
Dailey and Mayor Villines - total 7; Noes - None; Absent - None.
The Ordinance was then declared PASSED.
The next presentation was Ordinance No. 15,845, entitled:
I
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED AUTO REPAIR AND SALES (Z -5299) IN
THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK;
'
(Z -5299 - Located at the S/W corner of 12th and Pine Streets for auto
repairs and sales.)
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Bussey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. A second reading of the Ordinance followed, with a
motion again being made by Director Priest, seconded by Director
Bussey, to further suspend the rules and place the Ordinance on third
and final reading. With the motion having been unanimously adopted by
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect, the
Ordinance was read the third and last time. The question, Shall the
Ordinance Pass, was submitted to an Aye and No Vote, which is recorded
as follows: Ayes - Directors Priest, Benafield, Hollingsworth,
Bussey, Shackelford, Dailey and Mayor Villines - total 7; Noes -
None; Absent - None. Therefore, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 15,846, described
as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF SIDEWALK
REQUIREMENTS;
,
(S -133 -A - For Lot 6R, Coney Replat on University Avenue frontage.)
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Bussey, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Priest, seconded by Director
Bussey, and unanimously adopted by members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect. The Ordinance was read the third and
last time, and there was an Aye and No Vote taken on passage of the
Ordinance with the response being: Ayes - Directors Priest,
Benafield, Hollingsworth, Bussey, Shackelford, Dailey and Mayor
Villines - total 7; Noes - None; Absent - None. Whereupon, the
Ordinance was declared PASSED.
Ordinance No. 15,847 was introduced, with the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF PAVEMENT WIDTH
AND ARTERIAL STREET CONSTRUCTION REQUIREMENTS REGARDING THE PRESENTLY
PROPOSED STONEHEDGE SUBDIVISION, AND OTHER MATTERS;
3° 3
April 17, 1990, Cont'd.
(S -667 - Stonehedge Subdivision: Stonehedge Drive, West Street and
36th Street.)
with the Ordinance being read the first time. A motion followed
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Bussey, and unanimously adopted by members of the Board of
Directors present, being seven 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 Priest
and again seconded by Director Bussey, 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 the members of the Board
of Directors present, being seven in number and two - thirds or more of
the members of the Board of Directors - elect. There was a third and
last reading of the Ordinance followed by an Aye and No Vote taken on
passage of the Ordinance with the response being: Ayes - Directors
Priest, Benafield, Hollingsworth, Bussey, Shackelford, Dailey and
Mayor Villines - total 7; Noes - None; Absent - None. The Ordinance
was then declared PASSED.
Ordinance No. 15,848 was considered, described as:
' AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF BUILDING
SETBACK REQUIREMENTS;
(S -676 -For Hickory Branch Addition Preliminary /Final Plat.)
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Bussey, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Priest, seconded by Director
Bussey, and unanimously adopted by members of the Board Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect. The Ordinance was read the third and
last time, and there was an Aye and No Vote taken on passage of the
Ordinance with the results recorded as follows: Ayes - Directors
Priest, Benafield, Hollingsworth, Bussey, Shackelford, Dailey and
Mayor Villines - total 7; Noes - None; Absent - None. Mayor
Villines then announced that the Ordinance had PASSED.
A public hearing had been scheduled by Resolution No. 8,281, and
notice thereof duly published on April 9, 1990 and April 16, 1990, on
' the request by Mr. W. C. Coney, Phoenix Builders, to vacate and close
Gilman Street between 26th and 25th Streets in Pine Hill Homes
Addition to the City of Little Rock. The closure of this portion of
Gilman Street received the approval of the Planning Commission.
Attached to the petition was a certified copy of Pine Hill Subdivision
on file in the Pulaski County Circuit Clerk's Office, and a letter
from The Title Company listing the last owners of record to abutting
property. The proposal received the approval of the Planning
Commission. Mayor Villines then declared the public hearing open and
with no opposition presented, he declared the public hearing closed,
and Ordinance No. 15,849 was presented, containing the following
caption:
AN ORDINANCE VACATING AND CLOSING GILMAN STREET BETWEEN 26TH AND
25TH STREETS IN PINE HILL HOMES ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS;
and the Ordinance was read the first time. There was a motion by
Director Bussey, seconded by Director Hollingsworth, to suspend the
I rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect. A second reading of the Ordinance followed,
with a motion being made by Director Bussey, seconded by Director
Priest, to further suspend the rules and place the Ordinance on third
and final reading. With the motion having been unanimously adopted by
members of the Board of Directors present, being seven in number and
' two- thirds or more of the members of the Board of Directors - elect, the
Ordinance was read the third and last time. The question, Shall the
April 17, 1990, Cont'd.
Ordinance Pass, was submitted to a
the following response: Ayes
Hollingsworth, Bussey, Shackelford,
7; Noes - None; Absent - None.
PASSED.
n Aye and No Vote, which received
- Directors Priest, Benafield,
Dailey and Mayor Villines - total
The Ordinance was then declared
A public hearing had been scheduled by Resolution No. 8,282, and
notice thereof duly published on April 9, 1990 and April 16, 1990, on
the petition filed by Trinity Presbyterian Church and the Catholic
Diocese of Little Rock, to vacate and close Rock Creek Parkway between
Chenal Parkway and (New) West Markham Street, as approved by the
Planning Commission. Attached to the petition was a certified copy of
a letter from the Pulaski County Circuit Clerk stating that this
portion of West Markham Street is not included in any platted
subdivision in the City of Little Rock, and a letter from Beach
Abstract Company listing the last apparent owners of record to
abutting property. Mayor Villines then declared the public hearing
open and with no one present who wished to speak in opposition to the
proposed closing, he declared the hearing closed and Ordinance No.
15,850, was presented containing the following caption:
AN ORDINANCE VACATING AND CLOSING ROCK CREEK PARKWAY BETWEEN
CHENAL PARKWAY AND (NEW) WEST MARKHAM STREET IN THE CITY OF LITTLE
ROCK, ARKANSAS;
and said Ordinance was read the first time, followed by a motion from
Director Bussey to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Hollingsworth and
adopted by unanimous vote of the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors- elect, and a second reading of the Ordinance followed. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Hussey and Priest,
respectively, and unanimously adopted by the Board Members present,
being seven 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, there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the response being: Ayes - Directors Priest,
Benafield, Hollingsworth, Bussey, Shackelford, Dailey and Mayor
Villines - total 7; Noes - None; Absent - None. Whereupon, the
Ordinance was declared PASSED.
Resolution No. 8,283 adopted April 31 1990, scheduled a public
hearing on the petition from the Catholic Diocese of Little Rock, to
vacate and close (Old) West Markham Street from the intersection of
(New) West Markham Street and Rock Creek Parkway west to the
Southeasterly Right -of -Way line of (New) West Markham Street, less and
except that portion within the Right -of -Way of Chenal Parkway. Notice
of public hearing was duly published on April 9, 1990 and April 16,
1990. The proposal received the approval of the Planning Commission.
Attached to the petition was a letter from the Pulaski County Circuit
Clerk stating "we fail to find that this portion of West Markham
Street is included in any platted subdivision in the City of Little
Rock "; and a letter from Beach Abstract Company listing the last
apparent owners of record to abutting property. The public hearing
was then declared open and with no one present who wished to speak in
opposition to the proposed closing, the public hearing was declared
closed and Ordinance No. 15,851 was presented, with the title being:
AN ORDINANCE VACATING AND CLOSING (OLD) WEST MARKHAM STREET FROM
INTERSECTION OF (NEW) WEST MARKHAM STREET AND ROCK CREEK PARKWAY WEST
TO THE SOUTHEASTERLY ROW LINE OF (NEW) WEST MARKHAM STREET LESS AND
EXCEPT THAT PORTION WITHIN THE ROW LINE OF CHENAL PARKWAY;
and after a first reading of the Ordinance, there was a motion by
Director Bussey, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. There was a second reading of the
Ordinance, followed by a subsequent motion made and seconded by
Directors Hussey and Priest, respectively, to further suspend the
rules and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board Members present being seven
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
F
L
#;? 5
April 17, 1990, Cont'd.
ensued. An Aye and No Vote was taken on the question, Shall the
Ordinance Pass, with the results recorded as follows: Ayes -
Directors Priest, Benafield, Hollingsworth, Bussey, Shackelford,
Dailey and Mayor Villines - total 7; Noes - None; Absent - None.
Therefore, the Ordinance was declared PASSED.
A public hearing had been scheduled for this time and place on
the petition filed by Melvyn and Darlene Bell, to annex 228.04 acres,
more or less, to Carriage Creek Property Owners Improvement District
No. 639. Mayor Villines declared the public hearing open and when no
one appeared to speak against the annexation, he declared the public
hearing closed and Ordinance No. 15,852 was presented, entitled:
AN ORDINANCE ANNEXING TERRITORY TO CARRIAGE CREEK PROPERTY
OWNERS' IMPROVEMENT DISTRICT NO. 639 OF LITTLE ROCK, ARKANSAS;
and the Ordinance was read the first time. A motion followed whereby
the rules were suspended to allow for the second reading of the
Ordinance. The motion was made by Director Bussey, seconded by
Director Hollingsworth, and unanimously adopted by members of the
Board of Directors present, being seven 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 Bussey and seconded by Director Priest, 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 the members of
the Board of Directors present, being seven in number and two - thirds
or more of the members of the Board of Directors - elect; whereupon,
there was a third and last reading of the Ordinance. The passage of
the Ordinance was then submitted to an Aye and No Vote which received
the following response: Ayes - Directors Priest, Benafield,
Hollingsworth, Bussey, Shackelford, Dailey and Mayor Villines - total
7; Noes - None; Absent - None. The Ordinance was then declared
PASSED.
Ordinance No. 15,853 was the next presentation, with the title
being:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH FLYNCO, INC. TO CONSTRUCT THE WAR MEMORIAL
SWIMMING /FITNESS COMPLEX; APPROPRIATING AN ADDITIONAL $350,000 FROM
THE BOND ISSUE INTEREST ACCOUNT AND TRANSFERRING $85,000 FROM THE
PARKS MISCELLANEOUS AND CONTINGENCY ACCOUNT TO THE WAR MEMORIAL
SWIMMING /FITNESS COMPLEX; AND APPROPRIATING THE REMAINING $405,000
PROVIDED BY THE BOND ISSUE FOR THE BASKETBALL PORTION OF THE FITNESS
COMPLEX;
11111 (Contract to Flynco, Inc. in an amount not to exceed $1,799,697.)
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Hussey, seconded by
Director Priest, and unanimously adopted by members of the Board of
Directors.present, being seven 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 Bussey
and agained seconded by Director Priest, 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 the members of the Board
of Directors present, being seven in number and two - thirds or more of
the members of the Board of Directors - elect. There was a third and
last reading of the Ordinance followed by an Aye and No Vote taken on
passage of the Ordinance with the response being: Ayes - Directors
Priest, Benafield, Bussey, Shackelford, Dailey and Mayor Villines -
total 6; Noes - None; Abstentions - Director Hollingsworth - total
1; Absent - None. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 15,854, described
as:
AN ORDINANCE TO ESTABLISH CONTROLS RELATED TO THE USE OF
ABOVEGROUND STORAGE TANKS FOR FLAMMABLE LIQUIDS AND LIQUEFIED
PETROLEUM GASES;
and after a first reading of the Ordinance, there was a motion by
Director Bussey, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
WAG
April 17, 1990, Cont'd.
CJ
being seven in number and two - thirds or more of the members of the
Board of Directors - elect. There was a second reading of the
Ordinance, followed by a subsequent motion made by Director Bussey and
seconded by Director Priest, to further suspend the rules and place
the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being seven 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Directors Priest, Benafield,
Hollingsworth, Bussey, Shackelford, Dailey and Mayor Villines - total
7; Noes - None; Absent - None. The Ordinance was then declared
PASSED.
Ordinance No. 15,855 was the next presentation, containing the
following heading:
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;
and said Ordinance was read the first time, followed by a motion
'
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Bussey, seconded by
Director Hollingsworth, and unanimously adopted by members of the
Board of Directors present, being seven 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 again made
by Director Bussey and seconded by Director Priest, 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 the members of
the Board of Directors present, being seven in number and two- thirds
or more of the members of the Board of Directors - elect; whereupon,
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 received
the following response: Ayes - Directors Priest, Benafield,
Hollingsworth, Bussey, Shackelford, Dailey and Mayor Villines - total
7; Noes - None; Absent - None.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford, Dailey and Mayor Villines - total 7; Noes - None;
Absent - None. The Ordinance, together with the Emergency Clause was
then declared PASSED.
Resolution No. 8,294 was then introduced, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR I
THE WAR MEMORIAL AMUSEMENT PARK FEASIBILITY STUDY;
(Contract to Leisure and Recreation Concepts (LARC) and E.T.C. to
conduct a feasibility study for War Memorial Amusement Park in an
amount not to exceed $39,000.)
and there was a complete reading of the Resolution. Mr. Kenneth Story
of the Arkansas Historic Preservation Program urged the Board to
approve the study and restoration of the park's historic Herschell-
Spillman carousel. Mr. Story said the carousel could become a tourist
attraction for the City. A motion was made by Director Dailey and
seconded by Director Benafield, that the Resolution be adopted. The
Resolution was adopted by unanimous voice vote of the Board Members
present.
A public hearing had been scheduled for this time and place to
hear an appeal filed by Mr. Larry W. Young for Mr. Alan Thalheimer, of
the Planning Commission's action on rezoning 8521 Scott Hamilton Drive
(See Minute Record 2 -20 -90 and 4- 3 -90). The applicant had originally
requested reclassification from "R -2" Single - family to "C -3" General
Commercial and "C -l" Neighborhood Commercial Districts. However, the
original application was amended at the Planning Commission Meeting to
segment the property so that the front portion would be "C -3" and the
rear portion would remain "R -2" Single - family. The Planning
Commission denied the application on December 12, 1989, by a vote of 5
ayes, 6 noes, and none absent. Mayor Villines declared the public
hearing open and Mr. Larry Young, the applicant, made the presentation
April 17, 1990, Cont'd.
and stated the rezoning would upgrade the neighborhood and there were
no objectors to the proposal. He pointed out there would be
landscaping if the rezoning request is granted. Upon question by
Director Dailey, Mr. Young said the owners are committed to
development and within a year, there will be a building on the
property. Director Dailey questioned Mr. Jim Lawson, Director of
Comprehensive Planning as to how he sees this zoning as a negative
impact on the neighborhood. Mr. Lawson explained there are still some
houses and people living in the area. It was the Staff's opinion that
the proposal does not conform to the Master Plan and would promote
strip zoning. Director Priest advised she is opposed to the rezoning,
and Director Hollingsworth expressed concerns about approving the "C-
3" classification at this location. Following the discussion, the
public hearing was declared closed and the proposed Ordinance was
presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5260 - 8521 Scott Hamilton Drive - "R -2" Single - family to "C -3"
General Commercial District.)
' and the Ordinance was read the first time. Upon question by Director
Shackelford, Mr. Young advised that he was not in a position to state
that "C -2" zoning would be acceptable to his client. There was no
motion and second for suspension of the rules; therefore, the proposed
Ordinance remained on the calendar for second reading at the May 11
1990, Board of Directors Meeting.
Director Shackelford expressed concerns regarding a question
raised by Mrs. Ellistine Gaddy at the April 3, 1990, Board Meeting.
Mrs. Gaddy complained that five off -duty police officers made racial
slurs at teenagers at the Professor Bowl West at 901 Towne Oaks Drive,
and one officer threw a bottle at their car. The car was driven by
Mrs. Gaddy's son and had $312.00 damage caused by the bottle.
Director Shackelford expressed displeasure that the officer had only
received a letter of reprimand. She said she understood that the City
wasn't legally liable, but thought the City should pay for the damage
or force the officer to pay. City Manager Tom Dalton advised that he
would get a report from Police Chief Louie Caudell about the
investigation of the incident and report to the Board.
At 7:35 o'clock P. M., Mayor Villines announced that the Board of
Directors would recess to executive sesion in the Board's Conference
Room, for the purpose of considering appointments to various Boards
and Commissions.
When the Board of Directors reconvened at 7:55 o'clock P. M. from
executive session, Mayor Villines presided and the following Directors
answered roll call: Directors Priest, Benafield, Hollingsworth,
Bussey and Dailey - total 5; Absent - Director Shackelford - total 1.
Resolution No. 8,295 was presented, entitled:
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE
ADVERTISING AND PROMOTION COMMISSION, ARTS AND HUMANITIES PROMOTION
COMMISSION, BUILDING CODE BOARD OF APPEALS, CITY BEAUTIFUL COMMISSION,
LITTLE ROCK MUNICIPAL AIRPORT COMMISSION AND THE LITTLE ROCK SANITARY
SEWER COMMITTEE;
(Advertising & Promotion: Mr. W. K. "Bill" Franke; Arts and
Humanities Promotion Commission: Mrs. Helen Cress Buchanan; Building
Code Board of Appeals: Mr. Lugean Chilcote and Mr. James Engstrom,
III; City Beautiful Commission: Ms. Elizabeth Jones and Ms. Frances
Vestal; Little Rock Municipal Airport Commission: Mr. Perlesta
Hollingsworth; Little Rock Sanitary Sewer Committee: Mr. Robert L.
Lane.)
with the Resolution being read in its entirety. A motion was made by
Director Bussey and seconded by Director Priest, that the Resolution
be adopted. The Resolution was adopted by voice vote of the Board
Members present.
v✓� `
13J�
11111 April 17, 1990, Cont'd.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 8:00 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, May 1, 1990, at
6:00 o'clock P. M.
ATTEST:
City Jane Czech
APPROVED: o -gr
Mayor Floyd G. Villines, III
1
Board of Directors Chamber
Little Rock, Arkansas
May 1, 1990 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech was present and called the roll with the following
Directors in attendance: Directors Priest, Benafield, Hollingsworth,
Bussey, Shackelford and Dailey - total 6; Absent - None.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Director Benafield.
To begin the meeting, Mayor Villines read a Proclamation
proclaiming the month of May, 1990, as "History Month ", and presented
it to Vice Mayor /Director Sharon Priest, Chairman of the Arts and
Humanities Promotion Commission.
The first presentation was the Consent Agenda consisting of the
following items:
(a) The reading of the Minutes of the previous meeting held
April 17, 1990.
(b) Resolution No. 8,296, entitled:
A RESOLUTION AUTHORIZING THE RELEASE OF A RESTRICTIVE
COVENANT IN TWO DEEDS WHICH CONVEY OAKLAND- FRATERNAL ACREAGE TO THE
LITTLE ROCK NATIONAL CEMETERY EXPANSION CORPORATION.
(c) A Resolution to accept bids and award contracts for purchase
of two 25 -ton dump trucks and golf course turf equipment, was removed
from the Consent Agenda and considered separately.
(d) Resolution No. 8297, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR STREET AND DRAINAGE IMPROVEMENTS ON BOYD
STREET (28TH STREET TO 32ND STREET). (Contract to Hogan Construction
Company not to exceed $195,274.46.)
(e) Resolution No. 8,298, described as:
' A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH GRIMES CONSULTING ENGINEERS, ROBERT J. RICHARDSON
CONSULTING ENGINEERS, AND BLAYLOCK, THREET, PHILLIPS AND ASSOCIATES
FOR DESIGN ENGINEERING FOR CDBG 16TH YEAR STREET AND DRAINAGE
CONSTRUCTION.
(Contracts in the amounts of $24,681, $23,625 and $40,210.15,
respectively.)
(f) A Resolution for suspending up to sixty days, the May 1,
1990 deadline for removal of billboards from scenic corridors, was
removed from the Consent Agenda and considered separately.
By a motion from Director Priest, seconded by Director Dailey, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held April 17, 1990, were approved as written and
summarized to members of the Board of Directors; (b) Resolution No.
8,296, was read in full and adopted by unanimous voice vote of the
Board Members present; (c) Resolution was removed from the Consent
Agenda and considered separately; (d & e) Resolutions No. 8,297 and
8,298, were read in full and adopted by unanimous voice vote of the
Board Members present; and (f) Resolution was removed from the
Consent Agenda and considered separately.
At the time allotted for Citizen Communications, Mr. Oley Rooker,
8247 Crystal Valley Road, made an emotional plea to the Board of
Directors to do something about the high crime and conditions that
exist in the condemned and abandoned apartment complex located between
400
May 1, 1990, Cont'd.
L__J
Chicot and Gardner Roads off Baseline Road, known as "Sin City." Mr.
Rooker and his partner own a small shopping center on Gardner Road
which is across the street from the project. He said transients and
drug users had moved into the abandoned apartments and asked, "are we
going to wait until one of these neighborhood kids is killed or one of
these young girls raped, before the City acts ?" City Attorney Mark
Stodola advised that most of the buildings are tied up in federal
bankruptcy court and were to be sold this week. He said the City
would notify the new owner that the buildings must be repaired or torn
down within thirty days. Mr. Rooker referred to a woman who was
present, that had been mugged and bruised, as a result of crime in the
area. The Board Members discussed at length, their deep concerns for
crime that exists in this area. Mayor Villines said, "I'm tired of the
process; we have an emergency here and we want the buildings torn
down." Mr. Stodola said the bankruptcy court has full jurisdiction in
this matter and "we have been doing all we can do legally." He was
requested to ask the bankruptcy judge to allow the City to tear down
the buildings immediately. Mayor Villines asked Mr. Stodola to do
what he could in an effort to solve the problem.
Attorney Fred Harrison, representing the University of Arkansas,
stated the University had filed a petition with the City Clerk to
vacate and close a portion of the alley in Block 5, Plateau Addition, '
and the portion of West 4th Street between South Elm and South Cedar
Streets, for construction of a research building at the Medical
Center. He asked the Board to reconsider the University's request
that a public hearing be set for May 15th to consider the street and
alley closure, in order to expedite the project. City Manager Tom
Dalton advised the Board that he had a meeting with Dr. Harry Ward,
UAMS chancellor, and reached an agreement on two points: (1) That
prior to the Planning Commission meeting Tuesday, the City will have
in hand, a site plan that will show all the basic concerns that we
have had as it relates to what we would normally ask in the planned
unit development process in landscaping, setback, and other concerns;
and (2) Dr. Ward has agreed that the Medical Center and City will
initiate basically a long -term twenty year parking study for
addressing future sitings for parking decks for the various
facilities. The Planning Commission will reconsider the plans on May
8th. Mayor Villines asked if the administration was agreeable to
going ahead with setting the public hearing for May 15th. Mr. Dalton
responded, that as long as you understand that what has been agreed to
is going to mean that by next week, we are going to have the site plan
in hand. A discussion followed on whether a motion or resolution was
necessary to set the hearing. Director Benafield said that setting
the hearing date on May 15th would not be setting a precedent. City
Manager Tom Dalton stated the notice of hearing must be published
twice and if the Planning Commission is not through with their
deliberations next week, then the second publication of the notice
could be cancelled. Director Dailey commented that the Board could
hold the public hearing without taking action. After lengthy
discussion on the process, Director Benafield suggested that a
resolution to set the hearing date be considered. Resolution No. G,
8,299 was then presented, described as:
RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK,
ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE A
PORTION OF THE ALLEY IN BLOCK 5, AND WEST FOURTH STREET BETWEEN SOUTH
ELM AND SOUTH CEDAR STREETS, PLATEAU ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS;
(Public Hearing date to be May 15, 1990.)
and following the complete reading of the Resolution, a motion was
made by Director Benafield and seconded by Director Shackelford, that
the Resolution be adopted. The Resolution was adopted by unanimous
voice vote of the Board Members present.
Mr. Ross L. Lawhon, 1203 Loretta Lane, addressed the Board of
Directors regarding environmental protection. He requested the City
to sponsor construction of a recycling plant that is centrally located
and accessible to everyone, and have pickups throughout the City
including grocery stores, health clubs and public schools. (A copy of
Mr. Lawhon's request and a petition signed by persons supporting the
proposal was filed with the City Clerk.) Mayor villines responded
that the City is doing some things regarding recycling. City Manager
Tom Dalton advised the Board of Directors that Metroplan is addressing
this very problem. He said the City plans to put together a pilot
program this summer, and at the end of summer, he will have an idea of
401
May 1, 1990, Cont'd.
what a temporary recycling plant would cost. Director Dailey
requested Mr. Dalton to provide a report on the costs over the next
five years of a recycling effort.
Mayor Villines introduced Mr. Terry Matthews, Scout Master, and
Members of Boy Scout Troop No. 604 of the Central Presbyterian Church,
who were present to observe the meeting. The Scouts were working on
the Eagle Badge program.
The next presentation was Resolution No. 8,300, removed from the
Consent Agenda as Item A.(c), with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD CONTRACTS FOR THE PURCHASE OF TWO (2) 25 -TON DUMP TRUCKS AND
GOLF COURSE TURF EQUIPMENT FOR THE DEPARTMENT OF HUMAN AND GENERAL
SERVICES, FLEET SERVICES DIVISION;
(Dump Trucks: Clark Machinery Company, not to exceed $329,142.00;
Golf Course Turf Equipment: Various Bidders, not to exceed
$113,007.00.)
and the Resolution was read in its entirety. A discussion followed
' regarding purchase of the dump trucks. Mr. Burk Sims, representing
Midco, spoke in opposition to the Resolution. Mr. Sims said the first
time bids were submitted, Midco was the low bidder, and the bids were
all thrown out. Then, everybody bid again. He said the second time,
Midco bid the same as before, and "these people" came down $20,000 on
the same truck. Mr. Sims stated that he sells the same truck by a
different name. Upon question by Director Benafield, Mr. Sims said
the truck he bid is made in Scotland. Mr. John Paul Richards,
representing Hugg Equipment Company, also spoke in opposition to the
Resolution. He had a problem with the specifications as written by
the Fleet Services Division, and challenged the 17 ft. bed. Director
Benafield asked Mr. Richards if the term "or equivalent" was used in
the specifications, and he responded "yes, in some respects."
Attorney Tom Prince spoke for the Clark Machinery Company, who was the
successful bidder. He said that Clark Machinery Company was the low
bidder and did meet all the specifications. Mr. Prince assured that
the outside dimension of the truck bed will be 17 feet. Upon question
by Director Benafield, City Manager Tom Dalton said, "we are
recommending the Clark bid and of the information they submitted, it
appears to us they have met or exceeded all specifications."
Following the discussion, Director Dailey made a motion, seconded by
Director Shackelford, that the Resolution be adopted. The Resolution
was then adopted by unanimous voice vote of the Board Members present.
Resolution No. 8,301 was introduced, entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK
SUSPENDING FOR A PERIOD UP TO SIXTY (60) DAYS THE MAY 1, 1990 DEADLINE
FOR REMOVAL OF BILLBOARDS FROM SCENIC CORRIDORS AS PROVIDED BY SECTION
27 -27(c) OF THE LITTLE ROCK CITY CODE;
j and there was a complete reading of the Resolution. Ms. Ruth Bell,
7611 Briarwood Road, representing the League of Women Voters, spoke in
strong support of the Sign and Billboard Ordinance. Ms. Bell said she
understands the concerns of the Board regarding the cost of removal of
the billboards, but to do otherwise only encourages other entities
regulated by the City to ignore Ordinance requirements and lessens
citizen confidence in City Government. She strongly urged the Board
to pursue every legal recourse available before considering a
negotiated settlement with billboard owners. Mayor Villines said he
hoped that the City and billboard owners could reach an agreement that
would bring down all 42 billboards. He felt it worth a chance to try
to work out something during the next sixty days. Director
Hollingsworth commented that billboards is an issue worth wrestling
with. Director Shackelford said the Board needed an opportunity to
see what can be done, pointing out that the Board was not lessening
its commitment. Director Benafield interjected that he does not
believe in taking something without paying for it. City Attorney Mark
Stodola indicated amortization might not be sufficient compensation,
and it could cost the City $500,000 to $2,500,000 to get the
billboards down. There was no further discussion and Director
Benafield moved, seconded by Director Dailey, that the Resolution be
adopted. The Resolution was therefore, adopted by unanimous voice
vote of the Board of Directors present.
r7
L
02
May 1, 1990, Cont'd.
A public hearing had been scheduled for this time and place to
consider an Ordinance to amend the Highway 10 Plan, north of Highway
10 between Patrick Country Road and Katillius Road. Mayor Villines
declared the public hearing open and when no one appeared to speak for
or against the amendment, he declared the public hearing closed and
Ordinance No. 15,856 was presented, entitled:
AN ORDINANCE AMENDING THE HIGHWAY 10 PLAN, NORTH OF HIGHWAY 10
BETWEEN PATRICK COUNTRY ROAD AND KATILLIUS ROAD; AND FOR OTHER
PURPOSES;
with the Ordinance being read the first time, after which there was a
motion by Director Bussey for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded. by
Director Dailey, and unanimously adopted by members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect. A second reading of the
Ordinance followed, with a motion being made by Director Dailey and
seconded by Director Priest, to further suspend the rules and place
the Ordinance on third and final reading. With the motion having been
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect, the Ordinance was read the third and last ,
time. The resulting Aye and No Vote taken on passage of the Ordinance
is herein recorded as follows: Ayes - Directors Benafield,
Hollingsworth, Bussey, Shackelford, Dailey, Mayor Villines and
Director Priest - total 7; Noes - None; Absent - None. Therefore,
the Ordinance was declared PASSED.
Zoning Application Z- 4343 -B from Ed Willis, Agent for Financial
Centre Corporation, was introduced next. The application to rezone a
long legal description in Sections 13 & 14, T -2 -N, R -14 -W, Highway No.
10 /Johnson Ranch Road, from "R -2 ", "MF -12 ", "MF -18 ", "0 -2" and "C -2"
Districts to "R -2" Single - family, "MF -12" Multi- family, "MF -18" Multi-
family, "0 -2" General Office and "C -2" Shopping Center Districts, was
approved by the Planning Commission on March 27, 1990. No opposition
to the rezoning was presented and Ordinance No. 15,857 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;
(Z- 4343 -B - Rezoning a tract on Highway 10 at Ranch Boulevard.)
and the Ordinance as read the first time, followed by a motion whereby
the rules were suspended to allow for the second reading of the
ordinance. The motion was made by Director Bussey, seconded by
Director Dailey, and unanimously adopted by members of the Board of
Directors present, being seven 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 Dailey,
seconded by Director Priest, 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 the members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect, and there was a third and last
reading of the Ordinance. The passage of the Ordinance was then
submitted to an Aye and No Vote which resulted as follows: Ayes -
Directors Benafield, Hollingsworth, Bussey, Shackelford, Dailey, Mayor
Villines and Director Priest - total 7; Noes - None; Absent - None.
The Ordinance was then declared PASSED.
The next presentation was Zoning Application Z- 4886 -A, filed by
Mr. Dwight Linkous -for the Linkous Company; Inc. The application
requested the reclassification of a tract located at West 36th and
West Streets (long legal description), from "R -2" Single - family
District to "R -3" Single - family District. The Planning Commission
approved the zoning change on March 27, 1990. No one opposed the
reclassification and Ordinance No. 15,858 was presented, containing
the following caption:
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- 4886 -A - A tract at West 36th and West Streets, from 'R -2" to •R -3"
Single - family District.)
1
May 1, 1990, Cont'd.
and the Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Bussey and seconded by Director Dailey, which was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors- elect. Upon second reading of the Ordinance, there was a
subsequent motion made by Director Dailey that the rules be further
suspended and the Ordinance be placed on third and final reading.
Director Priest seconded the motion which was adopted by unanimous
vote of the members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on the question, Shall the
Ordinance Pass, with the response being: Ayes - Directors Benafield,
Hollingsworth, Bussey, Shackelford, Dailey, Mayor Villines and
Director Priest - total 7; Noes - None; Absent - None. Whereupon,
the Ordinance was declared PASSED.
Consideration was then given to Zoning Application Z -5285 filed
by Sam L. Chaffin, to rezone Part of Tract II, Gloecklers Acres,
located on Doyle Springs Road and 1 -30 (long legal description), from
"R -2" Single - family District to "I -2" Light Industrial District. The
application was approved by the Planning Commission on March 27, 1990.
No opposition was presented to the rezoning and Ordinance No. 15,859
was presented, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5285 - A tract on Doyle Springs Road and I -30, from "R -2" District
to "I -2" Light Industrial District.)
with the Ordinance being read the first time, after which there was a
motion by Director Bussey for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Dailey, and unanimously adopted by members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect. A second reading of the
Ordinance followed, with a motion being made by Director Dailey and
seconded by Director Priest, to further suspend the rules and place
the Ordinance on third and final reading. With the motion having been
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect, the Ordinance was read the third and last
time. The resulting Aye and No Vote taken on passage of the Ordinance
is herein recorded as follows: Ayes - Directors Benafield,
Hollingsworth, Bussey, Shackelford, Dailey, Mayor Villines and
Director Priest - total 7; Noes - None; Absent - None. The
Ordinance was then declared PASSED.
Ordinance No. 15,860 was the next presentation, with the title
being:
AN ORDINANCE TO APPROVE THE FIRST AMENDMENT TO THE INTERLOCAL
AGREEMENT TO CHARTER THE CENTRAL ARKANSAS TRANSIT AUTHORITY ( "CATA ");
TO GRANT CATA A FRANCHISE TO USE THE STREETS OF THE CITY OF LITTLE
ROCK; AND FOR OTHER PURPOSES;
and after a first reading of the Ordinance, there was a motion by
Director Bussey, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued. A
subsequent motion was made by Director Dailey and seconded by Director
Priest, to further suspend the rules and place the Ordinance on third
and final reading. The motion was unanimously adopted by members of
the Board of Directors present, being seven in number and two - thirds
or more of the members of the Board of Directors - elect. There was a
third and final reading of the Ordinance after which an Aye and No
Vote was taken on the question, Shall the Ordinance Pass, with the
results recorded as follows: Ayes - Directors Benafield,
Hollingsworth, Bussey, Sha__ckelford, Dailey, Mayor Villines and
Director Priest - total 7; Noes - None; Absent - None. Mayor
Villines then announced that the Ordinance had PASSED.
`04
May 1, 1990, Cont'd.
Zoning Application Z -5303 was introduced next and was filed by
Mr. Leland B. Jones for Curtis and Beverly Cope, to rezone 13,025 West
Markham Street, from "R -2" Single- family District to "0-3" General
Office District. The proposal received the approval of the Planning
Commission on March 27, 1990. Ms. Pat Heins, Manager of Shadow Lake
Apartments at 13111 West Markham Street, voiced opposition to the
proposed rezoning and asked: "our position is, is everything else in
this area going commercial ?" Director Hollingsworth responded, "you
do realize it is for office." Ms. Heins said, "we realize it won't be
like Bale Chevrolet." Mayor Villines explained the Plan is not being
altered. Director Dailey told Ms. Heins, "we value your participation
in letting us know your opinion." There was no further discussion and
Ordinance No. 15,861 was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5303 - 13,025 West Markham Street, from "R -2" Single - family
District to "O -3" General Office District.)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Bussey, seconded by Director Hollingsworth, and by unanimous vote of
the members of the Board of Directors present, being seven in number
and two - thirds or more of the members of the Board of Directors - elect.
_
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Bussey, seconded by Director Dailey, that the rules
be further suspended and the Ordinance be placed on third and final
reading. The motion was unanimously adopted by members of the Board
of Directors present, being seven in number and two- thirds or more of
the members of the Board of Directors - elect; whereupon, the Ordinance
was then read the third and last time. An Aye and No Vote was taken
on passage of the Ordinance which resulted as herein recorded: Ayes -
Directors Benafield, Hollingsworth, Bussey, Shackelford, Dailey, Mayor
Villines and Director Priest - total 7; Noes - None; Absent - None.
The Ordinance was then declared PASSED.
The next presentation was a proposed Ordinance, containing the
following caption:
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 -5260 - To rezone 8521 Scott Hamilton Drive, from "R -2" Single -
family District to "C -3" General Commercial District. The Staff had
recommended denial and the Planning Commission denied the application
by a vote of 5 ayes, 6 noes, on December 12, 1989. The applicant
filed an appeal of the denial to the Board of Directors.)
'
and the proposed Ordinance was read the second time, having been read
the first time on April 17, 1990. Director Shackelford questioned Mr.
Kamis Alley, the owner, who was present, if "C -2" would be acceptable.
Mr. Alley said the developer had said only "C -3" would be acceptable
because he wanted to include gasoline pumps in the development.
Director Priest voiced her continued opposition saying commercial
zoning will hurt Scott Hamilton in this area. A motion was made by
Director Priest and seconded by Director Bussey, that the rules be
suspended and the Ordinance be placed on third and final reading. The
motion was unanimously adopted by members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors- elect; whereupon, the Ordinance was then
read the third and last time. An Aye and No Vote was taken on passage
of the Ordinance which resulted as herein recorded: Ayes - Directors
Benafield and Dailey - total 2; Noes - Directors Priest,
Hollingsworth, Bussey, Shackelford and Mayor Villines - total 5;
Absent - None. Mayor Villines then announced that the Ordinance had
FAILED TO PASS.
Ordinance No. 15,862 was introduced, entitled:
AN ORDINANCE TO APPROPRIATE $100,000 FROM THE ECONOMIC
DEVELOPMENT FUND FOR PURPOSES OF A CONTRACT BETWEEN THE GREATER LITTLE
ROCK CHAMBER OF COMMERCE AND THE CITY OF LITTLE ROCK FOR THE PROMOTION
OF ECONOMIC DEVELOPMENT WITHIN THE CITY; TO WAIVE COMPETITIVE BIDDING;
TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES;
I
4(!5
1
May 1, 1990, Cont'd.
(City Manager authorized to enter into a contractural agreement with
the Greater Little Rock Chamber of Commerce for the purpose of
promoting economic development provided that the City will provide no
more than $100,000 to the contract and that this $100,000 must be
matched on the $2 for $1 basis by the Greater Little Rock Chamber of
Commerce.)
and the Ordinance was read the first time. City Manager Tom Dalton
presented the Board Members with a rough draft of the letter of
agreement and a breakdown of expenditures in the City's $100,000 which
shows a total of $97,015.02 expended. The last two pages show how the
$97,015.02 relates to the Chamber's $200,000, and a composite of the
$300,000 total expenditures. A motion was then made to suspend the
rules and place the Ordinance on second reading by a motion from
Director Bussey and seconded by Director Shackelford, which was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. Upon second reading of the Ordinance, there
was a subsequent motion by Director Bussey that the rules be further
suspended and the Ordinance be placed on third and final reading.
Director Dailey seconded the motion which was adopted by unanimous
vote of the members of the Board of Directors present, being seven in
' number and two - thirds or more of the members of the Board of
Directors - elect. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the response being: Ayes - Directors Benafield, Hollingsworth,
Bussey, Shackelford, Dailey and Mayor Villines - total 6; Noes -
None; Abstentions - Director Priest; Absent - None.
The Emergency Clause contained in Section 4 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Benafield, Hollingsworth, Bussey, Shackelford, Dailey
and Mayor Villines - total 6; Noes - None; Abstentions - Director
Priest; Absent - None. Therefore, the Ordinance, together with the
Emergency Section, was then declared PASSED.
Consideration was then given to Ordinance No. 15,863, entitled:
AN ORDINANCE TO APPROPRIATE $15,000 FROM GENERAL REVENUES TO THE
POLICE DEPARTMENT TO ENTER INTO A CONTRACT WITH STEPPING STONE, INC.,
TO PROVIDE SHELTER CARE FOR JUVENILES TAKEN INTO CUSTODY, AND TO WAIVE
COMPETITIVE BIDDING FOR THIS CONTRACT; AND FOR OTHER PURPOSES;
(Ordinance was presented and read the first and second times in the
amount of $30,000, but amended to appropriate only $15,000 after the
second reading.)
and the Ordinance was read the first time. The rules were suspended
and the Ordinance placed on second reading by motion from Director
' Dailey and seconded by Director Hollingsworth, which was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. The Ordinance was then read the second time.
Director Dailey moved to amend the Ordinance to appropriate $15,000 in
lieu of $30,000, based on the number of dollars in the unappropriated
balance of the General Fund, the issues before the Board, and that the
full amount be considered in the 1991 budget process. The motion was
seconded by Director Priest. Director Benafield said he feels
"Stepping Stone" is an emergency shelter for youth and it saves the
City a lot more than $30,000 adding; "this Director feels an agreement
had been made, but a vote had not been taken on the $30,000." He said
he did commit to $30,000 and hopes that the private sector will
appropriate the other $15,000. The motion to appropriate $15,000 was
unanimously adopted by voice vote of the Board Members present. A
motion then followed by Director Dailey, seconded by Director
Benafield, that the Ordinance, as amended, be placed on third and
final reading. To continue the discussion, Director Hollingsworth
said he had a hard time picking and choosing between worthwhile
agencies in the budget process. City Manager Tom Dalton commented
relating to the Chamber of Commerce and Stepping Stone, "payments will
only be made based on invoices submitted to us." Mr. Jim Gattis 136
Pleasant Valley Drive, Vice Chairman of the Stepping Stone Board,
addressed the Board explaining that Stepping Stone provides a shelter
for the homeless and runaways and that it is a valid City service. A
voice vote was then taken on the motion to suspend the rules and place
the Ordinance on third and final reading, which was unanimously
' II III adopted by the Board members present, being seven in number and two-
thirds or more of the members of the Board of Directors - elect. The
May 1, 1990, Cont'd.
i
II
Ordinance, as amended, was then read the third and last time. The Aye
and No Vote taken on passage of the Ordinance, as amended, received
the following response: Ayes - Directors Benafield, Hollingsworth,
Bussey, Shackelford, Dailey, Mayor Villines and Director Priest -
total 7; Noes - None; • Absent - None. The Ordinance,- as amended, was
then declared PASSED.
Ordinance No. 15,864 was introduced, with the title being:
AN ORDINANCE TO APPROPRIATE $30,000 FROM THE UNAPPROPRIATED
GENERAL FUND BALANCE TO THE MUSEUM OF SCIENCE AND HISTORY; AND FOR
OTHER PURPOSES;
and the Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Dailey, which was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. Upon second reading of the Ordinance, there was a
subsequent motion made by Director Dailey that the rules be further
suspended and the Ordinance be placed on third and final reading.
Director Shackelford seconded the motion which was adopted by
unanimous vote of the members of the Board of Directors present, being
seven in number and two- thirds or more of the members of the Board of
Directors- elect. The Ordinance was then read the third and last time.
In a brief discussion before the vote was taken, Director Benafield
referred to the Museum's 1990 budget cuts and said he would be voting
for the Ordinance which would restore these funds. A roll call vote
then followed with the results recorded as follows: Ayes - Directors
Benafield, Hollingsworth, Bussey, Shackelford, Dailey, Mayor Villines
and Director Priest - total 7; Noes - None; Absent - None. The
Ordinance was then declared PASSED.
An Ordinance appropriating $3,000 from the unappropriated balance
of the General Fund to SCAN (Suspected Child Abuse and Neglect)
appeared on the Agenda as Item F -10. Mayor Villines announced that
this Ordinance was being withdrawn from the Agenda; therefore, NO
ACTION WAS TAKEN.
The next matter to be considered was Ordinance No. 15,865,
described as:
AN ORDINANCE TO APPROPRIATE $95,000 FROM THE UNAPPROPRIATED
GENERAL FUND BALANCE FOR THE PURCHASE OF PARK LAND IN SOUTHWEST LITTLE
ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
(For 30.177 acres in Southwest Little Rock as an addition to Hindman
Park.)
with the Ordinance being read the first time, followed by a motion
whereby the rules were suspended to permit the second reading of the
,
Ordinance. The motion was made by Director Priest, seconded by
Director Dailey, and unanimously adopted by members of the Board of
Directors present, being seven 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 again made by Director
Priest and 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 the members of the Board
of Directors present, being seven in number and two - thirds or more of
the members of the Board of Directors - elect, and there was a third and
last reading of the Ordinance. Before the vote was taken, a
discussion evolved in which Director Benafield said he would be voting
against this Ordinance because he feels the money is needed more in
park maintenance. Director Dailey said because of his commitment to
existing parks, he felt this might offer an alternate entrance to
Hindman Park. Director Hollingsworth said his reason for voting
affirmatively is because the City has an opportunity to purchase land
west of Hindman Park. For the record, Director Benafield asked Mr.
Charles Nickerson, Assistant City Manager of Operations, "is this
something someone fought hard to get us to buy ?" Mr. Nickerson
responded that this was not in the budget process, but the land would
connect to Hindman Park. Director Benafield continued by saying that
Mr. Julius Breckling is in charge of parks, and if this had been a top
priority, he would have included this in the budget. He said he had
reason to believe this is not a high priority and is a lot of concern
in the community; adding, "normally we don't do these kinds of things
when we are broke, and it seems some decision was made in the ranks."
,
i
07
Mav 1. 1990, Cont'd.
Upon question by Director Benafield, Mr. Nickerson said we feel
comfortable with the price. To close the discussion, City Manager Tom
Dalton interjected that he did not recommend any of the proposals
brought by the Board. The roll call vote was then taken on the
question, Shall the Ordinance Pass, with the response being: Ayes -
Directors Hollingsworth, Bussey, Shackelford, Dailey, Mayor Villines
and Director Priest - total 6; Noes - Director Benafield - total 1;
Absent - None; Whereupon, the Ordinance was then declared PASSED.
The next presentation was Ordinance No. 15,866, with the title
being:
AN ORDINANCE APPROPRIATING $31,000 FROM THE UNAPPROPRIATED
GENERAL FUND BALANCE TO BE USED FOR EMPLOYEE TRAINING AND STATE
LICENSING FEES NECESSITATED BY THE ARKANSAS UNIFORM COMMERCIAL
DRIVER'S LICENSE ACT OF 1989; AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH THE LITERACY COUNCIL OF PULASKI COUNTY, WAIVE
COMPETITIVE BIDDING FOR THIS CONTRACT AND FOR OTHER SERVICES;
(Mandated by State Act 241 of 1989.)
and the Ordinance was read the first time. The rules were then
suspended to allow for the second reading by motion from Director
' Shackelford, seconded by Director Priest, and by unanimous vote of the
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
again made by Director Shackelford, seconded by Director Dailey, that
the rules be further suspended and the Ordinance be placed on third
and final reading. The motion was unanimously adopted by members of
the Board of Directors present, being seven in number and two - thirds
or more of the members of the Board of Directors - elect; whereupon, the
Ordinance was read the third and last time. An Aye and No Vote was
taken on passage of the Ordinance which resulted as herein recorded:
Ayes - Directors Benafield, Hollingsworth, Bussey, Shackelford,
Dailey, Mayor Villines and Director Priest - total 7; Noes - None;
Absent - None. The Ordinance was then declared PASSED.
The last matter to be considered was Ordinance No. 15,867,
entitled:
AN ORDINANCE TO AMEND ORDINANCE 15,783 (THE 1990 BUDGET
ORDINANCE) APPROPRIATING FUNDS FOR CERTAIN EXPENDITURES;
(Transferring $49,315 of the $664,645 appropriated for capital needs
of the new and expanded programs in the Police Department, to the
appropriate divisions of the Police Department.)
1
and said Ordinance was read the first time, followed by a motion from
Director Shackelford, seconded by Director Priest, that the rules be
suspended and the Ordinance be placed on second reading. The motion
adopted by unanimous vote of the members of the Board of Directors
was
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Shackelford, seconded by Director
Dailey, and unanimously adopted by members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect. The Ordinance was read the third and
last time, and there was an Aye and No Vote taken on the passage of
the Ordinance, with the response being: Ayes - Directors Benafield,
Hollingsworth, Bussey, Shackelford, Dailey, Mayor Villines and
Director Priest - total 7; Noes - None; Absent - None. Mayor
Villines announced that the Ordinance had PASSED.
1
1 40IS
May 1, 1990, Cont'd,
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 9:00 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, May 15, 1990,
at 6:00 o'clock P. M.
ATTEST: ANA— APPROVED:
City Clerk Jane Czech Mayor Floyd G. Villines, III
* * * * * * * * * *
Board of Directors Chamber
Little Rock, Arkansas
May 15, 1990 - 6:00 P. M.
A RESOLUTION AUTHORIZING THE INSTALLATION OF 24" WATER
MAIN EXTENSION FROM 3 -M ROAD SOUTH GENERALLY ALONG HIGHWAY 365 TO
DULIN ROAD; A 20" WATER MAIN EXTENSION FROM THE SECTION LINE SOUTH TO
GATES LANE; A 12" WATER MAIN EXTENSION AT GATES LAN SOUTHERLY ALONG
HIGHWAY 365 TO DAUGHERTY ROAD; A 8" WATER MAIN EXTENSION IN SHAMBURGER
ROAD FROM FISHER LANE WEST TO WILBURN ROAD; AND A 8" WATER MAIN
EXTENSION FROM WRIGHT ROAD TO DAN THOMAS AND DAUGHERTY ROADS.
(e) Resolution No. 81304, described as:
A RESOLUTION APPROVING THE INSTALLATION OF A 12"
DIAMETER WATER MAIN EXTENSION ALONG KIRBY ROAD AND COOPER ORBIT ROAD,
LOCATED IN PULASKI COUNTY AND OUTSIDE THE CITY LIMITS OF LITTLE ROCK,
ARKANSAS.
(f) Resolution No. 8,305, containing the following caption:
RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO
VACATE A PORTION OF EAST 13TH STREET IN MASONIC ADDITION TO THE CITY
OF LITTLE ROCK, ARKANSAS. (Public Hearing date to be June 5, 1990.)
(g) Resolution No. 8,306, entitled:
A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION
TO VACATE A PUBLIC UTILITY EASEMENT IN LOT 1 OF HOOPER BOND ADDITION
TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing date to be June
5, 1990.)
(h) Resolution No. 8,307, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF FIRE HOSES, NOZZLES AND
HEPATITUS B VACCINATIONS FOR THE FIRE DEPARTMENT. (Contract for hoses
and nozzles with Casco, not to exceed $22,982; Contract for Hepatitus
B vaccinations with St. Vincent Health Clinic, not to exceed $47,600.)
409
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. Assistant
City Clerk Robbie Hancock called the roll in the absence of City Clerk
Jane Czech, with the following Directors present: Directors Priest,
Benafield, Hollingsworth, Shackelford and Dailey - total 5; Absent -
Director Hussey - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Director Hollingsworth.
The first matter to be considered was the Consent Agenda,
consisting of the following items:
(a) The reading of the Minutes of the previous meeting held May
'
it 1990.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of March, 1990.
(c) Resolution No. 8,302, entitled:
A RESOLUTION APPROVING THE INSTALLATION OF A 16"
DIAMETER WATER MAIN EXTENSION ALONG HIGHWAY 10 (HIGHWAY 300 TO RUMMELL
ROAD), LOCATED IN PULASKI COUNTY AND OUTSIDE THE CITY LIMITS OF LITTLE
i
ROCK, ARKANSAS.
(d) Resolution No. 8,303, with the title being:
A RESOLUTION AUTHORIZING THE INSTALLATION OF 24" WATER
MAIN EXTENSION FROM 3 -M ROAD SOUTH GENERALLY ALONG HIGHWAY 365 TO
DULIN ROAD; A 20" WATER MAIN EXTENSION FROM THE SECTION LINE SOUTH TO
GATES LANE; A 12" WATER MAIN EXTENSION AT GATES LAN SOUTHERLY ALONG
HIGHWAY 365 TO DAUGHERTY ROAD; A 8" WATER MAIN EXTENSION IN SHAMBURGER
ROAD FROM FISHER LANE WEST TO WILBURN ROAD; AND A 8" WATER MAIN
EXTENSION FROM WRIGHT ROAD TO DAN THOMAS AND DAUGHERTY ROADS.
(e) Resolution No. 81304, described as:
A RESOLUTION APPROVING THE INSTALLATION OF A 12"
DIAMETER WATER MAIN EXTENSION ALONG KIRBY ROAD AND COOPER ORBIT ROAD,
LOCATED IN PULASKI COUNTY AND OUTSIDE THE CITY LIMITS OF LITTLE ROCK,
ARKANSAS.
(f) Resolution No. 8,305, containing the following caption:
RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO
VACATE A PORTION OF EAST 13TH STREET IN MASONIC ADDITION TO THE CITY
OF LITTLE ROCK, ARKANSAS. (Public Hearing date to be June 5, 1990.)
(g) Resolution No. 8,306, entitled:
A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION
TO VACATE A PUBLIC UTILITY EASEMENT IN LOT 1 OF HOOPER BOND ADDITION
TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing date to be June
5, 1990.)
(h) Resolution No. 8,307, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF FIRE HOSES, NOZZLES AND
HEPATITUS B VACCINATIONS FOR THE FIRE DEPARTMENT. (Contract for hoses
and nozzles with Casco, not to exceed $22,982; Contract for Hepatitus
B vaccinations with St. Vincent Health Clinic, not to exceed $47,600.)
409
410
May 15, '1990, Cont'd.
(i) Resolution No. 8,308, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH ADJUSTCO, INC. TO PROVIDE CLAIMS ADMINISTRATION AND
LOSS CONTROL SERVICES TO THE CITY OF LITTLE ROCK WORKERS' COMPENSATION
PROGRAM FOR THE PERIOD OF JULY 1, 1990 THROUGH JUNE 30, 1991.
(j) Resolution No. 8,309, containing the following heading:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH EMPLOYERS' REINSURANCE CORPORATION TO PROVIDE EXCESS
COVERAGE (REINSURANCE) FOR THE CITY'S SELF - INSURED WORKERS'
COMPENSATION PROGRAM FOR A ONE YEAR PERIOD BEGINNING JULY 1, 1990.
(k) Resolution No. 8,310, entitled:
A RESOLUTION AUTHORIZING THE LITTLE ROCK PRIVATE
INDUSTRY COUNCIL TO EXPEND $584,286.75 OF TITLE IIB JOB TRAINING
PARTNERSHIP ACT (JTPA) FUNDS FOR THE PROGRAM YEAR 1990. (City
Beautiful Commission - $25,630; Little Rock School District -
$62,862; Boy Scouts of America, Inc. - $2,500; Participant
Assistance - $65,228.64; Administration - $105,929.01; Participant
Wages & Fringes - $322,137.10.)
By a motion from Director Priest, seconded by Director Shackelford,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held May 1, 1990, were approved as written and
summarized to members of the Board of Directors; (b) The Comparative
Statement of Income Account of the Little Rock Municipal Water Works
for the month of March, 1990, was received and filed; and (c, d, e,
f, g, h, i, j and k) Resolutions No. 8,302, 8,303, 8,304, 8,305,
8,306, 8,307, 8,308, 8,309 and 8,310 were read in full and unanimously
adopted by members of the Board of Directors present.
At the time allotted for Citizen Communications, Mr. Stewart
Noland, an engineer, representing the Saline County waterworks and
Sanitary Sewer Facilities Board; Mr. Harold Seifert, division engineer
for the State Health Department; and Mr. Bob McKeon, chairman of the
Saline County Waterworks and Sanitary Sewer Facilities Board, appealed
to the Board for water connections to Woodland Hills community in
Saline County. Mr. Seifert advised that the community gets its water
from four wells, three of which are contaminated with toxic chemicals,
and the fourth well is unable to produce enough water for the city's
2,000 residents. He said the primary well is barely keeping up with
daily demands even with the rain, and a major problem is anticipated
in the summer. City Manager Tom Dalton explained that City Policy
would require annexation to the City of Little Rock and an agreement
to join the Little Rock School District. Mayor Villines cautioned
that "we've got to be careful about our government actions that could
exasperate the Pulaski County school desegregation case." Mr. Noland
asked the Board for a temporary water connection to help Woodland
Hills until a permanent source could be located, and Mayor Villines
responded, "once you turn on the water, how do you turn it off ?" Mr.
Noland said the only other water alternative is the Sardis community,
but getting water there would be terribly expensive. Mr. Dalton was
requested to write a letter to the Woodland Hills Water Improvement
District stating the requirements for obtaining water from the City of
Little Rock.
Mayor Villines introduced Mr. Roy Millard, Scout Master, and Boy
Scout Troop No. 231, who were present to observe the Board Meeting.
Ms. Nancy Hallum who owns property at 10216 Republic Lane,
complained to the Board of Directors that on March 13th, men hired by
the City, removed property that belonged to her from that address.
She said the long list of items included food from the deep freeze,
toys and her children's swimming pool, and that she was never notified
that the property needed cleaning up. Ms. Hallum advised that she
understood a sign was placed in the yard, but she never saw the sign.
Her attorney received a notice and he advised her of the situation.
Ms. Hallum charged that she was not allowed the full 20 days to clean
up the property, that the crew came in on the 18th day and hauled away
items on her carport that she had ready to be moved and also removed
things from inside the house. City Manager Tom Dalton was requested
to provide a complete report on the matter to Board Members.
G
1
May 15, 1990, Cont'd.
Mr. Muskie Harris, 1514 Summit Avenue, Chairman of the Central
High Community Development Block Grant Area, presented the Board
Members with a sketch of Target Areas 1 and 2 of the Neighborhood
Revitalization Project, in pointing out the Target Areas, Mr. Harris
requested the Board to give City Manager Tom Dalton and Assistant City
Manager Charles Nickerson the "go ahead" to get on with the project
his group has been working on for fourteen years, now that funds are
available to make this project a reality. Mr. Nickerson advised that
"we have been working with citizen groups on positive things like
house painting, intensive code enforcement, etc., all of which are
cooperative efforts of the City Staff and neighborhoods." In closing,
he stated "we are going ahead with the programs the Board has
approved."
The first matter following Citizen Communications was Zoning
Application Z -5304 filed by John A. Phillips, to rezone 5817 and 5819
Big Oak Lane, from "R -2" Single - family District to "C -3" General
Commercial District. The Planning Commission approved the application
on March 27, 1990. No opposition to the rezoning was presented and
Ordinance No. 15,868 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;
(Z -5304 - to rezone 5817 and 5819 Big Oak Lane, from 'R -20 to "C -3"
District.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Shackelford, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance
followed by a subsequent motion made and seconded by Directors
Shackelford and Dailey, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being six 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. The Aye and
No Vote taken on passage of the Ordinance received the following
response: Ayes - Directors Hollingsworth, Shackelford, Dailey, Mayor
Villines, Directors Priest and Benafield - total 6; Noes - None;
Absent - Director Hussey - total 1. Therefore, the Ordinance was
declared PASSED.
Ordinance No. 15,869 was introduced, entitled:
AN ORDINANCE AMENDING THE OTTER CREEK DISTRICT LAND USE PLAN,
SOUTH OF MABELVALE PIKE EAST OF THE STATE HIGHWAY DEPARTMENT; AND FOR
OTHER MATTERS;
(The area south of Mabelvale Pike, east of the State Highway
Department Office, from Single - family to "SD" Commercial District.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Shackelford, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Shackelford that the rules again be
suspended and the Ordinance be placed on third and final reading.
Director Dailey seconded the motion which was adopted by unanimous
vote of the 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 ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Hollingsworth,
Shackelford, Dailey, Mayor Villines, Directors Priest and Benafield -
total 6; Noes - None; Absent - Director Bussey - total 1.
Whereupon, the Ordinance was declared PASSED.
411
412
May 15, 1990, Cont'd.
Consideration was then given to Ordinance No. 150,870, with the
title being:
AN ORDINANCE AMENDING THE HIGHWAY 10 LAND USE PLAN; AND FOR OTHER
MATTERS;
(Re: Northwest Extra- Territorial Plan.)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Shackelford, and by unanimous vote of the
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.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Shackelford, seconded by Director Dailey, that the
rules be suspended and the Ordinance be placed on third and final
reading. 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; whereupon, the Ordinance
was then read the third and last time. An Aye and No Vote was taken
on passage of the Ordinance which resulted as herein recorded: Ayes -
Directors Hollingsworth, Shackelford, Dailey, Mayor Villines,
Directors Priest and Benafield - total 6; Noes - None; Absent -
Director Bussey - total 1. Mayor Villines then announced that the
Ordinance had PASSED.
The next presentation was Ordinance No. 15,871, described as:
AN ORDINANCE TO AMEND ORDINANCE 15,147; AND FOR OTHER MATTERS;
(Revision to the Southwest Plan to adopt Ellis Mountain /Crystal Valley
Districts Plans and repeal the area within the Otter Creek District.)
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Shackelford, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the 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 a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion being made by Director Shackelford, seconded by Director
Dailey, and 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. The Ordinance was read the third and
last time, and there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the response being: Ayes - Directors
Hollingsworth, Shackelford, Dailey, Mayor Villines, Directors Priest
and Benafield - total 6; Noes - None; Absent - Director Hussey -
total 1. The Ordinance was then declared PASSED.
Ordinance No. 15,872 was presented, with the title being:
AN ORDINANCE TO AMEND ORDINANCE 15,147; AND FOR OTHER MATTERS;
(Revision to Upper Rock Creek Plan to adopt the Rock Creek Valley
District Plan and repeal the area within the Pleasant Valley
District.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Shackelford, to suspend the
rules and place the Ordinance on second reading. 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, and the second reading of the Ordinance ensued. A
subsequent motion was made by Director Shackelford and seconded by
Director Dailey, to further suspend the rules and place the Ordinance
on third and final reading. 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.
There was a third and final reading of the Ordinance after which an
Aye and No Vote was taken on passage of the Ordinance and resulted as
follows: Ayes - Directors Hollingsworth, Shackelford, Dailey, Mayor
Villines, Directors Priest and Benafield - total 6; Noes - None;
Absent - Director Bussey - total 1. Therefore, the Ordinance was
declared PASSED.
u
1
413
May 15, 1990, Cont'd.
Zoning Application Z -5305 filed by Loyd Sullinger was the next
presentation. The application requested the reclassification of 4316
and 4320 West 12th Street, from "R -3" Single - family District to "O -1"
Quiet Office District. The Planning Commission approved the
reclassification on April 24, 1990. A discussion ensued among Board
Members regarding quality development and the activity that is
starting to occur along West 12th Street, and what the City could do
to help things happen that would be more feasible. Mr. Jim Lawson,
Director of Comprehensive Planning, stated that Staff has not done a
complete review of 12th Street in terms of redevelopment planning in
order to create new development. Director Shackelford encouraged
quality development and could not support this proposal. A motion was
then made by Director Shackelford and seconded by Director Dailey that
"Staff conduct a study of 12th Street from Park Street west to Fair
Park Boulevard, and bring back a recommendation for 12th Street. The
motion was adopted by the following voice vote: Ayes - Directors
Priest, Hollingsworth, Shackelford, Dailey and Mayor Villines - total
5; Noes - Director Benafield - total 1; Absent - Director Hussey -
total 1. A proposed Ordinance to reclassify the property was then
presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5305 - To rezone 4316 and 4320 west 12th Street, from "R -3" Single -
family District to "O -1" Quiet Office District.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Dailey and seconded by Director Benafield, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Priest that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Dailey seconded the motion and the following roll call vote was taken
on suspension of the rules for the third and final reading with the
results recorded as follows: Ayes - Directors Benafield and Dailey -
total 2; Noes - Directors Priest, Hollingsworth, Shackelford and
Mayor Villines - total 4; Absent - Director Bussey - total 1.
Therefore, the proposed Ordinance remained on the calendar for third
and final reading on June 51 1990.
Consideration was then given to Ordinance No. 15,873, containing
the following caption:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED BOLIN SHORT FORM PCD (Z -5312) 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 -5312 - Planned Commercial Development located at the Northwest
corner of Hinson Loop Road and Rainwood Drive, from "0-3" District to
"PCD" for auto related services.)
and the Ordinance was read the first time. Mr. Jim Lawson, Director
of Comprehensive Planning, presented a drawing and explained the
changes in the site plan that the applicant agreed to. He said the
building size has been reduced by 900 square feet, and by doing that,
there is an increased 10 ft. setback from Rainwood and a 5 ft.
increased setback to the north which is a day care. Mr. Lawson
further advised, the applicant agreed to eliminate the curb cut on
Rainwood and add green space. There will be no ground mounted sign on
the site, but will only have a wall sign. The applicant also agreed
to keep the bays down on the west side that abuts the condominium
area. Also, to increase by two times, the amount of trees that are to
be placed on all the boundaries between the new trees and the
condominiums (a tree every 20 ft. instead of one tree per 40 ft.). In
conclusion, he said we end up with about a 45 1/2 ft. building setback
on Rainwood and about a 50 ft. setback on Hinson Loop Road. Upon
question by Director Dailey, Mr. Lawson said that based upon the
changes, the Staff can recommend the proposal. Director Hollingsworth
had problems with the proposed separate uses and the short -form,
instead of the long -form PCD. Mr. Robert Brown, Development
Consultant representing Mr. Sanford Bolin, explained the proposed uses
and hours of operation of the businesses in the development. A motion
was then made by Director Priest and seconded by Director Shackelford,
414
May 15, 1990, Cont'd.
that the rules be suspended and the Ordinance be placed on second
reading. The motion was unanimously adopted by the Board Members
present being six in number and two - thirds or more of the members of
the Board of Directors - elect. The Ordinance was then read the second
time and there was a subsequent motion again made by Director Priest
that the rules be further suspended and the Ordinance be placed on
third and final reading. Director Shackelford seconded the motion
which was adopted by unanimous vote of the 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 ensued, followed by an Aye and No Vote taken on the
question, Shall the Ordinance Pass, with the response being: Ayes -
Directors Shackelford, Dailey, Mayor Villines, Directors Priest and
Benafield - total 5; Noes - Director Hollingsworth - total 1; Absent
- Director Bussey - total 1. The Ordinance was then declared PASSED.
A public hearing had been scheduled by Resolution No. 8,299 (See
May 1, 1990 Minute Record), and notice thereof duly published on May
7, 1990 and May 14, 1990, on the petition filed by the Board of
Trustees of the University of Arkansas, to vacate and close a portion
of the alley in Block 51 and West 4th Street between South Cedar and
South Elm Streets in Plateau Addition to the City of Little Rock,
Arkansas. Attached to the petition was a certified copy of the plat
of Plateau Addition on file in the Pulaski County Circuit Clerk's
Office, a letter from Beach Abstract Company listing the last apparent
owners of record to abutting property, a letter from Rental Properties
Partnership to join in the petition to vacate a portion of the above
mentioned alley, and a letter from Arkansas Baptist State Convention,
stating they had transferred title to Lots 14 and 15, Block 5, Plateau
Addition to the Board of Trustees of the University of Arkansas.
Mayor Villines declared the public hearing open and Mr. Jim Lawson,
Director of Comprehensive Planning, made a presentation and stated the
Staff had worked with the architect and the University of Arkansas
Medical Science Officials on the development of the site plan for the
research center. Following the brief discussion, the public hearing
was declared closed and Ordinance No. 15,874 was presented, with the
title being:
AN ORDINANCE VACATING AND CLOSING A PORTION OF AN ALLEY IN BLOCK
5, PLATEAU ADDITION TO THE CITY OF LITTLE ROCK AND VACATING AND
CLOSING WEST FOURTH STREET BETWEEN SOUTH ELM AND SOUTH CEDAR STREETS
IN PLATEAU ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR
OTHER PURPOSES;
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Shackelford, and by unanimous vote of the
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.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Dailey, seconded by Director Priest, that the rules
'
be further suspended and the Ordinance be placed on third and final
reading. 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; whereupon, the Ordinance
was then read the third and last time. ' An Aye and No Vote was taken
on passage of the Ordinance which resulted as herein recorded: Ayes -
Directors Hollingsworth, Shackelford, Dailey, Mayor Villines,
Directors Priest and Benafield - total 6; Noes - None; Absent -
Director Bussey - total 1. Whereupon, the Ordinance was declared
PASSED.
At the request of Vice Mayor /Director Sharon Priest, the
following proposed Ordinance was presented, entitled:
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;
(Properties commonly referred to as 'Sin City' and located in Vernon
Place Addition and Wallace Baseline Acres, south of Baseline Road.)
and the proposed Ordinance was read the first time. In a lengthy
discussion, funds for demolition, and the fact that 19 units of the
development are now in the bankruptcy courts were discussed.
Following the discussion, there was no motion for suspension of the
,
l
I
May 15, 1990, Cont'd.
rules, therefore the proposed ordinance remained on the calendar for
second reading on June 5, 1990.
To conclude the meeting, Director Dailey requested that City
Manager Tom Dalton provide a brief report on the police problem on
20th Street.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 9:00 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, June 51 1990,
at 6:00 o'clock P. M.
ATTEST: APPROVED:
Mayor d Villines III
City Clerk Jane Czech ay r F o 1 y
* * * * * * * * * * * *
,.r,r.. ,.:ro. .•r a �����
IS
416
Board of Directors Chamber
Little Rock, Arkansas
June 5, 1990 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Vice Mayor Sharon Priest presiding in the
absence of Mayor Floyd G. Villines. City Clerk Jane Czech called the
roll with the following Directors present: Directors Benafield,
Hollingsworth, Hussey, Shackelford and Dailey - total 5; Absent -
Mayor Villines - total 1.
With a quorum present, Vice Mayor Priest declared the Board of
Directors in session.
The Invocation was given by Director Bussey.
The first matter to be considered was the Consent Agenda,
consisting of the following items:
(a) The reading of the Minutes of the previous meeting held May
15, 1990.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of April, 1990.
(c) The 1989 Audit Report of the Little Rock Municipal Judges
Retirement Fund.
(d) The 1989 Audit Report of the Little Rock Firemen's Relief
and Pension Fund.
(e) The 1989 Audit Report of the Little Rock Policemen's Pension
and Relief Fund.
(f) Resolution No. 8,311, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF AUTOMOTIVE FILTERS FOR
THE DEPARTMENT OF HUMAN AND GENERAL SERVICES /FLEET SERVICES DIVISION.
(g) Resolution No. 8,312, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE 1990 STREET RESURFACING PROGRAM.
(Contract to Cranford Construction Company in an amount not to exceed
$258,235.)
(h) Resolution No. 5,313, described as:
11111 RECONSTRUCTION OF RESOLUTION EXPRESSING THE CITY'S
STREET VIADUCT REHABILITATION
IFUNDSS FORMATHE
(i) Resolution No. 8,314, containing the following caption:
A RESOLUTION AUTHORIZING THE DISBURSEMENT OF FUNDS
AVAILABLE THROUGH THE EMERGENCY SHELTER GRANT TO THE UNITED WAY OF
PULASKI COUNTY. (Our House - $29,400; Serenity Park - $7,800;
Centers for Youth and Families - $5,300; Twenty -Four Hour Center -
$4,000; GYST House - $2,500; Advocates for Battered Women - $1,000.)
(j) Resolution No. 8,315, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE AN
APPLICATION TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR AN URBAN HOMESTEADING PROGRAM.
L_l
J
June 5, 1990, Cont'd.
(k) Resolution No. 8,316, with the title being:
A RESOLUTION AMENDING RESOLUTION NO. 6,482 AS
PREVIOUSLY AMENDED BY RESOLUTION NO. 7,630 AND NO. 7,648 APPROVING THE
ESTABLISHMENT OF A DEFINED CONTRIBUTION PLAN AS RETIREMENT FOR NON -
UNIFORMED EMPLOYEES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR
OTHER PURPOSES. (Assistant City Manager for Administration, Personnel
Director, Finance Director and two employees appointed by the City
Manager shall act as Trustees.)
(1) Resolution No. 8,317, which did not appear on the Agenda,
but was placed on the Consent Agenda at the request of Director
Benafield, described as:
A RESOLUTION EXPRESSING THE INTENT OF THE BOARD OF
DIRECTORS TO EXPEND USE TAX MONIES REMITTED TO THE CITY OF LITTLE
ROCK. (Radio Communication Network - $1,500,000; Third Street Bridge
Design and temporary repairs - $115,000; and Demolition /Acquisition -
$385,000, for a total of $2,000,000.).,.;
By motion from Director Shackelford, seconded by Director Dailey,
which was adopted by unanimous vote of the -Board Members present,•rthe
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held May 15, 1990, were approved as written and
summarized to the members of the Board of.Directors; (b, c, d & e) The
Comparative Statement of Income Account of the Little Rock Municipal
Water Works for April, 1990; The 1989 Audit Report of the Little Rock
Municipal Judges Retirement Fund; The 1989 Audit Report of the
Firemen's Relief and Pension Fund; and the 1989 Audit Report of the
Policemen's Pension and Relief Fund were received and filed; and (f,
g, h, i, j, k and 1) Resolutions No. 8,311, 8,312, 8,313, 8,314,
8,315, 8,316 and 8,317 were read in full and unanimously adopted by
the Board Members present.
Ms. Charlene Hardcastle, 312 Fern Street, Mr. Gary Eklund, 1623
Leander Drive, and Ms. Elizabeth Fletcher, 13315 Colonel Glenn Road,
addressed the Board regarding a recycling program. Ms. Fletcher who
is a member of a recycling committee composed of members of the
Arkansas Peace Center and the Sierra Club said, "we would like for the
City to develop a comprehensive plan - one that is all encompassing -
that would include a household hazardous waste center." Ms.
Hardcastle, who is a member of the Sierra Club, said recycling saves
energy and lessens the depletion of natural resources among other
advantages. Mr. Eklund who owns a store, stated he had a recycling
day which was a tremendous success. As a result, he presented a check
to Ms. Fletcher in the amount of $1,.000.00, ,some of _which came from
profits earned from Earth Day activities,.- Vice Mayor Priest advised-
that steps have been taken for the City to develop a recycling
program. She said, "we are all dedicated to the recycling program and
appreciate your efforts." Mr. Eklund presented a petition signed by
2,305 citizens supporting a recycling program.
Mrs. Minervia Guest, 5006 Harris Street in Pankey Addition,
thanked the Board of Directors for the progress being made in her
addition. Director Shackelford expressed appreciation to Mrs. Guest
for attending the meeting and letting the Board know that the citizens
are pleased with the improvements being made in the Pankey
Neighborhood.
Dr. Robert Johnston, 1601 Cumberland Street, located in the
Quapaw Quarter, spoke in support of recycling, increased law and code
enforcement in that area. He urged the City to give attention to
sidewalks and expressed the need for clean -up of a beautiful part of
the City which is now showing deterioration. He specifically called
attention to the area between Main Street and I -30. Director
Hollingsworth requested Assistant City Manager Charles Nickerson to
prepare a report on the area.
Ms. Nancy Hallum, P. 0. Box 19804„ Little Rock, again complained
to the Board Members about persons employed by the City removing
property that belonged to her from 10216 Republic Lane (See May 15,
1990 Minute Record). Ms. Hallum spoke at length regarding the matter.
After receiving a report, Director Dailey said, the,_only, discrepancy he
found was the time frame for removal of-the items in less than twenty,
days from date of the notice. Following the lengthy discussion, Vice
Mayor Priest requested Ms. Hallum to submit a 3ist,of••each allegation
and the City Staff will answer each allegation individually.
�1 i7
is
June 5, 1990, Contd.
Ms. Joanna Gordon, 205 South Cedar Street, a member of the Cedar
Street Committee, representing Cedar Street citizens, advised that her
neighborhood is having problems with the University of Arkansas
Medical Science Campus. She said the property owners are unhappy
because they are not notified of plans for expansion projects
involving their neighborhood. Their biggest concern was the fact that
the State does not notify them of zoning changes. Her main question
was, "why is the University of Arkansas exempt ?" Director Dailey
explained that "we are creatures of the State and perhaps we should go
to the Legislature - there are certain powers above us." In a general
discussion, Director Dailey asked for clarity regarding the matter.
Director Hollingsworth told Ms. Gordon that -it will take her..continued
interest and asked, "how did this happen ?" -Referring 'to 'a l 'titter'
dated May 8, 1990, to City Manager Tom Dalton from Dr. Harry P. Ward,
UAMS Chancellor, setting.. out "Expanion Committments ", Director
Benafield responded that the'BOard did it by agreement. (On May 15,
1990, Ordinance No. 15,874 was passed which vacated a portion of the
alley in Block 5, Plateau Addition and West 4th Street between South
Elm and South Cedar Streets. The letter of agreement was attached to
the Ordinance as Exhibit "C" and the neighborhood contends the
agreement relates to zoning.) Director Benafield requested that in
future UAMS expansion, that the abutting property owners be notified.
Director Dailey stated if the matter is a zoning case, he wants it '
presented in that way. In conclusion, Vice Mayor Priest told Ms.
Gordon that Mr. Nickerson will provide answers to her questions, and
will ask Dr. Ward to notify residents of the area in the future.
The last speaker at Citizen Communication time was Mr. George
Markham of North Little Rock. He spoke regarding the Quapaw Quarter
Area. In order to preserve that beautiful part of town, Mr. Markham
urged that crime and code enforcement be increased. At this point,
referring to condemned and burned out buildings, Director Shackelford
asked when the building at 2004 West 17th Street would be torn down.
In a general discussion of the area, several large buildings were
mentioned including the old West. Side Junior High School Building.
With the concurrence of the Board, Director Shackelford requested that
Staff write a letter to the School District asking-what has-happened,
to these large buildings when schools are relocated. Mr. Nickerson
advised, "we have met with Dr. Steele and notified her of this
situation." The discussion was closed" with 'Director Shackelfo`iV
commenting that she feels the School District has a responsibility.
At 7:55 o'clock P. M., Vice Mayor Priest announced there would be
a ten minute recess.
When the Board of Directors reconvened at 8 :05 o'clock P. M.,
Vice Mayor Priest presided with the following Directors answering roll
call: Directors Benafield, Hollingsworth, Bussey, Shackelford and
Dailey - total 5; Absent - Mayor Villines - total 1.
Director Dailey requested that a discussion be held at the next ,
Agenda Session, on how the Board of Directors is going to deal with
Citizen Communications in the future.
The matter of amending the I -430 District Land Use Plan was the
next matter to be discussed. Mr. Richard Wood of the Department of
Comprehensive Planning, made the Staff presentation and pointed out
various zoning classifications in the surrounding area. The original
request was to change the Plan at the N/W corner of Chenal Parkway and
Autumn Road, from Office to Commercial District. The Staff had
recommended denial and felt Commercial should be kept back near the
Interstate and "0" classification retained. Mr. Joe D. White, 401
Victory Street, of White - Daters & Associates, Inc., who requested the
change, spoke in support of the change,•to-�Commercial;• He-said, °what
I see happening is the property designated "C" is being used as "0 ",
pointing out the Planning,Commission approved the change and there was
no public or neighborhood opposition. Mr. "WYiite - stated "the Staff"dd
not agree with the change because it did not comply with the Land Use
Plan. A discussion then followed regarding a Planned Unit Development
for the property in question. Director Dailey asked Mr. White if he
would have a problem with pursuing a PUD2 Mr. White responded that
"if you want to change the Plan, it would give you more site control."
After further discussion, Director Shackelford made a motion •to amend
the Land Use Plan and change the property to a PCD.° The motion was
seconded by Director Dailey and unanimously adopted by voice vote of
the Board Members present. In conversation with Mr. White, the Board '
determined to remove the Plan Amendment Ordinance and the
Reclassification Ordinance (Items 1 and 2) from the Agenda. The Board
419
June 5, 1990, Cont'd.
then determined it appropriate to proceed with a Plan Amendment
Ordinance to provide for a change in the Land Use Plan from the
current Office use to a mixed use PUD for Office /Commercial use.
Ordinance No. 15,875 was then presented, containing the following
caption:
AN AMENDMENT TO.THE I -430 DISTICT LAND USE PLAN NORTH OF CHENAL
PARKWAY AND WEST OF AUTUMN ROAD AND OTHER MATTERS;
(N/W corner of Chenal Parkway and Autummn Road, from Office to
Office /Commercial with a PUD required (predominately office).
and said Ordinance was read the first time, followed by a motion from
Director Shackelford to suspend the rules and place the Ordinance on
second.. reading. The motion was seconded by Director Dailey and
adopted by unanimous vote of the Board. Members present, being:-six' kn"
number and two - thirds or more of the members of the Board of
Directors - elect, and a'-second reading of thel Ordinance ef ol lowed. The. -
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Dailey and
Shackelford, respectively, and unanimously adopted by the Board
Members present, being six in number and two - thirds or more of the
F' members of the Board of Directors - elect. Following the third and
' final reading of the Ordinance, there was an Aye and No Vote taken on
the question, Shall the Ordinance Pass, with the response being: Ayes
- Directors Bussey, Shackelford, Dailey, Vice Mayor Priest, Directors
Benafield and Hollingsworth - total 6; Noes - None; Absent - Mayor
Villines - total 1. Therefore, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 15,876, entitled:
AN AMENDMENT TO THE I -430 LAND USE PLAN NORTH OF COLONEL GLENN
AND EAST OF SHACKLEFORD AND OTHER MATTERS;
(Industrial area north of Colonel Glenn and either side of Shackleford
Road is enlarged to the north, changing an area from multi - family to
industrial. Along the north edge of the new industrial line, an "OS"
Open Space is added.)
and the Ordinance was read the first time. The rules were then
suspended to provide for the second reading of the Ordinance, by a
motion made by Director Dailey, seconded by Director Shackelford, and
unanimously adopted by the Board Members present, beng,,tsix1,•in-- number
and two - thirds or more of the members of the Board of Directors - elect.
There was a second reading of the Ordinance- followed,, by a subsequent
motion again made and seconded by Directors Dailey and Shackelford,
respectively, to suspend the rules and place the Ordinance on third
and final reading. The motion received unanimous adoption by the
Board Members present, being six 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. The question of passage of the
Ordinance was then submitted to an Aye and No Vote, which received the
following response: Ayes - Directors Bussey, Shackelford, Dailey,
i Vice Mayor Priest, Directors Benafield and Hollingsworth - total 6;
Noes - None; Absent - Mayor Villines - total 1. The Ordinance was
then declared PASSED.
Zoning Application Z -5321 filed by J. E. Hathaway, Jr., Agent for
Savers, Inc., was the next presentation. The application requested
the reclassification of 18 acres located on Shackleford Road, from "R-
2" Single - family District to "I -1" Industrial Park and "OS" Open Space
Districts. The Planning Commission approved the reclassification. No
one was present to speak in opposition to the reclassification and
Ordinance No. 15,877 was presented, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5321 - 18 acres located on Shacklefoid-Road; from •R -21•to "I -L°
and "OS" Districts.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Dailey and seconded by Director Shackelford, which 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. Upon second reading of the Ordinance, there was a
420
June 5, 1990, Cont'd.
subsequent motion by Director Dailey that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Shackelford again seconded the motion which was adopted by unanimous
vote of the 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 ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes :,= Directors* 'Bu'ssey;'
Shackelford, Dailey, Vice Mayor Priest, Directors Benafield and
Hollingsworth - total 6; Noes - None; Absent - Mayor Villines -
total 1. Whereupon, the Ordinance was declared PASSED.
The next presentation was Zoning Application Z -5318, filed by Mr.
William Daniel Thomas, Jr., Trustee, to reclassify the S/E corner of
Geyer Springs and Baseline Roads, from "R -2" Single - family District to
"C -3" General Commercial District. The Planning Commission approved
the zoning change on May 81 1990. No one opposed the reclassification
and Ordinance No. 15,878 was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES,
(Z -5318 - S/E corner Geyer Springs and Baseline Roads, from "R -2" to
"C -3" District.) -
and after a first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Shackelford, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading.. of the Ordinance
followed by a motion made and seconded' by" Directors" Dailey arid"
Shackelford, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The-'motion received 'unanimous`•
adoption by the Board Members present, being six 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 followed. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Directors Bussey, Shackelford, Dailey, Vice Mayor Priest,
Directors Benafield and Hollingsworth - total 6; Noes - None; Absent
- Mayor Villines - total 1. Vice Mayor Priest then announced that the
Ordinance had PASSED.
Zoning Application Z -5319 from Anne M. Alford Winans, et al, was
introduced next. The application to rezone 1901 North Taylor Street,
described as Lot 7, Block 4, Mountain Park Addition, from "R -2"
Single - family District to "C -3" General Commercial District, was
approved by the Planning Commission on May 8, 1990. No opposition to
the rezoning was presented and Ordinance No. 15,879 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;
(Z -5319 - To rezone Lot 7, Block 4, Mountain Park Addition (1901 North
Taylor Street), from "R -2" to "C -3" District.)
with the Ordinance being read the first time, after which there 'was a'
motion by Director Dailey for suspension of the rules and the placing
of the Ordinance on second reading. The, motion was seconded -by
Director Shackelford, and 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 second reading of the
Ordinance followed, with a motion again being made by Director Dailey
and again seconded by Director Shackelford, to further suspend the
rules and place the Ordinance on third and final reading. With the
motion having been 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, the Ordinance was read the
third and last time. The resulting Aye and No Vote taken on passage
of the Ordinance is herein recorded as follows: Ayes.- Directors
Bussey, Shackelford, Dailey, Vice Mayor Priest, Directors Benafield
and Hollingsworth - total 6; Noes - None; Absent - Mayor Villines -
total 1. The Ordinance was then declared PASSED.
L
1
�4F
June '5,'1990, Cont'd.
The next presentation was Zoning Application Z -5320 to rezone
0.3268 acres located on Baseline and Geyer Springs Roads (long legal
description), from "R -2" Single - family District to "C -3" General
Commercial District. The application was filed by Mike Pierce, Triple
Quick, Inc., for property vested in Nancy H. Spencer, and received
approval of the Planning Commission on May 8, 1990. No opposition was
presented to the reclassification and Ordinance No. 15,880 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 -5320 - To rezone 0.3268 acres on Baseline and Geyer Springs Roads,
from °R -20 to "C -30 District.)
and after a first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Shackelford, to suspend the
rules and place the Ordinance on second reading. 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, and the second reading of the Ordinance ensued. A
subsequent motion was made by Director Dailey, again seconded by
Director Shackelford, to further suspend the rules and place the
Ordinance on third and final reading. 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. There was a third and final reading of the Ordinance
after which an Aye and No Vote was taken on the question, Shall the
Ordinance Pass, with the results recorded as follows: Ayes -
Directors Bussey, Shackelford, Dailey, Vice Mayor Priest, Directors
Benafield and Hollingsworth - total 6; Noes - None; Absent - Mayor
Villines - total 1. The Ordinance was then declared PASSED.
Consideration was then given to Ordinance No. 15,881, with the
title being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PRD DISTRICT TITLED HUNTER'S COVE (Z- 4633 -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- 4633 -A - Lot 10, Hunter's Cove Subdivision - Approved by Planning
Commission.)
and the Ordinance was read the first time. A motion followed whereby
the rules were suspended to allow for the second reading of the
Ordinance. The motion was made by Director Dailey, seconded by
Director Shackelford, and 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. The Ordinance was then
read the second time. There was an ensuing motion again made by
Director Dailey and again seconded by Director Shackelford, 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 the
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;
whereupon, there was a third and last reading of the Ordinance. The
passage of the Ordinance was then submitted to an Aye and No Vote
which received the following response: Ayes - Directors Bussey,
Shackelford, Dailey, Vice Mayor Priest, Directors Benafield and
Hollingsworth - total 6; Noes - None; Absent - Mayor Villines -
total 1. It was announced that the Ordinance had PASSED.
Introduced next was Ordinance No. 15,882, described as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PID DISTRICT TITLED PARKER SOLVENT (Z- 5306 -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- 5306 -A - 1.18 acres located at 8909 Mabelvale Pike - Approved by
the Planning Commission.)
and after a first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Shackelford, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
iti
June 5, 1990, Cont'd.
being six in number and two- thirds or more of the members of the Board
of Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Dailey
and Shackelford, respectively, to further suspend the rules and place
the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present being six 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:,.•:An Aye- and .No.
Vote was taken on the question, Shall the Ordinance Pass, with the
response. being: Ayes - Directors Bussey,..Shackelford,. Dailey, Vice
Mayor Priest, Directors Benafield and Hollingsworth - total 6; Noes -
None; Absent - Mayor Villines - total 1. Therefore, it was announced
that the Ordinance had PASSED.
Ordinance No. 15,883 was introduced, containing the following
caption:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED RETAIL CENTER (Z -5311) 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 -5311 - Located at 14309 Highway #10 - Approved by Planning
Commission.)
,
with the Ordinance being read the first time. A motion followed
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Dailey, seconded by
Director Shackelford, and 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. The Ordinance was then
read the second time. There was an ensuing motion again made by
Director Dailey and seconded by Director Shackelford, 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, thei.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. There was a
third and last reading of the Ordinance followed by an Aye and No Vote
taken on passage of the Ordinance with the results recorded as
follows: Ayes - Directors Bussey, Shackelford, Dailey, Vice Mayor
Priest, Directors Benafield and Hollingsworth - total 6; Noes - None;
Absent - Mayor Villines - total 1. The Ordinance was then declared
PASSED.
The next matter to be considered was Ordinance No. 15,884,
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;
'
(S -867 -I - For Blocks 11 through 15, Chenal Valley, to allow partial
sidewalks as shown on the plat, and to allow double frontage lots.)
and said Ordinance was read the first time, followed by a motion by
Director Dailey, seconded by Director Shackelford, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the 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 a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading. of .the .Ordinance ;iwith..the
motion again being made by Director Dailey, seconded by Director
Shackelford, and 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. The Ordinance was read the
third and last time, and there was an Aye and No Vote taken on passage
of the Ordinance with the response being: Ayes - Directors Hussey,
Shackelford, Dailey, Vice Mayor Priest, Directors Benafield and
Hollingsworth - total 6; Noes - None; Absent - Mayor Villines -
total 1. Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 15,885, 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;
,
I
1't.
June 5, 1990, Cont'd.
(S -867 -I - For Blocks 9 and 10, Chenal Valley, To allow pipe -steam lot
and reduction of minimum horizontal radius at center line to 100 feet,
and to allow no sidewalks on interior street.)
with the Ordinance being read the first time. A motion followed
whereby the rules were suspended to allow. -for the second reading of
the Ordinance. The motion was made by Director Dailey, seconded by
Director Shackelford, and 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. The Ordinance was then
read the second time. There was an ensuing motion made by Director
Dailey and again seconded by Director Shackelford, 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 the 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. There was a
third and last reading of the Ordinance followed by an Aye and No Vote
taken on passage of the Ordinance with the response being: Ayes -
Directors Bussey, Shackelford, Dailey, Vice Mayor Priest, Directors
Benafield and Hollingsworth - total 6; Noes - None; Absent - Mayor
Villines - total 1. The Ordinance was then declared PASSED.
and the Ordinance was read the first time, followed by a motion by
Director Dailey, seconded by Director Shackelford, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the 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 a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Dailey, seconded by Director
Shackelford, and 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. The Ordinance was read the
third and last time, and there was an Aye and No Vote taken on passage
of the Ordinance with the results recorded as follows: Ayes -
Directors Bussey, Shackelford, Dailey, Vice Mayor Priest, Directors
Benafield and Hollingsworth - total 6; Noes - None; Absent - Mayor
Villines - total 1. Vice Mayor Priest then announced that the
Ordinance had PASSED.
Ordinance No. 15,886 was presented next, with the title being:
'
I
AN ORDINANCE TO APPROPRIATE $47,795 FROM THE UNAPPROPRIATED 1977
FOR REPAIR
BOND FUND BALANCE TO THE DEPARTMENT OF PARRS AND RECREATION
OF GOLF COURSES AT REBSAMEN PARK, HINDMAN PARK AND WAR MEMORIAL PARK;
(From Account No. 300 -8500 to Department of Parks and Recreation.)
and the Ordinance was read the first time, followed by a motion by
Director Dailey, seconded by Director Shackelford, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the 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 a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Dailey, seconded by Director
Shackelford, and 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. The Ordinance was read the
third and last time, and there was an Aye and No Vote taken on passage
of the Ordinance with the results recorded as follows: Ayes -
Directors Bussey, Shackelford, Dailey, Vice Mayor Priest, Directors
Benafield and Hollingsworth - total 6; Noes - None; Absent - Mayor
Villines - total 1. Vice Mayor Priest then announced that the
Ordinance had PASSED.
An Ordinance remained on the calendar for third and final reading
'
I
to rezone 4316 and 4320 West 12th Street, from "R -3" Single - family
District to 00 -1" Quiet Office District. Before the Ordinance was
presented, a discussion was held regarding the proposed zoning change.
Director Shackelford said she would still like to consider leaving the
Ordinance on the calendar for third reading pending more information
and a Land Use Plan for 12th Street. Mr. Dennis Adkins, 13600 Abinger
Street, advised that he was handling the property in question. He
said his client, Ms. Dorothy Harmon wants to live and work in her home
at 4316 West 12th Street. Mr. Adkins further advised that he has
already sold 4320 West 12th Street for residential use, leaving only
4316 West 12th Street. The original request was to rezone three lots
for commercial use, but when the Planning Commission refused, Mr.
Adkins agreed with the Planning Commission's decision to grant "0 -1"
Office use. Director Shackelford commented that she is still of the
opinion that a Land Use Plan is needed for the area. Director
Benafield stated the process would be delayed if not voted on
"tonight." Ms. Dorothy Harmon asked, "why can't I have my business
(home beauty salon) while you are getting your Plan ?" Director
Hollingsworth said he feels 12th Street needs to be looked at. After
further discussion, Director Shackelford withdrew her objections to
this proposal, but said she still wants the Staff to proceed with a
Land Use Plan. A motion was then made by Director Dailey, seconded by
Director Hollingsworth, that °the Ordinance be amended to rezone 4316
West 12th Street from 'R -3' Single - family District to '0-1' Office
District, and exclude 4320 west 12th Street.' The motion was
unanimously adopted by voice vote of the Board Members present and
Ordinance No. 15,887 was presented for third and final reading,
entitled:
424
June 5, 1990, Cont'd.
i
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 -5305 - To rezone Lot 9, Block 8, Riffel & Rhoton's Addition (4316
West 12th Street), from "R -3' Single - family District to °O-1° Quiet
Office District.)
and the Ordinance, as amended, was read the third and last time, with
the first and second readings having occurred on May 15, 1990. An Aye
and No Vote was taken on passage of the Ordinance, as amended, with
the results recorded as follows: Ayes - Directors Bussey,
Shackelford, Dailey, Vice Mayor Priest, Directors Benafield and
Hollingsworth - total 6; Noes - None; Absent - Mayor Villines -
total 1. Therefore, the Ordinance, as amended, was declared PASSED.
A public hearing had been scheduled by Resolution No. 8,305, and
notice thereof duly published on May 23, 1990 and May 30, 1990, on the
petition from the Board of Trustees of the University of Arkansas, to
vacate and close a portion of East 13th Street in Masonic Addition to
the City of Little Rock, as approved by the Planning Commission.
Attached to the petition was a certified copy of Masonic Addition on
file in the Pulaski County Circuit Clerk's Office, and a letter from
Beach Abstract Company listing the last, apparent owners of record to
,
abutting property. Vice Mayor Priest then declared the public hearing
open and with no one present who wished to speak in opposition to.tbe
proposed closing, the public hearing was declared closed and Ordinance
No. 15,888 was presented, entitled:
ORDINANCE ASKING THE BOARD OF DIRECTORS TO VACATE A PORTION OF
EAST 13TH STREET;
and after a first reading of the Ordinance, there was a motion by
Director Bussey, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Bussey
and Dailey, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being six in number and two -
thirds or more of the members of the Board of Directors - elect, and the
third and final reading of the Ordinance ensued. The question, Shall
the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Directors Bussey,
Shackelford, Dailey, Vice Mayor Priest, Directors Benafield and
Hollingsworth - total 6; Noes - None; Absent - Mayor Villines -
total 1. Whereupon, the Ordinance was declared PASSED.
Resolution No. 8,306, adopted May 15.; .1990, scheduled a public
i
,
hearing and notice thereof was duly published on May 23, 1990 and May
30, 1990, on the petition from Shackleford Partners and Liu Luan
Ching, to vacate and close a public utility easement in Lot 1, Hooper
Bond Addition to the City of Little Rock. The Planning Commission
approved the closure of the utility easement. Attached to the
petition was a certified copy of Hooper Bond Addition on file in the
Pulaski County Circuit Clerk's Office, and a letter from Beach
Abstract Company listing ownership of abutting property. Vice Mayor
Priest then 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. 15,889 was presented, with the
title being:
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN LOT 1 OF
HOOPER BOND ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Bussey, seconded by Director Dailey, and by unanimous vote of the
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.
Upon second reading of the Ordinance, there was a subsequent motion
again made by Director Bussey, seconded by Director Dailey, that the
rules be suspended and the Ordinance be placed on third and final
reading. 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; whereupon, the Ordinance
'125
June 5, 1990,'Cont'd.
was then read the third and last time. An Aye and No Vote was taken
on passage of the Ordinance which resulted as herein recorded: Ayes -
Directors Hussey, Shackelford, Dailey, Vice Mayor Priest, Directors
Benafield and Hollingsworth - total 6; Noes - None; Absent - Mayor
Villines - total 1. It was announced that the Ordinance had PASSED.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Hussey, Shackelford, Dailey, Vice Mayor Priest,
Directors Benafield and Hollingsworth - total 6; Noes - None; Absent
- Mayor Villines - total 1. Therefore, the Ordinance, together with
the Emergency Section, was declared PASSED.
Before presentation of an Ordinance to condemn properties located
at Vernon Place and Wallace Baseline Acres in Southwest Little Rock, a
discussion was held regarding burned out and condemned buildings,
especially those located in the Quapaw Quarter and Central Area of the
City. Ms. Susan Boon, 2222 South Gaines Street spoke to the Board
about houses in the Quapaw Quarter that have been condemned for four
or five years. Mr. John Browning, 1415 Spring Street, also addressed
the Board regarding improvements to the Central City. Referring to
the Ordinance on the Agenda, Mr. Browning said "it looks as if you are
spending all the money in one spot." Ms. Boon said she would like the
City to be proactive instead of reactive. At this point, Director
Dailey commented that there has to be neighborhood involvement and all
work together to get these things done.
Mayor Villines was enrolled.
Mr. L. H. Mahon, Attorney, spoke on behalf of Mr. Hezekiah Stewart
with Watershed, regarding the properties on the Agenda to be
condemned, sometimes referred to as "Sin City." Mr. Mahon said he
would like a joint venture with the City to put together a package for
the development of the entire tract, but time is needed to accomplish
this. He asked the Board to defer any action until after June 28th.
Director Dailey responded that he hopes that Mr. Mahon can accomplish
the development within the thirty day period. There was no further
discussion and Ordinance No. 15,891 was presented, containing 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; AND FOR OTHER
PURPOSES;
(Apartments located in Vernon Place Addition and Wallace Baseline
Acres, south of Baseline Road, sometimes referred to as
Sin City. ")
and there was a second reading of the Ordinance, with the first
reading having occurred on May 15, 1990. A motion was made by
The next presentation was Ordinance No. 15,890, described as:
AN ORDINANCE REPEALING ORDINANCE NOS. 12,387 AND 13,573 AND
DECLARING AN EMERGENCY;
(Re: Mandatory retirement pursuant to Federal Age Discrimination in
Employment Act.)
and the Ordinance was read the first time, followed by a motion by
Director Bussey, seconded by Director Dailey, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the 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 a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
'
motion being made by Director Hussey, seconded by Director Dailey, and
adopted by members of the Board of Directors present,
unanimously
being six in number and two- thirds or more of the members of the Board
of Directors - elect. The Ordinance was read the third and last time
and there was an Aye and No Vote taken on the question, Shall the
Ordinance Pass, with the results recorded as follows: Ayes -
Directors Hussey, Shackelford, Dailey, Vice Mayor Priest, Directors
Benafield and Hollingsworth - total 6; Noes - None; Absent - Mayor
Villines - total 1.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Hussey, Shackelford, Dailey, Vice Mayor Priest,
Directors Benafield and Hollingsworth - total 6; Noes - None; Absent
- Mayor Villines - total 1. Therefore, the Ordinance, together with
the Emergency Section, was declared PASSED.
Before presentation of an Ordinance to condemn properties located
at Vernon Place and Wallace Baseline Acres in Southwest Little Rock, a
discussion was held regarding burned out and condemned buildings,
especially those located in the Quapaw Quarter and Central Area of the
City. Ms. Susan Boon, 2222 South Gaines Street spoke to the Board
about houses in the Quapaw Quarter that have been condemned for four
or five years. Mr. John Browning, 1415 Spring Street, also addressed
the Board regarding improvements to the Central City. Referring to
the Ordinance on the Agenda, Mr. Browning said "it looks as if you are
spending all the money in one spot." Ms. Boon said she would like the
City to be proactive instead of reactive. At this point, Director
Dailey commented that there has to be neighborhood involvement and all
work together to get these things done.
Mayor Villines was enrolled.
Mr. L. H. Mahon, Attorney, spoke on behalf of Mr. Hezekiah Stewart
with Watershed, regarding the properties on the Agenda to be
condemned, sometimes referred to as "Sin City." Mr. Mahon said he
would like a joint venture with the City to put together a package for
the development of the entire tract, but time is needed to accomplish
this. He asked the Board to defer any action until after June 28th.
Director Dailey responded that he hopes that Mr. Mahon can accomplish
the development within the thirty day period. There was no further
discussion and Ordinance No. 15,891 was presented, containing 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; AND FOR OTHER
PURPOSES;
(Apartments located in Vernon Place Addition and Wallace Baseline
Acres, south of Baseline Road, sometimes referred to as
Sin City. ")
and there was a second reading of the Ordinance, with the first
reading having occurred on May 15, 1990. A motion was made by
June 5, 1990, Cont'd.
Director Hollingsworth and seconded by Mayor Villines, that the second
sentence in Section 1 of the Ordinance be amended as follows: °The
owners of the following described properties are hereby ordered to
raze and remove said structures within twenty -four (24) hours of the
effective date of this Ordinance and to complete such removal within
seventy -two (72) hours of the effective date of this Ordinance.• And
that Section 5 be amended to read: 'This Ordinance shall be effective
on and after thirty (30) days from the date passed.' The motion was
unanimously adopted by voice vote of the Board Members present. A
motion was then made by Mayor Villines, seconded by Director Dailey,
that the Ordinance, as amended, be read the third and last time. The
motion was unanimously adopted by members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect. The Ordinance, as amended, was read
the third and last time, and there was an Aye and No Vote taken on the
question, Shall the Ordinance, as amended, Pass, with the response
being: Ayes - Directors Hussey, Shackelford, Dailey, Mayor Villines,
Vice Mayor Priest, Directors Benafield and Hollingsworth - total 7;
Noes - None; Absent - None. Vice Mayor Priest then declared the
Ordinance, as amended, PASSED.
There being no further business to be presented, Vice Mayor
Priest declared the meeting adjourned at 10:45 o'clock P. M., with the I
Board of Directors to convene in regular session on Tuesday, June 19,
1990, at 6:00 o'clock P. M.
ATTEST: APPROVED:
Cit Clerk Jane Czech Vice Mayor Sharon Priest
* * * * * * * * * * * *
u
,Board of .Dir.ectors. Chamber
Lit.tle.Rock,, Arkansas
June 19, 1990 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech was present and called the roll with the following
Directors in attendance: Directors Priest, Benafield, Hollingsworth
and Dailey - total 4; Absent - Directors Bussey and Shackelford -
total 2.
(e) Resolution No. 8,320, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
$1001000_FROM THE 1988 CAPITAL,IMPROVEMENT.BOND.FUNDS FOR THE,ALLSOPP
PARK - PROJECT.
' (f) Resolution No. 8,321, containing -the following caption:
A RESOLUTION..AUTHORIZING.THE CITY.MANAGER TO•ENTER.,INTO
CONTRACTS WITH_ WEAVER- BAILEY CONSTRUCTION:..COMPANY!;r-AND WhTH,ARKANSAS
MODIFICATION„ CENTER, INC.. (Weaver-,- Bailey ..contract -not- to .exceed
$3,420,828, provided City Manager concurrently enters ,ginto• -an
agreement with Arkansas Modification .Center.,...Inc. to .obtain their-,
funding, of rampway construction.; project.., costs in excess of
$3,0001000.)
(.g) ,Resglution.No. 8, 322, containing .the - following ,caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH WORLD WIDE TRAVEL AGENCY FOR AIR AND OTHER BUSINESS
TRAVEL SERVICES FOR VARIOUS CITY DEPARTMENTS. (In an amount not to
exceed the Budget.)
(h) Resolution No. 8,323, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR TRANSPORTATION SERVICES FOR THE SUMMER
PLAYGROUND PROGRAM FOR THE DEPARTMENT OF PARKS AND RECREATION.
(Contract to Little Rock School District not to exceed $7,684.50.)
By motion from- Director Prie;
adopted by unanimous voice
Consent Agenda was dispensed
previous meeting held June
summarized to members of the
af, seconded by _Director Daey, which was
vote 'of "'the Board- Memb ilers present, the 1.
with as follows: (a) The Minutes of the
5, 1990, were approved as written and
Board of Directors; (b) The 1989 Annual
427
Mayor Villines announced that a quorum was present and the
proceedings
of the meeting are recorded as follows.
The
Invocation was given by Vice Mayor Priest.
The,Consent:Agenda•
was the first:presentationiv cons isting of,.the:
following
items:
'
(a)
The reading of the Minutes of the previous Board Meeting
held June
5, 1990.
(b)
The 1989 Annual Report of Metroplan..
(c)
Resolution,No. 8,318,. entitled.:
_A„ RESOLUTION, AUTHORIZ.ING,.THE. CITY MANAGER TO.,�ALLOCATE:
$313,000
OF 1988, :CARITAL_IMPROV.EMEN.T. BOND_FUNDS,TO. THE_36TH.,STREET•,-
ASHER,.TO
BARROW PROJECT;,,.AND. TO_ENTER..INTO.A_CONTRACT WITH.McCLELLAND;
CONSULTING ENGINEERS FOR ENGINEERING SERVICES ON THE 36TH STREET,
ASHER TO
BARROW PROJECT. (Funds available in Account No. 301-229 -
0055)
(d)
Resolution No. 8,319, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REIMBURSE
ARKANSAS
POWER AND LIGHT COMPANY $30,472.18 FOR RELOCATION OF ITS
FACILITIES FOR PHASE II OF THE FOURCHE CREEK FLOOD REDUCTION PROJECT.
(e) Resolution No. 8,320, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
$1001000_FROM THE 1988 CAPITAL,IMPROVEMENT.BOND.FUNDS FOR THE,ALLSOPP
PARK - PROJECT.
' (f) Resolution No. 8,321, containing -the following caption:
A RESOLUTION..AUTHORIZING.THE CITY.MANAGER TO•ENTER.,INTO
CONTRACTS WITH_ WEAVER- BAILEY CONSTRUCTION:..COMPANY!;r-AND WhTH,ARKANSAS
MODIFICATION„ CENTER, INC.. (Weaver-,- Bailey ..contract -not- to .exceed
$3,420,828, provided City Manager concurrently enters ,ginto• -an
agreement with Arkansas Modification .Center.,...Inc. to .obtain their-,
funding, of rampway construction.; project.., costs in excess of
$3,0001000.)
(.g) ,Resglution.No. 8, 322, containing .the - following ,caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH WORLD WIDE TRAVEL AGENCY FOR AIR AND OTHER BUSINESS
TRAVEL SERVICES FOR VARIOUS CITY DEPARTMENTS. (In an amount not to
exceed the Budget.)
(h) Resolution No. 8,323, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR TRANSPORTATION SERVICES FOR THE SUMMER
PLAYGROUND PROGRAM FOR THE DEPARTMENT OF PARKS AND RECREATION.
(Contract to Little Rock School District not to exceed $7,684.50.)
By motion from- Director Prie;
adopted by unanimous voice
Consent Agenda was dispensed
previous meeting held June
summarized to members of the
af, seconded by _Director Daey, which was
vote 'of "'the Board- Memb ilers present, the 1.
with as follows: (a) The Minutes of the
5, 1990, were approved as written and
Board of Directors; (b) The 1989 Annual
427
429
June 19, 1990, Cont'd.
Report of Metroplan was received and filed; and (c, d, e, f, g and h)
Resolutions No. 8,318, 8,319, 8,320, 8,321, 8,322 and 8,323, were read
in full and adopted by unanimous voice vote of the Board Members
present.
At the time allotted for Citizen Communications, Mr. Michael
Gillum, 7201 Baseline Road, addressed the Board regarding the
apartment complexes located in Vernon Place Addition and Wallace
Baseline Acres, south of Baseline Road, sometimes referred to as "Sin
City." He presented a petition containing 920 signatures of residents
and business owners in Southwest Little Rock, asking the Board to raze
the abandoned apartment complexes, which have become a high -crime
area. (The Board of Directors passed Ordinance No. 15,891 on June 5,
1990, condemning these structures.) Mr. Gillum said he and the group
he represents will not support any other effort except the demolition
of the buildings. City Attorney Mark Stodola advised the hearing in
the Federal Bankruptcy Court scheduled for June 28th, had been
rescheduled for Friday, June 22nd, on the City's request to have the
bankrupt estate pay for the demolition. City Manager Tom Dalton told
the Board that if the City must raze the structures, the cost would be
minimal because the Arkansas National Guard and the State Correction
Department are willing to participate in the demolition in exchange
for the materials that can be salvaged. Both agencies, he said, are
waiting on the go -ahead from the City, which, in turn, is waiting on
the Bankruptcy Court.
Director Bussey was enrolled.
Ms. Eleanor Mille, 4 Amherst Cove, representing SCAN (Suspected
Child Abuse and Neglect), addressed the Board advising that agency has
an emergency because of the increase in services and asked the Board
to allocate $15,000 to assist in the services provided by SCAN. Upon
question from Board Members, she said North Little Rock, Pulaski
County and Jacksonville, will also be requested to allocate funds.
Ms. Mille said she had anticipated receiving more Federal and United
Way Funds than was received. There was a question whether or not the
City could legally give a sum of money outright, without entering into
a contractual agreement. Mayor Villines advised that the request
would be given to the City Staff for discussion, and that he was not
sure the City has the money at this time. He suggested that Ms. Mille
visit with the City Manager and City Attorney for the City's fall
budgeting process.
Ms. Elene Murray, 14608 Laura Way, Alexander, President of the
North Fork Preservation Society, and Mr. Terry Horton, 7509 Cantrell
Road, Executive Director of the Arkansas Wildlife Federation, appealed
to the Board of Directors for assistance in stopping the construction
of a dam on the Saline River to provide a water supply. They stated
the dam would displace 30 families and destroy the river. (The Little
Rock Municipal Water Works is considering providing water to Saline
_
County by building the dam.) Director Benafield advised Ms. Murray
'
and Mr. Horton that the proper source to consider this matter would be
the Little Rock Water Commission. Board Members continued to support
the City's Quality Growth Policy, regarding extension of water and
sewer services outside the City. Ms. Murray suggested that all water
users enter into a joint venture to construct a pipeline to Lake
DeGray. The City Manager was requested to research the issue and
provide a report to both organizations.
At this point in the meeting, Director Charles Bussey read a
prepared statement in which he announced that after almost twenty
years in City Government, he would not seek re- election to another
four year term as City Director, at the November 6, 1990 General
Election. (His current term expires December 31, 1990.) In his
statement he said that he had "thoroughly enjoyed the opportunity I
have been provided. I take pride in the contributions I've made to
the progress we've made in making Little Rock a great place to live,
and I trust that someone will step forward who will address the needs
of those citizens I've tried so very hard to represent - those whose
needs are the greatest and whose voice the weakest."
Ordinance No. 15,892 was presented, 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;
'
1
429
June 19, 1990, Cont'd.
(Waiver of all street improvements on Crystal Valley Road and Redbud
Lane in Bugg Subdivision.)
with the Ordinance being read the first time, followed by a motion
from Director Priest to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Dailey and
adopted by unanimous vote of the Board Members present, being six in
number and two- thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Priest and Dailey,
respectively, and unanimously adopted_by the Board members present,
being six 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, there was an Aye and No Vote taken.on the question, Shall
the Ordinance Pass, with the results recorded as follows: Ayes -
Directors Priest, Benafield, Hollingsworth, Bussey, Dailey and Mayor
Villines - total 6; Noes - None; Absent - Director Shackelford -
total l: Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 15,893, with the
title being:
AN ORDINANCE AMENDING ORDINANCE NO. 15,851 VACATING AND CLOSING
AN ADDITIONAL TEN FEET (101) OF RIGHT OF WAY ON EITHER SIDE OF WEST
MARKHAM STREET FROM THE WESTERN TERMINUS OF RIGHT OF WAY VACATED BY
ORDINANCE NO. 15,851 WEST TO TIMBER RIDGE ROAD;
I
(To correct a property description.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. 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. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Priest and
Dailey, respectively, to suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board members present, being six 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. The Aye and No Vote taken on.passage
of the Ordinance received the following response: Ayes - Directors
Priest, Benafield, Hollingsworth, Bussey, Dailey and Mayor Villines -
total 6; Noes - None; Absent - Director Shackelford - total 1. The
Ordinance was then declared PASSED.,
The next presentation was Ordinance No. 15,894, described as:
' AN ORDINANCE APPOINTING A SUBSTITUTE COMMISSIONER OF MABELVALE-
ALEXANDER SEWER IMPROVEMENT DISTRICT NO. 142 OF LITTLE ROCK, ARKANSAS;
AND OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY;
(Appointing Mr. Everett Rowland)
with the Ordinance being read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Dailey, and 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 second reading of the
Ordinance followed, with a motion again being made by Director Priest,
to further suspend the rules and place the Ordinance on third and
final reading. With the motion having been 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, the
Ordinance was read the third and last time. The resulting Aye and No
Vote taken on the question, Shall the Ordinance Pass, is herein
recorded as follows: Ayes - Directors Priest, Benafield,
Hollingsworth, Bussey, Dailey and Mayor Villines - total 6; Noes -
None; Absent - Director Shackelford - total 1.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Priest, Benafield, Hollingsworth, Bussey, Dailey and
Mayor Villines - total 6; Noes - None; Absent - Director Shackelford
- total 1. It was then announced that the Ordinance, together with
' the Emergency Section had PASSED.
430
June 19, 1990, Cont'd.
I
Consideration was given to Ordinance No. 15,895, entitled:
AN ORDINANCE APPROPRIATING FUNDS FROM THE CITY'S ECONOMIC
DEVELOPMENT FUND FOR CONSTRUCTION OF RAMP IMPROVEMENTS AT THE LITTLE
ROCK REGIONAL AIRPORT; AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH WEAVER - BAILEY CONSTRUCTION COMPANY; AND FOR OTHER
PURPOSES;
(Contract with Weaver - Bailey for construction not to exceed
$3,138,379.60.)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Dailey, and by unanimous vote of the
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.
Upon second reading of the Ordinance, there was a subsequent motion
again made by Director Priest, seconded by Director Dailey, that the
rules be further suspended and the Ordinance be placed on third and
final reading. 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; whereupon, the
Ordinance was read the third and last time. An Aye and No Vote was
taken on the passage of the Ordinance which resulted as herein
recorded: Ayes - Directors Priest, Benafield, Hollingsworth, Bussey,
Dailey and Mayor Villines - total 6; Noes - None; Absent - Director
Shackelford - total 1. The Ordinance was declared PASSED.-
Ordinance No. 15,896 was presented, with the title being:
AN ORDINANCE TO AMEND ORDINANCE 15,783, THE 1990 BUDGET
ORDINANCE, TRANSFERRING CERTAIN BUDGET ACCOUNTS;
(Transferring certain budgeted funding from the Department of Public
Works to the new Department of Neighborhood Revitalization and
Planning.)
with the Ordinance being read the first time, followed by a motion
from Director Priest to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Dailey and
adopted by unanimous vote of the Board Members present, being six in
number and two- thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Priest and Dailey,
respectively, and unanimously adopted by the Board Members present,
being six 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, there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the response being: Ayes - Directors Priest,
Benafield, Hollingsworth, Bussey, Dailey and Mayor Villines - total 6;
Noes - None; Absent - Director Shackelford - total 1.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Priest, Benafield, Hollingsworth, Bussey, Dailey and
Mayor Villines - total 6; Noes - None; Absent - Director Shackelford
- total 1. Whereupon, the Ordinance, together with the Emergency
Section, was then declared PASSED.
The last Ordinance to be considered was No. 15,897, that did not
appear on the Agenda, but Board Members generally agreed to consider
it as follows:
AN ORDINANCE ESTABLISHING UNIFORM REQUIREMENTS FOR PARTICIPANTS
IN THE LITTLE ROCK POLICE DEPARTMENT'S H.E.A.T. (HELP END AUTO THEFT)
PROGRAM AND FOR OTHER PURPOSES;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by.Director Dailey, to suspend the rules and
place the Ordinance on second reading. 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. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Priest and
Dailey, respectively, to further suspend the rules and place the
Ordinance on ,third and final reading. The motion received unanimous
adoption by the Board Members present, being six in number and two-
,I
June 19, 1990, Cont'd.
thirds or more of the members of the Board of Directors- elect, and the
third and last reading of the Ordinance ensued. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Directors Priest, Benafield, Hollingsworth, Bussey, Dailey and
Mayor Villines - total 6; Noes - None; Absent - Director Shackelford
- total 1. Therefore, the Ordinance was declared PASSED.
Mayor Villines announced that Vice Mayor Priest has been named a
Regional Vice President of the Arkansas Municipal League. She was
congratulated by the Mayor and Board Members upon receiving this
appointment.
Director Benafield referred to the $4,2000000 municipal revenue
bonds issued by Metrocentre Improvement District for construction of
the Spring Plaza Building in downtown Little Rock. Mr. Jim Swink,
Sr., a Little Rock securities dealer, closed his business in December
after defaulting on the bonds. Upon question by Director Benafield,
Mr. John Pryor, Finance Director of the City of Little Rock, advised
this bond issue was not one of the issues by the City of Little Rock.
He said he would follow the progress of the issue as it moves forward,
but the City will not lose any funds at all. City Manager Tom Dalton
further advised that it was a bond issue by Metrocentre Improvement
District and did not contain signatures of City Officials. Director
Benafield concluded the discussion by saying, "the bottom line is, the
City has no liability."
To conclude the meeting, Director Dailey raised the question of
funding for the Central Arkansas Transit System and asked City Manager
Tom Dalton if he would be coming to the Board with a request from CAT.
Director Dailey said he supported the bus system and wanted the City
to be in a position to act, rather than just react, if the system
didn't receive its annual subsidy from the Federal Government. Mr.
Dalton responded, "as you know, we approved a process by which we are
paying them at a faster rate and I think we are about up to the eighth
payment for CAT, which would normally not have occurred until the end
of August." He further commented, "the question we will be bringing
to you soon is whether or not you want to continue that process of
drawing down on our total allocation to them, or whether you want to
call the issue more quickly than that." Mr. Dalton will be meeting
soon with Mr. Keith Jones, Executive Director of Central Arkansas
Transit, and the CAT attorney, to determine where the issue is at this
time. Director Benafield requested that Mr. Dalton provide the Board
of Directors with a report and recommendation on the matter. He
advised the Board would have the report at the Agenda meeting next
Wednesday.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 7:00 o'clock P. M., with the Board
of Directors to convene again in regular session on Tuesday, July 3,
1990, at 6:00 o'clock P. M.
ATTEST � %? ATTEST:
City Clerk Jane Czech Mayor Floy'd G. Villines, III
* * * * * * * * * * * *
431
X2
Board of Directors Chamber
Little Rock, Arkansas
July 3, 1990 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech was present and called the roll with the following
Directors in attendance: Directors Priest, Hollingsworth, Shackelford
and Dailey - total 4; Absent - Directors Benafield and Bussey - total
2.
Mayor Villines announced that a quorum was present and the
proceedings of the meeting are recorded as follows:
The Invocation was given by Director Dailey.
Director Bussey was enrolled.
The Consent Agenda was the first presentation, consisting of the ,
following items:
(a) The approval of the Minutes of the previous Board Meeting
held June 19, 1990.
"(b) The Comparative Statement of income Account of the Little
Rock Municipal Water Works for the month of May, 1990.
(c) The 1989 Annual Financial Report of the City of Little Rock.
(d) Resolution No. 8,324, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR AN AUTOMATED FUEL SYSTEM UPGRADE; ANNUAL
CONTRACT FOR BODY WORK AND UPHOLSTERY SERVICES FOR THE DEPARTMENT OF
HUMAN AND GENERAL SERVICES /FLEET SERVICES DIVISION; AND AN ANNUAL
CONTRACT FOR OFFICE SUPPLIES FOR ALL CITY DEPARTMENTS.
(e) Resolution No. 8,325, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH BROOKS JACKSON ARCHITECTS FOR ARCHITECTURAL SERVICES
TO DESIGN AND SUPERVISE CONSTRUCTION OF FIRE STATION #21 (CHENAL
VALLEY).
(f) Resolution No. 8,326, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REIMBURSE ,
LITTLE ROCK MUNICIPAL WATER WORKS $20,883.29 FOR RELOCATION OF ITS
FACILITIES FOR PHASE III OF THE FOURCHE CREEK FLOOD REDUCTION PROJECT.
(g) Resolution No. 8,327, containing the following caption:
A RESOLUTION TO RATIFY THE EXTENSION OF A LEASE
AGREEMENT BETWEEN THE CITY OF LITTLE ROCK AND THE SUBARU -SOUTH PROJECT
PURSUANT TO CITY OF LITTLE ROCK, ARKANSAS INDUSTRIAL DEVELOPMENT
REVENUE BONDS SUBARU -SOUTH PROJECT, SERIES 1980.
(h) Resolution No. 8,328, entitled:
A RESOLUTION CALLING AN ELECTION TO CERTIFY THAT THE
BOARD OF DIRECTORS MAY, PURSUANT TO ARKANSAS STATUTES AND AMENDMENT 59
OF THE ARKANSAS CONSTITUTION, SET A MILLAGE RATE OF UP TO ONE MILL FOR
THE BENEFIT OF THE LITTLE ROCK, ARKANSAS, POLICE PENSION RELIEF FUND;
SETTING A DATE; AND FOR OTHER PURPOSES. (November 6, 1990 General
Election)
(i) Resolution No. 8,329, with the title being:
A RESOLUTION CALLING AN ELECTION TO CERTIFY THAT THE
BOARD OF DIRECTORS MAY, PURSUANT TO ARKANSAS STATUTES AND AMENDMENT 59
OF THE ARKANSAS CONSTITUTION, SET A MILLAGE RATE OF UP TO ONE MILL FOR
THE BENEFIT OF THE LITTLE ROCK, ARKANSAS, FIRE PENSION RELIEF FUND;
SETTING A DATE; AND FOR OTHER PURPOSES. (November 6, 1990 General I
Election)
433
July 3, 1990, Cont'd.
By motion from Director Priest, 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 meeting held June 19, 1990, were approved as written and
summarized to members of the Board of Directors; (b & c) The
Comparative Statement of income Account of the Little Rock Municipal
Water Works for the month of May, 1990, and the 1989 Annual Financial
Report of the City of Little Rock, were received and filed; and (d, e,
f, g, h & i) Resolutions No. 8,324, 8,325, 8,326, 8,327, 8,328 and
8,329, were read in full and adopted by unanimous voice vote of the
Board Members present.
Consideration was then given to Ordinance No. 15,899, described
as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED FLOWER SHOP (Z -5310) 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 -5310 - S/W Corner of Fair Park Boulevard and Maryland Avenue,
described as Lots 1, 2 & 3, Block 6, Perry Heights Addition, estate of
Amelia Metrailer.)
and said Ordinance was read the first time, followed by a motion from
Director Priest, seconded by Director Bussey, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
II III to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Priest, seconded by Director
Director Benafield was enrolled.
At the time allotted for Citizen Communications, Mr. Julius
Breckling, 301 North Hughes Street was the only person to address the
Board. Mr. Breckling is the owner of an apartment complex condemned
by Ordinance No. 15,891, passed June 5, 1990, located on Preston Drive
(Lot 20, Vernon Place Addition). He advised the Board of Directors
that rehabilitation of the apartment has begun after having obtained a
building permit in May. He said the renovation would be completed
within the time frame. In presenting the report, Mr. Breckling said
"i just hope some of the other structures that contributed to the
decline of the area will be removed as soon as possible."
Zoning Application Z- 4175 -C from Rick Medlock for Jessie Jones,
to rezone a parcel on Dover Drive, described as Lots 259 and 260,
Kensington Place, from "MF -6" Multi- family District to "R -2" Single -
family District, was the next presentation. The Planning Commission
approved the application on June 51 1990. No opposition to the
rezoning was presented and Ordinance No. 15,898 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;
(Z- 4175 -C - Lots 259 and 260, Kensington Place located on Dover Drive,
from "MF -6" Multi - family to "R -2" Single - family District.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Bussey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion again made and seconded by Directors Priest and
Bussey, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being seven 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. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Director Dailey, Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Bussey and Shackelford - total 7; Noes - None; Absent
- None. The Ordinance was then declared PASSED.
Consideration was then given to Ordinance No. 15,899, described
as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED FLOWER SHOP (Z -5310) 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 -5310 - S/W Corner of Fair Park Boulevard and Maryland Avenue,
described as Lots 1, 2 & 3, Block 6, Perry Heights Addition, estate of
Amelia Metrailer.)
and said Ordinance was read the first time, followed by a motion from
Director Priest, seconded by Director Bussey, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
II III to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Priest, seconded by Director
4,34
I
July 3, 1990, Cont'd.
1
Bussey, and unanimously adopted by members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect. The Ordinance was read the third and
last time, and there was an Aye and No Vote taken on passage of the
Ordinance, with the response being: Ayes - Director Dailey, Mayor
Villines, Directors Priest, Benafield, Hollingsworth, Bussey and
Shackelford - total 7; Noes - None; Absent - None. Whereupon the
Ordinance was declared PASSED.
Introduced next was Ordinance No. 15,900, containing the
following caption:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED CINMARK ADDITION (Z -5329) 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 -5329 - 5024, 5100 & 5204 Mabelvale Pike, described as Lots 2R, 3
and 4R, Cinmark Addition to the City of Little Rock.)
with the Ordinance being read the first time. There was a motion by
Director Priest, seconded by Director Bussey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors- elect. A second reading of the Ordinance followed, with a
motion being made by Director Priest, again seconded by Director
Hussey, to further suspend the rules and place the Ordinance on third
and final reading. With the motion having been unanimously adopted by
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect, the
Ordinance was read the third and last time. The question, Shall the
Ordinance Pass, was submitted to an Aye and No Vote, which is recorded
as follows: Ayes - Director Dailey, Mayor Villines, Directors Priest,
Benafield, Hollingsworth, Bussey and Shackelford - total 7; Noes -
None; Absent - None. It was then announced that the Ordinance had
PASSED.
Ordinance No. 15,901 was the next presentation, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING AN AMENDED PCD DISTRICT TITLED HOLIDAY INN WEST (Z-4416-
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;
and the Ordinance was read the first time, followed by a motion from
Director Priest to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Bussey and adopted by
unanimous vote of the Board Members present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect, and
a second reading of the Ordinance ensued. The rules were again
'
suspended and the Ordinance placed on third and final reading by a
motion made and seconded by Directors Priest and Hussey, respectively,
and unanimously adopted by the Board Members present, being seven 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, there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the results recorded as follows: Ayes -
Director Dailey, Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Bussey and Shackelford - total 7; Noes - None; Absent
- None. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 15,902, with the
title being:
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: Archview, Acres Replat - Archview Drive off Arch Street - to
allow double frontage lot and waiver of all street improvements.)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Bussey, and by unanimous vote of the
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
'
1
i
July 3, '1990, Cont'd.
made by Director Priest, seconded by Director Bussey, that the rules
be suspended and the Ordinance be placed on third and final reading.
The motion was unanimously adopted by members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect; whereupon, the Ordinance was
then read the third and last time. An Aye and No Vote was taken on
passage of the Ordinance which resulted as herein recorded: Ayes -
Director Dailey, Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Bussey and Shackelford - total 7; Noes - None; Absent
- None. Mayor Villines then announced that the Ordinance had PASSED.
At 6:12 o'clock P. M., Mayor Villines announced that the Board of
Directors would recess to executive session in the Board's Conference
.Room, for the purpose of considering appointments to various Boards
and Commissions.
When the Board of Directors reconvened at 6:40 o'clock P. M. from
executive session, Mayor Villines presided and the following Directors
were present: Directors Priest, Hollingsworth and Shackelford - total
3; Absent - Directors Benafield, Bussey and Dailey - total 3.
Resolution No. 8,330 was presented, containing the following
caption:
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE
ARKANSAS ARTS CENTER BOARD OF TRUSTEES, BOARD OF ELECTRICAL CODE
APPEALS, CENTRAL ARKANSAS LIBRARY SYSTEM BOARD OF TRUSTEES, CITY
SAFETY COMMISSION, LITTLE ROCK HISTORIC DISTRICT COMMISSION, LITTLE
ROCK PORT AUTHORITY, PRIVATE INDUSTRY COUNCIL, AND THE SIGN APPEAL
BOARD;
(Arkansas Arts Center: Mr. Sam Buchanan, Jr. and Dr. Delbra Caradine
appointed, and Mrs. Robena Hussman reappointed; Board of Electrical
Code Appeals: Mr. Larry A. Crenshaw and Mr. Rudy W. Fenton,
appointed; Central Arkansas Library System: Dr. Betty Overton
appointed; City Safety Commission: Mr. David Bain and Mr. Douglas A.
Hardin, appointed; Little Rock Historic District: Mr. Thomas Johnson
reappointed; Little Rock Port Authority: Mr. Thedford Collins
reappointed; Private Industry Council: Ms. Deborah Ryans and Mr.
Ralph White, reappointed, Mr. Charles Henderson- and Mrs. ,Cora
McHenry appointed; and the Sign Appeal Board: Mr. Nevil
Cha.,. Withrow, Jr. and Mr. Gary Smith reappointed.)
with the Resolution being read in its entirety. A motion was made by
Director Shackelford and seconded by Director Priest, that the
Resolution be adopted. The Resolution was adopted by voice vote of
the Board members present.
The last matter to be considered was Resolution No. 8,331,
entitled:
A RESOLUTION APPOINTING A COMMISSIONER FOR METROCENTRE
IMPROVEMENT DISTRICT NO. 1;
(Appointing Mr. James Moses, Jr. to fill vacancy created by Mr. J.
Tucker Morse.)
and there was a complete reading of the Resolution. A motion followed
by Director Priest and seconded by Director Shackelford, that the
Resolution be adopted. The Resolution was adopted by unanimous voice
vote of the Board Members present.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 6:45 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, July 17, 1990,
at 6:00 o'clock P. M.
ATTEST,: __V". &__74C�
City Clerk Jane Czech Mayor
* * * * * * * * * *
Floyd G. Villines, III
435
436
Board of Directors Chamber
Little Rock, Arkansas
July 17, 1990 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth, Hussey, Shackelford and
Dailey - total 6; Absent - None.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Mayor Villines.
The first matter to be presented was the Consent Agenda,
consisting of the following items:
(a) The reading of the Minutes of the previous meeting held July '
3, 1990.
(b) The 1989 Audit Report of the Little Rock Ambulance
Authority.
(c) Resolution No. 8,332, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF ASPHALTIC MATERIALS FOR
THE PUBLIC WORKS DEPARTMENT, ONE SINGLE AXLE DIESEL TRUCK, CAB AND
CHASSIS AND ONE STAKEBED DUMP TRUCK FOR THE DEPARTMENT OF HUMAN AND
GENERAL SERVICES /FLEET SERVICES DIVISION; AND AN ANNUAL CONTRACT FOR
THE PURCHASE OF INDUSTRIAL PAPER PRODUCTS FOR VARIOUS CITY
DEPARTMENTS. ()ksphaltic materials in an amount not to exceed $160,000
to various companies; One single axle diesel truck, cab and chassis
not to exceed $32,505 to Robinson International; One stakebed truck in
an amount not to exceed $27,732 to Robinson International; And
industrial paper products in an amount not to exceed $20,000 to Butler
Paper Company.)
(d) Resolution No. 81333, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH TEMPLE & SON ELECTRIC COMPANY FOR THE PURCHASE OF
TRAFFIC SIGNAL CONTROL EQUIPMENT FOR UNIVERSITY AVENUE. (University
Avenue from Cantrell Road to K -Mart Drive - Contract not to exceed
$47,312.)
By a motion from Director Priest, seconded by Director Bussey, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held July 3, 1990, were approved as written and
summarized to members of the Board of Directors; (b) The 1989 Audit
Report of the Little Rock Ambulance Authority was received and filed;
and (c & d) Resolutions No. 8,332 and 8,333 were read in full and
unanimously adopted by the Board Members present.
No one was present to speak at the time allotted for Citizen
Communications.
Zoning Application Z -4518 from Olan Asbury was introduced next.
The application to rezone 5310 Baseline Road and 8711 Shelley Drive,
from "R -2" Single - family to "C -4" Open Display District, was approved
by the Planning Commission on June 19, 1990. No opposition to the
rezoning was presented and Ordinance No. 15,903 was considered,
entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK,; AND FOR OTHER PURPOSES;
(Z -4518 - To rezone 5310 Baseline Road and 8711 Shelley Drive, from
"R -2" Single - family to "C -4" open Display District.)
and after a first reading of the Ordinance, there was a motion by '
July 17, 1990, Cont'd.
Director Hussey, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. There was a second reading of the Ordinance
followed by a subsequent motion made and seconded by Directors Bussey
and Hollingsworth, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being seven 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. The Aye and
No Vote taken on passage of the Ordinance received the following
response: Ayes - Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Bussey, Shackelford and Dailey - total 7; Noes - None;
Absent - None. The Ordinance was then declared PASSED.
The next presentation was zoning Application 2-5335, filed by Mr.
Danny Brown. The application requested the reclassification of 8303
Asher Avenue, described as Lot 20, Block 41 Pike Addition to the City
of Little Rock, from "R -3" Single - family to "C -3" General Commercial
District. The Planning Commission approved the zoning change June 19,
1990. No one opposed the reclassification and Ordinance No. 151904
was presented, containing the following caption:
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; AND FOR OTHER PURPOSES;
(Z -5335 - To rezone 8303 Asher Avenue, described as Lot 20, Block 41
Pike Addition, from 'R -3° Single - family to °C -3" General Commercial
District.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Bussey and seconded by Director Hollingsworth, which was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect. Upon second reading of the Ordinance, there
was a subsequent motion by Director Bussey that the rules again be
suspended and the Ordinance be placed on third and final reading.
Director Hollingsworth seconded the motion which was adopted by
unanimous vote of the members of the Board of Directors present, being
seven in number and two- thirds or more of the members of the Board of
Directors - elect. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Mayor Villines, Directors
Priest, Benafield, Hollingsworth, Bussey, Shackelford and Dailey -
total 7; Noes - None; Absent - None. Whereupon, the Ordinance was
declared PASSED.
Ordinance No. 15,905 was the next presentation, described as:
AN ORDINANCE AMENDING SECTION 36 -512 OF THE LITTLE ROCK CITY
CODE, 1988, TO CORRECT THE WEIGHT REGULATION RANGE ESTABLISHED BY
ORDINANCE NO. 15,842;
(Re: Zoning Code - Parking commercial vehicles in residential areas.)
with the Ordinance being read the first time, after which there was a
motion by Director Bussey for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Hollingsworth, and unanimously adopted by members of the
Board of Directors present, being seven in number and two - thirds or
more of the members of the Board of Directors - elect. A second reading
of the Ordinance followed, with a motion being made by Director
Bussey, again seconded by Director Hollingsworth, to further suspend
the rules and place the Ordinance on third and final reading. With
the motion having been unanimously adopted by members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect, the Ordinance was then read
the third and last time. The resulting Aye and No Vote taken on
passage of the Ordinance received the following response: Ayes -
Mayor Villines, Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford and Dailey - total 7; Noes - None; Absent - None. The
Ordinance was then declared PASSED.
43
July 17, 1990, Cont'd.
Introduced next was Ordinance No. 15,906, entitled:
AN ORDINANCE AMENDING SECTION 32 -377 OF THE LITTLE ROCK CITY
CODE, 1988, TO CORRECT THE WEIGHT REGULATION RANGE ESTABLISHED BY
ORDINANCE NO. 15,843;
(Re: Traffic Code - Parking commercial vehicles in residential
areas.)
and after a first reading of the Ordinance, there was a motion by
Director Bussey, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect, and the second reading of the Ordinance
ensued. A subsequent motion was made by Director Bussey, again
seconded by Director Hollingsworth, to further suspend the rules and
place the Ordinance on third and final reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect. There was a third and final reading of the
Ordinance after which an Aye and No Vote was taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes '
- Mayor Villines, Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford and Dailey - total 7; Noes - None; Absent - None. Mayor
Villines then declared the Ordinance PASSED.
Ordinance No. 15,907 was presented and contained the following
caption:
AN ORDINANCE TO ADOPT THE SECOND AMENDMENT' TO THE INTERLOCAL
AGREEMENT CHARTERING THE CENTRAL ARKANSAS TRANSIT AUTHORITY;
(CATA)
and the Ordinance was read the first time, followed by a motion from
Director Bussey to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Hollingsworth and
adopted by unanimous vote of the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion again made by Director Bussey and seconded by
Director Hollingsworth, and unanimously adopted by the Board Members
present, being. seven 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, there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Mayor Villines, Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford and Dailey - total 7; Noes - None; Absent - None. '
Whereupon, the Ordinance was declared PASSED.
The next item did not appear on the Official Agenda, but at the
request of Director Dailey, consideration was then given to Ordinance
No. 15,908, entitled:
AN ORDINANCE AUTHORIZING AN ESCROW AGREEMENT RELATING TO THE
CITY`S :INPOSTRIAL DEVELOPMENT REVENUE BONDS - ERSHIGS, INC. PROJECT,
-SERIES A; Aqq )lHQRIZING A SPECIAL WARRANTY DEED FROM THE CITY TO
ERSHIGS, INC.; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING
THERETO; AND DECLARING AN EMERGENCY;
and after a first reading of the Ordinance, there was a motion by
Director Bussey, seconded by- Director Hollingsworth, to suspend the
rules and place the OrdinaAce on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. There was a second reading of the
Ordinance, followed by a subsequent motion made and seconded by
Directors Bussey and Hollingsworth, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being seven 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
is recorded as follows: Ayes - Mayor Villines, Directors Priest,
Benafield, Hollingsworth, Bussey, Shackelford and Dailey - total 7; '
Noes - None; Absent - None.
439
July 17, 1990, Cont'd.
The Emergency Clause contained in Section 6 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Mayor Villines, Directors Priest, Benafield, Hollingsworth,
Bussey, Shackelford and Dailey - total 7; Noes - None; Absent -
None. Therefore, the Ordinance, together with the Emergency Section,
was then declared PASSED.
The next matter to be considered was Resolution No. 8,334,
described as:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK
SUSPENDING FOR AN ADDITIONAL THIRTY (30) DAYS THE DEADLINE FOR REMOVAL
OF BILLBOARDS FROM SCENIC CORRIDORS AS PROVIDED BY SECTION 27 -27(c) OF
THE LITTLE ROCK CITY CODE;
' lengthy discussion, a motion was made by Director Shackelford and
seconded by Director Bussey, that the Resolution be adopted. The
Resolution was ADOPTED by unanimous voice vote of the Board Members
present.
The last matter to be considered was Resolution No. 8,335 with
the title being:
A RESOLUTION GRANTING AN EXCLUSIVE FRANCHISE TO THE CO-OWNERS OF
TOWNHOUSES IN THE PARK HORIZONTAL PROPERTY REGIME FOR EXCLUSIVE USE OF
A DRIVEWAY ACROSS CITY PROPERTY;
( Allsopp Park and Cedar Hill Road)
Before the Resolution was read,.Mr. Homer Tanner,, Attorney for Mr. Jim
Shue, spoke at length regarding the legal dispute between his client
and the owners of the Townhouses in the Park Condominiums. The
condominium owners and Mr. Shue, who built a house north of the
condominiums, have been in a four -year legal dispute over access to
the properties. The State Court of Appeals has ruled that the
condominium owners own the south side of the road that is an exit from
the townhouses. The north side of the road is owned by the City
because it owns the adjacent land, Allsopp Park, the Court ruled. Mr.
Shue has been using the City -owned strip of the road for access to his
house. Mr. Tanner told the Board if the franchise is granted, Mr.
Shue will be forced to build an expensive driveway off Cedar Hill
Road. Mr. Hal Joseph Kemp, Attorney representing owners of the
condominiums, presented his clients' case pointing out the safety
hazard of the split driveway and urged the Board to grant the
and the Resolution was read in its entirety. A lengthy discussion
followed among Board Members regarding Ordinance No. 14,430 passed
April 5, 1983, providing that all off - premise signs visible from the
designated scenic corridors, namely I -430, I -630, I -440, Highway 10
and Rebsamen Park Road, shall be removed on or before May 1, 1990.
(On May 1, 1990, the Board of Directors adopted Resolution No. 8,301
extending the time for removal of the off - premise signs (billboards)
'
for a period of sixty days.) City Manager Tom Dalton has been
negotiating with Donrey Outdoor Advertising, Inc. and at the Agenda
Meeting July 11, 1990, he reported the tentative negotiations would
allow Donrey to keep 8 of the 20 billboards on Cantrell Road and 11
signs visible from the scenic corridors. In addition, Donrey would be
allowed to apply to the Little Rock Planning Commission for permits to
construct 35 new billboards. Donrey estimates its 41 signs to be
worth at least $2,500,000. The City only has $200,000 to compensate
billboard owners for lost earnings when the signs are removed. City
Attorney Mark Stodola advised the Board that recent court rulings
indicate the City has only about a 50/50 chance of winning a lawsuit
if it uses amortization alone as just compensation. He also told the
Board the City might have to pay $500,000 to $2,500,000 to compensate
billboard owners. Director Hollingsworth had misgivings about dealing
with a prior policy set by the Board. He suggested the City take the
issue to court and get a ruling on what would be considered just
compensation; adding, the City then could make a better decision about
the cost of enforcing the Ordinance. Director Benafield commented the
Board wouldn't be considering extension of the deadline if it were
satisfied with the Ordinance. He said the Board was extending the
deadline because Board Members were having second thoughts about the
Ordinance. Mayor Villines responded that he was having no second
thoughts about the Ordinance - only whether the City could afford to
enforce it. Director Dailey advised that he could support a test case
to determine the City's financial liability. He added that he would
have a hard time spending $2,000,000 to remove billboards when the
money could have been used for new Police Programs. Following the
' lengthy discussion, a motion was made by Director Shackelford and
seconded by Director Bussey, that the Resolution be adopted. The
Resolution was ADOPTED by unanimous voice vote of the Board Members
present.
The last matter to be considered was Resolution No. 8,335 with
the title being:
A RESOLUTION GRANTING AN EXCLUSIVE FRANCHISE TO THE CO-OWNERS OF
TOWNHOUSES IN THE PARK HORIZONTAL PROPERTY REGIME FOR EXCLUSIVE USE OF
A DRIVEWAY ACROSS CITY PROPERTY;
( Allsopp Park and Cedar Hill Road)
Before the Resolution was read,.Mr. Homer Tanner,, Attorney for Mr. Jim
Shue, spoke at length regarding the legal dispute between his client
and the owners of the Townhouses in the Park Condominiums. The
condominium owners and Mr. Shue, who built a house north of the
condominiums, have been in a four -year legal dispute over access to
the properties. The State Court of Appeals has ruled that the
condominium owners own the south side of the road that is an exit from
the townhouses. The north side of the road is owned by the City
because it owns the adjacent land, Allsopp Park, the Court ruled. Mr.
Shue has been using the City -owned strip of the road for access to his
house. Mr. Tanner told the Board if the franchise is granted, Mr.
Shue will be forced to build an expensive driveway off Cedar Hill
Road. Mr. Hal Joseph Kemp, Attorney representing owners of the
condominiums, presented his clients' case pointing out the safety
hazard of the split driveway and urged the Board to grant the
440
li
July 17, 1990, Cont'd.
I
franchise. The Resolution was then read in its entirety. A motion
was made by Director Benafield, seconded by Director Hollingsworth,
that Section 1 of the Resolution be amended to state: "An exclusive
franchise is hereby granted to co- owners of Townhouses in the Park
Horizontal Property Regime "; and that Section 2 be amended to state:
"This Resolution shall be in full force and effect ninety days from
and after its adoption and approval." The motion was then adopted by
the following vote: Ayes - Mayor Villines, Directors Priest,
Benafield, Hollingsworth, Shackelford and Dailey - total 6; Noes -
Director Bussey - total 1; Absent - None. The adoption of the motion
will allow Mr. Shue temporary access to his property by use of the
driveway, and will allow him a ninety day period to construct his
access drive off Cedar Hill Road. With the motion to amend the
Resolution having been adopted, a motion followed by Director Dailey
and seconded by Director Hollingsworth, that the Resolution, as
amended, be adopted. The Resolution, as amended, was then ADOPTED by
the following vote: Ayes - Mayor Villines, Directors Priest,
Benafield, Hollingsworth and Dailey - total 5; Noes - Directors
Bussey and Shackelford - total 2; Absent - None.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 8:45 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, August 7, 1990,
at 6:00 o'clock P. M.
'
ATTEST 1 P424 t/— �` APPROVED: off 41t �,
City Clerk Jane Czech Mayor Floyd G. Villines, III
Board of Directors Chamber
Little Rock, Arkansas
August 71 1990 - 6 :00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth, Shackelford and Dailey -
total 5; Absent - Director Bussey - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Vice Mayor /Director Priest.
The Consent Agenda was the first presentation and consisted of
the following items:
(a) The approval of the Minutes of the previous meeting held
July 17, 1990.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of June, 1990.
(c) The 1989 Annual Report of the Little Rock Municipal Water
Works.
(d) Resolution No. 81336, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REIMBURSE
SOUTHWESTERN BELL TELEPHONE COMPANY AND ARKANSAS POWER AND LIGHT
COMPANY FOR UTILITY RELOCATIONS ON THE COLEMAN CREEK DRAINAGE PROJECT.
(Southwestern Bell Telephone Company - $41,161.62, and Arkansas Power
& Light Company - $19,625.65.)
(e) Resolution No. 8,337, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF 2 6 -YARD DUMP TRUCKS; 1
TRACK LOADER, AND 1 LOADER BACKHOE FOR THE DEPARTMENT OF HUMAN AND
GENERAL SERVICES /FLEET SERVICES, AND POLICE TROUSERS AND SHIRTS FOR
THE LITTLE ROCK POLICE DEPARTMENT. (Dump trucks - contract to
Robinson international not to exceed $62,320.00; 1 track loader -
contract to Newton Equipment not to exceed $105,879.39; 1 loader
backhoe - contract to Capitol Ford not to exceed $25,217.14; and 360
' police trousers and 600 shirts - contract to Schneider's not to exceed
$25,629.00.
(f) Resolution No. 8,338, described as:
A RESOLUTION AUTHORIZING THE LITTLE ROCK PRIVATE
INDUSTRY COUNCIL TO ALLOCATE TITLE IIA JOB TRAINING PARTNERSHIP ACT
(JTPA) MONIES FOR JULY 1, 1990 THROUGH JUNE 31, 1991.
(g) Resolution No. 8,339, containing the following caption:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE NECESSARY DOCUMENTS TO EXCHANGE A PARCEL OF LAND OWNED BY
{ THE CITY FOR AN ADJACENT PARCEL OF LAND NEEDED FOR THE FOURCHE CREEK
FLOOD REDUCTION PROJECT. (Exchange of tract B for tract A, with
landowner to pay difference between appraised value to the City of
Little Rock.)
(h) Resolution No. 8,3401 entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF RUSH ENGINE
REBUILDERS TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM.
�� (Located at 2905 South Cedar Street.)
441
40
August 7, 1990, Cont`d.
(i) Resolution No. 8,341, with the title being:
A RESOLUTION AUTHORIZING A FRANCHISE AGREEMENT WITH
SPAGHETTI WAREHOUSE, INC. FOR USE OF A PORTION OF EAST THIRD AND
MCLEAN STREETS FOR RENOVATION OF THE FORMER CHOCTAW RAILROAD STATION,
FOR PARKING REQUIREMENTS AND FOR OTHER PURPOSES.
(j) Resolution No. 8,342, described as:
A RESOLUTION AUTHORIZING THE EXTENSION OF A THREE INCH
SEWER TIE -ON FROM THE CHENAL DEVELOPMENT TO THE WILDWOOD PERFORMING
ARTS CENTER, WITHIN THE CITY OF LITTLE ROCK, ARKANSAS.
By motion from Director Priest, seconded by Director Dailey,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held July 17, 1990, were approved as written and
summarized to members of the Board of Directors; (b) The Comparative
Statement of Income Account of the Little Rock Municipal Water Works
for the month of June, 1990, was received and filed; (c) The 1989
Annual Report of the Little Rock Municipal Water Works was received
and filed; (d and e) Resolutions No. 8,336 and 8,337 were read in full
and adopted by unanimous voice vote of the Board Members present; (f)
Resolution No. 8,338 was read in full and adopted by voice vote of 5
ayes, 0 noes, Director Priest abstained, 1 absent; and (g, h, i and j)
Resolutions No. 8,339, 81340, 8,341 and 8,342, were read in full and
adopted by unanimous voice vote of the Board Members present.
At this point in the meeting, Mr. H. Terry Rasco, Architect with
Witsell, Evans & Rasco, presented a Merit Award from the Gulf States
Region, American Institute of Architects, to Fire Chief Rubin Webb and
the City of Little Rock, for newly renovated Fire Station No. 10
located at 5220 Kavanaugh Boulevard.
Director Bussey was enrolled.
Mayor Villines presented a Key to the City, City Flag, Little
Rock T- Shirt, and "Little Rocks from Little Rock ", to Miss Karissa
Rushing, 1990 Miss Arkansas, who will represent the State of Arkansas
in the Miss America Pageant in Atlantic City, New Jersey, in
September.
No one was present to speak at the time allotted for Citizen
Communications.
Zoning Application Z- 4746 -B filed by the Mehlburger Firm for John
E. Carl W. Knoedl and Patricia K. Granberry, was introduced next. The
application to rezone a tract containing 5.887 acres located at I -630
and John Barrow Road, from "R -2" Single - family District to "0-3"
General Office District, was approved by the Planning Commission on
July 17, 1990. No opposition to the rezoning was presented and
Ordinance No. 15,909 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;
(Z- 4746 -B - A 5.887 acre tract located at I -630 and John Barrow Road,
from 'R -2' Single - family to '0-3' General Office District.)
with the Ordinance being read the first time, followed by a motion
from Director Shackelford to suspend the rules and place the Ordinance
on second reading. The motion was seconded by Director Dailey and
adopted by unanimous vote of the Board Members present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Dailey and Priest,
respectively, and unanimously adopted by the Board Members present,
being seven 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 there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the results recorded as follows: Ayes -
Directors Priest, Benafield, Hollingsworth, Bussey, Shackelford,
Dailey and Mayor Villines - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
'J
I
J
August 7, 1990, Cont'd.
Consideration was then given to Ordinance No. 15,910, entitled:
ASSESSMENT OF BENEFITS TO BE RECEIVED BY THE OWNERS OF EACH OF
SEVERAL LOTS, BLOCKS, AND PARCELS OF LAND WITHIN WEST MARKHAM SEWER
IMPROVEMENT DISTRICT NO. 146 OF LITTLE ROCK, ARKANSAS; AND FOR OTHER
PURPOSES;
(Located in Santa Fe Park Addition at Ellis Acres Drive; Reducing the
annual levy on the assessment of benefits due to recent growth in the
District.)
and the Ordinance was read the first time. There was a motion by
Director Shackelford, seconded by Director Dailey, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. A second reading of the Ordinance followed,
with a motion being made by Director Dailey, seconded by Director
Priest, to further suspend the rules and place the Ordinance on third
and final reading. With the motion having been unanimously adopted by
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect, the
Ordinance was read the third and last time. The question, Shall the
Ordinance Pass, was submitted to an Aye and No Vote, which is recorded
as follows: Ayes - Directors Priest, Benafield, Hollingsworth,
Bussey, Shackelford, Dailey and Mayor Villines - total 7; Noes -
None; Absent - None. Therefore, the Ordinance was declared PASSED.
Ordinance No. 15,911 was the next presentation, described as:
AN ORDINANCE APPROPRIATING $11,200.76 FROM THE BALANCE OF THE
REVENUE SHARING FUND TO SPECIAL PROJECT 499 -8686 (COLEMAN CREEK
DRAINAGE PROJECT);
(For: Utility Relocations)
and said Ordinance was read the first time, followed by a motion by
Director Shackelford, seconded by Director Dailey, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion being made by Director Dailey, seconded by Director Priest, and
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. The Ordinance was read the third and last
time, and there was an Aye and No Vote taken on passage of the
Ordinance with the response being: Ayes - Directors Priest,
Benafield, Hollingsworth, Bussey, Shackelford, Dailey and Mayor
Villines - total 7; Noes - None; Absent - None. Mayor Villines then
announced that the Ordinance had PASSED.
Introduced next was Ordinance No. 15,912, containing the
following caption:
AN ORDINANCE AMENDING ORDINANCE NO. 15,295 SETTING AN INCREASE IN
THE 9 -1 -1 SERVICE CHARGE BASED ON A PERCENTAGE OF BASIC TELEPHONE
TARIFF RATES TO BE USED FOR IMPLEMENTATION AND OPERATION OF A 9 -1 -1
EMERGENCY TELEPHONE SYSTEM; AND ACQUISITION AND IMPLEMENTATION OF
RADIO COMMUNICATIONS SYSTEM HARDWARE AND SOFTWARE; AND FOR OTHER
PURPOSES;
with the Ordinance being read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Shackelford and seconded by Director Dailey, which was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. Upon second reading of the Ordinance, there
was a subsequent motion by Director Dailey that the rules again be
suspended and the Ordinance be placed on third and final reading.
Director Priest seconded the motion which was adopted by unanimous
vote of the members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. A third and last reading of the Ordinance ensued,
443
444
August 7, 199'0,'Cont''d.
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Priest, Benafield,
Hollingsworth, Bussey, Shackelford, Dailey and Mayor Villines - total
7; Noes - None; Absent - None.
The Emergency Clause contained in Section 6 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford, Dailey and Mayor Villines - total 7; Noes - None;
Absent - None. Whereupon, the Ordinance, together with the Emergency
Section, was then declared PASSED.
The next presentation was Ordinance No. 15,913, entitled:
AN ORDINANCE AMENDING CHAPTER 17, ARTICLE II OF THE LITTLE ROCK
CITY CODE, 1988, PERTAINING TO LICENSE AND PRIVILEGE TAXES, AND
CHAPTER 4, ARTICLE III, PERTAINING TO ALCOHOLIC BEVERAGE LICENSES;
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Shackelford, seconded by Director Dailey, and by unanimous vote of the
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Dailey, seconded by Director Priest, that the rules
be suspended and the Ordinance be placed on third and final reading.
The motion was unanimously adopted by members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect; whereupon, the Ordinance was
then read the third and last time. An Aye and No Vote was taken on
passage of the Ordinance which resulted as herein recorded: Ayes -
Directors Priest, Benafield, Hollingsworth, Bussey, Shackelford,
Dailey and Villines - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
Ordinance No. 15,914 was next considered, with the title being:
AN ORDINANCE APPROPRIATING $75,000 FROM THE IN -LIEU CONTRIBUTION
FUND FOR GRADE CHANGES AND IMPROVEMENTS TO APPROXIMATELY 600 LINEAR
FEET OF SOUTH BOWMAN ROAD; AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH WINROCK DEVELOPMENT CO.; AND TO WAIVE COMPETITIVE
BIDDING FOR THIS CONTRACT;
and the Ordinance was read the first time, followed by a motion by
Director Shackelford, seconded by Director Dailey, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion being made by Director Dailey, seconded by Director Priest, and
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. The Ordinance was read the third and last
time, and there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the response being: Ayes - Directors Priest,
Benafield, Hollingsworth, Bussey, Shackelford, Dailey and Mayor
Villines - total 7; Noes - None; Absent - None. The Ordinance was
then declared PASSED.
Ordinance No. 15,915 was the next presentation, described as:
AN ORDINANCE TO APPROPRIATE $15,000 TO THE NEW DEPARTMENT OF
NEIGHBORHOOD REVITALIZATION AND PLANNING; AND $18,000 TO THE TRAVEL
EXPENSE ACCOUNT OF THE BOARD OF DIRECTORS;
and the Ordinance was read the first time. A motion was made by
Director Shackelford for suspension of the rules and the placing of
the Ordinance on second reading. The motion was seconded by Director
Dailey and unanimously adopted by members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect. A second reading of the Ordinance
followed, with a motion being made by Director Dailey and seconded by
Director Priest, to suspend the rules and place the Ordinance on third
and final reading. With the motion having been unanimously adopted by
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors- elect, the
�'I
1145
August 7, 1990, Cont'd.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford, Dailey and Mayor Villines - total 7; Noes - None;
Absent - None. The Ordinance, together with the Emergency Clause, was
then declared PASSED.
Consideration was then given to Ordinance No. 15,917, described
Ordinance was read the third and last time. The resulting Aye and No
as:
Vote taken on passage of the Ordinance received the following
made a
response: Ayes - Directors Priest, Benafield, Hollingsworth, Bussey,
explaining proposed
Shackelford, Dailey and Mayor Villines - total 7; Noes - None;
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ENGINEERING
Absent - None. The Ordinance was therefore, declared PASSED.
Highway 10
Ordinance No. 15,916 was introduced and contained the following
Ordinance.
caption:
PLANS, NEGOTIATE, PROCURE AND SUPERVISE ABATEMENT OF ASBESTOS, TO
AN ORDINANCE AMENDING LITTLE ROCK CITY CODE SECTIONS 20- 3(c) (2)
AND 20 -29(b) PROVIDING FOR THE COLLECTION OF NUISANCE ABATEMENT FEES
'
AS PENALTIES IN THE SAME MANNER AS DELINQUENT TAXES; AND FOR OTHER
(Contract not to exceed $30,000; Removal of asbestos in certain
PURPOSES;
(Re: Unsafe and unsanitary conditions, structures subject to
condemnation, which provide for collection of costs from a landowner.)
with the Ordinance being read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Shackelford and seconded by Director Dailey, which was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. Upon second reading of the Ordinance, there
'
was a subsequent motion by Director Dailey that the rules again be
suspended and the Ordinance be placed on third and final reading.
Director Priest seconded the motion which was adopted by unanimous
vote of the members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors- elect. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Priest, Benafield,
Hollingsworth, Bussey, Shackelford, Dailey and Mayor Villines - total
7; Noes - None; Absent - None.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford, Dailey and Mayor Villines - total 7; Noes - None;
Absent - None. The Ordinance, together with the Emergency Clause, was
then declared PASSED.
Consideration was then given to Ordinance No. 15,917, described
and after a first reading of the Ordinance, there was a motion by
Director Shackelford, seconded by Director Dailey, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. There was a second reading of the Ordinance
followed by a subsequent motion made and seconded by Directors Dailey
and Priest, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being seven 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. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford, Dailey and Mayor Villines - total 7; Noes - None;
Absent - None. Therefore, the Ordinance was declared PASSED.
A lengthy discussion followed regarding the last item on the
Agenda, which was a proposed Ordinance entitled, "An Ordinance to
Amend Ordinance No. 15,765 Making a Change in Title, Various Changes
to the Standards, And for Other Purposes ", regarding the interim
overlay district along Highway 10, which was approved by the Board of
Directors. Mr. Jim Lawson, Director of the Department of Neighborhood
as:
and Planning,
made a
AN ORDINANCE WAIVING THE REQUIREMENT FOR COMPETITIVE BIDDING;
explaining proposed
'
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ENGINEERING
changes in the
Highway 10
MANAGEMENT CORPORATION TO PROCURE APPROVAL OF ASBESTOS ABATEMENT
Ordinance.
The proposal would
PLANS, NEGOTIATE, PROCURE AND SUPERVISE ABATEMENT OF ASBESTOS, TO
CONDUCT FINAL CLEARANCE AND RELATED MATTERS; AND FOR OTHER PURPOSES;
'
(Contract not to exceed $30,000; Removal of asbestos in certain
buildings commonly referred to as 'Sin City'.)
and after a first reading of the Ordinance, there was a motion by
Director Shackelford, seconded by Director Dailey, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. There was a second reading of the Ordinance
followed by a subsequent motion made and seconded by Directors Dailey
and Priest, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being seven 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. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford, Dailey and Mayor Villines - total 7; Noes - None;
Absent - None. Therefore, the Ordinance was declared PASSED.
A lengthy discussion followed regarding the last item on the
Agenda, which was a proposed Ordinance entitled, "An Ordinance to
Amend Ordinance No. 15,765 Making a Change in Title, Various Changes
to the Standards, And for Other Purposes ", regarding the interim
overlay district along Highway 10, which was approved by the Board of
Directors. Mr. Jim Lawson, Director of the Department of Neighborhood
Revitalization
and Planning,
made a
presentation
explaining proposed
'
II III
changes in the
Highway 10
Overlay
Ordinance.
The proposal would
4,16
August 7, 1990, Cont'd.
become the final Highway 10 Overlay Ordinance and change the district
boundary from 500 to 300 feet; reduce the minimum tract size from 3 to
2 acres; add to the berm requirement an organic /man -made barrier as an
alternative; change the tree spacing from "no more than" to "at least"
20 feet; change the curb requirement from 1 curb cut if less than 700
feet frontage and 2 curb cuts if more than 700 feet of frontage to 1
per 300 feet of frontage; clarify buildings per acre schedule and
addition of an over 20 acre category; and clarify the PUD language
adding examples. Mr. Lawson answered various questions from Board
Members. Mr. Bob Shults, representing Ranch Properties, Inc., told
the Board that he supports the concept, but is opposed to the two -acre
requirement for developments. Be said having a large lot doesn't
necessarily have anything to do with having a quality development, but
sometimes it can have an opposite effect. Ms. Ruth Bell, representing
the League of Women Voters, read a prepared statement in which she
requested passage of the Ordinance with a change to curb cuts every
700 feet. Mr. David Jones of Vogel Realty Company, also addressed the
issue stating, "what we are asking for is consistency in the City and
that we have some flexibility in all these guidelines, because we feel
we are being discriminated against." In the discussion Director
Dailey commented that some standards need to be established along
Chenal Parkway and asked the Staff to begin looking at the Parkway.
Director Benafield then asked that the Staff review all scenic
corridors and expand planning in this area. The proposed Ordinance
was not presented and a motion was made by Director Shackelford,
seconded by Director Hussey, that the meeting be recessed and that the
discussion be continued at 1:30 P. M., Wednesday, August 15, 1990, at
the Agenda Session. The motion was unanimously adopted by the Board
Members present.
There being no further business to be presented, Mayor Villines
declared the meeting recessed at 8:25 P. M., with the Board of
Directors to reconvene at 1:30 P. M., Wednesday, August 15, 1990, to
continue discussion on the Highway 10 Overlay Ordinance.
ATTEST: APPROVED:
City Clerk Jane Czech Mayor Floyd G.
Villines, III
1
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LJ
447
Board of Directors Chamber
Little Rock, Arkansas
August 15, 1990 - 1:30 P. M.
The Board of Directors of the City of Little Rock, Arkansas,
reconvened from the August 7, 1990, regular Board Meeting with Mayor
Floyd G. Villines presiding. Jane Czech, City Clerk, called the roll
with the following Directors present: Directors Priest, Benafield,
Hollingsworth, Shackelford and Dailey - total 5; Absent - Director
Bussey - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
To begin the meeting Director Benafield made a public statement
that he would not be seeking re- election to the Board of Directors at
the November 6, 1990 General Election. Director Benafield currently
holds Position No. 2 on the Board, with his current term expiring
December 31, 1990. He was appointed in January 1982, to fill the
unexpired term of Director John Langston who was appointed Pulaski
County Circuit Judge, and has served on the Board since that time. In
his statement, Director Benafield said he was honored to have served
on the Board and praised past and current directors for their hard
work and integrity. In closing he commented that "nine years is
enough ", and that he had been concerned about "burn out."
Director Bussey was enrolled.
City Manager Tom Dalton advised that the Advertising and
Promotion Commission voted to enter into purchase negotiations to
purchase the Wallace Building at Markham and Main Streets, for
Statehouse Convention Center future expansion. The Pulaski County
Quorum Court agreed to sell the building and an adjacent parking lot,
which is owned by Pulaski County. Mr. Hal Kemp, Attorney for the
Advertising and Promotion Commission, explained the proposal and
action taken by the Advertising and Promotion Commission. A
Resolution, No. 8,343, was then presented, entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS DETERMINING THE NEED AND
DESIRABILITY OF EXPANDING THE EXISTING CIVIC- CONVENTION CENTER
FACILITIES AND RECOMMENDING THE ACQUISITION OF CERTAIN LANDS ADJACENT
TO AND /OR IN THE IMMEDIATE VICINITY OF THE EXISTING CIVIC - CONVENTION
CENTER FACILITIES, AND PRESCRIBING OTHER MATTERS RELATING THERETO;
with the Resolution being read in its entirety. A motion was made by
Director Priest and seconded by Director Dailey, that the Resolution
be adopted. The Resolution was adopted by unanimous voice vote of the
Board Members present.
At this point in the meeting the discussion continued from August
7, 1990, regarding the Ordinance appearing on the Agenda, entitled:
AN ORDINANCE TO AMEND ORDINANCE NO. 15,765 MAKING A CHANGE IN TITLE,
VARIOUS CHANGES IN THE STANDARDS, AND FOR OTHER PURPOSES; (Re:
Highway 10 Overlay) In the conversation, several Board Members
indicated they needed more time to review the proposed changes.
Director Benafield suggested that a time frame be established for
consideration of the Ordinance. Director Dailey supported the
suggestion and recommended a meeting or perhaps a one -day retreat to
discuss policies, etc. Director Shackelford expressed concerns for
things "we have not done - neighborhood streets, etc." Following the
discussion, Mayor Villines announced the proposed Ordinance would be
deferred until October 2, 1990.
A lengthy discussion was held regarding the billboard issue.
(Section 3 (3) of Ordinance No. 14,430, passed April 5, 1983, states
that all off - premise signs visible from the designated scenic
corridors shall be removed on or before May 1, 1990. I -430, I -630, 1-
440, Highway 10 and Rebsamen Park Road are designated as scenic
corridors for purposes of this section.) To begin the discussion,
Director Benafield asked the City Clerk to read a proposed Ordinance
in full, concerning off - premise signs, and a proposed Scenic Corridor
Removal Agreement in full, between the City of Little Rock, Arkansas
and Donrey,
Inc.,
d /b /a Donrey
Outdoor Advertising.
The proposed
'
VIII
Ordinance was
then
read the first
time, with the title
being:
44v
AUGUST 15, 1990, Cont'd.
AN ORDINANCE AMENDING SECTION 27 -27 OF THE LITTLE ROCK CITY CODE
(REV. 1988) CONCERNING OFF- PREMISE SIGNS;
The discussion continued and Director Benafield stated that if the
Ordinance and Agreement are approved, "we will get all of the signs
off the scenic corridors." He also noted that the total of Donrey
signs would drop from 257 in 1982 to under 220 under the proposed new
agreement, and that Donrey would not sue the City. Director Benafield
said most people think "big government doesn't have the right to come
in and take your business from you" without compensating the owner.
He also predicted that if the City is required to pay $1,000,000 or
$2,000,000 to compensate billboard owners, the City Board wouldn't
have the "political will" to raise the money. Director Benafield
closed by saying that under the agreement, Donrey would be required to
get City planning through the PUD process for new signs allowed by the
agreement. At this point, Mayor Villines pointed out that the
agreement requires the City to approve at least two permits per month.
If the Planning Commission and Board of Directors failed to approve at
least two permits a month, the City could end up in court on the
matter anyway, he said. Mayor Villines also reminded that if the
agreement is approved, fifty new signs will be constructed in the
City's older areas; adding, "we're telling the residents that although
the newer parts of our community don't have billboards, the older
areas are going to keep them and they are going to get new ones."
Director Hollingsworth stated that he does not see the agreement as a
removal of all the signs on the scenic corridors; adding, "I see a
partial removal of some signs on some of the scenic corridors." He
said it is his belief that the Billboard Ordinance is worth going to
court over, and the case wouldn't involve "some wild area of the law,"
but would revolve only around the damages the City must pay to get the
signs removed. Director Priest said that the agreement guaranteed
Donrey 220 permits, each permit good for 10 years. If a new City
Board wanted to change the Billboard Ordinance, it couldn't do
anything about the 220 billboards for at least 10 years, she said. In
Director Shackelford's comments she said the City originally started
out to have "a billboard -free city," but realized that wouldn't be
feasible. She said the agreement would get the signs off the scenic
corridors. Referring to four other owners and /or land owners, Mayor
Villines said he would like clarification concerning other billboard
owners, the property along the corridors, and how they will be
compensated. Director Bussey stated that the proposed Ordinance and
Agreement should be published in the paper, that he was ready to vote,
and did not want any more dialogue. Following the discussion, there
was no motion and second to suspend the rules and place the proposed
Ordinance on second reading, therefore it remained on the calendar for
second reading at a later date.
The other proposed Ordinance regarding billboards was presented,
containing the following caption:
AN ORDINANCE AMENDING SECTION 36 -452 OF ARTICLE VII - PLANNED '
UNIT DEVELOPMENT OF THE LITTLE ROCK CITY CODE (REV. 1988);
(To facilitate the proper location for erection of off - premise outdoor
advertising structures as they are integrated into properly zoned
areas.)
and the proposed Ordinance was read the first time. There was no
motion and second to suspend the rules and place the proposed
Ordinance on second reading, therefore the Ordinance remained on the
calendar for second reading at a later date.
To conclude the meeting, Mr. Foster Strong, a member of ACORN,
and Rev. Delton Jones, 2915 State Street, also a member of ACORN,
requested street improvements in their neighborhoods. Mr. Strong
presented a list of twenty streets that he said needed repairs and
were on the City's priority list. Director Shackelford told Mr.
Strong she is willing to work with him, but some things have been
misrepresented. Rev. Jones told the Board that neighborhood streets
from Main Street to Barton Coliseum, south of Roosevelt Road, were in
need of improvements.
1 l i
AUGUST 15, 1990, Contd.
� dl9
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 4:00 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, August 21,
1990, at 6:00 o'clock P. M.
ATTEST: C/> ( APPROVED: 91'oyd City Clerk Jane Czech Mayor G. Villines, III
......_... 1•. 1.. = � 1�'`.._� .. ,. Ll•... -1.i wl :� .'.. +.111 ....
440"
l3�r�
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I
Board of Directors Chamber
Little Rock, Arkansas
I
August 21, 1990 - 6:00 P. M.
` The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
i
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth, Hussey and Shackelford -
total 5; Absent - Director Dailey - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
Director Benafield began the meeting by responding to an
editorial in Friday's Arkansas Gazette regarding the proposed
agreement concerning the removal of billboards on the scenic
corridors. Director Benafield said the editorial had gone beyond the
realm of what he believed was fair. He noted that the newspaper uses
billboards for advertising and that Gannett Company, which owns the
Gazette, is also one of the largest billboard companies in the country
(Gannett doesn't own any billboards in Little Rock). He concluded
with "I felt it was important that the public understand that the
whole truth is never told."
The Consent Agenda was then presented, consisting of the
following items:
(a) The reading of the Minutes of the previous meeting held
August 7, 1990, and the reconvened meeting held August 15, 1990.
(b) Resolution No. 8,344, entitled:
A RESOLUTION AUTHORIZING THE CITY OF LITTLE ROCK TO
INVESTIGATE AND PARTICIPATE IN REGIONAL SOLUTIONS FOR SOLID WASTE
ISSUES; (Public Works to work in conjunction with Metroplan and
other local agencies in recommending solutions for a regional solid
waste program.)
(c) Resolution No. 8,345, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR THE PURCHASE OF EMULSION (SS -1, CRS -2P) FOR THE
DEPARTMENT OF PUBLIC WORKS' STREET PROGRAM. (Contract to Elf Asphalt
not to exceed $175,000.)
By a motion from Director Shackelford, seconded by Director Hussey,
which was adopted by unanimous vote of the Board Members present, the
'
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held August 7, 1990 and the reconvened meeting held
August 15, 1990, were approved as written and summarized to the
members of the Board of Directors; and (b and c) Resolutions No.
81344 and 8,345, were read in full and unanimously adopted by the
Board Members present. (Note: Item (d) appearing on the Official
Agenda was a proposed Resolution authorizing the City Manager to
accept bids and award a contract for the purchase of disk drives for
PAGIS minicomputer, but when the bids were opened the low bid was less
than $20,000; therefore, the Resolution was removed from the Agenda.)
At this point, Mayor Villines presented a proclamation to
Assistant Police Chief James D. Vandiver, who is retiring after
twenty -five years service with the Police Department, proclaiming
August 24, 1990 as "James D. Vandiver Day." Mayor Villines and the
Board Members expressed appreciation to Chief Vandiver for his
dedicated service to the City of Little Rock.
Mayor Villines recognized and welcomed Ben Sanders and Cliff
Gregory, Boy Scouts from Asbury United Methodist Church, who were
present to observe the Board Meeting.
At the time allotted for Citizen Communications, Ms. Vivian
Kimble, 5801 Valley Drive, Apartment 3, and Mr. Allen W. Trammell,
7009 Geyer Springs Road, spoke to the Board of Directors about drugs
and other crimes in Southwest Little Rock. Mr. Trammell said
neighborhood meetings have been held on the subject and suggested that
'
451
August 21, 1990, Cont'd.
more police patrols be made available in an effort to reduce crime,
and that "no loitering" signs be placed on streets. He also
complained about code violations and the dumping of trash. Director
Priest commented that she was pleased to see citizens from Southwest
Little Rock getting involved in neighborhood problems. Director
Bussey advised that his neighborhood also experiences these problems.
Director Hollingsworth told Ms. Kimble and Mr. Trammell that he hopes
the newly organized Neighborhood Revitalization and Planning
Department will focus on the City as a whole and that he was pleased
to see their neighborhood holding meetings. Director Benafield added,
"this City must fight crime." Mayor Villines then requested that City
Manager Tom Dalton visit with the Southwest citizens and bring the
information back to the Board of Directors.
The other person speaking at Citizen Communications was Ms. Dee
Sharp, 4301 Sycamore Street, North Little Rock, Secretary of the
Arkansas Spinal Cord Association, who asked that the fine for non -
handicapped persons parking in handicapped spaces be increased from
$25.00 to $100.00. A brief discussion followed among Board Members
who stated that enforcement of this violation is very important. They
unanimously agreed to add this Ordinance to the Agenda (See Ordinance
No. 15,924).
'
Zoning Application Z- 3751 -A filed by Ralph Bozeman for
Kanis /Otter Creek Properties Limited Partnership, to rezone a 27.4
acre tract on Mabelvale West Road (long legal description), from "I -2"
Light Industrial District to "O -3" Office, "C -3" General Commercial
and "OS" Open Space Districts, was the next presentation. The
Planning Commission approved the application, as filed, on July 17,
1990, by a vote of 9 ayes, 1 no and 1 absent. The Staff recommended
"0 -3" Office and "OS" Open Space Districts. Before the proposed
Ordinance was presented, a discussion followed in which Director
Hollingsworth asked Mr. Jim Lawson, Director of Neighborhood
Revitalization and Planning, why the Staff recommended only "0-3" and
"OS" Districts. Mr. Lawson responded that Staff felt like it was more
appropriate to have office use instead of commercial use at the
intersection of the South Loop at this time. Director Priest also had
concerns with "C -3" General Commercial. Mr. Ralph Bozeman, the
applicant, pointed out there is a lot of "0 -3" Office Zoning in the
area that is not being used. Upon question by Director Priest, Mr.
Bozeman advised there is no specific use in mind for the property at
this time. Following the discussion, the proposed Ordinance was
presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 3751 -A - 27.4 acres on Mabelvale West Road, from "I -2" Light
Industrial District to 00 -3" Office, "C -3" General Commercial and "OS"
'
Open Space District.)
and after a first reading of the ordinance, there was a motion by
Director Priest, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance
followed by a subsequent motion again made by Director Priest and
seconded by Director Shackelford, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being six 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. The Aye and
No Vote taken on passage of the Ordinance received the following
response: Ayes - Directors Benafield, Bussey and Shackelford - total
3; Noes - Directors Priest and Hollingsworth, and Mayor Villines -
total 3; Absent - Director Dailey - total 1. Therefore, it was
announced that the Ordinance had FAILED. Mayor Villines mentioned the
Board's policy whereby an absent Director may request that an item
with a 3 -3 vote be reconsidered.
Consideration was then given to Ordinance No. 15,918, described
as:
AN ORDINANCE AMENDMENT TO THE WEST LITTLE ROCK PLAN FROM
1 11111 RESIDENTIAL TO MATTERS USE AT THE NORTHWEST CORNER OF I -630 AND BARROW
All
August 21, 1990, Cont'd.
(Amending the Boyle Park Land Use Plan from single - family residential
to office district on the NJW corner of Barrow at I -30.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Hollingsworth, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Priest that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Shackelford seconded the motion which was adopted by unanimous vote of
the 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 ensued, followed by an Aye and
No Vote taken on passage of the Ordinance, with the results recorded
as-.follows: -•- Ayes - Directors Benafield, Hollingsworth, Bussey,
Shackelford, Mayor Villines and Director Priest - total 6; Noes -
None; - - Absent - Director Dailey - total 1. Whereupon, the Ordinance
was declared PASSED.-
Introduced next was Ordinance No. 15,919, containing the
following caption:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
,
ESTABLISHING A PCD DISTRICT TITLED CAULDWELL (Z- 4743 -C) 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- 4743 -C - Parcel located at 2402 Cantrell Road, described as Lots 3,
4 and 5, Cauldwell Addition Replat, Little Rock, Arkansas.)
with the Ordinance being read the first time, followed by a motion
from Director Priest to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Hollingsworth and
adopted by unanimous vote of the Board Members present, being six in
number and two - thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Priest and
Shackelford, respectively, and unanimously adopted by the Board
Members present, being six in number and two - thirds or more of the
members of the Board of Directors - elect. Following the third and
final reading of the Ordinance, there was an Aye and No Vote taken on
the question, Shall the Ordinance Pass, with the results recorded as
follows: Ayes - Directors Benafield, Hollingsworth, Bussey,
Shackelford, Mayor. Villines and Director Priest - total 6; Noes -
None; Absent - Director Dailey - total 1. The Ordinance was then
declared PASSED.
Ordinance No. 15,920 was presented, entitled:
'
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED INVESTMENT MOTORCAR CORP. (Z -5340)
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 -5340 - Parcel located at 2905 Cantrell Road, described as Lot 2,
Cook Alworth Replat of Cook Alworth Subdivision in the City of Little
Rock.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance
followed by a subsequent motion made and seconded by Directors Priest
and Shackelford, respectively, to suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being six 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. The Aye and No Vote
taken on passage of the Ordinance is recorded as follows: Ayes -
Directors Benafield, Hollingsworth, Bussey, Shackelford, Mayor
Villines and Director Priest - total 6; Noes - None; Absent
Director Dailey — total 1. The Ordinance was then declared PASSED.
1
453
August 21, 1990, Cont'd.
The next presentation was Ordinance No. 15,921, with the title
being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF SUBDIVISION
REQUIREMENTS;
(S -651 - Raines Valley Road off Crystal Valley Road; for Plantation
Acres Phase IV; to allow lot depth more than 3 times width and to
allow no curbs, gutters and sidewalks.)
and the Ordinance was read the first time. A motion followed whereby
the rules were suspended to allow for the second reading of the
Ordinance. The motion was made by Director Priest, seconded by
Director Hollingsworth, and 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. The Ordinance was
then read the second time. There was an ensuing motion again made by
Director Priest and seconded by Director Shackelford, 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 the 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. There was a
third and last reading of the Ordinance followed by an Aye and No Vote
taken on passage of the Ordinance with the response being: Ayes -
Directors Benafield, Hollingsworth, Bussey, Shackelford, Mayor
Villines and Director Priest - total 6; Noes - None; Absent -
Director Dailey - total 1. Therefore, it was announced that the
Ordinance had PASSED.
Ordinance No. 15,922 was presented next, with the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF SUBDIVISION
REQUIREMENTS;
(S -733 - Jack Mann Road off Colonel Glenn Road; for Marvin Vaughter
Subdivision; to allow no curbs, gutters and sidewalks.)
with the Ordinance being read the first time, followed by a motion by
Director Priest, seconded by Director Hollingsworth, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the 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 a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Priest, seconded by Director
Shackelford, and 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. The Ordinance was read the
third and last time, and there was an Aye and No Vote taken on passage
of the Ordinance with the results recorded as follows: Ayes -
Directors Benafield, Hussey, Shackelford, Mayor Villines and Director
Priest - total 5; Noes - None; Abstentions - Director Hollingsworth
- total 1; Absent - Director Dailey - total 1. Whereupon, the
Ordinance was declared PASSED.
Consideration was given to Ordinance No. 15,923, described as:
AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE
CITY OF LITTLE ROCK, ARKANSAS, AND MAKING SAME A PART OF THE CITY OF
LITTLE ROCK;
(Two and one -half acres; David O'Dodd Annexation)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest
and Shackelford, respectively, to further suspend the rules and place
the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being six in number
' and two- thirds or more of the members of the Board of Directors - elect,
and the third and final reading of the Ordinance ensued. The
.15 11
August 21, 1990, Cont'd.
question, Shall the Ordinance Pass, was submitted to an Aye and No
Vote, which received the following response: Ayes - Directors
Benafield, Hollingsworth, Bussey, Shackelford, Mayor Villines and
Director Priest - total 6; Noes - None; Absent - Director Dailey -
total 1. Mayor Villines then announced that the Ordinance had PASSED.
The next presentation was Ordinance No. 15,924, with the title
being:
AN ORDINANCE AMENDING SECTION 32 -302 OF THE LITTLE ROCK CODE OF
ORDINANCES CONCERNING HANDICAPPED PARKING CITATIONS;
(Increases fine from $25.00 to $100.00 for parking illegally in a
handicapped parking space.)
and the Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Hollingsworth, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the 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 a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the '
motion being made by Director Priest, seconded by Director
Shackelford, and 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. The Ordinance was read the
third and last time and there was an Aye and No Vote taken on the
question, Shall the Ordinance Pass, with the results recorded as
follows: Ayes - Directors Benafield, Hollingsworth, Shackelford,
Mayor Villines and Director Priest - total 5; Noes - None;
Abstentions - Director Bussey - total 1; Absent - Director Dailey -
total 1. The Ordinance was then declared PASSED.
At 7:25 o'clock P. M., Mayor Villines announced there would be a
fifteen minute recess.
When the Board of Directors reconvened at 7:40 o'clock P. M.,
Mayor Villines presided and the following Directors were present:
Directors Priest, Benafield, Hollingsworth, Bussey and Shackelford -
total 5; Absent - Director Dailey - total 1.
The last presentations were three Ordinances pertaining to
billboards in the City of Little Rock. But, before the presentations,
a very lengthy discussion ensued with thirteen speakers presenting
strong opposition to the three Ordinances on the Agenda. Mr. Ed
Levy, 5019 Hawthorne Road, representing the Metropolitan Junior
Chamber of Commerce, opened the discussion by reading a prepared
statement opposing the proposed Ordinance authorizing the City Manager
to enter into a "Scenic Corridor Removal Agreement" with Donrey, Inc. '
Ms. Nell O'Neal, 6513 Cantrell Road, made an emotional appeal to the
Board of Directors asking them to keep their word and enforce
Ordinance No. 14,430, passed April 5, 1983, which directed that
billboards be removed from the scenic corridors by May 1, 1990.
(Resolutions No. 8,301 adopted May 11 1990, and 8,334 adopted July 17,
1990, extended the removal time period sixty and thirty days,
respectively.) Ms. Jane McCallum, 4422 Kenyon Avenue, representing
the Hillcrest Neighborhood Association, read a prepared statement
opposing the "Donrey Agreement ", in which she said "our scenic
environment must be preserved" and advised that her group would be
willing to help draft a new Plan. Director Benafield responded to the
statement by stating, "this is not a Donrey proposal, but a proposal
four members of the Board of Directors drafted." Director Bussey said
the only input he had in the proposed Ordinance was Section 6 which
would amend Section 27- 27(c). Ms. Pam Mitchell, 1422 South Summit
Avenue, representing the Central High Neighborhood Association,
expressed her concerns for the high concentration of billboards and
noted that fifty -seven billboards advertised either tobacco or
alcohol. She concluded by saying, "we are talking about health,
safety and welfare of citizens in this area." Mr. Eugene P. Levy, an
architect, read a prepared statement (filed with the City Clerk) in
which he pointed out objections to the provisions of the proposed
Donrey contract, and instead supported a proposed New Plan that would
maintain the spirit of the 1983 Ordinance. In closing he requested
the Board of Directors to not ratify the proposed Donrey contract, and
direct the City Staff to study the new Plan, compare it to the Donrey ,
contract and report its recommendations to the Board of Directors,
together with any recommended Ordinance revisions. Mr. Jim Lynch,
August 21, '1990, Cont'd.
2109 Louisiana Street, President of the Coalition of Little Rock
Neighborhoods, presented heated opposition to the proposed Ordinance.
He said, "I do not understand how an Ordinance this bad got on second
reading without Staff analysis - let's declare it DOA - 'dead on
arrival'." Ms. Charlene Hardcastle, 312 Fern Street, spoke against
the proliferation of billboards. Mr. Herbert Parker, 1119 Claywood,
Chairman of the City Beautiful Commission, read a Resolution adopted
August 20, 1990, by the City Beautiful Commission, entitled: "A
Resolution to recommend to the Little Rock Board of Directors the
continued support of the existing Billboard Ordinance and to recommend
withdrawal of the currently proposed 'Donrey Agreement'." (The
Resolution was filed with the City Clerk.) Mr. Ray Smith, 1501 Spring
Street, a member of the Quapaw Quarter Association, spoke in support
of the original Ordinance, No. 14,430, and against the compromise
agreement. Mr. Rex Friedman, 5004 Candlewick, North Little Rock,
President of the American Society of Landscape Architects, Arkansas
Chapter, read a prepared statement (filed with the City Clerk) in
which he recommended that the Board of Directors withdraw the proposed
Donrey - Little Rock Billboard Agreement and uphold the Billboard
Ordinance, No. 14,430, passed April 5, 1983. Ms. Mary Weeks, 11701
Birchwood Drive, spoke against the proposed Ordinance and Agreement.
Representative Jim Lendall, 10625 Legion Hut Road, questioned why an
impact study was not conducted in 1983. The last speaker in
opposition was Mr. Walter G. Riddick, III, 523 West 3rd Street, who
said he did not think it wise to bring fifty PUD applications to the
Planning Commission. Mr. Larry Wallace, Attorney for Donrey, Inc.,
was the only person speaking for the proposed Ordinance. He read a
prepared statement (filed with the City Clerk) that said, "Donrey
cannot enter into an agreement with the City without assurance that
the agreement will be honored and performed." Discussion followed
among Board Members in which Director Bussey said he would support
going to court instead of dividing the City. Mayor Villines stated
that he wanted to know if Donrey had erected signs illegally since
Ordinance No. 14,430 was passed. Upon question by Director Benafield,
Mr. Wallace said Donrey does not know of any signs illegally erected
since 1983. Director Priest commented that she thought this battle
was fought before and said "if you make a commitment, you have to keep
it." Director Shackelford said it was not easy for her to make this
I issue simple. Mayor Villines would like a comparison of the proposal
by Mr. Levy and parallel it with the proposed agreement. He also said
he accepted the City Attorney's cost estimate for removal of the
billboards from $500,000 to $21500,000. City Manager Tom Dalton was
not given any specific directions, and the proposed Ordinances were
presented, with the titles being:
AN ORDINANCE AMENDING SECTION 27 -27 OF THE LITTLE ROCK CITY CODE
(REV. 1988) CONCERNING OFF- PREMISE SIGNS;
and the proposed Ordinance was read the second time, having been read
the first time on August 7, 1990. There was no motion and second for
suspension of the rules and the proposed Ordinance remained on the
calendar for third and final reading at the September 4, 1990, Board
of Directors Meeting.
Consideration was then given to a proposed Ordinance, entitled:
AN ORDINANCE AMENDING SECTION 36 -452 OF ARTICLE VII - PLANNED
UNIT DEVELOPMENT OF THE LITTLE ROCK CITY CODE (REV. 1988);
with the proposed Ordinance being read the second time, having also
been read the first time on August 7, 1990. A motion to suspend the
rules and place the proposed Ordinance on third and final reading was
not offered; therefore, the proposed Ordinance remained on the
calendar for third and final reading at the next Board of Directors
Meeting.
The last matter to be presented was a proposed Ordinance,
described as:
AN ORDINANCE AMENDING SECTION 27 OF CHAPTER 27 OF THE LITTLE ROCK
CITY CODE PERTAINING TO OFF- PREMISE SIGNS; AND DECLARING AN EMERGENCY;
(To add Shackleford Road, Kanis Road, Financial Centre Parkway, Chenal
Parkway, Mabelvale Cut -Off, Colonel Glenn Road, the South Loop By -Pass
and Mid -Town Expressway (proposed), to the Master Street Plan as
scenic corridors.)
45
August 21, 1990, Cont'd. 11111
and the Ordinance was read the first time. There was no motion and
second for suspension of the rules, and the proposed Ordinance will be
placed on the calendar for second reading at the September 4, 1990,
Board of Directors Meeting.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 10:00 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, September 4,
1990, at 6:00 o'clock P. M.
ATTEST: � �Cik� APPROVED: (�,{�( � V,c�1✓`- ^""�V 1
City Clerk Jane Czech Mayor Floyd G. Villines, III
* * * * * * * * * * * *
I
171,
41537
Board of Directors Chamber
Little Rock, Arkansas
September 4, 1990 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. In the
absence of City Clerk Jane Czech, Assistant City Clerk Robbie Hancock
called the roll with the following Directors in attendance: Directors
Priest, Hollingsworth and Dailey - total 3; Absent - Directors
Benafield, Bussey and Shackelford - total 3.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Director Hollingsworth.
Director Shackelford was enrolled.
The first presentation was the Consent Agenda consisting of the
' following items:
(a) The reading of the Minutes of the previous Board of
Directors Meeting held August 21, 1990.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of July, 1990.
(c) Resolution No. 8,346, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD THE ANNUAL CONTRACT FOR PURCHASE OF PRINT SHOP PAPER
FOR THE DEPARTMENT OF HUMAN AND GENERAL SERVICES. (Little Rock Paper
Company - contract not to exceed $36,201.29.)
(d) Resolution No. 8,347, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
ENGINEERING CONTRACT WITH GARVER AND GARVER TO COMPLETE PLANS FOR THE
UNIVERSITY AVENUE /CHICOT ROAD CONNECTIONS; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH THE ARKANSAS HIGHWAY DEPARTMENT
CONCERNING THE PROJECT; ALLOCATING $150,000 IN ADDITIONAL 1988 BOND
FUNDS TO THE PROJECT, ACCOUNT #301- 220 -0064.
(j) Resolution No. 8,350, entitled:
A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION
TO VACATE A PUBLIC UTILITY EASEMENT BETWEEN TRACTS K -1 AND K -2 OF
' RIVERDALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Hearing
date - September 18, 1990)
(e) Resolution No. 8,348, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
ONE -YEAR RENEWAL CONTRACT WITH ARTHUR J. GALLAGHER COMPANY FOR
BUILDING AND CONTENTS INSURANCE COVERAGE. (Effective October 1, 1990)
(f) A MOTION TO WITHDRAW AN ORDINANCE AMENDING SECTION 27 -27 OF
THE LITTLE ROCK CITY CODE (REV. 1988) CONCERNING OFF- PREMISE SIGNS.
(Read second time 8- 21 -90)
(g) A MOTION TO WITHDRAW AN ORDINANCE AMENDING SECTION 36 -452 OF
ARTICLE VII - PLANNED UNIT DEVELOPMENT OF THE LITTLE ROCK CITY CODE
(REV. 1988). (Read second time 8- 21 -90)
(h) A MOTION TO WITHDRAW AN ORDINANCE AMENDING SECTION 27 OF
CHAPTER 27 OF THE LITTLE ROCK CITY CODE PERTAINING TO OFF- PREMISE
SIGNS; AND DECLARING AN EMERGENCY. (Read first time 8- 21 -90)
(i) Resolution No. 8,349, containing the following caption:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO ABANDON A PORTION OF RIGHT -OF -WAY OF KANIS ROAD REMAINING
AFTER THE NEW ALIGNMENT OF CHENAL PARKWAY IN THE CITY OF LITTLE ROCK,
ARKANSAS. (Hearing date - September 18, 1990)
(j) Resolution No. 8,350, entitled:
A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION
TO VACATE A PUBLIC UTILITY EASEMENT BETWEEN TRACTS K -1 AND K -2 OF
' RIVERDALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Hearing
date - September 18, 1990)
1158
September 4, 1990, Cont'd.
(k) Resolution No. 8,351, with the title being:
A RESOLUTION SETTING THE DATE FOR PUBLIC HEARING ON
SEPTEMBER 12, 1990, TO CONSIDER AN ORDINANCE AUTHORIZING THE ISSUANCE
OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE ARKANSAS MODIFICATION
CENTER.
(1) Resolution No. 8,352, described as:
A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION
TO VACATE A PUBLIC UTILITY EASEMENT BETWEEN LOTS 13 AND 14 OF SHERRILL
HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Hearing date
- September 18, 1990)
(m) Resolution No. 8,353, containing the following heading:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF CUSTOM
ENGINEERED PRODUCTS COMPANY, INC. TO PARTICIPATE IN THE ARKANSAS
ENTERPRISE ZONE PROGRAM. (Located at 8915 Fourche Dam Pike)
By a motion from Director Shackelford, seconded by Director Dailey,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous Board Meeting held August 21, 1990, were approved as written
and summarized to members of the Board of Directors; (b) The
Comparative Statement of Income Account of the Little Rock Municipal
Water Works for the month of July, 1990, was received and filed; (c, d
and e) Resolutions No. 8,346, 8,347 and 8,348, were read in full and
unanimously adopted by the Board Members present; (f, g & h) A motion
was made and adopted to withdraw the Ordinances as described above;
(i, j, k, 1 and m) Resolutions No. 8,349, 8,350, 8,351, 8,352 and
8,353, were read in full and unanimously adopted by the Board Members
present. (Note: Mr. George Hirrill, P. O. Box 101, Mabelvale,
Arkansas, spoke in opposition to item (f) saying the City should try
to assist businesses that are providing jobs in the community, and
that the sign companies should be afforded some consideration.)
No one was present to address the Board of Directors at the time
allotted for Citizen Communications.
Director Benafield was enrolled.
The following rezoning application approved by the Planning
Commission, as amended from "C -3" General Commercial District to "C -1"
Neighborhood Commercial District, was the next presentation:
Z- 1495 -A - From Church of the Nazarene, by Donald Irwin and Dan
Holom, to rezone 8501 Asher Avenue, described as Lots 5 and 6, Block
4, Westwood Addition, from "R -2" Single - family to "C -1" Neighborhood
Commercial District. No opposition was presented to the
reclassification and Ordinance No. 15,925 was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 1495 -A - To rezone 8501 Asher Avenue, from "R -2" Single - family to
"C -1" Neighborhood Commercial District.)
with the Ordinance being read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Dailey, and 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 second reading of the
Ordinance followed, with a motion being made by Director Priest and
again seconded by Director Dailey, to further suspend the rules and
place the Ordinance on third and final reading. With the motion
having been 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, the Ordinance was read the third and
last time. The resulting Aye and No Vote taken on passage of the
Ordinance is herein recorded as follows: Ayes - Directors
Hollingsworth, Shackelford, Dailey, Mayor Villines, Directors Priest
and Benafield - total 6; Noes - None; Absent - Director Bussey -
total 1. The Ordinance was then declared PASSED.
-159
L,
September 4,'1990, Cont'd.
Zoning Application Z- 5336 -A from the Twin City Bank, was
introduced next. The application to rezone the northwest corner of
Kavanaugh Boulevard and Newton Street, from "C -4" Open Display
District to "C -3" General Commercial District, was approved by the
Planning Commission on July 31, 1990. No opposition to the rezoning
was presented and Ordinance No. 158926 was considered, with the title
being:
The next presentation was Zoning Application Z -53471 filed by Phi
Chi House Corporation of Delta Delta Delta. The application requested
the reclassification of 5700 West 29th Street, described as Lot 10 of
the Replat of Lots 7, 8, 9 and 10, Block It and Lot 7, Block 7 of C.
0. Brack's Addition, from "R -5" Urban Residence District to "0 -3"
Office District. The Planning Commission approved the zoning change
on July 31, 1990. No one opposed the reclassification and Ordinance
No. 15,927 was presented, containing the following caption:
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 -5347 - Rezoning 5700 West 29th Street, from 'R -5" Urban Residence
to "0-3' General Office District.)
with the Ordinance being read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Dailey, which 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. Upon second reading of the Ordinance, there was a
subsequent motion made by Director Priest that the rules be further
suspended and the Ordinance be placed on third and final reading.
Director Dailey seconded the motion which was adopted by unanimous
vote of the 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 ensued,
followed by an Aye and No Vote taken on the question, Shall the
Ordinance Pass, with the response being: Ayes - Directors
Hollingsworth, Shackelford, Dailey, Mayor Villines, Directors Priest
and Benafield - total 6; Noes - None; Absent - Director Hussey -
total 1. Therefore, the Ordinance was declared PASSED.
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
Consideration was then given to Zoning Application Z -5348 filed
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 5336 -A - Rezoning the N/W corner of Kavanaugh Boulevard and Newton
16th Street and Leander Drive, from "R -2" Single - family District to
Street, from 'C -4" Open Display District to "C -3" General Commercial
District.)
and the Ordinance was read the first time, followed by a motion
by the Planning Commission on July 31, 1990. No one opposed the
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Dailey, and unanimously adopted by members of the Board of
presented, described as:
Directors present, being six 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 again made by Director
Priest, 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 the 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
last reading of the Ordinance. The passage of the Ordinance was then
submitted to an Aye and No Vote which resulted as follows: Ayes -
Directors Hollingsworth, Shackelford, Dailey, Mayor Villines,
Directors Priest and Benafield - total 6; Noes - None; Absent -
Director Bussey - total 1. Whereupon, the Ordinance was declared
PASSED.
The next presentation was Zoning Application Z -53471 filed by Phi
Chi House Corporation of Delta Delta Delta. The application requested
the reclassification of 5700 West 29th Street, described as Lot 10 of
the Replat of Lots 7, 8, 9 and 10, Block It and Lot 7, Block 7 of C.
0. Brack's Addition, from "R -5" Urban Residence District to "0 -3"
Office District. The Planning Commission approved the zoning change
on July 31, 1990. No one opposed the reclassification and Ordinance
No. 15,927 was presented, containing the following caption:
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 -5347 - Rezoning 5700 West 29th Street, from 'R -5" Urban Residence
to "0-3' General Office District.)
with the Ordinance being read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Dailey, which 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. Upon second reading of the Ordinance, there was a
subsequent motion made by Director Priest that the rules be further
suspended and the Ordinance be placed on third and final reading.
Director Dailey seconded the motion which was adopted by unanimous
vote of the 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 ensued,
followed by an Aye and No Vote taken on the question, Shall the
Ordinance Pass, with the response being: Ayes - Directors
Hollingsworth, Shackelford, Dailey, Mayor Villines, Directors Priest
and Benafield - total 6; Noes - None; Absent - Director Hussey -
total 1. Therefore, the Ordinance was declared PASSED.
Consideration was then given to Zoning Application Z -5348 filed
by Doug Ford for the City of Little Rock, to rezone a parcel on West
16th Street and Leander Drive, from "R -2" Single - family District to
"AF" Agriculture and Forestry District. The application was approved
by the Planning Commission on July 31, 1990. No one opposed the
application to rezone the property and Ordinance No. 15,928 was
presented, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
460
I
I
September 4,'1990, Cont'd.
li
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5348 - Rezoning a parcel located on West 16th Street and Leander
Drive, from 'R -2' Single - family to 'AF° Agriculture and Forestry
District.)
and the Ordinance was read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
!,
of the Ordinance on second reading. The motion was seconded by
Director Dailey, and 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 second reading of the
Ordinance followed, with a motion being made by Director Priest and
again seconded by Director Dailey, to further suspend the rules and
place the Ordinance on third and final reading. With the motion
having been 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, the Ordinance was read the third and
last time. The resulting Aye and No Vote taken on passage of the
Ordinance is herein recorded as follows: Ayes - Directors
Hollingsworth, Shackelford, Dailey, Mayor Villines, Directors Priest
and Benafield - total 6; Noes - None; Absent - Director Bussey
total 1. Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 15,929, containing the
following caption:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR DEFINITION, MODIFICATION
AND PROCEDURAL REVISIONS;
(Re: Amendments to the Subdivision Ordinance. Approved by Planning
Commission and Staff.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. 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, and the second reading of the Ordinance ensued. A
subsequent motion was again made by Director Priest and seconded by
Director Dailey, to further suspend the rules and place the Ordinance
on third and final reading. 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.
There was a third and final reading of the Ordinance after which an
Aye and No Vote was taken on the question, Shall the Ordinance Pass,
with the results recorded as follows: Ayes - Directors Hollingsworth,
Shackelford, Dailey, Mayor Villines, Directors Priest and Benafield -
total 6; Noes - None; Absent - Director Bussey - total 1. Mayor
'
Villines then announced that the Ordinance had PASSED.
Ordinance No. 15,930 was the next presentation, with the title
being:
AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND
PURCHASE AGREEMENT PROVIDING FOR THE SALE OF INDUSTRIAL DEVELOPMENT
REVENUE BONDS TO BE ISSUED UNDER ARKANSAS CODE ANNOTATED SECTIONS 14-
164 -201 TO 224 (1987) FOR THE PURPOSE OF SECURING AND DEVELOPING
INDUSTRY (THE PARTICULAR INDUSTRIAL PROJECT IS DESCRIBED IN THE
ORDINANCE); AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST
INDENTURE SECURING THE BONDS; AUTHORIZING AND PRESCRIBING CERTAIN
MATTERS PERTAINING TO THE INDUSTRIAL PROJECT, THE ACQUISITION,
CONSTRUCTION, AND EQUIPPING THEREOF, AND THE FINANCING THEREOF;
AUTHORIZING A LEASE AGREEMENT BETWEEN THE CITY AND THE LITTLE ROCK
MUNICIPAL AIRPORT COMMISSION, AS LESSOR, AND ARKANSAS MODIFICATION
CENTER, INC., AS LESSEE; AUTHORIZING THE EXECUTION AND DELIVERY OF THE
LEASE AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF AN
AGREEMENT FOR PAYMENT IN LIEU OF TAXES; AUTHORIZING THE EXECUTION AND
DELIVERY OF A PRELIMINARY OFFICIAL STATEMENT; PRESCRIBING MATTERS
RELATING THERETO; AND DECLARING AN EMERGENCY;
with the ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Dailey, and by unanimous vote of the
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.
'
I
L
461
September 4, 1990, Cont'd.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Priest, seconded by Director Dailey, that the rules
be further suspended and the Ordinance be placed on third and final
reading. 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; whereupon, the Ordinance
was then read the third and last time. An Aye and No Vote was taken
on passage of the Ordinance and received the following response: Ayes
- Directors Hollingsworth, Shackelford, Dailey, Mayor Villines,
Directors Priest and Benafield - total 6; Noes - None; Absent -
Director Bussey - total 1.
The Emergency Clause contained in Section 12 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Hollingsworth, Shackelford, Dailey, Mayor Villines,
Directors Priest and Benafield - total 6; Noes - None; Absent -
Director Bussey - total 1. Therefore, the Ordinance, together with
the Emergency Section, was then declared PASSED.
Zoning Application Z- 3751 -A to rezone a parcel on Mabelvale West
Road, from "I -2" Light Industrial to "0 -3" Office, "C -3" General
Commercial and "OS" Open Space Districts, was again presented. The
first presentation occurred on August 21, 1990, at which time the
Ordinance was read and the rules suspended for second and third
readings. The Ordinance FAILED TO PASS by a 3 -3 vote with Director
Dailey being absent. Board Policy permits the absent Director to
request reconsideration of an item when there is a 3 -3 vote.
Therefore, the issue was again placed on the Agenda at the request of
Director Dailey. The Planning Commission approved the request on July
17, 1990. with only six Board Members present and a possible 3 -3 vote
again, Director Benafield moved that the matter be tabled until the
reconvened Board of Directors Meeting on September 12, 1990 at 1:30
o'clock P. M. The motion was seconded by Director Dailey and was
unanimously adopted by the Board Members present; therefore, the
proposal remained on the calendar to be reconsidered September 12,
1990 at 1:30 o'clock P. M.
Consideration was then given to a proposed Ordinance, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED MORGAN SHORT -FORM PCD (Z -5341) 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 -5341 - Located at the N/W corner of Highway 10 and Morgan Cemetery
Road, from 'R -2• Single - family District to "PCD" for construction of a
branch bank.)
and the Ordinance was read the first time. Mrs. Carolyn Russell, Real
Estate Agent, made a presentation in which she said the intended use
is an excellent use for the property. She explained the project is
being developed by mixing a small office complex including a financial
institution, with two residential lots, which would allow a buffer
' zone for all the residential property surrounding it of 400' to 500'
from the office site, with the exception of one residence behind the
Consideration was then given to Ordinance No. 15,931, entitled:
AN ORDINANCE AMENDING CHAPTER 17, ARTICLE II OF THE LITTLE ROCK
'
CITY CODE, 1988, PERTAINING TO LICENSE AND PRIVILEGE TAXES;
Ordinance being read the first time. The rules were then
with the
suspended to allow for the second reading by motion from Director
Priest, seconded by Director Dailey, and by unanimous vote of the
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.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Priest, again seconded by Director Dailey, that the
rules be further suspended and the Ordinance be placed on third and
final reading. 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; whereupon, the
Ordinance was then read the third and last time. An Aye and No Vote
was taken on passage of the Ordinance which resulted as herein
recorded: Ayes - Directors Hollingsworth, Shackelford, Dailey, Mayor
Villines, Directors Priest and Benafield - total 6; Noes - None;
Absent - Director Hussey - total 1. The Ordinance was then declared
PASSED.
Zoning Application Z- 3751 -A to rezone a parcel on Mabelvale West
Road, from "I -2" Light Industrial to "0 -3" Office, "C -3" General
Commercial and "OS" Open Space Districts, was again presented. The
first presentation occurred on August 21, 1990, at which time the
Ordinance was read and the rules suspended for second and third
readings. The Ordinance FAILED TO PASS by a 3 -3 vote with Director
Dailey being absent. Board Policy permits the absent Director to
request reconsideration of an item when there is a 3 -3 vote.
Therefore, the issue was again placed on the Agenda at the request of
Director Dailey. The Planning Commission approved the request on July
17, 1990. with only six Board Members present and a possible 3 -3 vote
again, Director Benafield moved that the matter be tabled until the
reconvened Board of Directors Meeting on September 12, 1990 at 1:30
o'clock P. M. The motion was seconded by Director Dailey and was
unanimously adopted by the Board Members present; therefore, the
proposal remained on the calendar to be reconsidered September 12,
1990 at 1:30 o'clock P. M.
Consideration was then given to a proposed Ordinance, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED MORGAN SHORT -FORM PCD (Z -5341) 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 -5341 - Located at the N/W corner of Highway 10 and Morgan Cemetery
Road, from 'R -2• Single - family District to "PCD" for construction of a
branch bank.)
and the Ordinance was read the first time. Mrs. Carolyn Russell, Real
Estate Agent, made a presentation in which she said the intended use
is an excellent use for the property. She explained the project is
being developed by mixing a small office complex including a financial
institution, with two residential lots, which would allow a buffer
' zone for all the residential property surrounding it of 400' to 500'
from the office site, with the exception of one residence behind the
September 4, 1990, Cont''d.
autombile repair facility. Mrs. Russell pointed out that she is just
asking that the frontage along Highway No. 10 be zoned for this site,
and that the opposing property owners had cited drainage problems.
She advised that she had met and talked with them, but is not able to
fix their drainage problem. By complying with the City's Stormwater
Detention Ordinance, we will not be adding to the problem, she said.
In closing, Mrs. Russell said she had met all the requirements,
including the Highway 10 Overlay Ordinance and asked for the Board's
support. Mr. Tom Lovett, 6425 Forestwood Farm Road, an adjacent
property owner, voiced opposition for four adjoining property owners,
one being Mr. Bill Lessenberry who was informed that his auto repair
business was a non - conforming use when the City started exercising the
extraterritorial powers. In expressing opposition to the proposal, he
cited traffic and drainage problems and spot zoning. Upon question by
Director Benafield, Mr. Jim Lawson, Director of the Neighborhood
Revitalization and Planning Department, advised that the Staff
approved the proposed "PCD." He made a presentation of the zoning
classifications of property in the area and answered various questions
from Board Members. Mr. Brent Tyrrell, an adjoining property owner,
spoke in opposition to the change to "PCD." Director Hollingsworth
suggested talking about the Highway 10 Plan before dealing with the
matter. Mr. Lawson said the bank has agreed to comply with the
Stormwater Detention Ordinance even though it's not required outside
the City Limits. There was no motion and second for suspension of the
,
rules; therefore, the proposed Ordinance remained on the calendar for
second reading on September 18, 1990.
An Ordinance to approve a Planned Commercial Development (2- 4973 -A) at
3021 Cantrell Road was placed on the August 29, 1990, tentative
agenda. Since a billboard is located on the property, the Ordinance
was deferred and did not appear on the September 4, 1990, official
agenda. Mr. Patrick J. Morrison, Agent for Red River Marine,
presented letters from Donrey Outdoor Advertising Company,
Consolidated Leasing, Inc., City Attorney Mark Stodola, and Morrison
Wright Real Estate, regarding the billboard issue, and requested the
Board to consider the Ordinance at this time. Mr. Stodola advised
that the decision should be based on the zoning issue and not the sign
issue. Some Board Members were uncomfortable with acting upon receipt
of the letters and needed more time to study and review them. The
Board Members then agreed to consider the proposed Planned Commercial
Development at the reconvened meeting on Wednesday, September 12,
1990, at 1:30 P. M.
There being no further business to be presented, Mayor Villines
declared the meeting recessed at 8:20 o'clock P. M., with the Board of
Directors to reconvene at 1:30 P. M., Wednesday, September 12, 1990,
to consider the proposed Ordinance approving the Planned Commercial
Development at 3021 Cantrell Road, and to hold a public hearing and
consider an Ordinance authorizing the issuance of Industrial
Development Revenue Bonds for Arkansas Modification Center, Inc.
,
ATTEST: l%�jy� ��LC�W APPROVED:
City Clerk Jane Czech Mayor Floyd G. Villines, III
* * * * * * * * * * * *
PIN
4163
Board of Directors Chamber
Little Rock, Arkansas
September 12, 1990 - 1:30 P. M.
The Board of Directors of the City of Little Rock, Arkansas,
reconvened from the September 4, 1990, regular Board Meeting with
Mayor Floyd G. Villines presiding. Jane Czech, City Clerk called the
roll with the following Directors present: Directors Priest,
Benafield, Hollingsworth, Shackelford and Dailey - total 5; Absent -
Director Bussey - total 1.
With a quorum present, Mayor Villines dec
Directors in session to hold a public hearing and
Ordinance authorizing the issuance of Industrial
Bonds for Arkansas Modification Center, Inc.,
proposed Ordinance approving a Planned Commercial
Cantrell Road.
lared the Board of
consider a proposed
Development Revenue
and to consider a
Development at 3021
' To begin the meeting, Mayor Villines declared the public hearing
open to consider a proposed Ordinance to authorize the issuance of
Industrial Development Revenue Bonds for the purpose of securing and
developing industry for Arkansas Modification Center, Inc., and to
ratify and affirm Ordinance No. 15,930 passed September 41 1990. No
one appeared to oppose the proposal and the proposed Ordinance was
presented, entitled:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BONDS UNDER ARKANSAS CODE ANNOTATED SECTIONS 14- 164 -201 TO 224
(1987) FOR THE PURPOSE OF SECURING AND DEVELOPING INDUSTRY (THE
PARTICULAR INDUSTRIAL PROJECT IS DESCRIBED IN THE ORDINANCE);
RATIFYING AND AFFIRMING ORDINANCE NO. 15,930, ADOPTED SEPTEMBER 41
1990, WHICH AUTHORIZED THE EXECUTION AND DELIVERY OF A BOND PURCHASE
AGREEMENT PROVIDING FOR THE SALE OF THE BONDS, THE EXECUTION AND
DELIVERY OF A TRUST INDENTURE SECURING THE BONDS, A LEASE AGREEMENT
BETWEEN THE CITY AND THE LITTLE ROCK MUNICIPAL AIRPORT COMMISSION AS
LESSOR AND ARKANSAS MODIFICATION CENTER, INC. AS LESSEE, AND THE
EXECUTION AND DELIVERY OF THE LEASE AGREEMENT; PRESCRIBING MATTERS
RELATING THERETO; AND DECLARING AN EMERGENCY;
and there was a first reading of the Ordinance. Mayor Villines
announced that some of the paper work had not been completed and the
proposed Ordinance would remain on the calendar for second reading on
Tuesday, September 18, 1990.
A proposed Ordinance had been placed on the Agenda to reclassify
' property located in the City of Little Rock, Arkansas, amending
Section 36 of the Code of Ordinances of the City of Little Rock,
described as a parcel located on Mabelvale West Road (Z- 3751 -A), from
"1 -2" Light Industrial District to "0-3" Office, "C -3" General
Commercial and "OS" Open Space Districts. The proposed Ordinance was
considered by the Board of Directors on August 21, 1990, and received
a 3 -3 vote with Director Dailey absent. Board Policy allows an absent
Director to request reconsideration of an issue when there is a 3 -3
vote. Therefore, Director Dailey requested that the matter be
reconsidered. With only six Board Members again present, Director
Dailey requested that the proposed Ordinance be further deferred until
Tuesday, September 18, 1990. Mr. Jim Lawson, Director of the
Neighborhood Revitalization & Planning Department, presented maps and
reviewed various zoning classifications in the surrounding area and
answered questions from Board Members. The proposed Ordinance will be
placed on the September 18, 1990, Official Agenda.
Before the presentation of an Ordinance to approve a Planned
Commercial Development at 3021 Cantrell Road (Z- 4973 -A), a discussion
was held regarding a billboard that is presently located on the
property. The application for rezoning from "C -3" General Commercial
to "C -4" Open Dislay District was filed by Patrick J. Morrison, Agent
for Red River Marine, with the property vested in Consolidated
Leasing, Inc. On August 14, 1990, the application was approved by the
Planning Commission when amended to a "Planned Commercial
Development." City Attorney Mark Stodola provided the Board Members
with copies of letters from Donrey Outdoor Advertising Company to Mr.
Harvey Bell, President of Consolidated Leasing, Inc., and from Mr.
Bell to Donrey Advertising, and a copy of his letter to Mr. Bell dated
464
September 12, 1990, Cont'd.
September 4, 1990. (A copy of these letters were filed with the City
Clerk to become a part of the records.) Mayor Villines explained to
Mr. Bell that Board approval of the Planned Unit Development, may only
recognize the use of Red River Marine; adding, "you have indicated by
letters from you and from the company that is using part of the site
as a billboard, that it will come down March 1st." Mr. Bell
responded, "that is my understanding from Donrey as set forth in their
letter." Mayor Villines commented, "Mr. Stodola, correct me if I'm
wrong, my understanding is that if by March 1st, that does not occur,
then the property would be in violation of the Planned Unit
Development - the law - the Ordinance that we pass. At that point,
our action would be against the property owner, and I would - assume
your course of action would be to cause them to also take it down by
legal action." Mr. Bell said, "I have no research of that issue by
the law, but it is my intent on behalf of the company, to take efforts
to see that the sign comes down. I can't control another party - if
they choose to go into litigation and not take it down as they have
represented to you, then both of us have a cause of action because
they have made a representation to the City and they have made a
representation to us that the sign will come down." Mayor Villines
said, "we have the same understanding, at least for my part." Upon
question about the understanding by Director Benafield, Mr. Stodola
advised, "the understanding is that under the PUD process, and I
stress that this is separate and apart from any other ordinances of
the City, that may or may not, have any bearing on this issue, is that
you have the authority from a land use standpoint, to deal with this
change in zoning classification from 'C -3' to SPUD' for the specific
use that encompasses the property. Now the property that is
encompassed has, as you understand it, an ancillary use on it and if
you grant the PCD with conditions attached which perhaps would be that
the sign would come down on or before March 1, 1991, and for some
reason that does not come to pass under your granting of the PCD, then
it would be proper for City Staff then to enforce the Ordinance which
would mean some sort of enforcement action for violation of that
zoning Ordinance. We would have a couple of enforcement avenues; one
would be to use the citation process against either the owner or the
lessee of the property, depending on the issue of control or
alternatively to enter into litigation as it relates to that. I think
what you are suggesting to Mr. Bell is that if you grant a PCD that
has conditions attached, if for some reason those conditions are not
performed, then there will be an enforcement action for violation of
the zoning ordinance." The discussion continued with Director
Hollingsworth saying, "isn't the posture really though that Mr. Bell
feels like there is not a lease, but Donrey feels like there is a
lease, but at the most, it goes to March, 1991, and this property
owner is telling us it ought to be part of the record that he don't
feel like there is a lease, but Donrey feels like there is and it will
be down March, 1991, anyway. And, that's part of the conditions on it
because the landowner is saying that from his prospective, he's not
asking to have a billboard as part of a PCD." City Attorney Mark ,
Stodola responded, "Director Hollingsworth I cannot substitute my
understanding of Donrey's letter - it says two things. It says it is
their intention to remove it and it also goes through a litany of
discussion that suggests the City's actions are totally illegal. I
don't know what that means as it relates to March, 1991. I know that
it means that if you grant the PCD, you will do it upon certain
conditions being met in a unilateral way - you are doing it based on
zoning concept and not on a concept of an outdoor scenic corridor
ordinance. My point is that under a PCD analysis, a zoning analysis,
you can determine what are proper uses for the land and we know right
now, that there are two uses of that land, one being for some sort of
proposed boat sales, and also an ancillary use for outdoor
advertising, and you can determine legislatively on what you feel to
be the proper use, if only one use perhaps, of that land under a PCD
analysis. If that's your decision and for some reason, at some point
in the future, your decision is violated, all I wanted to make sure
and understand is that the City is put'in the posture of then having
to enforce the proper application and the proper passage of that
Ordinance." Mr. Bell said, "the practical application I think you
have to observe, I cannot from a business standpoint, imagine Donrey
wanting to cost themselves tens of thousands if not a couple hundred
thousand dollars in damages, over this sign - it doesn't make sence,
while I admit that there is a possibility, and while all these things
from a judgment standpoint of lawsuits are there, from a business
judgment standpoint, it does not make sence." Director Hollingsworth
said, "that's why I wanted the situation to be clear because it seems '
to me if the landowners sign is part of the PUD, he doesn't understand
that there's any lease on there and he has no objection to the zoning
use that we want, then I think it's really between the landowner and
September '12, '1990, Cont'd.
Donrey. I think we can zone the use with a PUD and our concerns are
with what the landowner says. I think if we do that, they can work
things out later on. I think our intent would be clear just from a
zoning standpoint and that we understand in doing it that the
landowner is representing to us in his judgment, they don't have a
lease right now." For the record, Mayor Villines said, "it is our
opinion under the PCD process, we do have jurisdiction over the use of
land beyond any other ordinance or policy, relating to any other issue
before the community, that we can in fact, determine by our findings
that a singular use in the PCD process is an appropriate finding and
falls within the policy ability of this City." Upon question by
Board Members, Mr. Stodola advised the Ordinance was not written with
conditions and since it had not been read, Mayor Villines announced
there would be a ten minute recess to consider redrafting Section 2 of
the proposed Ordinance.
When the Board of Directors reconvened at 2:20 o'clock P. M.,
Mayor Villines continued to preside and Directors Priest, Benafield,
Hollingsworth, Shackelford and Dailey were present.
When the discussion continued, Mayor Villines advised that Section 2
of the proposed Ordinance had been redrafted as follows: "That the
prelininary site development plan /plat, as recommended by the Little
Rock Planning Commission, be amended to eliminate all other uses of
the property other than Red River Marine on or before March 11 1991.
All documents attendant thereto will reflect Red River Marines'
singular use of the property." Following the discussion, Ordinance
No. 15,932 was presented entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED RED RIVER MARINE SHORT -FORM PCD (Z-
4973-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- 4973 -A - Property located at 3021 Cantrell Road, described as Lot
6, Cook - Alworth Subdivision in the City of Little Rock, from "C -3"
General Commercial District to "PCD. ")
and the Ordinance was read the first time. There was a motion by
Director Benafield, seconded by Director Shackelford, to suspend the
rules and place the Ordinance on second reading. 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 second reading of the Ordinance followed, with
a motion again being made by Director Benafield, seconded by Director
Shackelford, to further suspend the rules and place the Ordinance on
third and final reading. With the motion having been 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, the Ordinance was read the third and last time. The
question, Shall the Ordinance Pass, was submitted to any Aye and No
Vote, which received the following response: Ayes - Directors Priest,
Benafield, Hollingsworth, Shackelford, Dailey and Mayor Villines -
total 6; Noes - None; Absent - Director Bussey - total 1.
Therefore, it was announced that the Ordinance had PASSED.
Mayor Villines was excused and Vice Mayor Priest presided at the
remainder of the meeting.
The last matter to be presented was an appeal by Mr. Tom
Robinson, Capital Cab Company, for a taxicab fare increase. He stated
there had not been a fare increase since 1983, and cited the rise in
gasoline prices as the immediate need for increased fares. In the
discussion, Director Shackelford made a motion, seconded by Director
Dailey, that the Staff review the matter and provide a recommendation
for an emergency remedy at next Tuesday's Board Meeting, and that the
City Manager meet with the taxicab owners and obtain financial
information for review. The Motion was unanimously adopted by the
Board Members present.
465
i
September 12, 1990, Cont`d.
There being no further business to be presented, Vice Mayor
Priest declared the meeting adjourned at 3:00 o'clock P. M., with the
Board of Directors to convene in regular session on Tuesday, September
18, 1990, at 6:00 o'clock P. M.
ATTEST: (� APPROVED:
City Clerk Jatte Czech Mayor Floyd Villines, III
467
Ir
Board of Directors Chamber
Little Rock, Arkansas
September 18, 1990 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth and Dailey - total 4;
Absent - Directors Hussey and Shackelford - total 2.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Mayor Villines.
The first matter to be considered was the Consent Agenda,
consisting of the following items:
(a) The reading of the minutes of the previous meeting held
September 4, 1990, and the reconvened meeting held September 12, 1990.
(b) Resolution No. 8,354, entitled:
A RESOLUTION RATIFYING THE REAPPOINTMENT OF ROBERT
MARSHALL AS THE BUSINESS MEMBER OF THE CITY OF LITTLE ROCK, ARKANSAS,
EMERGENCY MEDICAL HEALTH CARE FACILITIES BOARD. (Ambulance Authority
- for a five year term.)
(c) Resolution No. 8,355, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH L. R. MOURNING COMPANY TO CONSTRUCT SIDEWALKS IN THE
HILLCREST AREA, A 1988 CAPITAL IMPROVEMENT BOND PROJECT. (Not to
exceed $249,000 - contract amount $226,356.13 plus contingency.)
(d) Resolution No. 8,356, described as:
A RESOLUTION ALLOCATING 1988 CAPITAL IMPROVEMENT BOND
FUNDS TO THE CHICOT ROAD, PRESTON TO MILFORD PROJECT; AND AUTHORIZING
THE CITY MANAGER TO ENTER INTO A CONTRACT WITH TANKERSLEY CONSTRUCTION
COMPANY FOR CONSTRUCTION OF THE CHICOT ROAD, PRESTON TO MILFORD
PROJECT. (Not to exceed $715,000 - contract amount $649,803.71 plus
contingency.)
(e) Resolution allocating $597,000 of the 1988 Capital
Improvement Bond Funds for the Mabelvale Railroad Crossing Project
'
removed from Consent Agenda and considered separately.
(f) Resolution No. 8,357, containing the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR PRINTING THE 1991 CITY CALENDAR.
(Contract to Democrat Printing & Litho Company not to exceed $28,700.)
(g) Resolution No. 8,358, entitled:
A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION
TO VACATE A PUBLIC UTILITY EASEMENT BETWEEN LOTS 209 AND 210 OF
KENSINGTON PLACE SUBDIVISION OF THE CITY OF LITTLE ROCK, ARKANSAS.
(Public Hearing to be October 2, 1990.)
(h) Resolution No. 8,359, with the title being:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF EVERETT SHELTON
INDUSTRIES, INC. TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE
PROGRAM. (Located at 4300 West 65th Street.)
(i) Resolution No. 8,360, described as:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF ESI COSTUME
JEWELRY AND DECO ARTS, INC. TO PARTICIPATE IN THE ARKANSAS ENTERPRISE
ZONE PROGRAM. (Located at 4300 West 65th Street.)
September 18, 1990, Cont'd.
(j) Resolution No. 81361, containing the following caption:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF ESI
MANUFACTURING, INC. TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE
PROGRAM. (Located at 4300 West 65th Street.)
(k) Resolution No. 81362, entitled:
A RESOLUTION AUTHORIZING THE EXTENSION OF AN EIGHT INCH
WATER MAIN FROM SANDERS STREET TO A FIVE ACRE TRACT LOCATED WITHIN THE
COLLEGE STATION COMMUNITY. (Subject to the College Station
Progressive League executing a pre- annexation agreement with the City
of Little Rock.)
By a motion from Director Benafield, seconded by Director Dailey,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held September 4, 1990, and the reconvened meeting
held September 12, 1990, were approved as written and summarized to
the members of the Board of Directors; (b, c & d) Resolutions No.
8,354, 8,355 and 8,356, were read in full and unanimously adopted by
the Board Members present; (e) was removed from the Consent Agenda
and considered separately; (f, g, h, i, j & k) Resolutions No. 8,357,
'
8,358, 8,359, 8,360, 8,361 and 8,362, were read in full and
unanimously adopted by the Board Members present.
At this point in the meeting, Vice Mayor Sharon Priest presented
a certificate of appreciation to Mr. Bill Padgett for his courageous
rescue of a family of four persons, two of which were children, from
their Southwest Little Rock burning apartment. Mayor Villines also
recognized Mr. Padgett for his heroic deed in risking his own life to
save the lives of others.
Director Shackelford was enrolled.
No one was present to speak at the time allotted for Citizen
Communications.
Relative to Item (e) appearing on the Consent Agenda, the City
Clerk was requested to read the proposed Resolution entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE 1988
CAPITAL IMPROVEMENT BOND FUNDS FOR THE MABELVALE RAILROAD CROSSING
PROJECT; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH JOYNER -FORD & BURKE FOR CONSTRUCTION OF THE MABELVALE RAILROAD
CROSSING PROJECT;
After the Resolution was read, Ms. Kathy Wood, 116 South Main Street,
Mabelvale, told the Board she was really present to ask questions.
She said in 1988, a group of Mabelvale residents came before the Board
'
with a couple of proposals and presented their disagreements. When
they left the meeting she stated they left with the understanding the
matter was tabled and they would be notified in the event it surfaced
again. Ms. wood said they were not notified and they still feel "you
are not going to solve the problem." City Manager Tom Dalton recalled
there was an alternate route to the one discussed a few years back
where we crossed the tracks at an angle to avoid the "T" intersection
where that small shopping center is and it was discussed and viewed
for financial comparisons. He advised one of the discussions took
place at a neighborhood gathering among merchants and property owners,
but did not recall any commitment to go back to do anything; adding,
"we just simply developed this as the best of the two alternatives and
this continues to be the project that was approved in the initial
issue." He further commented the Original Plan is what prevailed, and
is the best of the two alternatives according to the engineers.
Director Dailey questioned Ms. Wood on how she would want the railroad
crossing improved. She replied that she would leave it like it is.
Upon question by Director Benafield, Mr. Dalton advised the project
was voted on in total with some other projects. He said he didn't
think there was anyone who would take the position that we shouldn't
make improvements out there because of the safety problems. Mr.
Dalton told the Board he would have someone contact Ms. Wood and go
over the project details with her. Also, he advised that no
information has come forward that this is a bad project. There was
discussion regarding whether the matter was tabled in 1988, after Ms.
Wood stated a Director and the City Clerk's Office had advised her
that it was tabled. A motion was made by Director Benafield, seconded
'
11
u
September 18, 1990, Cont'd.
by Director Hollingsworth, to adopt the Resolution. Discussion
followed with Director Shackelford saying, "I have some problems if we
left the impression it was tabled. If we tabled the issue, then we
don't have a responsibility." Following further discussion, the
motion and second was withdrawn and the proposed Resolution was
deferred, with the Board of Directors to reconsider it on Wednesday,
September 26, 1990 at 1:30 o'clock P. M., in a reconvened meeting.
A public hearing had been scheduled by Resolution No. 8,349, and
notice thereof duly published on September 10, 1990 and September 17,
1990, on the request from Mr. James I. Lasley, et al, to vacate and
close the portion of Kanis Road remaining after the new alignment of
Chenal Parkway in the City of Little Rock, which was approved by the
Planning Commission. Attached to the petition was a copy of White -
Daters & Associates Engineering Sketch of the portion of Kanis Road to
be closed, and a copy of a letter from Beach Abstract Company
certifying the names of the last owners of record to the abutting
property. Mayor Villines then declared the public hearing open and
with no opposition presented, he declared the public hearing closed,
and Ordinance No. 15,933 was presented, containing the following
caption:
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF KANIS ROAD
'
REMAINING AFTER THE NEW ALIGNMENT OF CHENAL PARKWAY IN THE CITY OF
LITTLE ROCK, ARKANSAS;
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. 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 second reading of the Ordinance followed, with a
motion being made by Director Dailey, seconded by Director Priest, to
further suspend the rules and place the Ordinance on third and final
reading. With the motion having been 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, the Ordinance
was read the third and last time. The question, Shall the Ordinance
Pass, was submitted to an Aye and No Vote, which received the
following response: Ayes - Mayor Villines, Directors Priest,
Benafield, Hollingsworth, Shackelford and Dailey - total 6; Noes -
None; Absent - Director Bussey - total 1. The Ordinance was then
declared PASSED.
A public hearing had been scheduled by Resolution No. 8,350, and
notice thereof duly published on September 10, 1990 and September 171
1990, on the petition filed by John Schlereth for Baird, Inc., to
vacate and close a public utility easement between Tracts K -1 and K -2
of Riverdale Addition to the City of Little Rock, as approved by the
Planning Commission. Attached to the petition was a certified copy of
'
the plat of Riverdale Addition on file in the Pulaski County Circuit
Clerk's Office, and a letter from Beach Abstract Company listing the
last owners of record to abutting property. Mayor Villines then
declared the public hearing open and with no one present who wished to
speak in opposition to the proposed closing, he declared the hearing
closed and Ordinance No. 15,934, was _presented containing the
following caption:
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT BETWEEN TRACTS K-
1 AND K -2 OF RIVERDALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
and said Ordinance was read the first time, followed by a motion from
Director Priest to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Dailey and adopted by
unanimous vote of the Board Members present, being six in number and
two - thirds or more of the members of the Board of Directors - elect, and
a second reading of the Ordinance followed. The rules were again
suspended and the Ordinance placed on third and final reading by a
motion made and seconded by Directors Dailey and Priest, respectively,
and unanimously adopted by the Board Members present, being six 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, there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the response being: Ayes - Mayor Villines,
Directors Priest, Benafield, Hollingsworth, Shackelford and Dailey -
total 6; Noes - None; Absent - Director Bussey - total 1.
Whereupon, the Ordinance was declared PASSED.
r
September 18, 1990','Cont'd.
i
Resolution No. 81352 adopted September 4, 1990, scheduled a
public hearing on the petition from Gregory Hopkins to vacate and
close a public utility easement between Lots 13 and 14, Sherrill
Heights Addition to the City of Little Rock. Notice of public hearing
was duly published on September 10, 1990 and September 17, 1990. The
proposal received the approval of the Planning Commission. Attached
to the petition was a certified copy of the plat of Sherrill Heights
Addition on file in the Pulaski County Circuit Clerk's Office, and a
letter from American Abstract & Title Company listing the last owners
of record to abutting property. The public hearing was then declared
open and with no one present who wished to speak in opposition to the
proposed closing, the public hearing was declared closed and Ordinance
No. 15,935 was presented, with the title being:
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT BETWEEN LOTS 13
AND 14 OF SHERRILL HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Dailey, to suspend the rules and
place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
'
followed by a subsequent motion made by Director Dailey and seconded
by Director Priest, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being six 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. The question, Shall
the Ordinance Pass, was submitted to any Aye and No Vote, which
received the following response: Ayes - Mayor Villines, Directors
Priest, Benafield, Hollingsworth, Shackelford and Dailey - total 6;
Noes - None; Absent - Director Hussey - total 1. The Ordinance was
then declared PASSED.
The next presentation was a proposed Ordinance, described as:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL .DEVELOPMENT
REVENUE BONDS UNDER ARKANSAS CODE ANNOTATED SECTIONS 14- 164 -201 TO 224
(1987) FOR THE PURPOSE OF SECURING AND DEVELOPING INDUSTRY (THE
PARTICULAR INDUSTRIAL PROJECT IS DESCRIBED IN THE ORDINANCE);
RATIFYING AND AFFIRMING ORDINANCE NO. 15,930, ADOPTED. SEPTEMBER 4,
1990, WHICH AUTHORIZED THE EXECUTION AND DELIVERY OF A BOND PURCHASE
AGREEMENT PROVIDING FOR THE SALE OF THE BONDS, THE EXECUTION AND
DELIVERY OF A TRUST INDENTURE SECURING THE BONDS, A LEASE AGREEMENT
BETWEEN THE CITY AND THE LITTLE ROCK MUNICIPAL AIRPORT COMMISSION AS
LESSOR AND ARKANSAS MODIFICATION CENTER, INC. AS LESSEE, AND THE
EXECUTION AND DELIVERY OF THE LEASE AGREEMENT; PRESCRIBING MATTERS
RELATING THERETO; AND DECLARING AN EMERGENCY;
,
(Public Hearing held September 12, 1990, and Ordinance was read first
time.)
i
and there was a second reading of the Ordinance. There was no motion
and second for suspension of the rules to allow for the third and
final reading; therefore, the proposed Ordinance remained on the
calendar for third and final reading at the reconvened meeting to be
held on Wednesday, September 26, 1990, at 1:30 o'clock P. M.
Introduced next was Zoning Application Z -5353, filed by Dan and
Hardene Colclasure. The application requested the reclassification of
0.33 acres located at 5804 Baseline Road (long legal description),
from "R -2" Single - family District to "R -7A" Manufactured Home
District. The Planning Commission approved the zoning change on
August 28, 1990. No one opposed the reclassification and Ordinance
No. 15,936 was presented, containing the following caption:
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 -5353 - To rezone 5804 Baseline Road, from "R -2° Single- family to
'R -7A' Manufactured Home District.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Dailey, which was unanimously
it
I
4'7Y
September 18, 1990, Cont'd.
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. Upon second reading of the Ordinance, there was a
subsequent motion again made by Director Priest that the rules be
further suspended and the Ordinance be placed on third and final
reading. Director Dailey seconded the motion which was adopted by
unanimous vote of the 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 ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Mayor Villines, Directors
Priest, Benafield, Hollingsworth, Shackelford and Dailey - total 6;
Noes - None; Absent - Director Bussey - total 1. Mayor Villines then
announced that the Ordinance had PASSED.
Zoning Application Z- 3751 -A was the next presentation. It was
presented by Mr. Ralph Bozeman for Kanis /Otter Creek Properties
Limited Partnership, to rezone 31.61 acres located on Mabelvale West
Road (long legal description), from "I -2" Light Industrial District to
"0-3" Office, "C -3" General Commercial and "OS" Open Space Districts.
The Planning Commission approved the amended application to "0-3 ", "C-
3" and "OS" on July 17, 1990. The proposed Ordinance was then
' presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 3751 -A - To rezone 31.61 acres located on Mabelvale West Road, from
"I -1' Light Industrial District to "O -30 Office, "C -3' General
Commercial and 'OS' Open Space Districts.)
and the proposed Ordinance was read the first time. (See Minutes of
8- 21 -90, 9 -4 -90 and 9- 12 -90.) A motion was made by Director Dailey,
seconded by Director Benafield, to suspend the rules and place the
Ordinance on second reading, which was unanimously adopted by the
Board members present, being six in number and two - thirds or more of
the members of the Board of Directors - elect. The proposed Ordinance
was then read the second time. A lengthy discussion followed in which
Director Hollingsworth commented that he wished this was a Planned
Commercial Development proposal. He further stated he could not
support this zoning as presented, but could support it with
conditions. Director Priest stated her position is still the same and
that she simply is not comfortable with it. Director Dailey expressed
appreciation to the Board for bringing it back up, and said he feels
it is time to deal with it. Mr. Ralph Bozeman, the applicant, made a
lengthy presentation in which he displayed maps and explained land use
in the surrounding area. He felt justified in requesting the zoning
change. The discussion continued with Mr. Jim Lawson, Director of the
Neighborhood Revitalization & Planning Department, answering questions
from Board Members regarding the proposal and also, the proposed South
Loop By -Pass construction. Director Dailey said he could not
understand the real objections on the project as presented. After
continued discussion, Mayor Villines ruled that the Ordinance would
remain on the calendar for the third and final reading at the regular
meeting on Tuesday, October 2, 1990, at 6:00 o'clock P. M.
Ordinance No. 15,937 was next presented, with the title being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED MORGAN SHORT -FORM PCD (Z -5341) 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 -5341 - Located at the northwest corner of Highway 10 and Morgan
Cemetery Road, for a branch bank.)
and the Ordinance was read the second time, having been read the first
time on September 4, 1990. A motion was made by Director Benafield,
seconded by Director Dailey, to suspend the rules and place the
Ordinance on third and final reading, which was unanimously adopted by
the Board Members present. The Ordinance was read the last time and a
lengthy discussion was held with Mr. Patrick M. McGetrick, engineer
for the project, being the first speaker. He advised that he had
followed all the requirements of the Highway 10 Overlay Ordinance and
came in with a PCD which ties down the use of the property. In making
his presentation he said
we followed all
requirements
of
the City
in
'
right -of -way dedications,
street widening,
and agreed
to
abide by
the
September 18, '1990','Cont'd.
Detention Ordinance which we are not required to do. We feel like we
have tried to buffer the surrounding residential areas and have done
the best we can. Upon question by Director Dailey regarding drainage,
Mr. McGetrick said, "we cannot correct the problem with the existing
areas." Mr. Brent Tyrrell represented the neighborhood which includes
the Lessenberrys, Lovetts and Cunninghams, in strongly opposing the
project. He commented this proposal was sent by the Planning
Commission to the Board of Directors for the Board's decision. He
felt the project lacks credibility other than sale of the property;
adding, "if commercial or office is allowed, our residential property
is going to depreciate." In closing, he cited the project as spot
zoning. Director Dailey questioned Mr. Jim Lawson, Director of the
Neighborhood Revitalization & Planning Department, who advised that
the Stone's Market area was brought in as a PCD in order to have what
is there right now. Director Priest asked Mr. Tyrrell if he was aware
that if a subdivision or federal homes were built on the seven acres
that the Detention Ordinance would not apply. He responded that he
was aware of the fact, but did not believe it would do what raising it
up with a hard surface would do relative to drainage. Mayor Villines
said, "my problem is this - we have worked so hard and talked so long
about the scenic corridor and we go way out to the very extreme of our
zoning powers and without looking at what we are going to do, zone
land which might impact the whole area." Director Shackelford '
commented that "we keep trying to deal with the scenic corridor on a
case by case issue - my belief is that in the 1990's, you won't have
people clamoring to build by a school." In making his point, Director
Dailey said it would be difficult for him to vote against the
proposal, but asked that the 50 ft, buffer be retained as a natural
buffer. Mr. Lawson advised it was included in the Ordinance.
Director Hollingsworth felt the project was not appropriate and could
not support it. Director Benafield voiced his opinion of the PCD
process by saying, "you get very good, quality development."
Following the discussion, the roll call vote received the following
response: Ayes - Directors Priest, Benafield, Shackelford and Dailey
- total 4; Noes - Mayor Villines and Director Hollingsworth - total
2; Absent - Director Bussey - total 1. Whereupon, the Ordinance was
declared PASSED.
The matter of a temporary taxicab fare increase was brought
before the Board although it did not appear on the Official Agenda.
Mr. Nathaniel Hill, Director of Human and General Services, presented
an Ordinance to provide an emergency gasoline surcharge for taxicab
trips. He explained the proposal was for a $0.25 per trip surcharge
for a sixty day period, or until the Board approves a permanent fare
increase, whichever comes first. Be said the City Staff hoped to have
the permanent fare increase back to the Board sooner than sixty days.
Director Benafield expressed strong objections saying, "we are dealing
in ridiculous areas - we don't know what crude oil is going to the
next day or even week - the City shouldn't take emergency action based
on fluctuations in gasoline prices." He said what is needed is a '
reasonable rate increase. Director Shackelford said the Ordinance
will benefit the drivers and not the companies. Upon question by
Director Hollingsworth, City Manager Tom Dalton advised that he
recommends the surcharge. He told the Board the Staff will review the
financial statements of Capitol Cab and Black and White Cab Company
before recommending a permanent fare increase. Following the
discussion, Ordinance No. 15,938 was presented, described as:
AN ORDINANCE TO PROVIDE FOR A $0.25 PER TRIP TAXICAB FARE
GASOLINE SURCHARGE FOR SIXTY (60) DAYS OR UNTIL A TAXICAB FARE RATE
INCREASE IS APPROVED BY THE BOARD OF DIRECTORS;
and said Ordinance was read the first time, followed by a motion from
Director Shackelford to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Dailey and
adopted by unanimous vote of the Board Members present, being six in
number and two- thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance followed. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Dailey and
Hollingsworth, respectively, and unanimously adopted by the Board
Members present, being six 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, there was an Aye and No Vote taken on
passage of the Ordinance, with the results recorded as follows: Ayes
- Mayor Villines, Directors Priest, Hollingsworth, Shackelford and
Dailey - total 5; Noes - Director Benafield - total 1; Absent -
Director Bussey - total 1. The Ordinance was then declared PASSED.
G
�1
I
September 18, 1990, Cont +d.
There being no further business to be presented, Mayor villines
declared the meeting recessed at 8:40 o'clock P. M. with the Board of
Directors to reconvene on Wednesday, September 26, 1990, at 1:30
o'clock P. M., to consider a Resolution authorizing the allocation of
Capital improvement Bond Funds for the Mabelvale Railroad Crossing,
and an Ordinance authorizing the issuance of industrial Development
Revenue Bonds for Arkansas Modification Center, Inc.
ATTEST: d&V— 4"-Ij
City/ Clerk Jane Czech
APPROVED •
Mayor Floyd G. Villines, III
:x73
474
r
Board of Directors Chamber
Little Rock, Arkansas
September 26, 1990 - 1:30 P. M.
The Board of Directors reconvened from the regular September 18,
1990, Board Meeting with Mayor Villines presiding. Directors Priest,
Hollingsworth and Dailey answered roll call by City Clerk Jane Czech.
Directors Benafield, Bussey and Shackelford were absent.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The first matter to be considered was Resolution No. 8,363,
entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE 1988
CAPITAL IMPROVEMENT BOND FUNDS FOR THE MABELVALE RAILROAD CROSSING
PROJECT; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH JOYNER -FORD & BURKE FOR CONSTRUCTION OF THE MABELVALE RAILROAD
CROSSING PROJECT;
and the Resolution was read in its entirety again (see September 18,
1990 Minutes) . Ms. Kathy Wood, 116 South Main Street, Mabelvale,
spoke in opposition to the Resolution. Ms. Wood said her elderly
mother who lives on Main Street now can walk across the two lane
street, but wouldn't be able to if the City widens the street to four
or five lanes. City Manager Tom Dalton gave a history of the
proposals presented to the Board in March, 1988. He explained there
was a proposed Ordinance to amend the Master Street Plan, including
the South Loop, that was tabled until Staff could explore the costs
and other alternatives. On April 13, 1988, at the Agenda Session,
Staff made a presentation to discuss some of the proposed
alternatives. Mr. Dalton said, "at the May 19, 1988 Agenda Meeting,
we defined those alternatives and gave you a cost breakdown analysis.
At that meeting the Board took a straw vote with four Board Members
favoring the Staff recommendation, two were opposed and one was
undecided. Based on those comments, Staff then went ahead with the
engineering design as it relates to the alternative recommended by
Staff. In July, 1989, we submitted a Resolution which awarded the
engineering contract to AMI. That contract was completed and now we
have gone out for bids, and the Resolution before you would award a
contract for construction." He further stated that his recommendation
to the Board continues to be that we make these improvements. Upon
question by Director Hollingsworth, Assistant City Manager Charles
Nickerson said Alternative No. 1 is the preferable alternative.
Director Dailey commented that he feels he will have to stay with the
Staff recommendation (Alternative No. 1). There was no further
discussion and a motion followed from Director Dailey, seconded by
Director Priest, that the Resolution be adopted. The motion was
unanimously adopted by the Board Members present. The Resolution was
then declared ADOPTED.
A proposed Ordinance was placed on the Agenda for third and final
reading entitled: "AN ORDINANCE AUTHORIZING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER ARKANSAS CODE ANNOTATED
SECTIONS 14- 164 -201 TO 224 (1987) FOR THE PURPOSE OF SECURING AND
DEVELOPING INDUSTRY (THE PARTICULAR INDUSTRIAL PROJECT IS DESCRIBED IN
THE ORDINANCE); RATIFYING AND AFFIRMING ORDINANCE NO. 15,930, ADOPTED
SEPTEMBER 4, 1990, WHICH AUTHORIZED THE EXECUTION AND DELIVERY OF A
,,BOND PURCHASE AGREEMENT PROVIDING FOR THE SALE OF THE BONDS, THE
EXECUTION AND DELIVERY OF A TRUST INDENTURE SECURING THE BONDS, A
LEASE AGREEMENT BETWEEN THE CITY AND THE LITTLE ROCK MUNICIPAL AIRPORT
COMMISSION AS LESSOR AND ARKANSAS MODIFICATION CENTER, INC. AS LESSEE,
AND THE EXECUTION AND DELIVERY OF THE LEASE AGREEMENT; PRESCRIBING
MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY." The proposed
Ordinance was read the first time on September 12, 1990, and the
second reading occurred on September 18, 1990. Mayor Villines
announced that no action would be taken at this time and the proposed
Ordinance remained on the calendar for third and final reading at a
later date.
i
September 26, 1990, Cont'd.
To conclude the meeting, Director Hollingsworth asked City
Manager Tom Dalton to provide a report on the status of the City Golf
Courses. Mr. Dalton responded that he would present the report to
Board Members at the next Board Meeting.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 2:08 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, October 2,
1990, at 6:00 o'clock P. M.
1. ..
ATTEST: �A/YI.�. Ci APPROVED: 4� U�X4JIU
Cit((y// Clerk Jane Czech Mayor F1oyUJd G. Villines, III
L * * e _� +_
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476
Board of Directors Chamber
Little Rock, Arkansas
October 2, 1990 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Floyd G. Villines presiding. Assistant
City Clerk Robbie Hancock called the roll in the absence of City Clerk
Jane Czech, with the following Directors present: Directors Priest,
Benafield, Hollingsworth and Dailey - total 4; Absent - Directors
Bussey and Shackelford - total 2.
Mayor Villines declared a quorum to be present and the meeting
proceeded as follows.
The Invocation was given by Vice Mayor /Director Priest.
The first presentation was the Consent Agenda consisting of the
following items:
(a) The Minutes of the previous meeting held September 18, 1990, '
and the reconvened meeting held September 26, 1990.
(b) Resolution No. 8,364, entitled:
A RESOLUTION GRANTING A FRANCHISE TO THE UNIVERSITY OF
ARKANSAS FOR MEDICAL SCIENCES TO USE THE AIR SPACE ABOVE PART OF THE
RIGHT -OF -WAY OVER ELM STREET BETWEEN BARTON RESEARCH FACILITY AND THE
FUTURE BIO- MEDICAL RESEARCH CENTER.
(c) Resolution No. 8,365, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO CONTINUE A
SELF- INSURANCE PROGRAM FOR MOTOR VEHICLE LIABILITY ADMINISTERED BY THE
ARKANSAS MUNICIPAL LEAGUE FOR ONE YEAR COMMENCING OCTOBER 1, 1990.
(At a cost of $300 per vehicle which represents a 16.67% decrease over
previous year.)
(d) Resolution No. 8,366, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF A TEN -YARD TANDEM AXLE
DUMP TRUCK FOR THE DEPARTMENT OF HUMAN AND GENERAL SERVICES.
(Contract to Walt Bennett Ford not to exceed $42,523.22.)
(e) Resolution No. 8,367, containing the following caption: '
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH CONSTRUCTION MANAGEMENT & MAINTENANCE, INC. FOR THE
PURPOSE OF INSTALLING A TRAFFIC SIGNAL AT MARKHAM STREET AND EXECUTIVE
COURT. (Contract not to exceed $61,258.)
(f) Resolution No. 8,368, entitled:
A RESOLUTION SETTING THE DATE FOR PUBLIC HEARING ON
OCTOBER 16, 1990, TO CONSIDER INCREASING TAXICAB FARES. (At Official
Board Meeting beginning at 6:00 P. M.)
(g) Resolution No. 8,369, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF FOUR SANITATION TRUCKS
FOR THE DEPARTMENT OF HUMAN AND GENERAL SERVICES -FLEET SERVICES
DIVISION. (Contract to Bucy Equipment Company not to exceed
$275,684.)
By a motion from Director Dailey, seconded by Director Benafield,
! which was adopted by unanimous 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 September 18, 1990, and the
Reconvened Meeting held September 26, 1990, were approved as written
and summarized to members of the Board of Directors; (b, c, d, e, f
and g) Resolutions No. 8,364, 8,3651 8,366, 8,367, 8,368 and 8,369, '
were read in full and unanimously adopted by the Board Members
present.
October 2, 1990, Cont'd.
At this point in the meeting, Mayor Villines read a proclamation
proclaiming the week of October 7th through 13th as "Fire Prevention'
Week." Fire Chief Rubin Webb and Fire Marshall Don Forrester were
present to receive the proclamation. "
Directors Hussey and Shackelford were enrolled.
At the time allotted for Citizen Communications, State"
Representative Jim Lendall, 10625 Legion Hut Road, made a plea to the
Board of Directors to assist residents of - - the•` Rolling-' Pines
Subdivision to get City water. The residents, who live in
Representative Lendall's legislative district, get water from-the-'City",
of Shannon Hills. He pointed out that Rolling Pines was included in a
large area that was annexed in 1982 and upheld by the'Arkansas Supreme
Court in 1985. He further stated that areas-are `to• receive City"
services within three years upon annexation. In lengthy discussion,
Representative Lendall said the Shannon Hills water was of "dubious
quality" and complained that area residents had gotten the "run-
around" from Shannon Hills and Little Rock Water Officials. Mr. Jim
Harvey, Assistant Manager of the Little Rock Water Works, said his
department was prepared to provide the area Little Rock water, even
though the water system doesn't meet City standards. But, during
' negotiations, Shannon Hills Officials also demanded that Little Rock
pay Shannon Hills $80,000. Little Rock Officials considered that an
"outrageous price" for a substandard water system and rejected the
demand, Mr. Harvey said. Ms. Susan Whitson, 9810 Woodland Drive, and
Mr. Steve Crowson, 9701 Woodland Drive, also addressed-the'Board and_
asked for assistance. Regarding the $80,000 Shannon Hills wants
Little Rock to pay, City Attorney Mark Stodola suggested letting the
Courts decide the value of the substandard water system. At this
point, Director Shackelford commented that Citizens Communica'tion'time�
is not to resolve issues, but to make the Board aware of issues and
for the Board to request Staff Reports regarding those matters. To
conclude the discussion, Mayor Villines asked the Staff to review the
situation and provide a report on the findings to the Board of '
Directors,
The next presentation was Ordinance No. 15,939, with the title
being:
AN ORDINANCE TO AMEND THEo'MASTER STREET PLAN AND FOR 'OTH'ER
MATTERS; -' '
(Re: Mabelvale realignments; 2nd Street from Mabelvale Pike to
Mabelvale West, and Main Street from 2nd Street to Mabelvale Cutoff.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Hussey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
' adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Dailey and
Priest, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being seven'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. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Directors Priest, Benafield, Hollingsworth, Hussey,
Shackelford, Dailey and Mayor Villines - total 7; Noes - None;
Absent - None. The Ordinance was then declared PASSED.
Zoning Application Z -5349 filed by Joe T.•Hirscheider, to'rezone'"
8907 Kanis Road (long legal description), from "R -2" Single - family
District to "C -3" General Commercial District, was 'the next**
presentation. The Planning Commission approved the application on
September 11, 1990. No opposition to the rezoning-'was presented and
Ordinance No. 15,948 was considered, describ -ed- as:- • ' - -
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5349 - To rezone 8907 Kanis Road, from 'R -2" Single - family to 'C -3'
General Commercial District.)
47?
478
October 2, 1990, C(Dnt'd.
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second-_reading:.by) motion..,from.,j
Director Priest and seconded by Director Bussey,,which was unanimously
adopted by members of the Board of Directors present, being: seven n_i
number and two- thirds or more of the members of the Board of
Directors - elect. Upon second.reading, of;othe. Ordinance, ther�e.,•wa_s a
subsequent motion by Director Dailey that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Priest seconded the motion which was adopted by unanimous vote of the
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect. A
third and last reading of the Ordinance ensued, followed by an Aye and
No Vote taken on passage of the Ordinance, with the results recorded
as follows: Ayes - Directors Priest, Benafield, Hollingsworth,
Bussey, .Shackelford, ,Dailey. and.,,N1ay9r.,Villines - total 7; Noes -
None; Absent - None. Mayor Villines then announced that the
Ordinance had PASSED. ,
Consideration was then given to Zoning Application TZ -5358 filedzL
by Henry M. Rector for property vested in C. W. Jepson, to rezone 19
Distribution Drive, described as Lots 22 and 22A,!,;Triangle,_Properti-es,,:
Industrial District, from "R -2" Single - family to "I -2" Light
Industrial District, which was approved by the Planning Commissiono,)
September 11, 1990. No opposition was presented to the rezoning and
Ordinance No, 15,941 was considered, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE_
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;%.;
(Z -5358 - To rezone 19 Distribution Drive, from "R -2" Single-family-:to„
"I -2" Light Industrial District.)
with the Ordinance being read the first time ,• after which - there rwas_cAoo
motion by Director Priest for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Bussey, and unanimously adopted by members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect. A second reading of the
Ordinance followed, with a motion being made by Director Dailey and
seconded by Director Priest, to further suspend the rules and place
the Ordinance on third and final reading. With the motion having been
unanimously adopted by members of the Board of Directors present,
being seven in number and two.- thirds .or more of the members of the
Board of Directors - elect, the Ordinance was read the third and last
time. The resulting Aye and No Vote taken on passage of the Ordinance
is herein recorded as follows: Ayes - Directors Priest, Benafield,
Hollingsworth, Bussey, Shackelford, Dailey and Mayor_Villines total ._
7; Noes - None; Absent - None. Whereupon, the Ordinance was
declared PASSED, a1. j u o u
Ordinance No. 15,942 was
following caption:
AN ORDINANCE APPROVING
ESTABLISHING A PRD DISTRICT TIT]
CITY OF LITTLE ROCK, ARKANSAS,
ORDINANCES OF THE CITY OF LITTLE
introduced next and contained the
A PLANNED UNIT DEVELOPMENT AND
QED PARKWAY VILLAGE (Z- 3168 -A) ; IN,.THE,,.;
AMENDING CHAPTER 36 OF THE CODE OF
ROCK; AND FOR OTHER PURPOSES;, ,
(Z- 3168 -A - Applicant Joe D. White;; for property vested in Parkway .
Villager for a PRD located west from Chenal Parkway and, P,ride;LValley : r_
Road intersection; approved by Planning Commission August 28, 1998.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Bussey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second readingof,the Ordinance followed
by a subsequent motion made and seconded by Directors Dailey and
Priest, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The•motion received unanimous
adoption by the Board Members present, being seven ;int. number_ -and _two -.r)
thirds or more of the members of the Board of Directors - elect, and the
u
E
1
October 2, 1990, Cont'd.
third and last reading of the Ordinance ensued. The Aye and No Vote
taken on passage of the Ordinance received. the following..response:
Ayes - Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford, Dailey and Mayor Villines - total 7; Noes.- None;
Absent - None. The Ordinance was then declared PASSED.
Ordinance No. 15,943 was considered,,described ' as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A SHORT -FORM PCD DISTRICT TITLED PHILLIPS 66 (Z- 3294 -B)
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- 3294 -B - Applicant Jim Mitchell for property vested in Pleasant
Ridge Development Company, for a PCD located on the S/E Corner of
Highway No. 10 and Pleasant Ridge Drive, approved by the Planning
Commission August 28, 1990.)
and said Ordinance was read the first time.. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Hussey, which was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the..Board of
Directors - elect. Upon second reading of the Ordinance, there was a
subsequent motion by Director Dailey that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Priest seconded the motion which was adopted by unanimous vote of the
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
The Ordinance was read the third and last time and the-Aye and No Vote
taken on passage of the Ordinance is recorded as follows: Ayes -
Directors Priest, Benafield, Hollingsworth, Hussey, Shackelford,
Dailey and Mayor Villines total 7; Noes - None; Absent - .None.
Therefore, the Ordinance was declared PASSED.
Ordinance No. 15,944 was presented, containing the following
caption:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED UNION NATIONAL BANK (Z- 4388 -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- 4388 -A - Applicant J. Stephen Warnock for Union National Bank for a
PCD located at 14711 Cantrell Road.)-
and the Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the.second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Hussey, and unanimously adopted by members of the Board of
Directors present, being seven 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 Dailey,
seconded by Director Priest, 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 the members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect, and there was a third and.-last
reading of the Ordinance. The passage of the Ordinance was then
submitted to an Aye and_ No, Vote which resulted as follows:.... Ayes -
Directors Priest, Benafield, Hussey, Shackelford, Dailey and Mayor
Villines - total 6; Noes - None; Abstentions - Director
Hollingsworth - total 1; Absent - None. The Ordinance was then
declared PASSED.
Ordinance No. 15,945 was considered, with the title being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED WORTHEN BANK (Z -5350) 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 - Applicant David P. Henry - PCD located at the,S /E corner of
Highway No. 10 and Jerry Road, described as Lots 'l and 2, Hoggard's
Subdivision.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Bussey, to suspend the rules and
iy J
October 2, 1990, Contd.
1
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Dailey
and Priest, respectively, to further suspend the rules and place the
Ordinance on third and final. reading. The motion received unanimous
adoption by the Board Members present, being seven 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. The question, Shall
the Ordinance Pass, was submitted to an Aye and No Vote; which is
recorded -as follows: Ayes - Directors Priest, Benafield,
Hollingsworth, Bussey, Shackelford, Dailey and Mayor Villines - total
7; Noes - None; Absent - None. Whereupon, the Ordinance was
declared PASSED.
A public hearing had been scheduled by Resolution No. 8,358;'and
notice thereof duly published on September 21, 1990 and September 28,
1990, on the request by William and Emma J. Peyton,•to- vacate and
close a utility easement in Lots 209 and 210, Kensington Place
Addition to the City of Little Rock. Attached to the petition•'was a
certified copy of a partial plat of Kensington Place, and a letter
from Lenders Title Company certifying that the easement does not serve
any other lots. The proposal received the approval of the Planning
'
Commission. Mayor Villines then declared the public hearing open and
with no opposition presented, he declared the hearing closed, and
Ordinance No. 15,946 was presented, containing the following caption:
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT BETWEEN LOTS 209
AND 210 OF KENSINGTON PLACE SUBDIVISION OF THE CITY OF LITTLE ROCK,
ARKANSAS;
and *the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Bussey, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being, seven in
number and two - thirds or more of the members of the Board of
Directors- elect. A second reading of the Ordinance followed, with a
motion being made by Director Dailey, seconded by Director Priest, to
further suspend the rules and place the Ordinance on third and final
reading. With the motion having been unanimously adopted by members
of the Board of Directors present, being seven in number and two -
thirds or more of the members of the Board of Directors - elect, the
Ordinance was read the third and last time. Following the third-and
last reading of the Ordinance, there was an Aye and No Vote taken on
the question, Shall the Ordinance Pass, with the response being: Ayes
- Directors Priest, Benafield, Hollingsworth, Bussey, Shackelford,
Dailey and Mayor Villines - total 7; Noes - None; Absent -. "None.
Mayor Villines then announced that the Ordinance had PASSED.
Ordinance No. 15,947 was the next presentation; 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- 3751 -A - To rezone a parcel on Habelvale West Road, just east of
Mabelvale School, from "I -1 Light Industrial District to "0-3" Office,
"C -3" General Commercial and "OS" Open Space"Districts.)
and the Ordinance was read the third and last time, with the first and
second readings having occurred on September 18, 1990. .(NoteT
Ordinance was considered on 8 -21 -90 and failed by vote of 3 ayes, 3
noes, 1 absent. Board Policy allows reconsideration of an Ordinance
upon request of absent Director in the case of a 3 -3 vote. Due to
only 6 members present and a possible 3 -3 vote, a motion was made on
September 4, 1990, and adopted, to table the matter until reconvened
meeting on 9- 12 -90. On 9 -12 -90 Ordinance was again deferred until 9-
18-90. On 9 -18 -90 there was a lengthy discussion with the first and
second readings following, and the Ordinance remained on the calendar
for third and final reading on October 2, 1990.) A roll call vote was
then taken with the results recorded as follows: Ayes'.- Directors
Benafield, Bussey, Shackelford and Dailey —total 4; Noes - Directors
Priest, Hollingsworth and Mayor Villines - total 3; Absent - - -None':
Whereupon, the Ordinance was declared PASSED.
I
,
October 2, 1990, Cont'd.
A proposed Ordinance was placed on the Agenda for third and final
reading entitled: "AN ORDINANCE AUTHORIZING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER ARKANSAS CODE ANNOTATED
SECTIONS 14- 164 -201 to 224 (1987) FOR THE PURPOSE OF SECURING AND
DEVELOPING INDUSTRY (THE PARTICULAR INDUSTRIAL PROJECT IS DESCRIBED IN
THE ORDINANCE); RATIFYING AND AFFIRMING ORDINANCE NO. 15,930, ADOPTED
SEPTEMBER 4, 1990, WHICH AUTHORIZED THE EXECUTION AND DELIVERY OF A
BOND PURCHASE AGREEMENT PROVIDING FOR THE SALE OF THE BONDS, THE
EXECUTION AND DELIVERY OF A TRUST INDENTURE SECURING THE BONDS, A
LEASE AGREEMENT BETWEEN THE CITY AND THE LITTLE ROCK MUNICIPAL AIRPORT
COMMISSION AS LESSOR AND ARKANSAS MODIFICATION CENTER, INC. AS LESSEE,
AND THE EXECUTION AND DELIVERY OF THE LEASE AGREEMENT; PRESCRIBING
MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY." The proposed
Ordinance was read the first time on September 12, 1990, and the
second reading occurred on September 18, 1990. Mayor Villines
announced that no action would be taken at this time and the proposed
Ordinance remained on the calendar for third and final reading at a
later date.
To conclude the meeting, Director Hollingsworth acknowledged and
expressed appreciation for the report on the Municipal Golf Courses
provided by Mr. Charles Nickerson, Assistant City Manager.' He also
requested a report on the arrangement with the Golf Professionals.
Regarding the appointment of an Advisory Committee, Director Dailey
commented that he felt it would be a good idea. He asked the Staff
for a report on the incident at Murray Park that resulted in one
person being killed. Director Dailey mentioned the possibility of
that incident being related to the Kanis Park problem at the skate
board ramp. There was no further discussion.
There being no further 'business to be presented, Mayor Villines
declared the meeting recessed at 7:15 o'clock P. M., with the Board of
Directors to reconvene at 1:30 P. M., Wednesday, October 10, 1990, to
consider the proposed Ordinance on third reading to authorize issuance
of Industrial Development Revenue Bonds for Arkansas Modification
Center, Inc., and a Resolution authorizing the guarantee of a line of
credit for Central Arkansas Transit Authority.
ATTEST: (// APPROVED:
City Clerk Jane Czech Mayor Floyd Villines, III
481
442
I
Board of Directors Chamber
Little Rock, Arkansas
October 10, 1990 - 1 :30 P. M.
The Board of Directors of the City of Little Rock, Arkansas,
reconvened from the October 2, 1990, regular Board,Meeting with Mayor
Floyd G. Villines presiding. Jane Czech, City Clerk, called the roll
with the following Directors present: Directors Priest, Benafield,
Hollingsworth, Shackelford and Dailey - total 6; Absent - Director
Bussey - total 1. ,, „ , ,111' ,;.
_ J_ y J .' J i _'
With a quorum present, Mayor Villines declared the Board of
Directors in session.
To open the meeting, Mayor Villines announced that the following
proposed Ordinance on the calendar for third reading would again be
deferred, "AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS UNDER ARKANSAS CODE ANNOTATED SECTIONS 14-
1614 7201 TO 224 (1987) FOR THE PURPOSE OF SECURING AND DEVELOPING
INDUSTRY (THE PARTICULAR INDUSTRIAL PROJECT IS DESCRIBED IN THE
'
ORDINANCE); RATIFYING AND .AFFIRMING ORDINANCE NO. 15,930, ADOPTED
SEPTEMBER 4, 1990, WHICH AUTHORIZED THE EXECUTION AND DELIVERY OF A
BOND PURCHASE AGREEMENT PROVIDING FOR THE SALE OF, THE.BONDS,,.,,THE
EXECUTION AND DELIVERY OF A TRUST INDENTURE SECURING THE BONDS, A
LEASE AGREEMENT BETWEEN THE CITY AND THE LITTLE ROCK MUNICIPAL AIRPORT
COMMISSION AS LESSOR AND ARKANSAS MODIFICATION CENTER, INC. AS LESSEE,
AND THE EXECUTION AND DELIVERY OF THE LEASE AGREEMENT; PRESCRIBING
MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY." Therefore, no
action was taken.
Resolution No. 8,370 was presented, entitled:
A RESOLUTION AUTHORIZING THE GUARANTEE OF A.LINEJ OF, CREDIT FOR
I
CENTRAL ARKANSAS TRANSIT AUTHORITY;
(Authorized Mayor and City Clerk to execute necessary documents to
guarantee repayment of up to $700,000 of principal only on a
$1,000,000 line of credit extended by First Commercial Bank, Union
National Bank, Worthen Bank and Trust Company, and Twin City Bank at
an interest rate of 7.68.)
and the Resolution was read in its entirety. Mr. Keith Jones,
Executive Director of the Central Arkansas Transit Authority,
addressed the Board and explained that CATA has resolved its labor
problems with the International Union that represents CATA drivers.
He told the Board of Directors the CATA Board is likely to sign off on
an agreement with the Union in a few days. The agreement with the
'
International Amalgamated Transit Union clears the way for the bus
system to get a $1,200,000 Federal Grant, but Mr. Jones said it could
take four to six weeks to get the money; adding, "when Federal monies
are received, the line of credit will cease." Upon question by
Director Benafield, Mr. Jones said five central Arkansas cities and
Pulaski County contribute to and are served by the bus system.
Regarding the 1991 projected budget needs, he advised Director Dailey
they have not been determined yet, but the budget will be completed by
the end of October. He further advised that maintenance is done in-
house by twelve mechanics. In closing, Mr. Jones said the 1991 Budget
would be less, with the same amount of service provided. There was no
further discussion. A motion then followed from Director Priest,
seconded by Director Dailey, to adopt the Resolution. The motion was
unanimously adopted by the Board Members present.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 2:10 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, October 16,
1990, at 6:00 o'clock P. M.
ATTEST: ., APPROVED: X, v�
City Clerk Jane Czech Mayor Floy G. Villines, III
'
4S3
Board of Directors Chamber
Little Rock, Arkansas
October 16, 1990 - 6:00 P. M'.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech was present and called the roll with the following
Directors in attendance: Directors Priest, Hollingsworth, Shackelford
and Dailey - total 4; Absent - Directors Benafield and Bussey - total
2.
Mayor Villines announced that a quorum was present and the
proceedings of the meeting are recorded as follows.
The Invocation was given by Director Dailey.
Director Benafield was enrolled.
The Consent Agenda was the first presentation, consisting of the
' following items:
(a) The approval of the Minutes of the previous Board Meeting
held October 2, 1990, and the reconvened meeting held October 10,
1990.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of August, 1990.
(c) A Motion to set a public hearing on November 6, 1990, on the
petition for removal of a commissioner of Sewer Improvement District
No. 147 (Hicks Inter Urban Addition).
(d) Resolution No. 8,371, entitled:
A RESOLUTION GRANTING SIGNATORY AUTHORITY TO THE LITTLE
ROCK WASTEWATER UTILITY MANAGER FOR THE ARKANSAS REVOLVING LOAN FUND.
(e) Resolution No. 8,372, with the title being:
A RESOLUTION AUTHORIZING THE LITTLE ROCK FIRE
DEPARTMENT TO PROVIDE FIRE SERVICE FOR THE REMAINDER OF 1990 TO 3M
COMPANY, AND FOR OTHER PURPOSES.
(f) Resolution No. 8,373, described as:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A QUITCLAIM DEED CONVEYING CERTAIN PROPERTY WITHIN THE CITY OF
LITTLE ROCK AND FOR OTHER PURPOSES. (2109 Marshall Street, described
as the South 40' of Lots 10 & 11, Block 11, Fleming and Bradford's
Addition to the City of Little Rock for the sum of $1800.00.)
(g) Resolution No. 8,374, containing the following caption:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE SCENIC BOULEVARD FROM THE NORTH SIDE OF_
LOT 46 TO THE NORTH SIDE OF LOT 43 IN SCENIC HEIGHTS ADDITION TO THE
CITY OF LITTLE ROCK, ARKANSAS. (Hearing date to be November 61 1990.)
(h) Resolution No. 8,375, entitled:
A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION
TO VACATE A PUBLIC UTILITY EASEMENT IN LOT 153 OF PLEASANT FOREST II
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Hearing date to be
November 6, 1990.)
(i) Resolution No. 8,376, with the title being:
A RESOLUTION DISSOLVING SEWER IMPROVEMENT DISTRICT NO.
137.
(j) Resolution No. 8,377, described as:
A RESOLUTION DISSOLVING MISSOURI STREET IMPROVEMENT
'
DISTRICT NO. 630.
October 16, 1990, Cont'd.
(k) Resolution No. 8,378, containing the following heading:
A RESOLUTION DISSOLVING "Mn STREET IMPROVEMENT DISTRICT
NO, 633.
(1) Resolution No. 8,379, entitled:
A RESOLUTION DISSOLVING SEWER IMPROVEMENT DISTRICT NO.
141.
(m) Resolution No. 8,380, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH HEAVRIN CONSTRUCTION COMPANY TO RELOCATE VARIOUS
SANITARY SEWER LINES FOR THE FOURCHE CREEK PROJECT, PHASE IV.
(Contract not to exceed $515,000.)
i
(n) Resolution No. 8,3811 described as:
A RESOLUTION GRANTING THE ARKANSAS STATE HIGHWAY AND
TRANSPORTATION DEPARTMENT AUTHORITY TO USE THE CITY OF LITTLE ROCK
FEDERAL AID AND URBAN SYSTEM MONIES FOR THE SOUTH LOOP BYPASS.
(City's matching portion to be 25%.)
(o) Resolution No. 8,382, containing the following caption:
'
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF A 60 CHANNEL LOGGING
RECORDER FOR THE DEPARTMENT OF HUMAN AND GENERAL SERVICES, OFFICE OF
EMERGENCY SERVICES DIVISION. (Contract to Dictaphone not to exceed
$53,747.)
(p) Resolution No. 8,383, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR ANNUAL EMERGENCY ELECTRICAL REPAIR WORK
FOR THE DEPARTMENT OF HUMAN AND GENERAL SERVICES AND VARIOUS CITY
DEPARTMENTS. (Contract to J. B. Electric Company in an amount not to
exceed $22.75 per hour for an electrician, $8.50 per hour for a helper
and $10.50 per hour for an apprentice.)
(q) Resolution No. 8,384, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO CONTRACT
WITH METROPOLITAN NATIONAL BANK FOR CITY BANKING SERVICES FOR 1991.
(r) Resolution No. 8,385, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH THE PRUDENTIAL INSURANCE COMPANY OF AMERICA TO PROVIDE
CITY EMPLOYEES HEALTH AND LIFE INSURANCE BENEFITS FORA UONEt,YEARJ
PERIOD COMMENCING JANUARY 11 1991.
(s) Resolution No. 8,386 appeared on the Agenda as Item G -8, but
at the request of Mayor Villines, was read with the Consent Agenda,
and contained the following title:
A RESOLUTION AUTHORIZING THE EXECUTION OF A REAL ESTATE
SALE AND PURCHASE AGREEMENT FOR THE PURCHASE OF CERTAIN REAL PROPERTY
SITUATED IN BLOCKS 1 AND 2, ORIGINAL CITY OF LITTLE ROCK; AND
PRESCRIBING OTHER MATTER RELATED THERETO. (Re: the purchase of the
Wallace Building and the "Y" Site Parking Lot from Pulaski County.)
(Markham & Main Streets)
By motion from Director Priest, 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 meeting held October 2, 1990, and the reconvened meeting held
October 10, 1990, were approved as written and summarized 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 August, 1990, was received and filed; (c) Motion was made and
adopted to hold a public hearing on November 6, 1990, on the petition
for removal of a commissioner for Sewer Improvement District No. 147
located in Hicks Inter Urban Addition; (d, e, f, g, h, it j, k, 1, m,
n, or p, q, r and s) Resolutions No. 8,371, 8,372, 81373, 8,374,
8,375, 8,376, 8,377, 8,378, 8,379, 8,380, 81381, 8,382, 8,383, 8,364,
8,385 and 8,386, were read in full and adopted by unanimous voice vote
'
485
October 16, 1990, Cont'd.
of the Board Members present.
No one was present to address the Board of Directors at the time
allotted for Citizen Communications.
The next presentation was Ordinance No. 15,948, described as:
AN ORDINANCE TO AMEND SECTION 32- 342(c) OF THE 1988 LITTLE ROCK
CODE OF ORDINANCES, PROVIDING FOR PERMITS FOR CURB LOADING ZONES AND
FOR OTHER PURPOSES;
(Re: Loading Zones outside of the parking meter district - annual fee
of $10.00 per foot or $220.00 for a space of 22' per year.)
and the Ordinance was read the first time, followed by a motion from
Director Priest to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Shackelford and adopted
by unanimous vote of the Board Members present, being six in number
and two - thirds or more of the members of the Board of Directors = elect;'
and a second reading of the Ordinance ensued. The rules were again
suspended and the Ordinance placed on third and final reading by a
motion again made by Director Priest and seconded by Director
Hollingsworth, and unanimously adopted by the Board Members present,
being six 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, there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the results recorded as follows: Ayes -
Director Dailey, Mayor Villines, Directors Priest, Benafield,
Hollingsworth and Shackelford - total 6; Noes - None; Absent -
Director Hussey - total 1. Therefore, the Ordinance was declared
PASSED.
Ordinance No. 15,949 was introduced and contained the following
caption:
AN ORDINANCE ESTABLISHING THE RATE OF TAXATION OF PROPERTY FOR
CITY PURPOSES FOR THE YEAR 1991 FOR VARIOUS FUNDS OF THE CITY OF
LITTLE ROCK;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Shackelford, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directoes!'Yriest"
and Hollingsworth, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being six 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
is recorded as follows: Ayes - Director Dailey, Mayor Villines,
Directors Priest, Benafield, Hollingsworth and Shackelford - total 6;
Noes - None; Absent - Director Hussey - total 1. Whereupon, the
Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 15,950, entitled:
AN ORDINANCE AUTHORIZING THE CLOSING OF THE 1977 CAPITAL
IMPROVEMENT FUND AND THE TRANSFER OF THE REMAINING FUNDS AND ACCOUNTS
TO THE SPECIAL PROJECT FUND;
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Shackelford, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Priest that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Hollingsworth seconded the motion which was adopted by unanimous vote
of the 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 ensued, followed by an Aye
and No Vote taken on passage of the Ordinance, with the response
1 being: Ayes - Director Dailey, Mayor Villines, Directors Priest,
Benafield, Hollingsworth and Shackelford - total 6; Noes - None;
4SG
October 16, 1990, Cont'd.
Absent - Director Hussey - total 1. The Ordinance was then declared
PASSED.
Ordinance No. 15,951 was the next presentation, with the title
being:
AN ORDINANCE APPROPRIATING $16,750 FROM THE CITY'S SPECIAL
PROJECTS FUND FOR ASPHALT RESURFACING OF DUNBAR, GRANITE MOUNTAIN AND
WAR MEMORIAL PARKING LOTS AND PATCH WORK AT OTHER CITY PARK PARKING
AREAS; AND EXTENDING THE RESURFACING CONTRACT WITH CRANFORD
CONSTRUCTION COMPANY;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Shackelford, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance
followed by a subsequent motion made and seconded by Directors Priest
and Hollingsworth, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being six 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. The Aye and
'
No Vote taken on passage of the Ordinance received the following
response: Ayes - Director Dailey, Mayor Villines, Directors Priest,
Benafield, Hollingsworth and Shackelford - total 6; Noes - None;
Absent - Director Hussey - 1. Mayor Villines then announced that the
Ordinance had PASSED.
Director Hussey was enrolled.
A discussion was held on a proposed Resolution to execute a
contract with Southwest Hospital to conduct physical examinations and
alcohol /drug screens for current and prospective City Employees. Mr.
Mike Kumpuris, Vice President of Professional Services for St. Vincent
Infirmary, spoke in opposition to the Proposal. (St. Vicent Infirmary
operates the Health Clinic at the East Little Rock Complex.) Mr.
Kumpuris estimated the cost to be approximately $40,000 annually;
adding, "there was a request for proposals and St. Vincent submitted
one." He further stated that St. Vincent did not get the contract as
we fully expected and wondered why. Mr. Rumpuris mentioned several
issues, one being an issue that appeared to slow the process of
conducting physicals by sending drug screenings outside the State. He
said this issue had been resolved and that according to the contract,
operational funds are provided by St. Vincent, patient revenues, and
Community Development Block Grant Funds; therefore, there is no net
cost to the City. Mr. Timothy E. Hill, Chief Executive Officer of
Southwest Hospital, said Southwest was approached in the bidding
process and upon question by Director Hussey, advised he was
approached by the Professional Selection Committee composed of
,
Personnel Director Britt Rice, Floyd Burns, Bill Anderson, Col. Tommy
Goodwin and Betty Demory. There was a lengthy discussion among Board
Members followed by the reading of the proposed Resolution, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SOUTHWEST HOSPITAL TO CONDUCT PHYSICAL EXAMINATIONS AND
ALCOHOL /DRUG SCREENS FOR CURRENT AND PROSPECTIVE CITY EMPLOYEES;
and there was a complete reading of the Resolution. The discussion
continued in which Director Shackelford made the following statement:
"This borders on policy. Nobody has convinced me that the problem was
so massive that it could not be worked out." She told City Manager
Tom Dalton if there are issues the Staff feels should be reviewed,
that the Board be notified. Director Hollingsworth commented that "we
are discussing policy services and have not had an opportunity tod
study this." Mr. Dalton advised that if the Resolution fails to be
adopted, the examinations will continue to be held at the East Little
Rock Health Clinic on a month -to -month basis. There was no further
discussion and the roll call vote is recorded as follows: Ayes -
Director Dailey and Mayor Villines - total 2; Noes - Directors
Benafield, Hollingsworth, Hussey and Shackelford - total 4;
Abstentions - Director Priest - total 1; Absent - None.
At 7:45 o'clock P. M., Mayor Villines announced there would be a
ten minute recess.
till
1
1
October 16, 1990, Cont'd.
When the Board reconvened at 7:55 o'clock P. M., Mayor Villines
presided and the following Directors were present: Directors Priest,
Benafield, Hollingsworth, Shackelford and Dailey - total 5; Absent -
Director Bussey - total 1.
The next matter to come before the meeting was a public hearing
on the question of increasing taxicab fares in the City of Little
Rock. Mayor Villines declared the public hearing open. City Manager
Tom Dalton referred to his October 15, 1990, Memorandum to the Board
of Directors, in which he stated neither taxicab company has provided
audited financial reports therefore, he felt it was not, conclusive
that a rate increase was justified. Attorney Larry Carpenter,
representing Capitol Cab Company, responding to the request for an
audited statement, said this would be too expensive and estimated the
cost to be from $7,500 to $10,000. He displayed charts showing cost
of operation, number of employees, and fare schedule. However, Mr.
Carpenter said financial information was released to the City Staff.
A discussion followed among Board Members. Director Priest asked, "if
we grant a rate increase, is it up to the company to decide whether to
implement it." Mr. Carpenter responded "yes." Mayor Villines
suggested that a competitive field be set rather than a rate. Mr.
John Hall, President of Black & White Cab Company, said Little Rock
has the lowest cab rates in the United States. He recommended $1.00
per mile and said it would relieve the pressure next year, but it
wouldn't allow Black & White to purchase 30 needed new cabs. Mayor
Villines and Director Benafield favored $1.10 or $1.20 per mile.
Director Dailey suggested that some kind of review process every two
years be established. Upon question by Director Hollingsworth, City
Attorney Mark Stodola advised that insurance rates and schedules are
regulated by the State. Mayor Villines declared the public hearing
closed and requested Mr. Dalton to have an Ordinance prepared for the
next Agenda Meeting (10- 31 -90) regarding taxicabs. Director
Shackelford asked that language be included to "get us out of rate
setting, but regulate quality." Director Dailey requested that the
Ordinance also include the review process.
A discussion was held on the Resolution authorizing the
expenditure of 1988 Capital Improvement Bond Sale Proceeds for the
purpose of improving streets and drainage facilities. Mrs. Johnnie
Pugh, 2500 South Booker Street expressed appreciation to the Board for
the street improvements that have been made in her area. A list of
substandard roadways and 1989 high priority local street projects had
been previously provided to Board Members for review. Prioritization
No. 1 for Director Benafield was discussed and he requested that 65th
street from Hanover to Hindman Park, Warren Road from Valley Drive to
Mabelvale Cut -Off, and Watt Street from Delray to Illinois Street, be
included in the improvements to be made. Under Prioritization No. 2
for Director Shackelford, she too recommended that 65th Street from
Hanover to Hindman Park be added, and also asked that East 21st Street
from Security to Boyce Street be included in the street work to be
done with 1988 Capital Improvement Bond Funds. Director Hollingsworth
noted at this point that he would be abstaining on Ware Street, which
is included in the list of streets to be improved. Following the
discussion, it was explained that Exhibit A to be attached to the
Resolution will be redrafted to include the list of streets
consecutively through Gum Springs Road followed by East 21st Street
from Security to Boyce, Watt Street from Delray to Illinois Street,
Warren Road from Valley Drive to Mabelvale Cut -Off, and 65th Street
from Hanover to Hindman Park Entry, with the cost of improvements
amounting to $5,871,000. There was no further discussion and
Resolution No. 8,387 was presented, entitled:
A RESOLUTION AUTHORIZING THE EXPENDITURE OF 1988 CAPITAL
IMPROVEMENT BOND SALE PROCEEDS FOR THE PURPOSE OF IMPROVING STREETS
AND DRAINAGE FACILITIES;
and there was a complete reading of the Resolution. A motion was made
by Director Priest and seconded by Director Dailey, that the
Resolution be adopted. The Resolution was adopted by voice vote of
the Board Members present, with Director Hollingsworth favoring the
Resolution with the exception his abstention on Ware Street. Director
Bussey was absent.
At 9:40 o'clock P. M., Mayor Villines announced that the Board of
Directors would recess to executive session in the Board's Conference
Room, for the purpose of considering appointments and reappointments
to various Boards and Commissions.
487
��t3t3
October 16, 1990, Cont'd.
I
When the Board of Directors reconvened at 10 :00 o'clock P. M.,
from executive session, Mayor Villines presided and the following
Directors were present: Directors Priest, Benafield, Hol'lirigsworth,�'
Shackelford and Dailey - total 5; Absent - Director Bussey - total 1.
Resolution No. 8,388 was then presented, with the caption being:
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE
ARKANSAS MUSEUM OF SCIENCE AND HISTORY BOARD OF TRUSTEES, CENTRAL
ARKANSAS LIBRARY SYSTEM BOARD OF TRUSTEES, CITY BEAUTIFUL COMMISSION,
LITTLE ROCK HISTORIC DISTRICT COMMISSION AND THE LITTLE ROCK MUNICIPAL
AIRPORT COMMISSION;
(Arkansas Museum of Science 8 History Board of Trustees - Mr. Joe B.
Abston reappointed and Ms. Kathleen D. Gardner reinstated; Central
Arkansas Library System Board of Trustees - Mr. Tom Dillard and Ms.
Katherine Mitchell reappointed; City Beautiful Commission - Ms.
Theodoshia Cooper reappointed and Ms. Charlene Hardcastle appointed;
Little Rock Historic District Commission - Mr. Carl F. Menyhart, Jr.
appointed; and Little Rock Municipal Airport Commission - Mrs. Donna
C. McLarty appointed.)
with the Resolution being read in its entirety. A motion was made by
Director Priest and seconded by Director Benafield, that the
'
Resolution be adopted. The Resolution was adopted unanimously by
voice vote of the Board Members present.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 10:05 o'clock P. M., with the Board
n
of Directors to convene in regular session o Tuesday, November 6,
1990, at 6:00 o'clock P. M.
ATTEST: APPROVED:_
City Clerk Jane Czech Mayor Floyd G. Villines, III
I
I
I
I
11S9
Board of Directors Chamber
Little Rock, Arkansas
November 6, 1990 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth, Shackelford and Dailey -
total 5; Absent - Director Hussey - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Mayor Villines.
The Consent Agenda was the first presentation, consisting of the
following items:
(a) The Minutes of the previous Board of Directors Meeting held
October 16, 1990.
(b) Resolution No. 8,389, entitled:
A RESOLUTION DISSOLVING STREET IMPROVEMENT DISTRICT NO. 623.
(c) Resolution No. 8,3901 with the title being:
A RESOLUTION DISSOLVING STREET IMPROVEMENT DISTRICT NO. 624.
(d) Resolution No. 8,391, described as:
A RESOLUTION DISSOLVING SEWER IMPROVEMENT DISTRICT NO. 130.
(e) Resolution No. 8,392, containing the following caption:
A RESOLUTION DISSOLVING ANNEX I TO SEWER IMPROVEMENT
DISTRICT NO. 130.
(f) Resolution No. 8,393, entitled:
A RESOLUTION DISSOLVING WATER PIPE LINE IMPROVEMENT DISTRICT
NO. 130.
(g) Resolution No. 8,394, with the title being:
A RESOLUTION DISSOLVING WATER PIPE LINE IMPROVEMENT DISTRICT
NO. 131.
(h) Resolution No. 8,395, described as:
A RESOLUTION DISSOLVING SEWER IMPROVEMENT DISTRICT NO. 138.
(i) Resolution No. 8,396, containing the following heading:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR THE EXTENSION OF THE COLEMAN CREEK DRAINAGE
PROJECT FROM W. 19TH STREET TO W. 20TH STREET. (Contract to Dennis
Bradley & Sons Construction Company, not to exceed $98,500.)
(j) Resolution No. 8,397, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW THE
CONTRACT WITH DELTA DENTAL PLAN OF ARKANSAS FOR DENTAL INSURANCE jIl
COVERAGE FOR CITY EMPLOYEES FOR ONE YEAR COMMENCING JANUARY 1, 1991.
(k) Resolution No. 8,398, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH THE LITERACY COUNCIL OF PULASKI COUNTY TO PROVIDE
WORKPLACE LITERACY TRAINING FOR CITY EMPLOYEES REQUIRED TO OBTAIN
COMMERCIAL DRIVER'S LICENSES. (Contract not to exceed $25,000.)
r 1
L
490
November 6, 1990, Cont'd.
(1) Resolution No. 8,399, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR THE PURCHASE OF A ROLL OFF BIN TRUCK FOR THE
DEPARTMENT OF HUMAN AND GENERAL SERVICES /FLEET SERVICES DIVISION.
(Contract to Davis Trailer & Truck Equipment, Inc., not to exceed
$71,379.)
(m) Resolution No. 8,400, containing the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
JANITORIAL CONTRACT WITH ISS SERVICES, INC. FOR ONE YEAR ENDING
NOVEMBER 30, 1991.
(n) Resolution No. 8,401, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH THE MEHLBURGER FIRM OF LITTLE ROCK FOR ENGINEERING
SERVICES FOR CLOSING THE EXISTING CITY LANDFILL AT 10900 IRONTON ROAD.
(Contract not to exceed $61,000)
(o) Resolution No. 8,402, with the title being:
A RESOLUTION SETTING THE DATE FOR PUBLIC HEARING ON NOVEMBER
20, 1990, TO CONSIDER THE ISSUANCE OF SEWER REVENUE BONDS IN THE
MAXIMUM PRINCIPAL AMOUNT OF $7,000,000.
(p) Resolution No. 8,403, described as:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF RIVER TRAIL, INC. TO
PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM. (Located at 1637
East 15th Street)
By a motion from Director Dailey, seconded by Director Shackelford,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held October 16, 1990, were approved as written and
summarized to members of the Board of Directors; (b, c, d, e, f, g, h,
it j, k, 1, m, n, o and p) Resolutions No. 8,389, 8,390, 8,391,
8,392, 8,393, 8,394, 8,395, 8,396, 8,397, 81398, 8,399, 8,400, 8,401,
8,402 and 8,403, were read in full and adopted by unanimous voice vote
of the Board Members present.
No one was present to speak at the time allotted for Citizen
Communications.
The following rezoning application approved by the Planning
Commission, was the next presentation:
Z -5364 - From Flake and Company by Rett Tucker for Robert E. and
,
Willa D. Moss, to rezone 0.95 acres described as Lot 3, West Markham
Parkway Addition, located at the NE corner of West Markham Street and
Old Town Road, from "0 -3" General Office District to "C -1"
Neighborhood Commercial District. No opposition was presented to the
reclassification and Ordinance No. 15,952 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;
(2-5364 - To rezone Lot 3, West Markham Parkway Addition located at
the NE corner of West Markham street and Old Town Road, from "0 -3"
General Office District to "C -1" Neighborhood Commercial District.)
and after a first reading of the ordinance, there was a motion by
Director Dailey, seconded by Director Priest, to suspend the rules and
place the ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest
and Dailey, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being six 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. The Aye and No Vote
'
November 6, 1990, Cont'd.
taken on passage of the Ordinance received the following response:
Ayes - Mayor Villines and Directors Priest, Benafield, Hollingsworth,
Shackelford and Dailey - total 6; Noes - None; Absent - Director
Bussey - total 1. Whereupon, the Ordinance was declared PASSED.
A public hearing had been scheduled by Resolution No. 8,374, and
notice thereof duly published 6n October 24, 1990 and October 31,
1990, on the request from the Peterson Family Enterprises, Inc., et
Al, to vacate and close Scenic Boulevard from the north side of Lot 46
to the north side of Lot 43 in Scenic Heights Addition to the City of
Little Rock. The request received the approval of the Planning
Commission. Attached to the petition was a certified copy of the plat
of Scenic Heights Addition on file in the Pulaski County Circuit
Clerk's Office, and a letter from Beach Abstract and Guaranty Company
listing the last apparent owners of record to abutting property.
Mayor Villines then declared the public hearing open and with no
opposition presented, he declared the public hearing closed, and
Ordinance No. 15,953 was presented, containing the following caption:
A public hearing had been scheduled by Resolution No. 8,375, and
notice thereof duly published on October 24, 1990 and October 31,
1990, on the petition filed by the Pleasant Forest Property Owners
Association, et Al, to vacate and close a public utility easement
designated as the northerly 6' of a 10' wide easement which runs east
to west and parallel to the rear of property line of Lot 153 in
Pleasant Forest II Addition to the City of Little Rock, as approved by
the Planning Commission. Attached to the petition was a certified
copy of the plat of Pleasant Forest II Addition on file in the Pulaski
County Circuit Clerk's Office, and a letter from Pulaski County Title
Company, Inc., listing the last apparent owners of record to the
abutting property. Mayor Villines then declared the public hearing
open and with no one present who wished to speak in opposition to the
proposed closing, he declared the hearing closed and Ordinance No.
15,954 was presented, entitled:
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN LOT 153 OF
PLEASANT FOREST II ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
and said Ordinance was read the first time, followed by a motion from
Director Dailey to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Priest and adopted by
unanimous vote of the Board Members present, being six in number and
two- thirds or more of the members of the Board of Directors - elect, and
a second reading of the Ordinance followed. The rules were again
suspended and the Ordinance placed on third and final reading by a
motion made and seconded by Directors Priest and Dailey, respectively,
and unanimously adopted by the Board Members present, being six 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, there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the response being: Ayes_- Mayor Villines,
Directors Priest, Benafield, Hollingsworth, Shackelford and Dailey -
total 6; Noes - None; Absent - Director Bussey - total 1. It was
then announced that the Ordinance had PASSED.
L'
491
AN ORDINANCE VACATING AND CLOSING SCENIC BOULEVARD FROM THE NORTH
SIDE OF LOT 46 TO THE NORTH SIDE OF LOT 43 IN SCENIC HEIGHTS ADDITION
TO THE CITY OF LITTLE ROCK, ARKANSAS;
'
and the Ordinance was read the first time. There was a motion by
Dailey, seconded by Director Priest, to suspend the rules and
Director
place the Ordinance on second reading. 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 second reading of the Ordinance followed, with a
motion being made by Director Priest, seconded by Director Dailey, to
further suspend the rules and place the Ordinance on third and final
reading. With the motion having been 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, the Ordinance
was read the third and last time. The question, Shall the Ordinance
Pass, was submitted to an Aye and No Vote, which received the
following response: Ayes - Mayor Villines, Directors Priest,
Benafield, Hollingsworth, Shackelford and Dailey - total 6; Noes -
None; Absent - Director Bussey - total 1. The Ordinance was then
declared PASSED.
A public hearing had been scheduled by Resolution No. 8,375, and
notice thereof duly published on October 24, 1990 and October 31,
1990, on the petition filed by the Pleasant Forest Property Owners
Association, et Al, to vacate and close a public utility easement
designated as the northerly 6' of a 10' wide easement which runs east
to west and parallel to the rear of property line of Lot 153 in
Pleasant Forest II Addition to the City of Little Rock, as approved by
the Planning Commission. Attached to the petition was a certified
copy of the plat of Pleasant Forest II Addition on file in the Pulaski
County Circuit Clerk's Office, and a letter from Pulaski County Title
Company, Inc., listing the last apparent owners of record to the
abutting property. Mayor Villines then declared the public hearing
open and with no one present who wished to speak in opposition to the
proposed closing, he declared the hearing closed and Ordinance No.
15,954 was presented, entitled:
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN LOT 153 OF
PLEASANT FOREST II ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
and said Ordinance was read the first time, followed by a motion from
Director Dailey to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Priest and adopted by
unanimous vote of the Board Members present, being six in number and
two- thirds or more of the members of the Board of Directors - elect, and
a second reading of the Ordinance followed. The rules were again
suspended and the Ordinance placed on third and final reading by a
motion made and seconded by Directors Priest and Dailey, respectively,
and unanimously adopted by the Board Members present, being six 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, there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the response being: Ayes_- Mayor Villines,
Directors Priest, Benafield, Hollingsworth, Shackelford and Dailey -
total 6; Noes - None; Absent - Director Bussey - total 1. It was
then announced that the Ordinance had PASSED.
L'
491
`l v
November 6, 1990, Cont'd.
The next presentation was Ordinance No. 15,955, with the title
being:
AN ORDINANCE TO RETURN THE ASSETS, EQUIPMENT, ACCOUNTS, FUNDS,
REAL AND PERSONAL PROPERTY AND ALL OTHER ITEMS TO THE LITTLE ROCK,
ARK., EMERGENCY MEDICAL HEALTH CARE FACILITIES BOARD ( "LITTLE ROCK
AMBULANCE AUTHORITY ") PURSUANT TO SECTION 1909 OF THE LEASE BETWEEN
THE CITY; TO REPEAL LITTLE ROCK, ARK., ORDINANCE 15,632 (JANUARY 27,
1989) ( "LRO 15,632 "); TO ESTABLISH THE CONDITIONS FOR THE ORDINANCE TO
TAKE EFFECT; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. A motion followed whereby
the rules were suspended to allow for the second reading of the
Ordinance. The motion was made by Director Dailey, seconded by
Director Priest, and 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. The Ordinance was then read
the second time. There was an ensuing motion made by Director Priest
and 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 the 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; whereupon, there was a third '
and last reading of the Ordinance. The passage of the Ordinance was
then submitted to an Aye and No Vote with the results recorded as
follows: Ayes - Mayor Villines, Directors Priest, Benafield,
Hollingsworth, Shackelford and Dailey - total 6; Noes - None; Absent
- Director Bussey - total 1.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Mayor Villines, Directors Priest, Benafield, Hollingsworth,
Shackelford and Dailey - total 6; Noes - None; Absent - Director
Bussey - total 1. The Ordinance together with the Emergency Clause,
was then declared PASSED.
Consideration was then given to Ordinance No. 15,956, described
as:
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;
with the Ordinance being read the first time, after which there was a
motion by Director Dailey for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Priest, and 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 second reading of the
Ordinance followed, with a motion being made by Director Priest and
seconded by Director Dailey, to further suspend the rules and place
the Ordinance on third and final reading. With the motion having been
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, the Ordinance was read the third and last time.
The resulting Aye and No Vote taken on passage of the Ordinance is
herein recorded as follows: Ayes - Mayor Villines, Directors Priest,
Benafield, Hollingsworth, Shackelford and Dailey - total 6; Noes -
None; Absent - Director Bussey - 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 - Mayor Villines, Directors Priest, Benafield, Hollingsworth,
Shackelford and Dailey - total 6; Noes - None; Absent - Director
Bussey - total 1. Whereupon, the Ordinance together with the
Emergency Section was declared PASSED.
Ordinance No. 15,957 was next presented, with the title being:
AN ORDINANCE AMENDING CHAPTER 27 OF THE LITTLE ROCK CODE OF
ORDINANCES PERTAINING TO CONSTRUCTION SPECIFICATIONS FOR ELECTRICAL
SIGNS AND OTHER MATTERS;
and the Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of llj {ll
the Ordinance. The motion was made by Director Dailey, seconded by
November 6, 1990, Cont'd.
Director Priest, and 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. The Ordinance was then read
the second time. There was an ensuing motion made by Director Priest,
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 the 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 last reading
of the Ordinance. The passage of the Ordinance was then submitted to
an Aye and No Vote which resulted as follows: Ayes - Mayor Villines,
Directors Priest, Benafield, Hollingsworth, Shackelford and Dailey -
total 6; Noes - None; Absent - Director Bussey - total 1. The
Ordinance was then declared PASSED.
The last matter to be considered was Ordinance No. 15,958, which
did not appear on the Agenda, but the Board of Directors unanimously
agreed to present it for consideration, entitled:
AN ORDINANCE AUTHORIZING THE DEPOSIT OF $901000 INTO ACCOUNT
NUMBER 301 - 030 -0180 OF THE CAPITAL IMPROVEMENT BOND ISSUE FUND FOR THE
BENEFIT OF THE HISTORIC BUILDING FACADE GRANT PROGRAM; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Dailey, which 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. Upon second reading of the Ordinance, there was a
subsequent motion made by Director Shackelford that the rules be
further suspended and the Ordinance be placed on third and final
reading. Director Priest seconded the motion which was adopted by
unanimous vote of the 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 ensued,
followed by an Aye and No Vote taken on the question, Shall the
Ordinance Pass, with the response being: Ayes - Mayor Villines,
Directors Priest, Benafield, Hollingsworth, Shackelford and Dailey -
total 6; Noes - None; Absent - Director Bussey - total 1.
The Emergency Clause contained in Section 2 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Mayor Villines, Directors Priest, Benafield, Hollingsworth,
Shackelford and Dailey - total 6; Noes - None; Absent - Director
Bussey - total 1. Therefore, the ordinance, together with the
Emergency Section, was then declared PASSED.
Mr. Bernie Sherwood, President of Firemen's Local No. 34,
presented a plaque and expressed appreciation to Mrs. Nancy Baker,
Director of Public Relations, for her work and effort in making the
fourth annual Dracula Blood Drive on Halloween a huge success. The
drive was held October 31, 1990 at the Central Fire Station, 7th and
Chester Streets.
Director Hollingsworth presented plaques to Mr. David Lutz,
Director of Management Support, who had the largest number of
department participants; and to Fire Chief Rubin Webb for the largest
amount of blood donated by his department in the Dracula Blood Drive.
There being no further business to be presented, Mayor Villines
declared the meeting recessed at 6:20 o'clock P. M., with the Board of
Directors to reconvene at 1:30 P. M., Wednesday, November 14, 1990, to
consider two proposed Ordinances; one to amend Section 34 -57 of the
Code of Ordinances establishing meter rates for taxicabs, and the
other to amend said Section to place a ceiling on taxicab fares to be
charged in the City of Little Rock.
ATTEST: APPROVED: 4,X, xoo
City Clerk Jane Czech Mayor Floyd G. Villines, III
119''3
Board of Directors Chamber
Little Rock, Arkansas
November 14, 1990 - 3 :45 P. M.
The Board of Directors of the City of Little Rock, Arkansas
reconvened from the November 6, 1990, regular Board Meeting with Mayor
Floyd G. Villines presiding. Jane Czech, City Clerk, called the roll
with the following Directors present: Directors Priest, Hollingsworth
and Dailey - total 3; Absent - Directors Benafield, Bussey and
Shackelford - total 3.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
A proposed Ordinance was the first presentation, with the title
being:
AN ORDINANCE AMENDING SECTION 34 -57 OF THE LITTLE ROCK CITY CODE
ESTABLISHING METER RATES FOR TAXICABS;
and the proposed Ordinance was read the first time. Since only four
Directors were present and the rules could not be suspended, the
proposed Ordinance remained on the calendar for second reading at the
regular meeting on November 20, 1990.
Another proposed Ordinance was also presented, entitled:
AN ORDINANCE AMENDING SECTION 34 -57 OF THE LITTLE ROCK CITY CODE
TO PLACE A CEILING ON TAXICAB FARES TO BE CHARGED IN THE CITY OF
LITTLE ROCK;
with there being a first reading of the proposed Ordinance. The rules
could not be suspended for second reading; therefore, the Ordinance
remained on the calendar for second reading at the regular meeting on
November 20, 1990.
On September 18, 1990, the Board of Directors passed Ordinance
No. 15,938, to provide for a $0.25 per trip taxicab .fare gasoline
surcharge for sixty (60) days or until a taxicab fare rate increase is
approved by the Board of Directors. A motion was made by Director
Priest and seconded by Director Dailey, to extend the surcharge on
taxicab fares until November 20, 1990, at which time the above
Ordinances pertaining to taxicab fares will be considered for second
reading.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 3:55 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, November 20,
1990, at 6:00 o'clock P. M.
ATTEST �
City Clerk Jane Czech
APPROVED: d /�-A Mayor FFllo"y'dTVIG'.`
1
Board of Directors Chamber
Little Rock, Arkansas
November 20, 1990 - 6:00 P. M.
49'5
The Board of Directors of the City, of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech called the roll with the following Directors present:
Directors Priest, Benafield, Hollingsworth, Shackelford and Dailey -
total 5; Absent - Director Hussey - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Vice Mayor /Director Priest.
The first matter to be presented was the Consent Agenda,
consisting of the following items:
(a) The reading of the Minutes of the previous meeting held
November 61 1990, and the reconvened meeting held November 14, 1990.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of September, 1990.
(c) Resolution No. 8,404, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF TWO RESCUE PUMPER TRUCKS
FOR THE DEPARTMENT OF HUMAN AND GENERAL SERVICES /FLEET SERVICES
DIVISION; WEED KILLER FOR PUBLIC WORKS OPERATIONS; AND AN ANNUAL
CONTRACT FOR COMMERCIAL TRASH COLLECTION FOR PUBLIC WORKS.
(d) Resolution No. 8,405, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH GREENHORNE & O'MARA, INC. FOR PAGIS DATA CONVERSION
SERVICES AND SYSTEM SUPPORT. (Not to exceed $821,367.)
(e) Resolution No. 8,406, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF FOUR (4) FULL SIZE
SEDANS FOR THE DEPARTMENT OF HUMAN AND GENERAL SERVICES /FLEET SERVICES
DIVISION. (Contract to Bale Chevrolet not to exceed $58,232.)
By a motion from Director Priest, seconded by Director Hollingsworth,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held November 6, 1990, and the reconvened meeting
held November 14, 1990, were approved as written and summarized 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 September, 1990, was received and filed; and (c, d & e) Resolutions
No. 8,404, 8,405 and 8,406, were read in full and unanimously adopted
by the Board Members present.
No one was present to speak at the time allotted for Citizen
Communications.
Introduced next was Ordinance No. 15,959, containing 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
SIDEWALK AND STREET IMPROVEMENTS.
(For James T. Bates Replat located on Ironton Cutoff on Brewer
Road.)
and the Ordinance was read the first time, followed by a motion by Director
Priest, seconded by Director Shackelford, that the rules be suspended
and the Ordinance be placed on second reading. The motion was adopted
by unanimous vote of the 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 a second reading of the Ordinance
496
November 20, 1990, Cont'd.
ensued. 'A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion being made by Director Shackelford, seconded by Director
Priest, and 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. The Ordinance was read the third and
last time, and there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Directors Priest, Benafield, Hollingsworth, Shackelford, Dailey and
Mayor Villines - total 6; Noes - None; Absent - Director Bussey -
total 1. Mayor Villines then announced that the Ordinance had PASSED.
Zoning Application Z- 1953 -A filed by Mr. J. E. Hathaway, Jr.,
Agent for Mr. Jim D. McClanahan, et Al, was the next presentation.
The application to rezone 6.59 acres located at 6421 South University
Avenue (long legal description), from "I -2" Light Industrial District
to "C -4" Open Display District, was approved by the Planning
Commission on October 23, 1990. No opposition to the rezoning was
presented and Ordinance No. 15,960 was considered, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF
LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 1953 -A - To rezone 6421 South University Avenue, from 'I -2' Light
'
industrial District to 'C -4' Open Display District.)
with the Ordinance being read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Shackelford, and 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 second reading of the
Ordinance followed, with a motion being made by Director Shackelford
and seconded by Director Priest, to further suspend the rules and
place the Ordinance on third and final reading. With the motion
having been 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, the Ordinance was read the third and
last time. The resulting Aye and No Vote taken on passage of the
Ordinance is herein recorded as follows: Ayes - Directors Priest,
Benafield, Hollingsworth, Shackelford, Dailey and Mayor Villines -
total 6; Noes - None; Absent - Director Bussey - total 1.
Therefore, the Ordinance was declared PASSED.
Consideration was then given to Zoning Application Z -5367, filed
by Mr. Martin Thomas for Mr. William L. Daniel and Mr. Berton 0.
Daniel. The application requested the reclassification of one acre
located at 8205 Stagecoach Road (Highway #5), from "R -2" Single- family
District to "C -3" General Commercial District. The Planning
Commission approved the zoning change on October 23, 1990. No one
opposed the reclassification and Ordinance No. 15,961 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 -5367 - To rezone 8205 Stagecoach Road, from 'R -2' Single - family to
'C -3' General Commercial District.)
and the Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Shackelford, which 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. Upon second reading of the Ordinance, there was a
subsequent motion made by Director Shackelford that the rules be
further suspended and the Ordinance' be placed on third and final
reading. Director Priest seconded the motion which was adopted by
.
unanimous vote of the 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 ensued,
followed by an Aye and No Vote taken on the question, Shall the
Ordinance, Pass with the response being: Ayes - Directors Priest,
Benafield, Hollingsworth; Shackelford, Dailey and Mayor Villines -
total 6; Noes - none; Absent - Director Bussey - total 1.
Whereupon, the Ordinance was declared PASSED.
November 20, 1990, Cont'd.
The next presentation was Zoning Application Z -5368 filed by
Linda Mae Price and Betty Lou Landry, to rezone 3700 Baseline Road
(long legal description), from "R -2" Single - family District to "C -4"
Open Display District. The application was approved by the Planning
Commission on October 23, 1990. No one was present to oppose the
rezoning and Ordinance No. 15,962 was presented, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5368 - To rezone 3700 Baseline Road, from 'R -2' Single - family
District to 'C -4' Open Display District.)
with the Ordinance being read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Shackelford, and 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 second reading of the
Ordinance followed, with a motion being made by Director Shackelford
and seconded by Director Priest, to further suspend the rules and
' place the Ordinance on third and final reading. With the motion
having been 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, the Ordinance was read the third and
last time. The resulting Aye and No Vote taken on passage of the
Ordinance is herein recorded as follows: Ayes - Directors Priest,
Benafield, Hollingsworth, Shackelford, Dailey and Mayor Villines -
total 6; Noes - None; Absent - Director Bussey - total 1. The
Ordinance was then declared PASSED.
Ordinance No. 15,963 was presented, containing the following
caption:
AN ORDINANCE TO AMEND THE ROCK CREEK VALLEY LAND USE PLAN, SOUTH
OF CHENAL PARKWAY TO MARKHAM AND EAST OF OLD TOWN ROAD AND OTHER
MATTERS;
(Amended to change the area between Chenal Parkway and Markham, east
of Old Town Road to the existing commercial area (Bale PCD), from
office to neighborhood commercial (NC).)
and after a first reading of the Ordinance, there was a motion' by
Director Priest, seconded by Director Shackelford, to suspend the
rules and place the Ordinance on second reading. 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, and the second reading of the Ordinance ensued. A
subsequent motion was made by Director Shackelford and seconded by
Director Priest, to further suspend the rules and place the Ordinance
on third and final reading. 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.
There was a third and final reading of the Ordinance after which an
Aye and No Vote was taken on the question, Shall the Ordinance Pass,
with the response being: Ayes - Directors Priest, Benafield,
Hollingsworth, Shackelford, Dailey and Mayor Villines - total 6; Noes
- None; Absent - Director Bussey - total 1. Mayor Villines then
announced that the Ordinance had PASSED.
The next presentation was Ordinance No. 15,964, entitled:
AN ORDINANCE AMENDING THE MASTER STREET PLAN, CHANGING
CLASSIFICATIONS AND REDUCING DESIGN STANDARDS, AND FOR OTHER MATTERS;
(Re: Certain streets within the City Limits.)
and the Ordinance was read the first time. The rules were suspended
and the Ordinance placed on second reading by motion from Director
Priest and seconded by Director Shackelford, which 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. The Ordinance was then read the second time. There
was a subsequent motion made by Director Shackelford that the rules be
further suspended and the Ordinance be placed on third and final
' reading. Director Priest seconded the motion which was adopted by
unanimous vote of the members of the Board of Directors present, being
1�8
November 20, 1990, Cont'd.
i
six in number and two - thirds or more of the members of the Board of
Directors- elect. The Ordinance was then read the third and last time.
The Aye and No Vote taken on passage of the Ordinance is recorded as
follows: Ayes - Directors Priest, Benafield, Hollingsworth,
Shackelford, Dailey and Mayor Villines - total 6; Noes - None;
Absent - Director Bussey - total 1. The Ordinance was then declared
PASSED.
Ordinance No. 15,965 was considered next, with the title being:
i
AN ORDINANCE TO AMEND ORDINANCE NO. 15,765 MAKING A CHANGE IN
TITLE, VARIOUS CHANGES TO THE STANDARDS, AND FOR OTHER PURPOSES;
(Re: Highway No. 19 Overlay Ordinance.)
and the Ordinance was read the first time. Ms. Ruth Bell,
representing the League of Women Voters, voiced support of the concept
of Overlay Districts; that the League feels it is a worthwhile
Ordinance and is generally happy with what is being presented.
(Copies of five proposed amendments had been prepared by the
Department of Neighborhood Revitalization and Planning.) Referring to
the Amendments, Ms. Bell was opposed to Amendments No. 1, 2 and 3, but
supported Amendments No. 4 and 5. Mr. Robert L. Shultz of the
Financial Centre Corporation, urged the Board to adopt a minimum lot
'
size of 60,000 square feet, and leave the language to allow only one
(1) curb cut per 300 feet. A lengthy discussion followed among Board
Members with Mr. Jim Lawson, Director of the Department of
Neighborhood Revitalization and Planning, answering questions and
explaining the five proposed Amendments. Following the discussion,
only three of the Amendments were considered as follows:
Amendment No. 1: Director Dailey moved, seconded by Director
Benafield, that "Section 3, Paragraph D - Site Design and Development
Standards, Section 1, Lot Size, be amended to read as follows: 11.
Lot Size - there shall be a minimum development tract size of not less
than 60,000 square feet'." A roll call vote was taken on the motion
with the results being: Ayes - Directors Benafield, Shackelford and
Dailey - total 3; Noes - Directors Priest, Hollingsworth and Mayor
Villines - total 3, : Absent - Director Bussey - total 1. Therefore,
the Motion failed.
Amendment No. 2 was not considered.
Amendment No. 3. Director Priest made a motion, seconded by
Director Dailey, that "Paragraph D, Section 9 - Building Sites - be
amended to delete the chart with the schedule of size to number of
buildings be changed to 'one (1) building every two (2) acres'." The
roll call vote adopted the motion as follows: Ayes - Directors
Priest, Benafield, Hollingsworth, Shackelford, Dailey and Mayor
Villines - total 6; Noes - None; Absent - Director Bussey - total 1.
Amendment No. 4. Director Priest moved, seconded by Director
Shackelford, that "Section 4 - pertaining to Paragraph D - Site Design
and Development Standards, Subsection d, at line 9 be amended to read:
trees shall be planted or be existing at least every 20 feet', and
that 'Subsection d, (line 11) be amended to delete where a developer
demonstrates that this requirement will constitute an undue hardship,
a landscaped area exclusive of right -of -way may consist of a minimum
of 25 feet'." The motion was unanimously adopted by the following
roll call vote: Ayes - Directors Priest, Benafield, Hollingsworth,
Shackelford, Dailey and Mayor Villines - total 6; Noes - None;
Absent - Director Bussey - total 1.
Amendment No. 5 was not considered.
Following the action taken on the Amendments above, Director
Priest made a motion, seconded by Director Shackelford, that the
rules be suspended to allow for the second reading of the Ordinance,
as amended, which was adopted by unanimous vote of the Board Members
present, being six in number and two - thirds or more of the members of
the Board of Directors - elect. Upon second reading of the Ordinance,
as amended, there was a subsequent motion again made by Director
Priest, seconded by Director Dailey, that the rules be further
suspended and the Ordinance, as amended, be placed on third and final
reading. 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; whereupon, the Ordinance,
till
as amended, was then read the third and last time. An Aye and No Vote
_
V
r�
L
II
November 20, 1990, Cont'd.
was taken on passage of the Ordinance, as amended, which resulted as
herein recorded: Ayes - Directors Priest, Benafield, Hollingswoth,
Shackelford, Dailey and Mayor Villines - total 6; Noes - None;
Absent - Director Bussey - total 1. Mayor Villines then announced
that the Ordinance, as amended, had PASSED.
A public hearing appeared on the Agenda as Item 8, regarding the
removal of a commissioner of Sewer Improvement District No. 147 (Hicks
Inter Urban Addition). After a brief discussion on what constitutes
cause for removal from office, the matter was delayed for two weeks
and no action was taken.
A public hearing had been scheduled for this time and place to
consider an Ordinance authorizing the issuance of Sewer Revenue Bonds
in the maximum principal amount of $7,000,000. Mayor Villines
declared the public hearing open and when no one appeared to speak
against the proposal, the public hearing was declared closed and
Ordinance No. 15,966 was presented, entitled:
AN ORDINANCE AUTHORIZING THE CONSTRUCTION OF EXTENSIONS,
BETTERMENTS AND IMPROVEMENTS TO THE SEWER SYSTEM OF THE CITY OF LITTLE
ROCK, ARKANSAS; AUTHORIZING THE ISSUANCE OF SEWER REVENUE BONDS FOR
THE PURPOSE OF FINANCING THE CONSTRUCTION; PROVIDING FOR THE PAYMENT
OF THE PRINCIPAL AND INTEREST ON THE BONDS; PRESCRIBING OTHER MATTERS
RELATING THERETO; AND DECLARING AN EMERGENCY;
with the Ordinance being read the first time, after which there was a
motion by Director Priest for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Shackelford, and 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 second reading of the
Ordinance followed, with a motion being made by Director Dailey and
seconded by Director Priest, to further suspend the rules and place
the Ordinance on third and final reading. With the motion having been
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, the Ordinance was read the third and last time.
The resulting Aye and No Vote taken on the question, Shall the
Ordinance Pass, received the following response: Ayes - Directors
Priest, Benafield, Hollingsworth, Shackelford, Dailey and Mayor
Villines - total 6; Noes - None; Absent - Director Bussey - total 1.
The Emergency Clause contained in Section 26 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Priest, Benafield, Hollingsworth, Shackelford, Dailey
and Mayor Villines - total 6; Noes - None; Absent - Director Bussey
- total 1. The Ordinance, together with the Emergency Clause was then
declared PASSED.
Ordinance No. 15,967 was introduced next, with the title being:
AN ORDINANCE FIXING AND IMPOSING THE AMOUNT OF FEES AND CHARGES
TO BE PAID TO THE CITY OF LITTLE ROCK, ARKANSAS BY ALL COMPANIES THAT
PROVIDE INTERSTATE OR INTRASTATE LONG DISTANCE TELECOMMUNICATION
SERVICE, AND ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH THE
CONDUCTING OF SUCH TELEPHONE BUSINESS IN THE CITY OF LITTLE ROCK,
ARKANSAS; AMENDING SECTION 3 OF ORDINANCE NO. 15,706; AND FOR OTHER
PURPOSES;
and the Ordinance was read the first time, followed by a motion from
Director Priest to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Shackelford and adopted
by unanimous vote of the Board Members present, being six in number
and two- thirds or more of the members of the Board of Directors- elect,
and a second reading of the Ordinance ensued. The rules were again
suspended and the Ordinance placed on third and final reading by a
motion made by Director Priest and seconded by Director Dailey, and
unanimously adopted by the Board Members present, being six 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, there was an
Aye and No Vote taken on the question, Shall the Ordinance Pass, with
the results recorded as follows: Ayes - Directors Priest, Benafield,
Hollingsworth, Shackelford, Dailey and Mayor Villines - total 6; Noes
- None; Absent - Director Bussey - total 1. Whereupon, the Ordinance
was declared PASSED.
ca <a
510
November 20, 1990, Cont'd.
The next presentation was a proposed Resolution containing the
following title:
A RESOLUTION GRANTING AN EXCLUSIVE FRANCHISE TO MR. JIM SHUE FOR
EXCLUSIVE USE OF A DRIVEWAY ACROSS CITY PROPERTY;
(0.0888 Acres situated in Allsopp Park,, South and East of Cedar Hill
Road.)
and the proposed Resolution was read in full. Mr. Homer Tanner,
Attorney, representing Mr. Jim Shue, reviewed the background on the
property purchased by Mr. Shue in 1975 and construction of his home in
1986. At the time he acquired the property, egress and ingress was
serviced from an existing roadway, to the West thereof, alternately
known as River Road, Cedar Hill Road, Old Cedar Hill Road and
Yorkshire Drive. In 1987, owners of Townhouses in the Park Horizontal
Property Regime, an apartment complex, obtained an injunction to
prohibit Mr. Shue from traveling said strip of land, known as Old
Cedar Hill Road as a means of egress and ingress to the property upon
which he was constructing his home. Mr. Tanner said the City of
Little Rock may have a moral obligation, if not a legal obligation, to
grant Mr. Shue the franchise. Mr. Jim Phillips, an engineer with
Blaylock, Threet, Phillips & Associates, presented a map of the
proposed driveway and pointed out this is the desired location for
safety, environmental and accessibility purposes. Director Benafield
suggested the portion in question be sold to Mr. Shue. City Attorney
Mark Stodola said the City might want to consider sale of the
property, if possible, or consider granting the franchise. Staff
Members pointed out the dedication of the property to the City
designates for "park purposes only." After lengthy discussion, no
motion was made to adopt the Resolution and no action was therefore
taken. Further consideration was delayed for two weeks.
At 8:15 o'clock P. M., Mayor Villines announced that there would
be a fifteen minutes recess.
When the Board of Directors reconvened at 8:30 o'clock P. M.,
Mayor Villines presided and the following Directors answered roll
call: Directors Priest, Benafield, Hollingsworth, Shackelford and
Dailey - total 5; Absent - Director Bussey - total 1.
Ordinance No. 15,968 was presented, described as:
AN ORDINANCE AMENDING THE MASTER STREET PLAN TO REDUCE THE RIGHT -
OF -WAY REQUIREMENTS FOR CERTAIN PORTIONS OF THE MIDTOWN EXPRESSWAY;
(Right -of -way requirements of the Midtown Expressway are hereby
reduced from 200 feet to 150 feet from a distance 400 feet South of
Cantrell Road to 400 feet North of West Third Street.)
and the Ordinance was read the first time. Mr. Ron Tabor of Flake and
Company, representing the "Choo -Choo Partnership ", gave a presentation
of the proposed development to be constructed across Cantrell Road
from the Dillard Corporate Offices. Mr. Mike Batie, Director of the
Department of Public Works made the Staff presentation. A motion
followed by Director Benafield for suspension of the rules and the
placing of the Ordinance on second reading. The motion was seconded
by Director Dailey, and 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 second reading of the
Ordinance followed, with a motion again being made by Director
Benafield and seconded by Director Shackelford, to further suspend the
rules and place the Ordinance on third and final reading. With the
motion having been 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, the Ordinance was read the
third and last time. The resulting Aye and No Vote taken on passage
of the Ordinance is herein recorded as follows: Ayes - Directors
Priest, Benafield, Hollingsworth, Shackelford, Dailey and Mayor
Villines - total 6; Noes - None; Absent - Director Bussey - total 1.
The Ordinance was then declared PASSED.
7"
fi
1
i
November 20, 1990, Cont'd.
The next presentation was a proposed Ordinance, entitled:
AN ORDINANCE AMENDING SECTION 34 -57 OF THE LITTLE ROCK CITY CODE
ESTABLISHING METER RATES FOR TAXICABS;
(Re: Share rides and meter rates.)
with the proposed Ordinance being read the second time. The first
reading occurred at the Board of Directors reconvened meeting held
November 14, 1990. A motion followed by Director Priest, seconded by
Director Dailey, and 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, that the Ordinance be read
the third and final time. The Ordinance was read the last time and
the Aye and No Vote taken on the question, Shall the Ordinance Pass,
received the following response: Ayes - None; Noes - Directors
Priest, Benafield, Hollingsworth, Shackelford, Dailey and Mayor
Villines - total 6; Absent - Director Bussey - total I. Mayor
Villines then announced that the Ordinance had FAILED TO PASS.
I The last matter to be considered was Ordinance No. 15,969, with
the title being:
AN ORDINANCE AMENDING SECTION 34 -57 OF THE LITTLE ROCK CITY CODE
TO PLACE A CEILING ON TAXICAB FARES TO BE CHARGED IN THE CITY OF
LITTLE ROCK;
and there was a second reading of the Ordinance with the first reading
having occurred at the reconvened Board of Directors Meeting on
November 14, 1990. Mr. Larry Carpenter, Attorney for Capitol Cab
Company, was present and requested that rates under the provisions of
the Ordinance be enacted effective December 1, 1990, but there was no
motion to amend the Ordinance to change the date from January 1, 1991.
A lengthy discussion followed. Director Priest made a motion,
seconded by Director Dailey, that "Section 1. (2) of the proposed
Ordinance regarding share rides be deleted, and that Section 1. (2)
now read ono more than $.75 per additional person shall be charged'."
The motion was unanimously adopted by the Board Members present. A
subsequent motion was then made by Director Dailey that the rules be
suspended and the Ordinance, as amended, be placed on third and final
reading. The motion was seconded by Director Priest and unanimously
adopted by the Board Members present being six in number and two -
thirds or more of the Board of Directors - elect, and the Ordinance, as
amended, was read the third and last time. The resulting Aye and No
Vote taken on passage of the Ordinance, as amended, is herein recorded
as follows: Ayes - Directors Priest, Benafield, Hollingsworth,
Shackelford, Dailey and Mayor Villines - total 6; Noes - None;
Absent - Director Bussey - total 1. Whereupon, the Ordinance, as
amended, was declared PASSED.
There being no further business to be presented, Mayor Villines
declared the meeting recessed at 9:45 o'clock P. M., with the Board of
Directors to reconvene at 1:30 o'clock P. M., Wednesday, November 28,
1990, to consider the proposed Ordinance on third reading to authorize
issuance of Industrial Development Revenue Bonds for Arkansas
Modification Center, Inc.
ATTEST: F6�_ 44_11/
City Clerk Jane Czech
APPROVED: q ` y J4 0-w, 14
Mayor Floyd G. Villines, III
* * * * * * * * * *
501
502
I
Board of Directors Chamber
Little Rock, Arkansas
I
November 28, 1990 - 1:30 P. M.
The Board of Directors of the City of Little Rock, Arkansas,
reconvened from the November 20, 1990, regular Board Meeting with
Mayor Floyd G. Villines presiding. Jane Czech, City Clerk, called the
roll with the following Directors present: Directors Priest,
Benafield, Hollingsworth, Bussey, Shackelford and Dailey - total 6;
Absent - None.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
To open the meeting, Mayor Villines announced that the purpose of
the reconvened meeting was to consider an Ordinance on third reading,
authorizing the issuance of Industrial Development Bonds for the
Arkansas Modification Center, Inc. The proposed Ordinance was read
the first time on September 12, 1990, followed by the second reading
on September 18, 1990.
'
Attorney Jane Dickey of the Rose Law Firm, explained some
proposed changes in the Ordinance and stated it would need to be
amended to alter the principal amounts and dates, and set a public
hearing for Tuesday, December 18, 1990 at 6:00 o'clock P. M., on the
issuance of the 1991 Series Bonds in the increased total principal
amount. Following Ms. Dickey's explanation, a motion was made by
Director Benafield, seconded by Director Priest, to amend the
Ordinance as requested. The motion was unanimously adopted by the
Board Members present. A subsequent motion was again made by Director
Benafield and seconded by Director Priest, to set the date for public
hearing on Tuesday, December 18, 1990 at 6 :00 P. M., on issuance of
the 1991 Series Bonds in the increased principal amount. The motion
was unanimously adopted by the Board Members present.
Following the adoption of the amendments, Ordinance No. 15,970,
as amended, was then presented entitled:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BONDS UNDER ARKANSAS CODE ANNOTATED SECTIONS 14- 164 -201 TO 224
(1987) FOR THE PURPOSE OF SECURING AND DEVELOPING INDUSTRY (THE
PARTICULAR INDUSTRIAL PROJECT IS DESCRIBED IN THE ORDINANCE);
RATIFYING AND AFFIRMING ORDINANCE NO. 15,930, ADOPTED SEPTEMBER 4,
1990, WHICH AUTHORIZED THE EXECUTION AND DELIVERY OF A BOND PURCHASE
AGREEMENT PROVIDING FOR THE SALE OF THE BONDS, THE EXECUTION AND
DELIVERY OF A TRUST INDENTURE SECURING THE BONDS, A LEASE AGREEMENT
BETWEEN THE CITY AND THE LITTLE ROCK MUNICIPAL AIRPORT COMMISSION AS
'
LESSOR AND ARKANSAS MODIFICATION CENTER, INC. AS LESSEE, AND THE
EXECUTION AND DELIVERY OF THE LEASE AGREEMENTS; AMENDING ORDINANCE NO.
15,930 TO ALTER THE PRINCIPAL AMOUNTS AND DATES; SETTING A PUBLIC
HEARING; PRESCRIBING MATTERS RELATING THERETO; AND DECLARING AN
EMERGENCY;
and the Ordinance, as amended, was read the third and last time. The
roll call vote taken on the question, Shall the Ordinance Pass,
received the following response: Ayes - Directors Priest, Benafield,
Hollingsworth, Bussey, Shackelford, Dailey and Mayor Villines - total
7; Noes - None; Absent - None.
The Emergency Clause contained in Section 8 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Priest, Benafield, Hollingsworth, Bussey,
Shackelford, Dailey and Mayor Villines - total 7; Noes - None;
Absent - None. Therefore, the Ordinance, as amended, together with
the Emergency Section, was declared PASSED.
At 1:45 o'clock P. M., Mayor Villines announced that the Board of
Directors would recess to executive session in the Board's Conference
Room, for the purpose of considering appointments and reappointments
to various Boards and Commissions.
November 28, 1990,' Cont'd.
When the Board of Directors reconvened at 2:15 o'clock P. M.,
from executive session, Mayor Villines presided and the following
Directors were present: Directors Priest, Benafield, Hollingsworth,
Bussey, Shackelford, Dailey and Mayor Villines - total 7; Absent -
None.
Resolution No. 8,407 was then presented, with the title being:
A RESOLUTION REAPPOINTING JESSIE W. MASON, JR. AS A COMMISSIONER
OF THE HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK, ARKANSAS;
(Arts Center - Mrs. David Banks, James Cobb, Watt Gregory, III, Mrs.
Gene Meyer appointed and Mrs. Dennis Davis reappointed; Arts &
Humanities - Ms. Dorothy Davis and Director Cyril Hollingsworth; Board
of Adjustment - Robert M. Brown; City Beautiful - William S. Cato;
City Safety - Michael Dwyer and Marvin Holloway; Planning Commission -
Stephen Leek and Connie Whitfield reappointed and George Wells
appointed; Port Authority - J. W. "Buddy" Benafield (eff. 1- 1 -91);
Sewer Commission - Ms. Brenda James; PIC - Ken Hiegel, Gerald Jones,
Joanne Jones, Helen Reed)
with the Resolution being read in its entirety. A motion was made by
Director Bussey and seconded by Director Dailey, that the Resolution
be adopted. The Resolution was adopted by unanimous voice vote of the
Board Members present.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 2:20 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, December 4,
1990, at 6:00 o'clock P. M.
ATTESC
City Clerk 4Jane4*C/zech
APPROVED:
Mayor Floyd Villines, III
* * * * * * * * * *
5t!3
(For a five -year term expiring October 16, 1995.)
and there was a complete reading of the Resolution. A motion was made
by Director Bussey and seconded by
Director Dailey, that the
Resolution be adopted. The Resolution
was adopted unanimously by
voice vote of the Board Members present.
The last matter to be considered
was Resolution No. 8,408,
entitled:
A RESOLUTION MAKING APPOINTMENTS
AND REAPPOINTMENTS TO THE
ARKANSAS ARTS CENTER BOARD OF TRUSTEES, ARTS AND HUMANITIES PROMOTION
COMMISSION, BOARD OF ADJUSTMENT, CITY BEAUTIFUL COMMISSION, CITY
'
SAFETY COMMISSION, LITTLE ROCK PLANNING
COMMISSION, LITTLE ROCK PORT
AUTHORITY, LITTLE ROCK SANITARY SEWER
COMMITTEE AND THE PRIVATE
INDUSTRY COUNCIL;
(Arts Center - Mrs. David Banks, James Cobb, Watt Gregory, III, Mrs.
Gene Meyer appointed and Mrs. Dennis Davis reappointed; Arts &
Humanities - Ms. Dorothy Davis and Director Cyril Hollingsworth; Board
of Adjustment - Robert M. Brown; City Beautiful - William S. Cato;
City Safety - Michael Dwyer and Marvin Holloway; Planning Commission -
Stephen Leek and Connie Whitfield reappointed and George Wells
appointed; Port Authority - J. W. "Buddy" Benafield (eff. 1- 1 -91);
Sewer Commission - Ms. Brenda James; PIC - Ken Hiegel, Gerald Jones,
Joanne Jones, Helen Reed)
with the Resolution being read in its entirety. A motion was made by
Director Bussey and seconded by Director Dailey, that the Resolution
be adopted. The Resolution was adopted by unanimous voice vote of the
Board Members present.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 2:20 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, December 4,
1990, at 6:00 o'clock P. M.
ATTESC
City Clerk 4Jane4*C/zech
APPROVED:
Mayor Floyd Villines, III
* * * * * * * * * *
5t!3
1
501.E
1
I
1
Board of Directors Chamber
Little Rock, Arkansas
December 4, 1990 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Villines presiding. City Clerk Jane
Czech called the roll with the following Directors present: Directors
Priest, Benafield, Hollingsworth and Dailey - total 4; Absent -
Directors Bussey and Shackelford - total 2.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Director Benafield.
The Consent Agenda was the first presentation, consisting of the
following items:
(a) The Minutes of the previous Board of Directors Meeting held
November 20, 1990, and the reconvened meeting held November 28, 1990.
'
(b) Resolution No. 8,409, described as:
A RESOLUTION AUTHORIZING THE EXTENSION OF THE LEASE FOR
AMUSEMENT RIDES AND CONCESSIONS AT WAR MEMORIAL PARK FOR A PERIOD OF
ONE YEAR; AND FOR OTHER PURPOSES. (Ending November 2, 1991)
(c) Resolution No. 81410, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
I
AWARD AN ANNUAL CONTRACT FOR THE PURCHASE OF OIL AND LUBRICANTS FOR
THE DEPARTMENT OF HUMAN AND GENERAL SERVICES /FLEET SERVICES DIVISION.
(Contract not to exceed $50,000.)
(d) Resolution No. 8,411, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH THE MEHLBURGER FIRM OF LITTLE ROCK FOR ENGINEERING
SERVICES FOR A SITE SELECTION STUDY FOR NEW LANDFILL FACILITIES.
(Contract not to exceed $35,000.)
By motion from Director Priest, seconded by Director Dailey,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held November 20, 1990, and the reconvened meeting
held November 28, 1990, were approved as written and summarized to the
Board of Directors; (b, c, and d) Resolutions No. 8,309, 8,310 and
,
8,311 were read in full and adopted by unanimous voice vote of the
Board Members present.
At the time allotted for Citizen Communications, Mr. Gary Hogan,
5106 Candlewick Lane, North Little Rock, thanked the Board of
Directors for past assistance with baseball facilities at Curran
Conway Field and presented tickets to a UALR Athletic Department
scholarship fund raiser to be held at the Lakewood Mexico Chiquito on
Monday, December 10, 1990.
Mr. Jerry Peters, 713 Beechwood, spoke in opposition to the
proposed "Diamond Center" stating that this was putting priorities in
the wrong direction and that the City should be more concerned with
human resources, such as fire and police pensions. He suggested that
the "Project 2000" Group look for private funding for the Diamond
Center.
Mr. Jim Lynch, 2109 Louisiana Street, read a prepared statement
regarding the selection of the City Director to be appointed to fill
the vacancy in Position 7, which will occur when Mayor Villines
resigns to become Pulaski County Judge in January. The statement was
filed with City Clerk Jane Czech.
Mr. Gene Eberle, 7822 Cantrell Road, presented a petition to the
Board of Directors with over 400 signatures requesting the widening of
Kanis Road east of I -430 to the junction of 12th Street and Rodney
Parham Road. Be asked that this be reinstated on the list of Bond
,
505
December 4, 1990, Cont'd.
Projects. Upon question, Mr. Mike Batie, Director of the Department
of Public Works, stated that the Kanis Road widening project is about
three years away. City Manager Tom Dalton advised that the portion of
Kanis Road covered in the petition is not in the Bond Issue. Director
Dailey requested a staff presentation on the growth pattern in that
area.
The last speaker at Citizen Communication time was Rev. Hezekiah
Stewart, 2310 South Harrison Street, Executive Director of the
Watershed Human and Community Development Agency. He spoke in favor of
the Diamond Center Project, stating this project would bring all
people together and represents a partial solution to deterioration of
the Central City.
Introduced next was Ordinance No. 15,971, entitled:
AN ORDINANCE AMENDING CHAPTERS 31 AND 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR CERTAIN
DEFINITION MODIFICATION, TECHNICAL AND PROCEDURAL REVISIONS.
(Re: Subdivision Regulations - Chapter 31; Zoning Regulations -
Chapter 36)
and after the first reading of the Ordinance, there was a motion by
Director Hollingsworth, seconded by Director Priest, to suspend the
' rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Hollingsworth and Priest, respectively, to further suspend the rules
and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board members present, being six in
number and two- thirds or more of the Board of Directors - elect, and the
third and last reading of the Ordinance ensued. An Aye and No vote
was taken on the question, Shall the Ordinance Pass, with the response
being: Ayes - Directors Benafield, Hollingsworth, Shackelford, Dailey,
Mayor Villines, and Director Priest - total 6; Noes - None; Absent -
Director Bussey - total 1. Therefore, it was announced that the
Ordinance had PASSED.
Consideration was then given to Ordinance No. 15,972, with the
title being:
AN ORDINANCE TO AMEND THE HIGHWAY 10 LAND USE PLAN SOUTH OF
CANTRELL ROAD FROM RUMMELL TO WEST OF BELLA ROSA AND OTHER MATTERS.
and after the first reading of the Ordinance, there was a motion by
Director Hollingsworth, seconded by Director Priest, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Mr. David Burton, 3325 Lakeview Road, asked the Board to consider
including a soccer complex in the Diamond Center Project, stating
there is a lack of soccer facilities in Central Arkansas. Mayor
Villines asked that a letter from Mr. Tom Ferstl, President of Pulaski
County Tax Payers Council, be made a part of the record. In his
letter, Mr. Ferstl also suggested that a soccer tournament complex be
included in the Diamond Project, as well as a baseball /softball
complex.
Mr. Jon Wickliffe, 105 Cullum Drive, North Little Rock, President
of the Student Government Association at the University of Arkansas at
Little Rock asked the Board to support the Diamond Center Project. He
stated that the UALR Student Government Association has voted to
endorse the proposed Diamond Center Project and would conduct voter
registration drives to get more students registered to support this
project, if this matter is placed on the ballot for public vote.
'
Mayor Villines stated that the Board would need to look at legal
options on going forward with the Diamond Center Project and asked
City Manager Tom Dalton to provide Board members with a list of legal
options to be considered.
Director Shackelford was enrolled.
The last speaker at Citizen Communication time was Rev. Hezekiah
Stewart, 2310 South Harrison Street, Executive Director of the
Watershed Human and Community Development Agency. He spoke in favor of
the Diamond Center Project, stating this project would bring all
people together and represents a partial solution to deterioration of
the Central City.
Introduced next was Ordinance No. 15,971, entitled:
AN ORDINANCE AMENDING CHAPTERS 31 AND 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR CERTAIN
DEFINITION MODIFICATION, TECHNICAL AND PROCEDURAL REVISIONS.
(Re: Subdivision Regulations - Chapter 31; Zoning Regulations -
Chapter 36)
and after the first reading of the Ordinance, there was a motion by
Director Hollingsworth, seconded by Director Priest, to suspend the
' rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Hollingsworth and Priest, respectively, to further suspend the rules
and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board members present, being six in
number and two- thirds or more of the Board of Directors - elect, and the
third and last reading of the Ordinance ensued. An Aye and No vote
was taken on the question, Shall the Ordinance Pass, with the response
being: Ayes - Directors Benafield, Hollingsworth, Shackelford, Dailey,
Mayor Villines, and Director Priest - total 6; Noes - None; Absent -
Director Bussey - total 1. Therefore, it was announced that the
Ordinance had PASSED.
Consideration was then given to Ordinance No. 15,972, with the
title being:
AN ORDINANCE TO AMEND THE HIGHWAY 10 LAND USE PLAN SOUTH OF
CANTRELL ROAD FROM RUMMELL TO WEST OF BELLA ROSA AND OTHER MATTERS.
and after the first reading of the Ordinance, there was a motion by
Director Hollingsworth, seconded by Director Priest, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
December 4, 1990, Cont'd.
i
Hollingsworth and Priest, respectively, to further suspend the rules
and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board members present, being six in
number and two- thirds or more of the Board of Directors - elect, and the
third and last reading of the Ordinance ensued. An Aye and No vote
was taken on the question, Shall the Ordinance Pass, with the response
being: Ayes - Directors Benafield, Hollingsworth, Shackelford, Dailey,
Mayor Villines, and Director Priest - total 6; Noes - None; Absent -
Director Hussey - total 1. Therefore, it was announced that the
Ordinance had PASSED.
Introduced next was Ordinance No. 15,973, entitled:
AN ORDINANCE AMENDING ORDINANCE NO. 15,857, WHICH RECLASSIFIED
PROPERTY LOCATED ON HIGHWAY NO. 10 AND RANCH BOULEVARD (Z- 4343 -B)
LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, TO CORRECT PROPERTY
DESCRIPTION; AND FOR OTHER PURPOSES.
(Correcting property description of Z- 4343 -B - located on Arkansas
State Highway No. 10 and Ranch Boulevard.)
and after the first reading of the Ordinance, there was a motion by
Director Hollingsworth, seconded by Director Priest, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Hollingsworth and Priest, respectively, to further suspend the rules
and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board members present, being six in
number and two - thirds or more of the Board of Directors - elect, and the
third and last reading of the Ordinance ensued. An Aye and No vote
was taken on the question, Shall the Ordinance Pass, with the response
being: Ayes - Directors Benafield, Hollingsworth, Shackelford, Dailey,
Mayor Villines, and Director Priest - total 6; Noes - None; Absent -
Director Hussey - total 1. Therefore, it was announced that the
Ordinance had PASSED.
Ordinance No. 15,974 was introduced, containing the following
caption:
AN ORDINANCE AMENDING ORDINANCE NUMBER 14,347 ESTABLISHING
ADMISSION FEES FOR THE LITTLE ROCK ZOO; AND FOR OTHER PURPOSES.
(Increasing admission fees effective January 1, 1991 and providing for
free admission on the last Saturday of each month from 9:30 a.m. to
11:30 a.m.)
and after the first reading of the Ordinance, there was a motion by
Director Hollingsworth, seconded by Director Priest, to suspend the
,
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Hollingsworth and Priest, respectively, to further suspend the rules
and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board members present, being six in
number and two - thirds or more of the Board of Directors - elect, and the
third and last reading of the Ordinance ensued. An Aye and No vote
was taken on the question, Shall the Ordinance Pass, with the response
being: Ayes - Directors Benafield, Hollingsworth, Shackelford, Dailey,
Mayor Villines, and Director Priest - total 6; Noes - None; Absent -
Director Hussey - total 1. Therefore, it was announced that the
Ordinance had PASSED.
The next matter to be considered was Ordinance No. 15,975,
entitled:
AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT OF FEES AND
CHARGES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS BY ARKANSAS POWER
AND LIGHT COMPANY AND THE METHOD OF PAYMENT THEREOF BEGINNING IN 1991;
AMENDING SECTION 9 OF ORDINANCE NO. 11,983, AND FOR OTHER PURPOSES.
and after the first reading of the Ordinance, there was a motion by
Director Hollingsworth, seconded by Director Priest, to suspend the
'
rules and place the Ordinance on second reading. The motion was
I
a k "7
1
December 4, 1990, Cont'd.
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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Hollingsworth and Priest, respectively, to further suspend the rules
and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board members present, being six in
number and two - thirds or more of the Board of Directors - elect, and the
third and last reading of the Ordinance ensued. An Aye and No vote
was taken on the question, Shall the Ordinance Pass, with the response
being: Ayes - Directors Benafield, Hollingsworth, Shackelford, Dailey,
Mayor Villines, and Director Priest - total 6; Noes - None; Absent -
Director Bussey - total I. Therefore, it was announced that the
Ordinance had PASSED.
Introduced next was Ordinance No. 15,976, entitled:
AN ORDINANCE AMENDING IN PART ORDINANCE NO. 11,366 TO PROVIDE FOR
LEVYING A FRANCHISE FEE TO BE PAID BY ARKANSAS LOUISIANA GAS COMPANY
FOR THE YEAR 1991; PROVIDING FOR THE PAYMENT THEREOF;
and after the first reading of the Ordinance, there was a motion by
' Director Hollingsworth, seconded by Director Priest, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Hollingsworth and Priest, respectively, to further suspend the rules
and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board members present, being six in
number and two- thirds or more of the Board of Directors- elect, and the
third and last reading of the Ordinance ensued. An Aye and No vote
was taken on the question, Shall the Ordinance Pass, with the response
being: Ayes - Directors Benafield, Hollingsworth, Shackelford, Dailey,
Mayor Villines, and Director Priest - total 6; Noes - None; Absent -
Director Bussey - total 1. Therefore, it was announced that the
Ordinance had PASSED.
The next matter to be considered was Ordinance No. 15,977,
entitled:
AN ORDINANCE LEVYING ADDITIONAL FRANCHISE FEES TO BE PAID BY
SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR 1991; AND PROVIDING
FOR THE PAYMENT THEREOF;
and after the first reading of the Ordinance, there was a motion by
Director Hollingsworth, seconded by Director Priest, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Hollingsworth and Priest, respectively, to further suspend the rules
and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board members present, being six in
number and two - thirds or more of the Board of Directors - elect, and the
third and last reading of the Ordinance ensued. An Aye and No vote
was taken on the question, Shall the Ordinance Pass, with the response
being: Ayes - Directors Benafield, Hollingsworth, Shackelford, Dailey,
Mayor Villines, and Director Priest - total 6; Noes - None; Absent -
Director Bussey - total 1. Therefore, it was announced that the
Ordinance had PASSED.
Ordinance No. 15,978 was introduced, containing the following
caption:
AN ORDINANCE TO AMEND THE OTTER CREEK LAND USE PLAN, SOUTH OF
MABELVALE WEST BETWEEN I -30 AND MABELVALE AND OTHER MATTERS;
with the Ordinance being read the first time. A motion followed
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Benefield, and unanimously adopted by the 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. The Ordinance was
' then read the second time. There was an ensuing motion made by
Director Dailey, seconded by Director Priest, that the rules be
5('S
December 4, 1990, Cont'd.
further suspended to provide for the third and final reading of the
Ordinance. The motion was adopted by unanimous vote of the members of
the Board of Directors present, being six in number and two - thirds or
more of the Board of Directors - elect. There was a third and last
reading of the Ordinance followed by an Aye and No vote taken on
passage of the Ordinance with the results recorded as follows: Ayes -
Directors Benafield, Hollingsworth, Shackelford, Dailey, Mayor
Villines, and Director Priest - total 6; Noes - None; Absent -
Director Bussey - total 1. The Ordinance was then declared PASSED.
Introduced next was Ordinance No. 15,979, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED PULASKI COUNTY DETENTION FACILITY
(Z -5360) 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 -5360 - A parcel of land located south of Roosevelt Road and west of
Woodrow Street for a regional jail.)
Mr. Jim Lawson, Director of the Department of Neighborhood
Revitalization and Planning, made a presentation, showing a map of the
development and explaining the improvements. He pointed out that
Roosevelt Road would be widened and that the improvements of Woodrow
Street and Brown Street would be deferred for three years and that
there was no request for street improvements to be waived. The
Ordinance was read the first time. A motion followed whereby the
rules were suspended to allow for the second reading of the Ordinance.
The motion was made by Director Priest, seconded by Director
Benefield, and unanimously adopted by the 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. The Ordinance was then read
the second time. There was an ensuing motion made by Director Dailey,
seconded by Director Priest, 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 the members of the Board of Directors
present, being six in number and two - thirds or more of the Board of
Directors - elect. There was a third and last reading of the Ordinance
followed by an Aye and No vote taken on passage of the Ordinance with
the results recorded as follows: Ayes - Directors Benafield,
Hollingsworth, Shackelford, Dailey, Mayor Villines, and Director
Priest - total 6; Noes - None; Absent - Director Bussey - total 1.
The Ordinance was then declared PASSED.
At this _time, Mayor Villines declared the Public Hearing open
regarding the removal of a commissioner of Sewer Improvement District
No. 147 (Hicks Inter Urban Addition).
A petition was filed in the City Clerk's Office on September 14,
1990, by Darcia M. Norwood, one of the three Commissioners of Sewer
Improvement District No. 147, requesting that the Little Rock Board of
Directors remove Mr. Frank Daley as a Commissioner of the District for
cause pursuant to Arkansas Code Annotated, Sec. 14- 88- 305(a), stating
he "has a conflict of interest with the District that has hindered and
frustrated the objectives, purposes and accomplishments of the
District and has otherwise acted with incompetence and willful
disregard for the District's best interest, all of which has and
continues to prevent the Board of Commissioners of Sewer Improvement
District #147 from functioning properly and continues to result in
excessive expense to the District and the real property owners within
the District."
The petition also requested that the Board of Directors consider
the necessity of appointing a replacement Commissioner for Mr. Ernest
Ekrut, who no longer owns property within the boundary of Sewer
Improvement District #147.
A motion was adopted on October 16, 1990, to set the Public
Hearing on this matter for November 6, 1990. On October 30, 1990 a
Request for Continuance /Delay was filed with City Clerk Jane Czech by
Karen K. Johnson, attorney for Mr. Frank Daley. At the Agenda Meeting
on October 31, 1990, the Board of Directors agreed to defer the Public
Hearing until November 20, 1990 at 6:00 o'clock P.M. At the November
20th Meeting there was a brief discussion on what constitutes cause
for removal from office and the matter was deferred until December 4,
1990.
1
L�
December 4, 1990, Cont'd.
Mayor Villines referred to a Memorandum from City Attorney Mark
Stodola regarding questions the Board of Directors had asked regarding
this matter, and suggested that the Board appoint a Special Master to
hear full details of the issue and that the City Attorney submit a
list of three or four people for the Board to consider on Wednesday,
December 12, 1990. City Attorney Mark Stodola stated that there are
two issues in the petition. One issue is the removal of Commissioner
Ernest Ekrut, who no longer owns property within the boundary of SID
#147. The other issue is the removal of Commissioner Frank Daley,
because of conflict of interest and incompetence.
Mr. Frank Daley, Commission Chairman of Sewer Improvement
District No. 147, speaking on behalf of some of the residents, stated
that "they want to know where the $150,000 grant money is that the
City Manager said they were coming up with. The law suit would never
have been filed if it wasn't for that. The other thing has to do with
the connection fees that the CDBG funds were supposed to have taken
care of. Some people have tried to get their service lines connected
and got the run - around. Where is that money? What are they supposed
to do, who do they talk to, what is the criteria ?" Mr. Daley
presented a petition signed by 17 property owners asking for the
removal of Darcia Norwood as a Commissioner and asked that this
petition be included for consideration by the Special Master.
Director Priest questioned the reference to $150,000 grant. Mr.
Daley stated this was promised early in 1989 when the Public Hearing
was held regarding CDBG funds. There was a discussion of the $150,000
referred to by Mr. Daley, whether this was grant money or CDBG funds.
The Board Members were in general agreement that they had asked the
' City Manager to see if funds were available for Sewer Improvement
District #147, but no commitments were made. The Board requested a
search of the records regarding this matter. Mayor Villines declared
the Public Hearing closed and asked City Attorney Mark Stodola to
present the Board with a list of three or four potential Masters to
consider at the reconvened meeting next Wednesday.
Mr. Daley again asked Mayor Villines to tell the people where to
go to apply for service connection fees. Mayor Villines stated that
the Board would have to verify the information to see if funds are
available.
At 7:40 o'clock P.M. Mayor Villines announced there would be a
ten minute recess.
When the Board of Directors reconvened at 7:50 o'clock P.M.,
Mayor Villines presided and the following Directors were present:
Directors Priest, Benafield, Hollingsworth, Shackelford and Dailey -
total 5; Absent - Director Bussey - total 1.
The next presentation was a proposed Resolution entitled:
A RESOLUTION GRANTING AN EXCLUSIVE FRANCHISE TO JIM SHUE FOR
EXCLUSIVE USE OF A DRIVEWAY ACROSS CITY PROPERTY.
(Across Allsopp Park to connect with Cedar Hill Road)
' (See Minutes of November 20, 1990) Mayor Villines referred to the
legal opinion of City Attorney Mark Stodola dated November 19, 1990,
In the case of Mr. Ekrut, the requirements for removal were not
submitted with the petition so the Board can defer the issue for the
Special Master to determine the facts, or the Board can determine that
the petition does not contain sufficient requisites, that is, the
petition must be signed by five (5) property owners and accompanied by
an Abstractor's Certificate that corroborates the issue of no longer
owning property in the district.
Attorney Karen Johnson, representing Mr. Frank Daley, stated that
the petition was not clear as to why the parties were to be removed -
just a general charge of incompetence. She reminded the Board Members
that they had questioned what constitutes legal cause. She pointed
out that in 1984 a Special Master (Attorney Wayne Lee) had been
regarding the removal of a commissioner in Sewer
appointed,
Improvement District No. 142 and the court transcript shows that proof
must be made that the commissioner has acted intentionally, willfully
or corruptly or with evil intent or purpose - these are legal cause.
In conclusion Ms. Johnson asked for a two - thirds vote from the Board
Members on appointing a Special Master.
Mr. Frank Daley, Commission Chairman of Sewer Improvement
District No. 147, speaking on behalf of some of the residents, stated
that "they want to know where the $150,000 grant money is that the
City Manager said they were coming up with. The law suit would never
have been filed if it wasn't for that. The other thing has to do with
the connection fees that the CDBG funds were supposed to have taken
care of. Some people have tried to get their service lines connected
and got the run - around. Where is that money? What are they supposed
to do, who do they talk to, what is the criteria ?" Mr. Daley
presented a petition signed by 17 property owners asking for the
removal of Darcia Norwood as a Commissioner and asked that this
petition be included for consideration by the Special Master.
Director Priest questioned the reference to $150,000 grant. Mr.
Daley stated this was promised early in 1989 when the Public Hearing
was held regarding CDBG funds. There was a discussion of the $150,000
referred to by Mr. Daley, whether this was grant money or CDBG funds.
The Board Members were in general agreement that they had asked the
' City Manager to see if funds were available for Sewer Improvement
District #147, but no commitments were made. The Board requested a
search of the records regarding this matter. Mayor Villines declared
the Public Hearing closed and asked City Attorney Mark Stodola to
present the Board with a list of three or four potential Masters to
consider at the reconvened meeting next Wednesday.
Mr. Daley again asked Mayor Villines to tell the people where to
go to apply for service connection fees. Mayor Villines stated that
the Board would have to verify the information to see if funds are
available.
At 7:40 o'clock P.M. Mayor Villines announced there would be a
ten minute recess.
When the Board of Directors reconvened at 7:50 o'clock P.M.,
Mayor Villines presided and the following Directors were present:
Directors Priest, Benafield, Hollingsworth, Shackelford and Dailey -
total 5; Absent - Director Bussey - total 1.
The next presentation was a proposed Resolution entitled:
A RESOLUTION GRANTING AN EXCLUSIVE FRANCHISE TO JIM SHUE FOR
EXCLUSIVE USE OF A DRIVEWAY ACROSS CITY PROPERTY.
(Across Allsopp Park to connect with Cedar Hill Road)
' (See Minutes of November 20, 1990) Mayor Villines referred to the
legal opinion of City Attorney Mark Stodola dated November 19, 1990,
��1Q1
December 4, 1990, Cont'd.
that Arkansas Code requires competitive bidding on the sale of park
land but the Board could grant a franchise and charge an annual fee
for the use of park land. Mr. Romer Tanner, Attorney, representing
Mr. Jim Shue owner of Lot 38, Cedar Hill Terrace Addition, again asked
the Board of Directors to provide Mr. Shue access to his property,
whether it be by franchise or sale of a portion of park land. Mr.
Tanner reviewed the background of the request. (Resolution No. 8,335
adopted July 17, 1990, granted Townshouses -in- the -Park an exclusive
franchise for a driveway across Allsopp Park to Cedar Hill Road and
allowed Mr. Shue a 90 day temporary access to his property by use of
the driveway off Cedar Hill Road.) Director Hollingsworth suggested
requiring a covenant from Mr. Shue to maintain the trees, ground
coverage and vegetation. Director Priest moved that the City grant a
franchise for the driveway with the covenant included and asked the
attorneys to negotiate the fee. There was a lengthy discussion on
granting a franchise versus selling the wedge of park land consisting
of 1700 square feet at $1.00 per square foot. City Attorney Mark
Stodola stated that the City always reserves the right to revoke a
franchise, if a public need of superior use occurs. There was no
second to the motion. The discussion continued with the Board of
Directors giving direction to City Attorney Mark Stodola to prepare an
agreement to lease the property to Mr. Shue at a reasonable fee and to
include the covenant to maintain the ground coverage and vegetation.
The Resolution was not presented. The Board will consider this matter
at its reconvened meeting on Wednesday, December 12, 1990 at 1:30
o'clock P.M.
The last matter to be considered was Resolution No. 8,412
entitled:
I
A RESOLUTION MAKING APPOINTMENTS TO THE CENTRAL ARKANSAS TRANSIT
AUTHORITY AND THE BOARD OF ELECTRICAL CODE APPEALS.
(Central Arkansas Transit Authority - Mr. Douglas L. Hardin appointed;
Board of Electrical Code Appeals - Mr. Lonnie L. Buie, Jr. and Mr.
Brode D. Morgan appointed.)
with the resolution being read in its entirety. A motion was made by
Director Hollingsworth, seconded by Director Priest, that the
Resolution be adopted. The Resolution was adopted unanimously by
voice vote of the Board Members present.
There being no further business to be presented, Mayor Villines
declared the meeting recessed at 8:20 o'clock P.M. with the Board of
Directors to reconvene at 1:30 P.M. on Wednesday, December 12, 1990 to
consider appointing a Special Master to hear the petition for removal
of Commissioners in Hicks Inter Urban Sewer Improvement District No.
147, and to consider granting the franchise to Mr. Jim Shue for a
driveway across Allsopp Park.
ATTESTY 4X-C-& APPROVED:
City Clerk Jane Czech Mayor Floyd G. Villines, III(
* * * * * * * * * * * *
Board of Directors Chamber
Little Rock, Arkansas
December 12, 1990 - 1:40 P. M.
The Board of Directors reconvened from the regular December 4,
1990 Board Meeting with Mayor Villines presiding. Directors Priest,
Benafield, Hollingsworth, Bussey and Shackelford answered roll call by
City Clerk Jane Czech. Director Dailey was absent.
With a quorum present, Mayor Villines declared the Board of
Directors in session and stated the reconvened meeting was for the
purpose of considering a Resolution to appoint a Master to conduct a
hearing on the petition for removal of a Sewer Improvement District
#147 Commissioner, and a Resolution authorizing the City Manager to
execute a franchise agreement with Jim Shue for a driveway across City
property.
The first presentation was a proposed Resolution entitled:
A RESOLUTION APPOINTING A MASTER TO CONDUCT A HEARING ON THE
PETITION FOR REMOVAL OF A SEWER IMPROVEMENT DISTRICT #147
COMMISSIONER;
and the City Clerk read the Resolution. At 1:43 P. M. Mayor Villines
announced the Board would recess to executive session for discussion,
due to the nature of the circumstances.
When the Board reconvened at 2:06 P. M. from executive session,
Mayor Villines, Directors Priest, Benafield, Hollingsworth, Bussey and
Shackelford answered roll call. Director Dailey was absent.
There was no motion and second for adoption of the proposed
Resolution as read, but Mayor Villines advised that a substitute
Resolution was in order following the Board of Directors' discussion
in executive session. Resolution No. 8,413 was then presented, with
the title being:
A RESOLUTION DIRECTING THE CITY ATTORNEY TO APPOINT A QUALIFIED
MASTER TO CONDUCT A HEARING ON THE PETITION FOR REMOVAL OF A SEWER
IMPROVEMENT DISTRICT #147 COMMISSIONER;
and there was a complete reading of the Resolution. A motion followed
by Director Benafield and seconded by Director Priest, that the
Resolution be adopted. The Resolution was adopted by the following
vote: Directors Priest, Benafield, Bussey, Shackelford and Mayor
Villines - total 5; Noes - None; Abstentions - Director
Hollingsworth - total 1; Absent - Director Dailey - total 1.
At this point in the meeting, Director Benafield advised that the
evaluation of City Manager Tom Dalton and City Attorney Mark Stodola
had been conducted, and that both received "high marks." He then
moved, seconded by Diretor Bussey, that Mr. Dalton and Mr. Stodola
receive a 2.58 bonus now, and that Mr. Dalton receive an 88 salary
increase effective January 1, 1991." (The 88 represents 28 non-
uniform employees received 1 -1 -90, plus 68 non - uniform employees will
receive 1- 1 -91.) The motion was unanimously adopted by voice vote of
the Board Members present.
Consideration was then given to Resolution No. 8,414, containing
the following caption:
A RESOLUTION GRANTING A FRANCHISE TO JIM SHUE FOR EXCLUSIVE USE
OF A DRIVEWAY ACROSS CITY PROPERTY;
(Across Allsopp Park - $15,000 franchise fee for the first thirty
years; $20,000 for the second thirty year term; $25,000 for the third
thirty year term; To be renegotiated thereafter.)
with the Resolution being read in its entirety. A motion was made by
Director Priest and seconded by Director Shackelford, that the
Resolution be adopted. The Resolution was adopted by voice vote of
the Board Members present.
5_JL
5i 2
I'll
December '12', 1990, Cont'd.
Mr. Steve Rostenberg, 109 Ridgeway, presented a prepared
statement to the Board of Directors addressing the need for a soccer
program in the City of Little Rock, and the need for soccer fields.
In his remarks he suggested that soccer fields be constructed at
Murray Park and that they be named "Murray Park Soccer Park." He
estimated the cost would be $25,000 to fulfill his recommendations,
and added; "which I'm asking for today." Mayor Villines requested
Mr. Rostenberg to provide City Manager Tom Dalton with a copy of his
recommendations for review.
A lengthy discussion ensued regarding the development of Project
2000 which includes the Diamond Center, a multipurpose events center,
arts complex and education and trade centers downtown, and expansions
of the Statehouse Convention Center and War Memorial Stadium.
Director Bussey opened the discussion saying, "I want the Diamond
Project put on the Agenda for next Tuesday." Mr. B. Finley Vinson, a
member of the Advertising and Promotion Commission, spoke in strong
support of the proposal and reminded the Board that construction of
the Statehouse Convention Center and Excelsior Hotel revitalized the
Arkansas River front. But, he warned, "if Project 2000 is to proceed
and be accomplished, it must have full support from this board." He
further commented, "it's time this board joined the rest of the
community in support of this project." Mr. David Porter, 408 Burnside
Drive, spoke in strong support of Project 2000 and encouraged the
'
Board of Directors to also support the project. Mr. Jim Lynch, 2109
Louisiana Street, President of the Little Rock Neighborhood Coalition,
urged the Board not to act hastily on this project and stressed basic
needs of the community. Mr. Gus Blass, chairman of an executive
committee for the project, complained that he learned indirectly of
the City Manager's plans for an independent study. He said the City
was going to go out and study this thing to death. Referring to plans
for skyboxes at War Memorial Stadium, Mr. Blass said he would go with
what Warren Stephens says they can sell skyboxes for. He further
stated the City shouldn't wait until Governor Bill Clinton raises
taxes at the legislative session, the economy goes into a recession,
war breaks out in the Middle East or the momentum dies from this
year's Razorback basketball season, to proceed with the project. Mr.
Dalton reminded the Board that when it refers the issue to-voters, it .
'becomes the-C ty_'- project. Board Members should have 'a comfort that'
the cost and operating estimate`s' °are accurate, and -that the Board' '
should have the right to get an independent,;professional analysis, he
said. Coming to Mr. Dalton's defense, Director Benafield said'; "it is
the Board, not the City Manager, that would decide about the
independent study." In a general discussion among Board Members, all
the Directors voiced support for the project, but wanted more facts
and figures concerning the development. Director Shackelford said she
was excited about the project, adding, "I don't like being told we are
stopping a project - we are saying we need more time and information,
and then we keep getting blasted for that - I don't like all the
comments I'm beginning to hear." In concluding the discussion, Mayor
Villines said requests for proposals for those who would like one, can
'
be obtained from City Manager Tom Dalton.
There being no further business to be presented, Mayor Villines
declared the meeting adjourned at 3:20 o'clock P. M., with the Board
of Directors to convene in regular session on Tuesday, December 18,
1990, at 6:00 o'clock P. M.
ATTEST l!? APPROVED • z
City Clerk Jane Czech Mayor Floyd G. Villines, III
513
Board of Directors Chamber
Little Rock, Arkansas
December 18, 1990 - 5:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Floyd G. Villines presiding. City Clerk
Jane Czech was present and called the roll with the following
Directors in attendance: Directors Priest, Benafield, Hollingsworth,
Shackelford and Dailey - total 5; Absent - Director Bussey - total 1.
(Note: Due to discussion on the 1991 Budget, the Board meeting was
unofficially changed to 5:00 P. M.)
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The Invocation was given by Director Hollingsworth.
The first presentation was the Consent Agenda consisting of the
following items:
(a) The reading of the Minutes of the previous Board of
Directors Meeting held`Decemb�er 4, 1990 and the reconvened meeting
held December 12, 1990.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of October, 1990.
(c) Resolution No. 8,415, entitled:
A RESOLUTION PROVIDING FOR THE INSTALLATION OF FIRE
HYDRANTS WITHIN THE CITY OF LITTLE ROCK FOR THE YEAR 1991; AND FOR
OTHER PURPOSES.
(d) Resolution No. 8,416, with the title being:
A RESOLUTION AUTHORIZING THE CITY OF LITTLE ROCK TO
ACCEPT, MAINTAIN, AND OPERATE STREET LIGHTING UPON CERTAIN SECTIONS OF
CHENAL PARKWAY, DECLARING AN EMERGENCY, AND FOR OTHER MATTERS.
(e) Resolution No. 8,417, described as:
A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS IN THE
SPECIAL PROJECTS FUND. (Transfer of $71,700 from the unappropriated
balance of the Special Projects Fund to the Street Resurfacing
Project, Account No. 210 -220- 0141.)
(f) Resolution No. 8,418, containing the following caption:
A RESOLUTION ALLOCATING 1988 CAPITAL IMPROVEMENT BOND FUNDS
FOR WIDENING OF CHICOT ROAD, FROM PRESTON DRIVE TO MILFORD DRIVE.
(Not to exceed $120,000.)
(g) Resolution No. 8,419, entitled:
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GIFT OF A
70 ACRE TRACT OF LAND SOUTH OF ALEXANDER ROAD FOR USE AS A CITY PARK.
(Gift from Mr. David Jones.)
By a motion from Director Shackelford, seconded by Director Dailey,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held December 4, 1990 and the reconvened meeting held
December 12, 1990, were approved as written and summarized to members
of the Board of Directors; (b) The Comparative Statement of Income
Account of the Little Rock Municipal Water Works for the month of
October, 1990, was received and filed; and (c, d, e, f & g)
Resolutions No. 8,415, 8,416, 8,417, 8,418 and 8,419 were read in full
and unanimously adopted by the Board Members present.
At the time allotted for Citizen Communications, Mr. David Jones,
a member of the Little Rock Ambulance Authority, presented plaques to
outgoing Board Members, Directors Benafield and Bussey and Mayor
Villines, and expressed appreciation for their support of MEMS
(Metropolitan Emergency Medical Services).
514
4
December 18, 1990, Cont''d.
Director Dailey introduced his son, Dalton Dailey, Jr. and friend
Dwayne Shelton, who were present to observe the Board Meeting.
Mr. Jim Moses, 412 Midland St., Co- Chairman of Project 2000,
addressed the Board regarding the Diamond Center Project and thanked
the City Directors for working with Project 2000, stating that Project
2000 officials understood the City Directors were concerned about
other needs at this time. He pledged support to the Board in bringing
Project 2000 to a reality. (There had been an Ordinance on the Agenda
calling for an election on a one cent sales tax increase to finance
the project, but the proposed Ordinance was removed from the Agenda
prior to the meeting.)
The last speaker under Citizen Communications was Mr. Sterling
Cockrill, Executive Director of Metrocentre Improvement District No.
1. He read a Resolution approved by Metrocentre urging the City of
Little Rock to complete its-analysis of Project 2000-in-'time to permit
an election on the method of financing within 60 days, and to develop
long -range plans for the eventual construction of additional parking
facilities in the vicinity of the Little Rock Convention Center.
Consideration was then given to Ordinance No. 15,980, entitled:
AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF
LITTLE ROCK FOR THE PERIOD BEGINNING JANUARY 1, 1991, AND ENDING
DECEMBER 31, 1991; APPROPRIATING FUNDS FOR EACH AND EVERY CLASS OF
EXPENDITURE THEREIN PROVIDED; AND DECLARING AN EMERGENCY;
Mr. Farris Hensley, representing the Fraternal Order of Police,
addressed the Board regarding the gravity of the situation on the
streets of Little Rock, stating that public safety must be the first
priority. He asked Board members to pose questions about the proposed
appropriations. (1) Does this directly affect public safety - does it
serve to equip or facilitate the efforts of policemen, firemen, or
ambulance workers? (2) Does this help maintain the streets, traffic
lights or other public works? and (3) Does it aid in collection and
disposal of garbage? In conclusion, he asked the Board to prioritize
the budget funding so desperately needed to maintain order, put out
fires, pick up garbage and give the street people the funds needed to
protect the City and make it a safer place to live.
Upon question by Director Hollingsworth, Judge Marion Humphrey,
Municipal Court - Criminal Division, spoke regarding funding for a
Pretrial Release Program, which would generate approximately an
additional $50,000 in revenues and enable Criminal Court to have a
full time probation officer, a part time probation officer, and a
probation administrative assistant.
(Director Bussey enrolled.)
A discussion then followed on the projected revenues and expenses in
the Criminal Court Budget. Mayor Villines stated that since the
Ordinance had not been read, the changes would be made to the
construction of-the proposed Ordinance. Director Shackelford moved
that $44,000 be added to both the expense and fine revenue budgets for
Municipal Court - Criminal Division. The motion was seconded by
Director Dailey and unanimously adopted by voice vote of the Board
members present.
Director Hollingsworth requested Mr. Jim Lawson, Director of the
Department of Neighborhoods and Planning, to enlighten the Board on
new programs and revenue projections for that department. Mr. Lawson
explained that staff had looked at the requests for new programs''and
proposed no new fee increases on residential building permits, only on
commercial building permits. He stated that an agreement had been
reached with ABC and AGC on a 1.5 cent increase. That would produce
revenue up to $66,000, which would be $6,000 short of the $72,000
needed to fund two new positions (Plans Examiner Assistant and Codes
Enforcement Coordinator) including a car and 25% fringe benefits. A
1.75 cent increase would produce revenue of $72,539 against an expense
of $72,994. Director Dailey asked City Manager Tom Dalton to come up
with some sort of goals. City Manager Tom Dalton recommended, if the
Board approves the 1.75 cent increase, that this meeting be recessed
until December 26, 1990 and that an ordinance be enacted to provide
for the rate increase. Director Dailey said he would like an ordinance
prepared on the rate increase for the December 26th meeting. There
was no motion regarding the budget for the Department of Neighborhoods
and Planning.
1
December 18, 1990, Contd.
There being no further discussion, the Ordinance was read the
first time. There was a motion and second by Directors Dailey and
Shackelford, respectively, to suspend the rules and place the
Ordinance on second reading. The motion was unanimously adopted by
the members of the Board of Directors present, being seven in number
and two- thirds or more of the members of the Board of Directors - elect,
and the second reading of the Ordinance ensued. A subsequent motion
was made by Director Priest, seconded by Director Shackelford, to
further suspend the rules and place the Ordinance on third and final
reading. The motion was unanimously adopted by the Board members
present, being seven in number and two - thirds or more of the Board of
Directors - elect. There was a third and final reading of the Ordinance
after which an Aye and No vote was taken on passage of the Ordinance
and resulted as follows: Ayes - Directors Hollingsworth, Bussey,
Shackelford and Dailey, Mayor Villines, Directors Priest and Benafield
- total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 13 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Hollingsworth, Bussey, Shackelford and Dailey, Mayor
Villines, Directors Priest and Benafield - total 7; Noes - None;
Absent - None. Therefore, the Ordinance, together with the Emergency
I� Section, was then declared PASSED.
(Director Bussey was excused.)
Zoning Application No. Z- 2241 -A was the next presentation. The
application was filed by Robert M. Brown Development Consultants for
The Centers for Youth and Families, to rezone 6501 West 12th Street,
from "R -5" Urban Residence District to "0-1" Quiet Office District.
No opposition was presented to the reclassification and Ordinance No.
15,981 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- 2241 -A - To rezone 6501 West 12th Street, described as Lot C -2 per
replat of Tract C of the amended plat University Park Recreational,
Educational and Remedial Facilities Plat, containing 7.6 acres, from
"R -5" Urban Residence District to "O -1" Quiet Office District.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Shackelford, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest
and Shackelford, respectively, to further suspend the rules and place
the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being six 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. The Aye and
No Vote taken on passage of the Ordinance received the following
515
Director Benafield
referred to his memo of December 13, 1990,
regarding additional funding for the Police Department, and asked
Police Chief Caudell to
explain the various proposals and to state the
bare minimum amount of
additional funding needed. Following Chief
Caudell's presentation,
a motion was made by Mayor Villines, seconded
by Director Benafield,
to increase the Police Budget by $600,000 and
remove $600,000 from
the 58 capital reserve budget. Director
Shackelford asked that the City Manager give Board Members a breakdown
or summary of cuts made
this year and last year and requested a more
detailed analysis of what the City needs to do to curtail crime in
Little Rock. After further
discussion, Mayor Villines and Director
Benafield withdrew the
foregoing motion and second. Mayor Villines
then moved that the 58
set aside for capital needs will no longer be
5% but should be 2$,
that the operating budget for the Police
Department be increased
$600,000; that the amount of $1,000,000 that
was appropriated to the rainy day fund be reduced to $500,000, and
that the other $500,000
of the $1,000,000 be allocated to the special
projects capital fund.
The motion was seconded by Director Benafield,
and unanimously adopted
by voice vote of the Board members present.
There being no further discussion, the Ordinance was read the
first time. There was a motion and second by Directors Dailey and
Shackelford, respectively, to suspend the rules and place the
Ordinance on second reading. The motion was unanimously adopted by
the members of the Board of Directors present, being seven in number
and two- thirds or more of the members of the Board of Directors - elect,
and the second reading of the Ordinance ensued. A subsequent motion
was made by Director Priest, seconded by Director Shackelford, to
further suspend the rules and place the Ordinance on third and final
reading. The motion was unanimously adopted by the Board members
present, being seven in number and two - thirds or more of the Board of
Directors - elect. There was a third and final reading of the Ordinance
after which an Aye and No vote was taken on passage of the Ordinance
and resulted as follows: Ayes - Directors Hollingsworth, Bussey,
Shackelford and Dailey, Mayor Villines, Directors Priest and Benafield
- total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 13 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Hollingsworth, Bussey, Shackelford and Dailey, Mayor
Villines, Directors Priest and Benafield - total 7; Noes - None;
Absent - None. Therefore, the Ordinance, together with the Emergency
I� Section, was then declared PASSED.
(Director Bussey was excused.)
Zoning Application No. Z- 2241 -A was the next presentation. The
application was filed by Robert M. Brown Development Consultants for
The Centers for Youth and Families, to rezone 6501 West 12th Street,
from "R -5" Urban Residence District to "0-1" Quiet Office District.
No opposition was presented to the reclassification and Ordinance No.
15,981 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- 2241 -A - To rezone 6501 West 12th Street, described as Lot C -2 per
replat of Tract C of the amended plat University Park Recreational,
Educational and Remedial Facilities Plat, containing 7.6 acres, from
"R -5" Urban Residence District to "O -1" Quiet Office District.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Shackelford, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest
and Shackelford, respectively, to further suspend the rules and place
the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being six 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. The Aye and
No Vote taken on passage of the Ordinance received the following
515
516
December 18, 1990, Cont'd.
response: Ayes - Directors
Villines, Directors Priest
Absent - Director Bussey -
PASSED.
Hollingsworth, Shackelford, Dailey, Mayor
and Benafield -• total 6; Noes - None; -
total 1. The Ordinance was then declared
Consideration was then .-given to Ordinance No.- 15,982, described
as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF BUILDING
SETBACKS, STREET IMPROVEMENTS ON EAST 8TH AND REICHARDT STREETS AND
THE ORDINANCE 15,519, OF THE MASTER STREET PLAN, PROVIDING FOR A
WAIVER OF RIGHT -OF -WAY DEDICATION ON EAST 8TH STREET;
(Waiver of certain requirements within the Subdivision Regulations of
the City of Little Rock for Big R /Artic Ice Replat.)
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Shackelford, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the 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 a, second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Priest, seconded by Director
Shackelford, and 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. - The Ordinance was read the
third and last time, and there was an Aye and No Vote taken on passage
of the Ordinance with the response being: Ayes - Directors
Hollingsworth, Shackelford, Dailey, Mayor Villines, Directors Priest
and Benafield - -total 6; Noes - None; Absent - Director Bussey -
total 1. Whereupon, the Ordinance was declared PASSED.
Introduced at this time was Ordinance No. 15,983, containing 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 SIDEWALKS,
(To provide for a waiver of sidewalks except on Lot 7, 8 frontages ",
located at the NW corner of Chenal Parkway and Chenal Valley.)
with the Ordinance being read the first time. A motion followed
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Priest, seconded by
Director Shackelford, and 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. The Ordinance was then
read the second time. There was an ensuing motion made by Director
Priest and again seconded by Director Shackelford, 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 the members of
the Board of Directors - elect. There was a third and last reading of
the Ordinance followed by an Aye and No Vote taken on passage of the
Ordinance with the response being: Ayes - Directors Hollingsworth,
Shackelford, Dailey, Mayor Villines, Directors Priest and Benafield -
total 6; Noes - None; Absent - Director Bussey - total 1.
Therefore, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 15,984, containing the
following heading:
AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE
CITY OF LITTLE ROCK, ARKANSAS, AND MAKING SAME A PART OF THE CITY OF
LITTLE ROCK, ARKANSAS;
(Tracts A and B owned by the 3 -M Company located generally north and
east of the Highway 365 and 3 -M Road intersection, and generally east
and north of the intersection of West 65th Street and Arch Street
Pike, respectively. Court Order dated November 6, 1990.)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Shackelford, to suspend the
rules and place the Ordinance on second reading. 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
December 18, 1990, Contd
of Directors - elect. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Priest
and Shackelford, respectively, to further suspend the rules and place
the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being six in number
and two - thirds or more of the members of the Board of Directors - elect,
and the third and final reading of the Ordinance ensued. The
question, Shall the Ordinance Pass, was submitted to an Aye and No
Vote, which received the following response: Ayes Directors
Hollingsworth, Shackelford, Dailey, Mayor Villines, Directors Priest
and Benafield - total 6; Noes - None; Absent - Director Hussey -
total 1. The Ordinance was then declared PASSED.
Zoning Application Z -5382 filed by Attorney Guy Amsler, Jr., for
the Minnesota Mining and Manufacturing Company, was considered next.
The application to rezone Tracts A and B, owned by the 3 -M Company,
from "R -2" Single - family District to "Mn Mining District, was approved
by the Planning Commission on December 4, 1990. No opposition to the
rezoning was presented and Ordinance No. 15,985 was introduced with
the title being:
A public hearing had been scheduled to consider an Ordinance to
amend Ordinance No. 15,930 adopted September 4, 1990, and Ordinance
No. 15,970, adopted November 28, 1990, to increase the principal
amount of bonds authorized thereby to $14,105,000, as requested by
Arkansas Modification Center, Inc. Mayor Villines declared the public
hearing open and when no one appeared to speak in opposition to the
proposal, he declared the public hearing closed and Ordinance No.
15,986 was presented, entitled:
AN ORDINANCE AMENDING ORDINANCE NO. 15,930, ADOPTED SEPTEMBER 4,
1990, AND ORDINANCE NO. 15,970, ADOPTED NOVEMBER 28, 1990, TO INCREASE
THE PRINCIPAL AMOUNT OF BONDS AUTHORIZED THEREBY TO $14,105,000;
PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN
EMERGENCY;
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Shackelford, to suspend the
rules and place the Ordinance on second reading. 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 second reading of the Ordinance.followed, with
a motion again being made by Director Priest, seconded by Director
Shackelford, to further suspend the rules and place the Ordinance on
third and final reading. with the motion having been 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, the Ordinance was read the third and last time. The
question, Shall the Ordinance Pass, was submitted to an Aye and No
Vote, which is recorded as follows: Ayes - Directors Hollingsworth,
Shackelford, Dailey, Mayor Villines, Directors Priest and Benafield -
total 6; Noes - None; Absent - Director Hussey - total 1.
f,
517
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 -5382 - To rezone Tracts A and B, owned by the 3 -M Company, from "R-
2" Single - family District to "M" Mining District.)
with the Ordinance being read the first time, followed by a motion
from Director Priest to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Shackelford and
adopted by unanimous vote of the Board Members present, being six in
number and two- thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Priest and
Shackelford, respectively, and unanimously adopted by the Board
Members present,. being six 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 there was an Aye and No Vote taken on the
question, Shall the Ordinance Pass, with the results recorded as
follows: Ayes - Directors Hollingsworth, Shackelford, Dailey, Mayor
Villines, Directors Priest and Benafield - total 6; Noes - None;
Absent - Director Bussey - total 1. Mayor Villines then announced
that the Ordinance had PASSED.
A public hearing had been scheduled to consider an Ordinance to
amend Ordinance No. 15,930 adopted September 4, 1990, and Ordinance
No. 15,970, adopted November 28, 1990, to increase the principal
amount of bonds authorized thereby to $14,105,000, as requested by
Arkansas Modification Center, Inc. Mayor Villines declared the public
hearing open and when no one appeared to speak in opposition to the
proposal, he declared the public hearing closed and Ordinance No.
15,986 was presented, entitled:
AN ORDINANCE AMENDING ORDINANCE NO. 15,930, ADOPTED SEPTEMBER 4,
1990, AND ORDINANCE NO. 15,970, ADOPTED NOVEMBER 28, 1990, TO INCREASE
THE PRINCIPAL AMOUNT OF BONDS AUTHORIZED THEREBY TO $14,105,000;
PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN
EMERGENCY;
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Shackelford, to suspend the
rules and place the Ordinance on second reading. 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 second reading of the Ordinance.followed, with
a motion again being made by Director Priest, seconded by Director
Shackelford, to further suspend the rules and place the Ordinance on
third and final reading. with the motion having been 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, the Ordinance was read the third and last time. The
question, Shall the Ordinance Pass, was submitted to an Aye and No
Vote, which is recorded as follows: Ayes - Directors Hollingsworth,
Shackelford, Dailey, Mayor Villines, Directors Priest and Benafield -
total 6; Noes - None; Absent - Director Hussey - total 1.
f,
517
1�
December 18, 1990, Cont'd.
I
The Emergency Clause contained in Section 4 of the foregoing
'
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Hollingsworth, Shackelford, Dailey, Mayor Villines,
Directors Priest and Benafield - total 6; Noes - None; Absent -
Director Bussey - total 1. whereupon, the Ordinance, together with
the Emergency Section, was then declared PASSED.
Ordinance No. 15,987 was next presented, described as:
AN ORDINANCE APPROPRIATING FUNDS RECEIVED BY THE CITY OF LITTLE
ROCK FROM THE USE TAX TRUST FUND;
(For Radio Communication Network - $763,950; Third Street Bridge
Design and Repairs - $61,116; and Housing Demolition Fund - $193,534.)
and the Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Priest and seconded by Director Shackelford, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Priest that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Shackelford seconded the motion which was adopted by unanimous vote of
the 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 ensued, followed by an Aye and
'
No Vote taken on passage of the Ordinance, with the results recorded
as follows: Ayes - Directors Hollingsworth, Shackelford, Dailey,
Mayor Villines, Directors Priest and Benafield - total 6; Noes -
None; Absent - Director Bussey - total 1. Therefore, the Ordinance
was declared PASSED.
Consideration was then given to Ordinance No. 15,988, with the
title being:
AN ORDINANCE REORGANIZING CERTAIN DEPARTMENTS OF THE CITY OF
LITTLE ROCK INTO THE DEPARTMENT OF NEIGHBORHOODS AND PLANNING,
AMENDING THE LITTLE ROCK CITY CODE TO REFLECT SUCH REORGANIZATION,
DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES;
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Shackelford, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the 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 a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion being made by Director Priest, seconded by Director
Shackelford, and 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. The Ordinance was read the
third and last time, and there was an Aye and No Vote taken on passage
of the Ordinance with the response being: Ayes - Directors
Hollingsworth, Shackelford, Dailey, Mayor Villines, Directors Priest
and Benafield - total 6; Noes - None; Absent - Director Bussey -
total 1.
The Emergency Clause contained in Section 6 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Hollingsworth, Shackelford, Dailey, Mayor Villines,
Directors Priest and Benafield - total 6; Noes - None; Absent -
Director Bussey - total 1. Therefore, the Ordinance, together with
the Emergency Section, was then declared PASSED.
The next presentation was a proposed Ordinance entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED MECHANICS LUMBER COMPANY (Z- 4933 -B)
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- 4933 -B - Applicant E. M. Pfeifer, III for property located at the
southeast corner of Chenal Parkway and Kanis Road from unclassified,
outside city limits (proposed commercial) to "PCD. ")
December '18, '1990','C'ont'd.
At 8:40 o'clock P.M., Mayor Villines announced there would be a
ten minute recess.
When the Board reconvened at 8:50 o'clock P.M., Mayor Villines
presided and the following Directors were present: Directors Priest,
Benafield, Hollingsworth, Shackelford and Dailey - total 5; Absent -
Director Hussey - total 1.
A motion naming Assistant City Attorney Tom Carpenter as Acting
City Attorney effective January 1, 1991, was made by Director Priest,
seconded by Director Shackelford, and unanimously adopted by voice
Vote of the Board Members present. (City Attorney Mark Stodola will
be sworn in as Pulaski County Prosecuting Attorney on January 1,
1991.)
The last matter to be considered was Ordinance No. 15,989,
entitled:
AN ORDINANCE APPROPRIATING $582,000 FROM THE CITY'S EXCESS
INTEREST EARNING'S ACCOUNT OF THE 1988 CAPITAL IMPROVEMENT BOND FUND;
ALLOCATING $1,044,580 FROM THE 1988 CAPITAL IMPROVEMENT BOND FUNDS AND
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE
CONSTRUCTION OF THE ROAD AND BIKELANES FOR THE REBSAMEN PARR ROAD
PROJECT;
(Contract with Joyner -Ford- Burke, in an amount not to exceed
$1,313,000.00)
Mr. Mike Batie, Director of the Department of Public Works, made staff
presentation and showed sketches of the proposed gateways. Mr. Pratt
Remmel, Jr., 23 Coolwood Dr., spoke in opposition to the project and
asked the Board to table the matter for this year and ask the new
Board to hold a Public Hearing so all the pros and cons of the road
are aired in front of the community before a vote is taken. Mr. Barry
Haas, 3900 Doral Dr., representing the Audubon Society of Central
Arkansas, read a prepared statement in opposition to the extension of
Rebsamen Park Road and asked the Board to schedule a vote on this
project or seek a public opinion poll. The last speaker was Senator
Vic Snyder, 324 South Valmar Street, who expressed opposition to the
519
and there was a first reading of the proposed Ordinance. Mr. Ron
he was not
Harper, 15823 Kanis Road, addressed the Board, stating
opposed to the commercial development, but was opposed to the
development of a lumber yard across the street from his property and
his neighbor could
asked the Board to defer action until he and
for their properties. He stated that a
request commercial zoning
Planning staff member testified in court that this property would
never be zoned higher than residential or multifamily (Circuit Court
Case regarding Pulaski County Sewer Improvement District No. 247). He
him fair consideration
closed by asking the Board of Directors to give
when he requested rezoning. Mr. Douglas Williford, 15723 West Kanis
Road, also spoke in opposition to the proposed PCD, stating he lived
across the street on the back side of the Mechanics Lumber Company
PCD. He had no objection to having a home center on the front of the
property, but was opposed to a lumber yard facing his property. He
I!
referred to the sewer line crossing his property to the Deltic Timber
land and to the plans for the proposed extension of 36th Street, which
would go through his house. Mr. Williford also asked the Board to
consider commercial zoning for his property. Director Dailey
expressed concerns regarding the road situation, the overall plan of
the area and buffering on the back side of the property. Mr. Eugene
Pfeifer, applicant, stated that the north /south collector street was
not an issue in this matter, that one and a half years ago he agreed
to the placement of the proposed street on the north side of Chenal
Valley Parkway. There being no further discussion, a motion was made
by Director Priest, seconded by Director Shackelford, to suspend the
rules and place the Ordinance on second reading, which was unanimously
'
adopted by the Board members present, being six in number and two -
thirds or more of the Board of Directors - elect. The proposed
Ordinance was then read the second time. There was a subsequent
motion made by Director Dailey, seconded by Director Priest, that the
rules be suspended and the Ordinance be placed on third and final
reading. The motion was adopted by unanimous vote of the members of
the Board of Directors present, being six in number and two - thirds or
more of the Board of Directors - elect. Following the third and last
reading of the Ordinance, Mayor Villines stated that the vote would be
deferred until the reconvened meeting on Wednesday, December 26, 1990,
due to the concerns of Director Dailey.
At 8:40 o'clock P.M., Mayor Villines announced there would be a
ten minute recess.
When the Board reconvened at 8:50 o'clock P.M., Mayor Villines
presided and the following Directors were present: Directors Priest,
Benafield, Hollingsworth, Shackelford and Dailey - total 5; Absent -
Director Hussey - total 1.
A motion naming Assistant City Attorney Tom Carpenter as Acting
City Attorney effective January 1, 1991, was made by Director Priest,
seconded by Director Shackelford, and unanimously adopted by voice
Vote of the Board Members present. (City Attorney Mark Stodola will
be sworn in as Pulaski County Prosecuting Attorney on January 1,
1991.)
The last matter to be considered was Ordinance No. 15,989,
entitled:
AN ORDINANCE APPROPRIATING $582,000 FROM THE CITY'S EXCESS
INTEREST EARNING'S ACCOUNT OF THE 1988 CAPITAL IMPROVEMENT BOND FUND;
ALLOCATING $1,044,580 FROM THE 1988 CAPITAL IMPROVEMENT BOND FUNDS AND
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE
CONSTRUCTION OF THE ROAD AND BIKELANES FOR THE REBSAMEN PARR ROAD
PROJECT;
(Contract with Joyner -Ford- Burke, in an amount not to exceed
$1,313,000.00)
Mr. Mike Batie, Director of the Department of Public Works, made staff
presentation and showed sketches of the proposed gateways. Mr. Pratt
Remmel, Jr., 23 Coolwood Dr., spoke in opposition to the project and
asked the Board to table the matter for this year and ask the new
Board to hold a Public Hearing so all the pros and cons of the road
are aired in front of the community before a vote is taken. Mr. Barry
Haas, 3900 Doral Dr., representing the Audubon Society of Central
Arkansas, read a prepared statement in opposition to the extension of
Rebsamen Park Road and asked the Board to schedule a vote on this
project or seek a public opinion poll. The last speaker was Senator
Vic Snyder, 324 South Valmar Street, who expressed opposition to the
519
520
December 18, 1990. Cont'd.
road, stating he received many cal'
this matter. City Manager Tom Dalt
lane road for $800,000.00 and the
high priority. Several public hear
had been made such as adding bike ]
of $1.6 million dollars. Director
public opinion polls by stating tt
hearings since 1987 and that the
better that what was in the Bor
discussion and the Ordinance was re
then suspended and the Ordinance f
from Director Benafield and secong
unanimously adopted by members of
being six in number and two - thirds
elect. Upon second reading of the
motion and second by Directors Be
that the rules again be suspended a.
and final reading. The motion r
Board members present, beinq six i.
s asking him to do something about
on stated that this began as a two
Board of Directors set this as a
ings were held and many alterations
apes and jogging trails for a cost
?riest responded to the request for
at this had been opened to public
City had come up with something
d Issue. There was no further
ad the first time. The rules were
laced on second reading by motion
led by Director Priest, which was
the Board of Directors present,
or more of the Board of Directors -
Ordinance, there was a subsequent
nafield and Priest, respectively,
id the Ordinance be placed on third
aceived unanimous adoption by the
i number and two- thirds or more of
the Board of Directors - elect, and the third and last reading of the
Ordinance ensued. The Aye and No Vote taken on the passage of the
Ordinance received the following response: Ayes - Directors
Hollingsworth, Shackelford, Dailey, Mayor Villines, Directors Priest
and Benafield - total 6; Noes - None; Absent - Director Bussey - total
1. Mayor Villines then announced that the Ordinance had PASSED.
There being no further business to be presented, the Board of
Directors recessed at 9:35 o'clock P.M. to reconvene on Wednesday,
December 26, 1990, at 1:30 P.M. to consider the sale of a ten acre
tract of land in the Little Rock Port Industrial Park to Babcock &
Wilcox - ST Company and to vote on the Mechanics Lumber Company PCD
(Z- 4933 -B).
ATTE4T,/ APPROVED:
City Clerk Jane Czech Mayor Flo G.. Villines, III
7
III Board of Directors Chamber
Little Rock, Arkansas
December 26, 1990 - 1:30 P.M.
The Board of Directors of the City of Little Rock, Arkansas,
reconvened from the December 18, 1990, regular Board Meeting with
Mayor Floyd G. Villines presiding. Robbie Hancock, Assistant City
Clerk, called the roll with the following Directors present: Directors
Priest, Benafield, Hollingsworth, Shackelford and Dailey - total 5;
Absent - Director Hussey - total 1.
With a quorum present, Mayor Villines declared the Board of
Directors in session.
The first presentation was Ordinance No. 15,990, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED MECHANICS LUMBER COMPANY (Z- 4933 -B)
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- 4933 -B - To rezone the southeast corner of Chenal Parkway and Kanis
Road, containing 8.8557 acres, from unclassified, outside city limits
(proposed commercial) to "PCD ".)
(See Minutes of December 18, 1990 for discussion and first, second and
third readings of the Ordinance.) Mr. Ron Hopper, 15823 Kanis Road,
again asked the Board for commercial zoning for his property and his
neighbor's property. Mr. Douglas Williford, 15723 Kanis Road, read a
prepared statement (filed with City Clerk) in which he summarized his
concerns regarding the commercial zoning and the proposed extension of
36th Street which dead ends in front of his house, and also requested
commercial zoning for his property and Mr. Hopper's property.
Director Dailey again expressed concerns about the 30 foot buffer on
the back side of the Planned Unit Development and suggested a trade
off on square footage - from 30 foot to 40 foot buffer on the south
side and from 50 foot to 30 foot buffer on the east side. Upon
question by Director Hollingsworth, Richard Wood stated that building
height is built into a Planned Unit Development. In the lengthy
discussion, the Board members generally agreed to approve this zoning
application with direction to staff to work out the buffer. The
Ordinance had been read the third time on December 18, 1990;
therefore, the passage of the Ordinance was then submitted to an Aye
and No vote with the results recorded as follows: Ayes - Directors
Priest, Benafield, Hollingsworth, Shackelford, Dailey and Mayor
Villines - total 6; Noes - None; Absent - Director Hussey - total 1.
The Ordinance was then declared PASSED.
' The next presentation was Ordinance No. 15,991, entitled:
AN ORDINANCE TO APPROPRIATE $150,000 FROM THE ECONOMIC
DEVELOPMENT FUND TO THE LITTLE ROCK PORT AUTHORITY; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES.
and the Ordinance was read the first time. A motion followed whereby
the rules were suspended to allow for the second reading of the
Ordinance. The motion was made by Director Benafield, seconded by
Director Priest, and unanimously adopted by the members of the Board
of Directors present, being six in number and two thirds or more of
the Board of Directors - elect. The Ordinance was then read the second
time. There was an ensuing motion made by Director Benafield,
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 the Board of Directors present, being
six in number and two thirds or more of the Board of Directors- elect;
whereupon, there was a third and final reading of the Ordinance. The
passage of the Ordinance was then submitted to an Aye and Noe Vote
with the results recorded as follows: Ayes - Directors Priest,
Benafield, Hollingsworth, Shackelford, Dailey and Mayor Villines -
total 6; Noes - None; Absent - Director Hussey - total 1.
The Emergency Clause contained in Section 2 of the foregoing Ordinance
was then read and adopted by the following roll call vote: Ayes -
Directors Priest, Benafield, Hollingsworth, Shackelford, Dailey and
`a
`J Ad A
December 26, 1990, Cont'd.
I
Mayor Villines - total 6; Noes - None; Absent - Director Bussey
total 1. Therefore, the Ordinance, together with the Emergency
Section, was then declared PASSED.
Resolution No. 8,420 was then presented, with the caption being:
A RESOLUTION TO AMEND THE LITTLE ROCK PORT INDUSTRIAL PARR BILL
OF ASSURANCE AND FOR OTHER PURPOSES;
with the Resolution being read in its entirety. A motion was made by
Director Benafield, seconded by Director Dailey, that the Resolution
be adopted. The Resolution was adopted unanimously by voice vote of
the Board Members present.
The next presentation was Resolution No. 8,421, entitled:
A RESOLUTION AUTHORIZING THE CONVEYANCE OF 10 ACRES IN THE LITTLE
ROCK PORT INDUSTRIAL PARR TO BABCOCK & WILCOX - ST COMPANY, A DELAWARE
CORPORATION AND FOR OTHER PURPOSES;
with the Resolution being read in its entirety. A motion was made by
Director Benafield, seconded by Director Dailey, that the Resolution
be adopted. The Resolution was adopted unanimously by voice vote of
the Board Members present.
The last .matter to be considered was Resolution No. 8,422,
entitled:
A RESOLUTION CONSENTING TO THE ASSIGNMENT OF ALL RIGHT, TITLE AND
INTEREST OF THE LESSEE UNDER THAT CERTAIN LEASE AGREEMENT DATED AUGUST
10, 1978, BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND PULASKI
FEDERAL SAVINGS AND LOAN ASSOCIATION, AS MORE PARTICULARLY DESCRIBED
HEREINBELOW;
(Air rights over Lots 1 and 5, Block 95, and Lot 6, Block 96, Original
City of Little Rock - 4th Street, Spring Street, and alley between
Third and Fourth, Spring and Center Streets - assigned to Blue Cross &
Blue Shield..)
and there was a complete reading of the Resolution. A motion was made
by Director Shackelford and seconded by Director Dailey that the
Resolution be adopted. The Resolution was adopted by voice vote of
the Board Members present.
There being no further business to be presented the Board of
Directors adjourned sine die at 2 :15 o'clock P.M.
ATTES APPROVED: J)
/Ll/71�
X, V � Fes'
City lerk Jane Czech Mayor F�G. Villines, III
Y
,
Jill
Board of Directors Chamber
Little Rock, Arkansas
January 1, 1991 - 11:45 A.M.
The Eighteenth Board of Directors of the City of Little Rock,
Arkansas, convened under the Statues of the State of Arkansas, for the
purpose of organizing the new Board of Directors and filing the Oaths
of office for the terms of newly elected Directors beginning January
1, 1991. (Oaths were administered at 11:30 A.M. on January 1, 1991,
and filed with the City Clerk.) The following Directors and
Directors -elect were present: Director -elect Sharon Priest, Position
No. 1; Director -elect Dr. F. Hampton Roy, Position No. 2; Director
Cyril Hollingsworth, Position No. 3; Director -elect John Lewellen -
Position No. 4; Director Lottie L. Shackelford, Position No. 5; and
Director Dalton James "Jim" Dailey, Jr., Position No. 6. Position No.
7 - Vacant. City Clerk Robbie Hancock was also present.
(b)
ICI
' AND AWARD C
TUBES FOR T
DIVISION; )
DEPARTMENT;
RECREATION.
By motion f
was adopted
Consent Agei
previous me
held Decemb
members of
read and ad,
olution No. 8,423, entitled:
RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS
NTRACTS FOR TIRE RETREADING AND THE PURCHASE OF TIRES AND
E DEPARTMENT OF HUMAN AND GENERAL SERVICES /FLEET SERVICES
)R PURCHASE OF WORK AND DRESS UNIFORMS FOR THE FIRE
4ND PURCHASE OF GOLF CARTS FOR THE DEPARTMENT OF PARKS AND
om Director Dailey, seconded by Director Lewellen, which
by unanimous voice vote of the Board Members present, the
9a was dispensed with as follows: (a) The Minutes of the
ting held December 18, 1990 and the reconvened meeting
r 26, 1990, were approved as written and summarized to
he Board of Directors; and (b) Resolution No. 8,423 was
pted by unanimous voice vote of the Board Members present.
No onel was present to speak at the time allotted for Citizen
Communications.
Jz3
with a quorum
being present, the first order of business was to
appoint a temporary
Chairman. Director Hollingsworth was appointed by
the other Board
Members to serve as temporary Chairman.
The Inv oc
ation was given by Director-elect John Lewellen.
'
It was s
tated by the Chairman that the next order of business in
Mayor,
the organization
of the new Board should be the election of
from the membership
of the Board of Directors; and that nominations
would be inIorder
at this time. Director Shackelford moved that
Director Sharon
Priest be elected as Mayor, and the motion was
seconded by
(Director Dailey. There were no other nominations and
Director Priest
was elected Mayor for the years 1991 and 1992 by
unanimous voice
vote of six ayes. (Position No. 7 Vacant.)
The election
of Vice Mayor then proceeded with Director Priest
making a motion
that Director Jim Dailey be elected Vice Mayor. The
motion was seconded
by Director Lewellen and there were no other
nominations.)
The unanimous voice vote of six ayes then elected
Director Dailey
as Vice Mayor for the years 1991 and 1992. (Position
No. 7 Vacant!)
With newly
elected Mayor Priest presiding, the next matter to be
considered was
the Consent Agenda consisting of the following items:
(a) The
approval of the Minutes of the previous meeting held
December 18,11990,
and the reconvened meeting held December 26, 1990.
(b)
ICI
' AND AWARD C
TUBES FOR T
DIVISION; )
DEPARTMENT;
RECREATION.
By motion f
was adopted
Consent Agei
previous me
held Decemb
members of
read and ad,
olution No. 8,423, entitled:
RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS
NTRACTS FOR TIRE RETREADING AND THE PURCHASE OF TIRES AND
E DEPARTMENT OF HUMAN AND GENERAL SERVICES /FLEET SERVICES
)R PURCHASE OF WORK AND DRESS UNIFORMS FOR THE FIRE
4ND PURCHASE OF GOLF CARTS FOR THE DEPARTMENT OF PARKS AND
om Director Dailey, seconded by Director Lewellen, which
by unanimous voice vote of the Board Members present, the
9a was dispensed with as follows: (a) The Minutes of the
ting held December 18, 1990 and the reconvened meeting
r 26, 1990, were approved as written and summarized to
he Board of Directors; and (b) Resolution No. 8,423 was
pted by unanimous voice vote of the Board Members present.
No onel was present to speak at the time allotted for Citizen
Communications.
Jz3
524
January 1, 1991, Cont'd.
The last matter to be considered was Ordinance No. 15,992,
entitled:
AN ORDINANCE APPROVING A TIME EXTENSION FOR PLANNED UNIT
DEVELOPMENT TITLED HUNTER'S RIDGE LONG -FORM PCD (Z -4524) 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--452g - located at the northwest corner of Highway 10 and Sam Peck
Road - two year time extension)
and the Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Shackelford and seconded by Director Dailey, which was
unanimously adopted by members of the Board of Directors present,
being six in number and two thirds or more of the Board of Directors-
elect. Upon second reading of the Ordinance, there was a subsequent
motion made by Director Dailey that the rules be further suspended and
the Ordinance be placed on third and final reading. Director Lewellen
seconded the motion, which was adopted by unanimous vote of the
members of the Board of Directors present, being six in number and
two - thirds or more of the Board of Directors - elect. A third and last
reading of the Ordinance ensued, followed by an Aye and No Vote taken
on the question, Shall the Ordinance pass, with the response being:
Ayes - Mayor Priest, Directors Hollingsworth, Lewellen, Shackelford
and Dailey - total 5; Noes - None; Abstentions - Director Roy - total
1; Position 7 - Vacant. The Ordinance was then declared PASSED.
There being no further business to be presented, the Board of
Directors recessed at 11:55 o'clock A.M. to reconvene on Wednesday,
January 9, 1991, at 1:30 o'clock P.M. to consider the Diamond Center
Evaluation Requests for Proposal.
ATTESTT :� APPR ED:
�`�C.
City Clerk Robbie Hancock Mayor Sharon Priest
525
Board of Directors Chamber
Little Rock, Arkansas
January 9, 1991 - 1:30 P.M.
The Board of Directors of the City of Little Rock, Arkansas,
reconvened from the January 1, 1991, regular Board Meeting with Mayor
Sharon Priest presiding. Robbie Hancock, City Clerk, called the roll
with the following Directors present: Directors Roy, Hollingsworth,
Lewellen, Shackelford and Dailey - total 5; Absent - None; Position
No. 7 - Vacant - total 1.
With a quorum present, Mayor Priest declared the Board of
Directors in session.
The first presentation was Ordinance No. 15,993, entitled:
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT FOR A
FINANCIAL FEASIBILITY STUDY OF THE PROPOSED DIAMOND PROJECT;
APPROPRIATING FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
(Deloitte & Touche - in an amount not to exceed $120,000)
Mr. Mark Grobmyer, speaking on behalf of Project 2000, congratulated
to select a consultant to review the
the Board on moving expediciously
Project 2000 report and make additional recommendations. He pledged
to make available the resources of Project 2000 to the consultant.
Mr. Grobmyer concluded by asking that the consultant study report be
completed within a thirty day period so that people would have the
opportunity to decide the issue at the earliest possible time, because
merchants preferred that there be no lapse in collection of the one
cent City tax, which would replace the County jail tax. Following the
discussion, the Ordinance was read the first time. A motion followed
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Dailey, seconded by
Director Shackelford, and unanimously adopted by the members of the
Board of Directors present, being six in number and two thirds or more
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 the Board of Directors present, being
six in number and two thirds or more of the Board of Directors - elect;
whereupon, there was a third and final reading of the Ordinance.
Director Hollingsworth asked if the feasilility study encompassed
looking at various components of the project. City Manager Tom Dalton
stated that it would encompass various components that are revenue
producers. The passage of the Ordinance was then submitted to an Aye
and Noe Vote with the results recorded as follows: Ayes - Mayor
Priest, Directors Roy, Hollingsworth, Lewellen, Shackelford and Dailey
- total 6; Noes - None; Absent - None; Position 7 - Vacant - total 1.
The Emergency Clause contained in Section 4 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Mayor Priest, Directors Roy, Hollingsworth, Lewellen,
Shackelford and Dailey - total 6; Noes - None; Absent - None; Position
No. 7 - Vacant - total 1. Therefore, the Ordinance, together with the
Emergency Section, was declared PASSED.
Resolution No. 8,424 was then presented, with the caption being:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK
CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF DEMOCRAT PRINTING AND
LITHOGRAPHING COMPANY TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE
PROGRAM;
(Located at 6401 Lindsey Road and 114 East Second Street)
and the resolution was read in full. A motion was made by Director
Dailey, seconded by Director Shackelford, that the Resolution be
adopted. The Resolution was adopted unanimously by voice vote of the
Board Members present.
fill526
`
January 9', 1991, Cont'd.
There being no further business to be' presented, the Board of
Directors adjourned at 2:00 o'clock P.M. to meet again in regular
session on Tuesday, January 15, 1991, at 6:00 o'clock P.M.
,
ATTEST: APPROVED:
,,e'
I
City Clerk Robbie Hancock Mayor Sharon Priest
l
Board of Directors Chamber
Little Rock, Arkansas
January 15, 1991 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Sharon Priest presiding. City Clerk
Robbie Hancock called the roll with the following Directors present:
Directors Roy, Hollingsworth, Lewellen and Dailey - total 4; Absent -
Director Shackelford - total 1; Position 7 - Vacant - total 1.
With a quorum present, Mayor Priest declared the Board of
Directors in session.
The Invocation was given by Mayor Priest.
The Consent Agenda was the first presentation, consisting of the
following items:
(a) The Minutes of the previous Board of Directors Meeting held
January 1, 1991 and the reconvened meeting held January 9, 1991.
(b) The Comparative Statement 'of income Account of the Little
- Rock Municipal Water Works for the month of November; 1990.
' (c) The Oakland - Fraternal Cemetery Audit Report for the year
ending October 31, 1990.
(d) Resolution No. 8,425, entitled:
By motion from Director Hollingsworth, seconded by Director Lewellen,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held January 1, 1991, and the reconvened meeting held
January 9, 1991, were approved as written and summarized to members of
the Board of Directors; (b) The Comparative Statement of Income
Account of the Little Rock Municipal water Works for the month of
r
L
527
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A QUITCLAIM DEED CONVEYING CERTAIN PROPERTY WITHIN THE CITY OF LITTLE
ROCK AND FOR OTHER PURPOSES. (Lot 11, Section A, Vernon Place Addition
- "Sin City ")
(e) Resolution No. 8,426, entitled:
A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON
FEBRUARY 5, 1991, TO CONSIDER AN ORDINANCE AUTHORIZING THE ISSUANCE OF
REVENUE BONDS FOR THE CHRISTIAN RETIREMENT CENTER, INC.
(f) Resolution No. 8,427, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH GREENHORNE & O -MARA, INC. FOR APPLICATIONS PROGRAMMING
TOOLS FOR THE GIS COMPUTER DATABASE. (Contract not to exceed $60,000
with the remaining portion to be paid by Little Rock Water Works and
Wastewater Utility.)
(g) Resolution No. 8,428, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AN ANNUAL CONTRACT FOR THE PURCHASE OF 75 COMPUTER TERMINALS FOR
AWARD
THE OFFICE OF MANAGEMENT SUPPORT. (Contract with Memorex -Telex
I
in an amount not to exceed $82,500.)
(h) Resolution No. 8,429, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR THE PURCHASE OF THREE FRONT MOUNTED TRACTOR
II!
MOWERS FOR THE DEPARTMENT OF HUMAN AND GENERAL SERVICES /FLEET SERVICES
DIVISION. (Contract with Golf Cars of Arkansas in an amount not to
exceed $25,045.20.)
M Resolution No. 8,430, entitled:
A RESOLUTION AUTHORIZING THE JOB TRAINING PARTNERSHIP ACT
(JTPA) DEPARTMENT TO EXPEND $270,330 OF TITLE II -A 1990 CARRY -OVER
FUNDS AND $141,694 TITLE II -A INCENTIVE MONIES FOR VARIOUS PROGRAMS.
By motion from Director Hollingsworth, seconded by Director Lewellen,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held January 1, 1991, and the reconvened meeting held
January 9, 1991, were approved as written and summarized to members of
the Board of Directors; (b) The Comparative Statement of Income
Account of the Little Rock Municipal water Works for the month of
r
L
527
sea
January 15, 1991, Cont'd.
November, 1990, was received and filed; (c) The Oakland - Fraternal
Cemetery Audit Report for the year ending October 31, 1990, was
received and filed; and (d, e, f, g, h and i) Resolutions No. 8,425,
8,426, 8,427, 8,428, 8,429 and 8,430 were read in full and adopted by
unanimous voice vote of the Board Members present.
Mayor Priest recognized and welcomed members of Boy Scout Troop
336 of Trinity United Methodist Church.
At the time allotted for Citizen Communications; "Mf': Ni961"
Boulton, 304 Tree Hill, Sherwood, AR (a native'of Wales`) "mad'e a'plea
to the Board of Directors for additional soccer facilities, stating
that Little Rock cannot hold soccer tournaments due to lack of
available facilities.
Mr. Steve Rostenberg, 109 Ridgeway Drive, also addressed the
Board of Directors regarding soccer facilities in Little Rock. He
encouraged the City to consider soccer as a high priority.
(Director Shackelford was enrolled at 6:25 P.M.)
City Manager Tom Dalton advised that $25,000 is available from the
1988 Bond Project for soccer field improvements at Murray Park and a
recommendation should be going to the Board for the January 30 Agenda
Meeting. In response to a question from the Director Roy, Mr.
Rostenberg stated that Little Rock should have forty to sixty soccer
fields to serve both girls and boys.
The next speaker was Ms. Mary Jo Bolls, 618 Hall Drive, who asked
the Board of Directors to waive the requirement for dedication of
additional right -of -way on Baseline Road and approve the rezoning of
her property at I -30 and Baseline Road U--5-3-4.0. The Planning
Commission recommended the approval of "I -2" zoning on July 31, 1990,
but the request was not placed on the Agenda due the the Board's
policy requiring dedication of right -of -way. Ms. Bolls stated that
she is willing to dedicate the additional right -of -way when it is
needed and when additional right -of -way is dedicated by the properties
on each side of her. Mayor Priest asked City 'Manager Tom Dalton to
provide a report to the Board at the next Agenda Meeting.
Ms. Helen Robinson, 1608 Valentine Street, presented a petition
containing 78 signatures of concerned citizens residing in the
Stephens School area, and read a prepared statement in opposition to
the proposed construction of Tom Gulley Park at 18th and Valentine
Streets. City Manager Tom Dalton stated that land had been offered
for a park with restrictions, but there had been no formal acceptance,
and that he would provide Board Members with a written report this
week. Mayor Priest asked City Manager Tom Dalton to send Mrs.
Robinson a copy of his report. Director Shackelford stated that her
church, First Baptist Church at 3800 West 18th Street, was opposed to
the proposed park also, because it would not be a neighborhood park as
the plans envision.
Mayor Priest recognized Mr. Dale Charles, President of the Little
Rock Chapter of NAACP (National Association for the Advancement of
Colored People), who brought several people with him in honor of Dr.
Martin Luther King's birthday and the parade to be held Monday,
January 21, 1991, in Little Rock. Mr. Charles invited anyone that
wanted to be in the parade to please obtain a parade form and submit
it right away.
The following rezoning application approved by the Planning
Commission on December 4, 1990, was the next presentation:
Z-5381 - From Charles A. Brown, Agent for Eva Kirby, 'to' rezone
5510 Kavanaugh Boulevard (Lot 12, Block 22, Newton Addition) from "0-
3" Office District to "C -1" Neighborhood Commercial District. No
opposition was presented to the reclassification and Ordinance No.
15,994 was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z-53$,3 - To rezone 5510 Kavanaugh Boulevard from 'O -3" General Office
District to 'C -1" Neighborhood Commercial District.)
1
1
January 15, 1991, Cont'd.
Zoning Application Z -5384 from Andrew F. and Jan Hicks was
introduced next. The application to rezone 2510 South Broadway (Lot
10 and the south one -half of Lot 11, Block 2, Retan's Addition), from
"R -4" Two - family District to "0-1" Quiet Office District, was approved
by the Planning Commission on December 4, 1990. No opposition to the
rezoning was presented and Ordinance No. 15,995 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;
(-5- 3$A - Reclassifying 2510 South Broadway (Lot 10 and the south one
half of Lot 11, Block 2, Retan's Addition), from "R -4" Two Family
District to 00-1" Quiet Office District.)
and after a first reading of the Ordinance, there was a motion by
Director Shackelford, seconded by Director Dailey, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a - subsequent motion made and seconded by Directors Dailey
and Lewellen; - respectively, tgiurther- suspend the . rule's and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being six 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. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Mayor Priest, Directors Roy, Hollingsworth, Lewellen,
Shackelford and Dailey - total 6; Noes - None; Absent - None; Position
7 - Vacant - total 1. The Ordinance was then declared PASSED.
Ordinance No. 15,996 was the next presentation, with the titled
being:
AN ORDINANCE AMENDING ORDINANCE NO. 15,957 OF THE CITY OF LITTLE
ROCK, ARKANSAS, PERTAINING TO CONSTRUCTION SPECIFICATIONS FOR
ELECTRICAL SIGNS;
(RE: Approved electrical testing laboratories.)
and after a first reading of the Ordinance, there was a motion by
Director Shackelford, seconded by Director Dailey, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Dailey
and Lewellen,-respectively, to further suspend the-rules and place the
Ordinance on.third� and final reading,. The motion received unanimous
adoption by the Board Members present, being six 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. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Mayor Priest, Directors Roy, Hollingsworth, Lewellen,
Shackelford and Dailey - total 6; Noes - None; Absent - None; Position
7 - Vacant - total 1. The Ordinance was then declared PASSED.
`F 1
L.J
and after a first reading of the Ordinance, there was a motion by
Director Shackelford, seconded by Director Dailey, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Dailey
and Lewellen, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being six 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. The Aye and No Vote
taken on- passage- of,-the Ordinance .received -the -following. response:
Ayes - Mayor _ Priest,, , Directors Roy, -Hollingsworth,_ Lewellen,
Shackelford and Dailey - total 6; Noes'- Nohe; Absent - None; Position
7 - Vacant - total 1. The Ordinance was then declared PASSED.
Zoning Application Z -5384 from Andrew F. and Jan Hicks was
introduced next. The application to rezone 2510 South Broadway (Lot
10 and the south one -half of Lot 11, Block 2, Retan's Addition), from
"R -4" Two - family District to "0-1" Quiet Office District, was approved
by the Planning Commission on December 4, 1990. No opposition to the
rezoning was presented and Ordinance No. 15,995 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;
(-5- 3$A - Reclassifying 2510 South Broadway (Lot 10 and the south one
half of Lot 11, Block 2, Retan's Addition), from "R -4" Two Family
District to 00-1" Quiet Office District.)
and after a first reading of the Ordinance, there was a motion by
Director Shackelford, seconded by Director Dailey, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a - subsequent motion made and seconded by Directors Dailey
and Lewellen; - respectively, tgiurther- suspend the . rule's and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being six 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. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Mayor Priest, Directors Roy, Hollingsworth, Lewellen,
Shackelford and Dailey - total 6; Noes - None; Absent - None; Position
7 - Vacant - total 1. The Ordinance was then declared PASSED.
Ordinance No. 15,996 was the next presentation, with the titled
being:
AN ORDINANCE AMENDING ORDINANCE NO. 15,957 OF THE CITY OF LITTLE
ROCK, ARKANSAS, PERTAINING TO CONSTRUCTION SPECIFICATIONS FOR
ELECTRICAL SIGNS;
(RE: Approved electrical testing laboratories.)
and after a first reading of the Ordinance, there was a motion by
Director Shackelford, seconded by Director Dailey, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Dailey
and Lewellen,-respectively, to further suspend the-rules and place the
Ordinance on.third� and final reading,. The motion received unanimous
adoption by the Board Members present, being six 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. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Mayor Priest, Directors Roy, Hollingsworth, Lewellen,
Shackelford and Dailey - total 6; Noes - None; Absent - None; Position
7 - Vacant - total 1. The Ordinance was then declared PASSED.
`F 1
L.J
530
January 15, 199'1','Cont'd.
Consideration then to Ordinance No. 15,997,
,
was given entitled:
AN ORDINANCO AMENDING CHAPTER'31 OF THE 'CODE, OF ORDINANCES OF THE.
CITY OF LITTLE ROCK,: ARKANSAS - PROVIDING' FORA WAIVER OF. ALL STREET
IMPROVEMENTS;
(5n2_0y - Warden Motors at 9809 I -30 - waiver of subdivision
regulations for street improvements on Warehouse Road frontage.)
and after a first reading of the ordinance, there was a motion by
Director Shackelford, seconded by Director Dailey, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors Dailey
and Lewellen, respectively, to further suspend the rules and place the
Ordinance on third and final reading. The motion received unanimous
adoption by the Board Members present, being six 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. The Aye and No Vote
taken on passage of the Ordinance received the following response:
Ayes - Mayor Priest, Directors Roy, Hollingsworth, Lewellen,
Shackelford and Dailey - total 6; Noes - None; Absent - None; Position
7 - Vacant - total 1. The Ordinance was then declared PASSED.
The next presentation was a proposed Ordinance entitled:
'
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
LITTLE ROCK, ARKANSAS; PROVIDING•FOR THE VACATION OF CHAPTER-27 AS NOW •-
PROVIDED AND THE PLAb£MENT OF THAT LANGUAGE IN ITS ENTIRETY,AS ARTICLE -
X, WITHIN CHAPTER 36 OF THE CODE OF ORDINANCES WITH CERTAIN LANGUAGE
AMENDMENT;
(Combining the Sign Code with the Zoning Code.)
Mr. Jasper Burton, P.O. Box 187, Conway, AR, spoke in opposition to
the proposed Ordinance and asked the Board of Directors to delay
action another month to allow for further study. After a brief
discussion, Director Dailey suggested that the proposed Ordinance be
deferred until the next regular meeting. Therefore, the proposed
Ordinance was deferred until the Board of Directors Meeting on
February 51 1991.
Ordinance No. 15,998 was considered next, with the title being:
AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE
CITY OF LITTLE ROCK, ARKANSAS;
(Chenal Mountain Parkway Annexation, Phase II (Tracts A and B)
consisting of 615 acres and 39.7 acres, respectively [Deltic Farm &
Timber property at Chenal Parkway and Highway No. 10]; Court Order
signed December 12, 1990).
with the Ordinance being read the first time, followed by a motion by
Director Shackelford, seconded by Director Dailey, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the 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 a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion again being made by Director Shackelford, seconded by Director
Dailey, and 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. The Ordinance was read the third and
last time, and there Was an Aye and No Vote taken on passage of the
Ordinance with the results recorded as follows: Ayes - Mayor Priest,
Directors Roy, Hollingsworth, Lewellen, Shackelford and Dailey - total
6; Noes - None; Absent - None; Position 7 - Vacant - total 1.
Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 15,999, described
as:
AN ORDINANCE APPROPRIATING FUNDS RECEIVED BY THE CITY OF LITTLE
ROCK FROM THE USE TAX TRUST FUND;
I
January '1'5','199'1', Cont''d.
(Radio Communication Network - $381,975; Third Street Bridge Design
and Repairs - $30,558; Housing Demolition Fund - $96,767)
with the Ordinance being read the first time, followed by a motion by'
Director Hollingsworth, seconded by Director Dailey, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted by unanimous vote of the 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 a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion being made by Director Lewellen, seconded by Director
Hollingsworth, and 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. The Ordinance was read the
third and last time, and there was an Aye and No Vote taken on passage
of the Ordinance with the results recorded as follows: Ayes - Mayor
Priest, Directors Roy, Hollingsworth, Lewellen, Shackelford and Dailey
- total 6; Noes - None; Absent - None; Position 7 - Vacant - total 1.
Whereupon, the Ordinance was declared PASSED.
A proposed Resolution was placed on the Agenda as Item F.8 -A
entitled: "A RESOLUTION OF INTENT TO REAFFIRM COOPERATING WITH
PULASKI COUNTY FOR SHARING THE COST OF SERVICES PROVIDED BY THE
PULASKI COUNTY HEALTH DEPARTMENT AND TO AGREE WITH THE COUNTY'S
DECISION ON THE LOCATION TO PROVIDE SERVICES; AND FOR OTHER PURPOSES."
A proposed Ordinance was also placed on the Agenda as Item F.8 -B
entitled: "AN ORDINANCE APPROPRIATING $150,000.00 FROM THE CITY
GENERAL FUND FOR THE BENEFIT OF THE COUNTY HEALTH DEPARTMENT." Mayor
Priest announced that the proposed Resolution and Ordinance had been
removed from the Agenda. '"(NOTE: The Pulaski County Health Department
is now located in a building at 1115 Wolfe Street owned by Arkansas
Children's Hospital. Arkansas Children's Hospital plans to renovate
the building for its own use and the Health Department must find
another location. The City of Little Rock agreed to share the
operating expenses of the Pulaski County Health Department upon the
merger of the Little Rock Health Department with Pulaski County Health
Department on July 1, 1975 - See Resolution No. 5,396.)
Resolution No. 8,431 was the next matter to be considered,
entitled:
A RESOLUTION GRANTING A FRANCHISE TO THE EXCELSIOR HOTEL TO USE
THE AIR SPACE ABOVE A PORTION OF THE RIGHT -OF -WAY OF ASHLEY STREET FOR
A SKYWALK AND FOR OTHER PURPOSES. (Approximately 6 ft. wide and 115 ft
long at Markham and Ashley Streets.)
After the reading of the Resolution, there was a motion by Director
Shackelford, seconded by Director Dailey, that the Resolution be
adopted. The motion was unanimously ADOPTED by voice vote of the
Board Members present.
At 7:10 o'clock P.M., Mayor Priest announced there would be a ten
minute recess.
When the Board reconvened at 7:22 o'clock P.M., Mayor Priest
presided and the following Directors were present: Directors Roy,
Hollingsworth, Lewellen, Shackelford and Dailey - total 5; Absent -
None; Position 7 - Vacant - total 1.
The last matter to be presented was Resolution No. 8,432,
entitled:
A RESOLUTION ESTABLISHING A PROCESS FOR CITIZEN INPUT IN DEFINING
CERTAIN CAPITAL BOND PROJECTS;
(Setting dates for public hearings and a tentative election on the
proposed "Diamond Center' and other capital needs. See Ordinance No.
15,993 passed January 9, 1991, authorizing a feasiblity study of the
proposed Diamond Project.)
and there was a complete reading of the Resolution. At the request of
Director Hollingsworth, City Manager Tom Dalton reviewed the possible
revenues from a sales tax standpoint, or otherwise, that would bear
on this matter. Mr. Dalton explained the one cent county sales tax
for general operating purposes passed in 1982 and shared among
municipalities on a per capita basis. This has been the single
largest source of growth revenue in the general fund for the City of
531
A.
January 15, 1991, Cont''d.
Little Rock. The other county one percent tax can be used for capital
bonding and /or can be used on a cash basis with a limit of 24 months.
That is the county jail tax voted on last year and will end in one
year. The City of Little Rock has the same two options - a city penny
used for general operating and /or capital; and another penny which is
for capital purposes only and can be used for bonding for a longer
period of time or for 24 months if not bonding. The property tax
millage is used as a source of revenues to do decade long capital
projects (1967, 1977, 1987). There is no city sales tax in place at
this time.
Several citizens, speaking in opposition to the proposed Diamond
Center, asked the Board of Directors to consider funding for crime
prevention, fire and police protection, neighborhood improvements and
to lengthen the planning process and delay the proposed election until
fall. Those speaking in opposition were: Kathy Wells, Box 2116, a
member of the Downtown Neighborhood Association; Cheryl Nichols, 1721
Gaines Street, a member of the Historic District Commission; Rev.
Delton Jones, 2915 State Street, representing South End ACORN
(Arkansas Community Organizations for Reform Now); Mr. Foster Strong,
3514 West 14th Street; Mr. Jim Lynch, 2109 Louisiana Street; Mr.
Rudolph .Johnson, .70.4 East..1.7th _Street,_ ACORN and- .Southeast .Little
Rock; Mrs. Johnny Pugh, 2500 South Booker - ACORN; Mr. Homer Couch,
3216 West 14th Street; Ms. Barbara Douglas, 4801 Rightsell Street,
spokesperson for Pankey Community Improvement Association; Ms.
Charlene Hardcastle, 312 Fern Street, representing Capitol View
Neighborhood; and Mr. Randolph Mowry, 808 Lewis Street, representing
Forest Hills Neighborhood Association.
Those speaking in support of the Diamond Center were Mr. George
Wells, President of the Downtown Partnership, and Mr. Jim Moses, Co-
Chairman of Project 2000.
Following the citizen comments and questions by Board members,
Director Hollingsworth suggested that the language in Section 4 of the
proposed Resolution be changed from "decide upon a series of bond
projects" to "consider a series of bond projects." A motion was made
by Director Roy, seconded by Director Lewellen, to amend Section 4 to
read: "The City Board of Directors will by March 19, 1991, consider a
series of bond projects from the input of the public and the
assistance of the City staff.' The motion was adopted unanimously.
There was a subsequent motion by Director Shackelford, seconded by
Director Dailey, that the Resolution, as amended, be adopted. The
Resolution was ADOPTED unanimously by voice vote of the Board Members
present.
There being no further business to be presented, the Board of
Directors. adjourned .at- 9:45 o'clock...P.M.. to meet .again in, regular
session on Tuesday.,- February. 5, 1991, ..at 6:.00..o,'.clock .P.M. - .. - -
ATTEST:
o e g4,.�a el ,
City Clerk Robbie Hancock
APP VED:
Mayor Sharon Priest
1
533
Board of Directors Chamber
I
Little Rock, Arkansas
'
January 24, 1991 - 6:30 P.M.
The Board of Directors held a Public Hearing for citizen input
regarding the proposed
"Diamond Center" (a sports arena, museum and
library complex) and other
possible capital improvements. Mayor
Priest presided and the
following Directors were present: Directors
Roy, Hollingsworth, Lewellen and Dailey - total 4; Absent - Director
Shackelford - total 1;
Position 7 - Vacant - total 1. (The Public
Hearing was set in Section 3 of Resolution No. 8,432, adopted January
15, 1991.)
The following is a
list of the speakers and subjects:
Nam g
Ron Copeland
Regajdi as:
Diamond Center and Project 2000 - support
library, museum, trade center, convention
bureau.
David Burton
Soccer facilities.
Tom Ferstl
Soccer facilities; . also . basketball and
baseball facilities.
Kathy Wells
Growth Management Plan; Weatherizing sub-
standard homes; Conversion of City buses to
use compressed natural gas.
Mel Williams
Weatherization Program.
Keith Jones
Replacement buses; Use compressed natural
gas; Downtown transfer center.
(Director Shackelford enrolled at 7:25.)
Barry Travis
Diamond Project and the impact of convention
business on City of Little Rock.
Bob Lanford
Museum of Science and History and the
cultural aspects of Diamond Center.
Alison Sanchez
Museum of Science and History and the
proposed museum in the Diamond Center.
Rett Tucker
Support Diamond Center.
William Terry
Library Board is in full support of the
..Diamond Center. .
Bob Razor
Support Diamond Center and proposed Library.
John Walker
Housing needs; homeless people; face issues
of race; scattered site housing.
Jack Caston
New municipal golf course and professional
management.
Tom Wilkes
Diamond Center impact on area; substation for
police and fire in area.
Barbara Douglas
Pankey Community needs: (1) bridge on Wells
St.; (2) natural gas; (3) multi - purpose
educational center.
Joa Humphrey
Support Diamond Center and the MacArthur Park
military museum.
i
The Public Hearing
was closed at 10:03 o'clock P.M.
i
ATTEST:
APPROVED:
11 �
City Clerk Robbie
Hancock Mayor Sharon Priest
,534
Board of Directors Chamber
Little Rock, Arkansas
January 28, 1991 - 3:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas,
met in Special Session with Mayor Priest presiding. Robbie Hancock,
City Clerk, called the roll with the following Directors present:
Directors Roy, Hollingsworth, Lewellen, Shackelford and Dailey - total
5; Absent - None; Position 7 - Vacant - total 1.
With a quorum present, Mayor Priest declared the Board of
Directors in session and announced that the purpose of the meeting was
to consider appointments. (Members of the Board of Directors and the
news media were notified of the Special Meeting on Friday, January 25,
1991.) A motion was made by Director Roy, seconded by Director
Lewellen, to recess to Executive Session. The motion was adopted
unanimously by voice vote of the Board Members present.
The Board recessed to Executive Session at 3:05 o'clock P.M.
The Board of Directors reconvened from Executive Session at 4:30
o'clock P.M. with Mayor Priest presiding and the following Directors
present: Directors Roy, Hollingsworth, Lewellen, Shackelford and
Dailey - total 5; Absent - None; Position 7 - Vacant - total 1.
The first matter to be considered was Resolution No. 8,433,
entitled:
A RESOLUTION MAKING AN APPOINTMENT TO THE PRIVATE INDUSTRY
COUNCIL.
(Appointing Mavis Mitchell to the Rehabilitation position.)
with the Resolution being read in its entirety. A motion was made by
Director Shackelford, seconded by Director Roy, that the Resolution be
adopted. The Resolution was ADOPTED unanimously by voice vote of the
Board Members present.
The other matter to be considered was the appointment of a City
Director to fill the unexpired term of Floyd G. "Buddy" Villines,
Position No. 7, who resigned January 1, 1991, when he took office as
Pulaski County Judge. A motion was made by Director Dailey, seconded
by Director Lewellen, to nominate and appoint Meredith Catlett as City
Director, Position No. 7, to fill the unexpired term of Floyd G.
"Buddy" villines, said term expiring December 31, 1992. The motion
was unanimously adopted by voice vote of the Board Members present.
(NOTE: The Board of Directors conducted public interviews of 20
candidates at 6:00 o'clock P.M. on Tuesday, January 22, 1991, in the
Board of Directors Room in City Hall.)
There being no further business to be presented, Mayor Priest
declared the Special Meeting adjourned at 4:35 o'clock P.M. to convene
in regular session on Tuesday, February 5, 1991, at 6:00 o'clock P.M.
ATTEST:
gast-eA c.-,
City Clerk Robbie Hancock
APPROVED ::
Mayor Sharon
Azl;t-17
Priest
i
1
535
Board of Directors Chamber
Little Rock, Arkansas
February 5, 1991 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Priest presiding. City Clerk Robbie
Hancock was present and called the roll with the following Directors
in attendance: Directors Roy, Hollingsworth, Lewellen, Shackelford
and Catlett - total 5; Absent - Director Dailey - total 1. (The Oath
of Office of Director Catlett was administered and filed with the City
Clerk on January 30, 1991.)
Mayor Priest announced that a quorum was present and the
proceedings of the meeting are recorded as follows.
The Invocation was given by Director Roy.
The Consent Agenda was the first presentation, consisting-of the
following items:
(a) The approval of the Minutes of the previous Board of
Directors Meeting held January 15, 1991, the Public Hearing held
January 24, 1991 and the Special Meeting held January 28, 1991.
(b) Resolution No. 8,434, entitled:
A RESOLUTION SETTING THE DATE FOR PUBLIC HEARING ON MARCH 5,
1991, TO CONSIDER AN INCREASE IN SEWER RATES. (The proposed sewer
rate increase ordinance was introduced and copies with background
information were distributed to Board Members by Little Rock
Wastewater Utility Manager Reggie Corbitt prior to adoption of the
resolution setting the public hearing.)
(c) Resolution No. 8,435, with the title being:
A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF
LITTLE ROCK TO COOPERATE IN A PROGRAM REGARDING WARNING SIGNS AT
BRIDGES.
I
(d) Resolution No. 8,436, described as:
A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO
VACATE AND CLOSE WEST 38TH STREET BETWEEN MALLOY AND ELAM STREETS, IN
JOHN BARROW'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS.
(February 19, 1991)
(e) Resolution No. 8,437, entitled:
1
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REIMBURSE
ARKANSAS LOUISIANA GAS COMPANY $66,243.94 FOR THE RELOCATION OF A 16"
GAS PIPELINE ON THE FOURCHE CREEK PROJECT, PHASE IV.
(f) Resolution No. 8,438, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH TOWNSHIP BUILDERS, INC. TO INSTALL 40 DECORATIVE STREET
'
LIGHTS IN THE QUAPAW QUARTER AREA.
(g) Removed from Consent Agenda and considered separately.
(See Resolution No. 8,444 following Consent Agenda.)
(h) Resolution No. 8,439, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH IBM CORPORATION TO PURCHASE COMPUTER HARDWARE AND
SOFTWARE UPGRADES FOR THE DEPARTMENT OF OFFICE MANAGEMENT SUPPORT.
(Not to exceed $329,130.80.)
(i) Resolution No. 8,440, entitled:
A RESOLUTION AUTHORIZING THE CITY TO EXECUTE A ONE YEAR
RENEWAL CONTRACT WITH UNITED -OF OMAHA -TO PROVIDE CONTINUATION OF THE
CURRENT EMPLOYEE VISION CARE PLAN.
1
36
February-5, 1991,'Cont'd.
(j) Resolution No. 8,441, described as: 11111 ,
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD CONTRACTS FOR BULK GRANULAR SALT FOR ICE REMOVAL FOR PUBLIC
WORKS OPERATIONS, ANNUAL CONTRACT FOR SAND, STONE AND AGGREGATE,
READY -MIX CONCRETE, AND CEMENT FOR PUBLIC WORKS OPERATIONS; POLICE
PATROL SEDANS FOR THE DEPARTMENT OF HUMAN AND GENERAL SERVICES /FLEET
SERVICES DIVISION; AND AN ANNUAL CONTRACT FOR MAINTENANCE OF RADIO AND
COMMUNICATIONS EQUIPMENT FOR THE DEPARTMENT OF HUMAN AND GENERAL
SERVICES /OFFICE OF EMERGENCY SERVICE.
(k) Resolution No. 8,442, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD CONTRACTS FOR THE FAIR PARK TO BLAKEMORE DITCH CDBG STREET
CONSTRUCTION PROJECT.
(1) Resolution No. 8,443, was added to the Consent Agenda at the
request of Director Shackelford, and contained the following title:
A RESOLUTION MAKING APPOINTMENTS TO THE PRIVATE INDUSTRY
COUNCIL. (Appointing R. David Massery and Hardy L. Winburn in the
Private Sector.)
By motion from Director Shackelford, seconded by Director
Hollingsworth, 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 meeting held January 15, 1991, the
Public Hearing held January 24, 1991 and the Special Meeting January
28, 1991 were approved as written and summarized to the members of the
Board of Directors; (b, c, d, e, f, h, i, j, k and 1) Resolutions No.
8,434, 8,435, 8,436, 8,437, 8,438, 8,439, 8,440, 8,441, 8,442 and
8,443, were read in full and adopted by unanimous voice vote of the
Board Members present. (Note: (g) Resolution was removed from Consent
Agenda and considered separately)
The next presentation was Resolution No. 8,444, which appeared as
Item (g) on the Consent Agenda. The Resolution was entitled:
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE BID PROPOSAL FROM
MOTOROLA, INC., AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A CONTRACT WITH MOTOROLA, FOR THE PURCHASE OF AN 800 MEGAHERTZ
TRUNKED RADIO SYSTEM AND RELATED EQUIPMENT FOR THE ENHANCEMENT OF THE
CITY'S 9 -1 -1 EMERGENCY COMMUNICATIONS SYSTEM; SUCH CONTRACT TO BE
CONTINGENT UPON COMPLETION OF THE METHOD OF FINANCE AND OTHER
CONDITIONS; AUTHORIZING THE PREPARATION OF DOCUMENTS FOR THE OFFERING
AND SALE OF THE CITY'S SPECIAL REVENUE BONDS (9 -1 -1 PUBLIC SAFETY
COMMUNICATION CENTER PROJECT), SERIES 1991, PURSUANT TO PROVISIONS OF
ACT NO. 683 OF 1985, AS AMENDED (ARKANSAS CODE ANNOTATED SECTION 12-
10 -301, ET SEQ.); AND FOR OTHER PURPOSES.
and the Resolution was read in full. Mr. James Witt, Territory
Manager for Ericsson-G.E. in St. Louis, spoke in opposition to the
award of the bid to Motorola and made a slide presentation comparing
'
the bids of Motorola and Ericsson -G.E. Assistant City Manager Earl
-
Paul explained the process used in evaluating the bids and the
recommendation to award the contract to Motorola. He stated that this
contract is for equipment, software and installation with one year
warranty and the second year maintenance which bidder is obligated to
provide. Mr. John O'Conner, Area Manager for Motorola, was present to
answer questions by Board Members. Following a lengthy discussion, a
motion was made by Director Hollingsworth, and seconded by Director
Roy, to adopt the Resolution. The Resolution was adopted unanimously
by voice vote of the Board Members present.
At the time allotted for Citizen Communications, Ms. Pamela
Marshall, 1422 South Summit Street, addressed the Board of Directors,
voicing concerns over the progress of the Growth Management Study
which has been included in the 1991 Budget in the amount of $150,000.
She reviewed the historical background of the Growth Management Study
and expressed concern about the city wide Strategic Plan
Implementation Strategy for the City of Little Rock or Strategic
Planning Study being proposed by a professional group instead of the
actual Growth Management Study.
Mr. Jim Lynch, 2109 Louisiana Street, speaking on behalf of the
neighborhood groups, urged the Board of Directors to proceed with the
Growth Management Study rather than the Strategic Planning document.
Febxu'ary 5',''19'91','Cont'd.
zoning Application Z- 3783 -B filed by R. Wingfield Martin for
property vested in H. Maurice Mitchell, Trustee, to rezone property
located at the southeast corner of I -440 and Bankhead Drive (long
legal description), from "R -2" Single - family District to "C -3" General
Commercial District, was the next presentation. The Planning
Commission approved the application on January 15, 1991. No
opposition to the rezoning was presented and Ordinance No. 16,001 was
considered, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES.
(ycV_$_3D - To rezone the southeast corner of I -440 and Bankhead Drive
from 'R -2' Single - family District to 'C -3' General Commercial
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 Shackelford, seconded by Director Roy, and
137
Mr. Randolph L. Mowry, 808 Lewis Street, also spoke in support of
the Growth Management Study.
City Manager Tom Dalton expanded on two points made by the
Neighborhood Task Force, one of which was the development of the
Growth Management Plan, and referred to a memo written by Jim Lawson
in which a menu was laid out: (1) analyze what you have (2) look at
what your goals are, and (3) identify the action plan. He closed by
saying our important task now is to define what that process is going
to be and that he had asked for input from the business community, the
neighborhood organizations task force, Metroplan and City staff.
Mayor Priest stated that everyone on the Board is committed to the
Growth Management Study.
At 7:40 o'clock P.M. Mayor Priest announced that there would be a
ten minute recess.
The Board of Directors reconvened at 7:50 o'clock P.M. with Mayor
Priest presiding and the following Board Members present: Directors
Roy, Hollingsworth, Lewellen, Shackelford and Catlett - total 5;
Absent - Director Dailey - total 1.
The next presentation was Ordinance No. 16,000, with the title
being:
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
'
LITTLE ROCK, ARKANSAS, PROVIDING FOR THE VACATION OF CHAPTER 27 AS NOW
PROVIDED AND THE PLACEMENT OF THAT LANGUAGE IN ITS ENTIRETY AS ARTICLE
X, WITHIN CHAPTER 36 OF THE CODE OF ORDINANCES WITH CERTAIN LANGUAGE
AMENDMENT.
(Combines the Sign Code with the Zoning Code; abolishes the Sign
Appeal Board and provides for a member of the Board of Zoning
Adjustment to be a representative of the sign industry.)
and the Ordinance was read the first time. Upon question, Mr. Jim
Lawson, Director of the Department of Neighborhoods and Planning,
stated that the concerns of representatives of the sign industry had
been worked out. Mr. Jasper Burton, Cuerden Sign Company, and Mr.
Charles Withrow, Arkansas Sign and Neon Company, both stated their
concerns had been addressed and they had no problem with the proposed
Ordinance. The rules were then suspended and the Ordinance placed on
second reading by motion from Director Shackelford, seconded by
Director Roy, which 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. Upon second reading of the
Ordinance, there was a subsequent motion by Director Shackelford,
seconded by Director Lewellen, that the rules again be suspended and
the Ordinance be placed on third and final reading. The motion was
adopted by unanimous vote of the 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 ensued, followed by an Aye and No Vote taken on passage of
the Ordinance, with the results recorded as follows: Ayes - Directors
Roy, Hollingsworth, Lewellen, Shackelford, Catlett and Mayor Priest -
total 6; Noes - None; Absent Director Dailey - total 1. Mayor Priest
then announced that the Ordinance had PASSED.
zoning Application Z- 3783 -B filed by R. Wingfield Martin for
property vested in H. Maurice Mitchell, Trustee, to rezone property
located at the southeast corner of I -440 and Bankhead Drive (long
legal description), from "R -2" Single - family District to "C -3" General
Commercial District, was the next presentation. The Planning
Commission approved the application on January 15, 1991. No
opposition to the rezoning was presented and Ordinance No. 16,001 was
considered, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES.
(ycV_$_3D - To rezone the southeast corner of I -440 and Bankhead Drive
from 'R -2' Single - family District to 'C -3' General Commercial
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 Shackelford, seconded by Director Roy, and
137
538
February 5, 199'1,'Cont'd.
The next presentation was Zoning Application Z- 4692 -A, filed by
Merlin E. Seamon, Jr. for Rosenbaum Brothers Partnership, to rezone
1505 Rebsamen Park Road from "C -3" General Commercial District to "I-
2" Light Industrial District. The Planning Commission approved the
application on January 15, 1991. No one opposed the reclassification
and Ordinance No. 16,002 was presented, containing the following
caption:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF
,
unanimously adopted by the members of the Board of Directors present,
ROCK, ARKANSAS, AMENDING SECTION 36 OF
being six in number and two - thirds or more of members of the Board of
CODE OF ORDINANCES
Directors - elect. The Ordinance was then read the second time. There
_
was an ensuing motion made by Director Shackelford, seconded by
OTHER
Director Lewellen, 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 the 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 - Directors Roy,
Hollingsworth, Lewellen, Shackelford, Catlett and Mayor Priest - total
6; Noes - None; Absent - Director Dailey - total 1. The Ordinance was
then declared PASSED.
The next presentation was Zoning Application Z- 4692 -A, filed by
Merlin E. Seamon, Jr. for Rosenbaum Brothers Partnership, to rezone
1505 Rebsamen Park Road from "C -3" General Commercial District to "I-
2" Light Industrial District. The Planning Commission approved the
application on January 15, 1991. No one opposed the reclassification
and Ordinance No. 16,002 was presented, containing the following
caption:
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- 4692 -A - To rezone 1505 Rebsamen Park Road from 'C -3' General
Commercial District to 'I -2' Light Industrial 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 Shackelford, seconded by Director Roy, and
unanimously adopted by the 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. The Ordinance was then read the second time.
There was an ensuing motion made by Director Shackelford, seconded by
Director Lewellen, 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 the 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 - Directors Roy,
Hollingsworth, Lewellen, Shackelford, Catlett and Mayor Priest - total
6; Noes - None; Absent - Director Dailey - total 1. The Ordinance was
then declared PASSED.
Consideration was then given to Zoning Application Z -5394 filed
by R. Michael Steelman, Agent for Rogers and Cowley Enterprises /RMS
Architects to rezone 800 Napa Valley Road (long legal description)
from "R -2" Single - family District to "MP-18" Multi- family District.
The application was approved by the Planning Commission on January 8,
1991. No one opposed the reclassification and Ordinance No. 16,003
was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5394 - To rezone 800 Napa Valley Road from 'R -2' Single - family
District to "MP-18' Multi- 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 Shackelford, seconded by Director Roy, 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 Shackelford, seconded by
Director Lewellen, 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 the 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 - Directors Roy,
Hollingsworth, Lewellen, Shackelford, Catlett and Mayor Priest - total 1111 1
February 5,'1991, Cont''d.
6; Noes - None; Absent - Director Dailey - total 1. The Ordinance was
then declared PASSED.
Consideration was then given to Ordinance No. 16,004, containing
the following caption:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED SCIMITAR TEMPLE (Z- 3150 -D) 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- 3150 -D - Located at #1 Scimitar Circle, from '0-3' to 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 Shackelford, seconded by Director Roy, 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 Shackelford, seconded by
Director Lewellen, 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 the 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 - Directors Roy,
Hollingsworth, Lewellen, Shackelford, Catlett and Mayor Priest - total
6; Noes - None; Absent - Director Dailey - total 1. The Ordinance was
then declared PASSED.
Introduced next was Ordinance No. 16,005, described as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED CONVENIENCE STORE -RANCH (Z- 4343 -C)
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- 4343 -C - Planned Commercial Development located in the northwest
corner of Katillius Road and Highway 10, from "C -2' Shopping Center
District to 'PCD' for a convenience store with gas pumps.)
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 Shackelford, seconded by Director Roy, and
unanimously adopted by the members of the Board of Directors present,
being six in number and two- thirds or more of the members of Board of
Directors - elect. The Ordinance was then read the second time. There
was an ensuing motion made by Director Shackelford, seconded by
Director Lewellen, 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 the 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 - Directors Roy,
Hollingsworth, Lewellen, Shackelford, Catlett and Mayor Priest - total
6; Noes - None; Absent - Director Dailey - total 1. The Ordinance was
then declared PASSED.
Resolution No. 8,445 was presented next, entitled:
A RESOLUTION DIRECTING THE CITY STAFF TO WORK WITH THE LITTLE
ROCK SCHOOL DISTRICT TO ARRIVE AT ACCEPTABLE STREET IMPROVEMENT
STANDARDS TO 83RD STREET ADJACENT TO THE CLOVERDALE SCHOOL SITE AND TO
DEFER STREET IMPROVEMENTS TO HINKSON ROAD UNTIL FURTHER DEVELOPMENT OF
THE SCHOOL PROPERTY;
Mr. Jim Lawson, Director of the Department of Neighborhoods and
Planning, explained the agreement with the Little Rock School District
regarding improvements to 83rd Street and Hinkson Road. He stated that
the School District needs to obtain a building permit and begin
construction in order to complete the improvements by the next school
year. This Resolution would direct Staff to work with the School
District to look at the street improvements required for 83rd Street,
which is the top priority, and would defer the improvements to Hinkson
Road until another phase is being developed. There was a lengthy
discussion regarding the improvements to 83rd Street. The street is
539
.� 10
February 5, 1991, Cont'd.
16 feet wide with ditches on each side. The is to and
'
plan pave widen
the street to 28 feet, with underground pipe to carry the water.
Directors Roy and Shackelford expressed opposition to a waiver or
lessening of street standards. In the general discussion, the Board
agreed to change the wording of Section 1 of the proposed Resolution
to read "That provisions of the Master Street Plan Requirements for
83rd Street and Hinkson Road be deferred and varied with respect to
time and construction standards s��pj��9 final �pp�Qy�]_9__h��oard
0f— DjKggj� 0 r -A ." The Resolution was then read in full and adopted by
the following vote: Ayes - Directors Hollingsworth, Lewellen,
Shackelford and Mayor Priest - total 4; Noes - Director Roy - total 1;
Abstentions - Director Catlett - total 1; Absent - Director Dailey -
total 1.
Consideration was then given to Ordinance No. 16,806, entitled:
AN ORDINANCE AMENDING ORDINANCE NO. 15,519 PROVIDING FOR A WAIVER
OF THE REQUIREMENTS FOR STREET IMPROVEMENTS TO BE CONSTRUCTED BY THE
LITTLE ROCK SCHOOL DISTRICT ON MABELVALE PIKE BECAUSE SUCH
IMPROVEMENTS ARE INCLUDED IN THE 1987 BOND ISSUE, AND FOR OTHER
PURPOSES;
and there was a first reading of the Ordinance. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Roy and seconded by Director Hollingsworth, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Hollingsworth that the rules again be
suspended and the Ordinance be placed on third and final reading.
Director Lewellen seconded the motion which was adopted by unanimous
vote of the 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 ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Roy, Hollingsworth,
Lewellen, Shackelford, and Mayor Priest - total 5; Noes - None;
Abstentions - Director Catlett - total 1; Absent - Director Dailey -
total 1. The Ordinance was then declared PASSED.
The next presentation was Ordinance No. 16,007, with the title
being:
AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE
BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH
AMERICAN MANAGEMENT SYSTEMS, INC. (AMS) FOR COMPUTER SOFTWARE
MAINTENANCE;
(For one year at a total cost of $47,000.)
and there was a first reading of the Ordinance. The rules were then
i
suspended.and the Ordinance placed on second reading by motion from
Director Hollingworth and seconded by Director Lewellen, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Hollingsworth that the rules again be
suspended and the Ordinance be placed on third and final reading.
Director Roy seconded the motion which was adopted by unanimous vote
of the 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 ensued, followed by an Aye
and No Vote taken on passage of the Ordinance, with the results
recorded as follows: Ayes - Directors Roy, Hollingsworth, Lewellen,
Shackelford, Catlett and Mayor Priest - total 6; Noes - None; Absent -
Director Dailey - total 1. The Ordinance was then declared PASSED.
Ordinance No. 16,008 was considered next, with the title being:
AN ORDINANCE APPROPRIATING $25,000 FROM THE 1988 CAPITAL
IMPROVEMENT BOND SALE PROCEEDS, COMMUNITY PARK ALLOCATION ACCOUNT, FOR
THE MURRAY PARK SOCCER FIELD IMPROVEMENTS, AND FOR OTHER PURPOSES;
and there was a first reading of the Ordinance. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Hollingworth and seconded by Director Lewellen, which 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
fill
February 5',''19'91,'Cont''d.
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading of the Ordinance by motion
from Director Roy, seconded by Director Lewellen, and by unanimous
vote of the 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. Upon second reading of the Ordinance, there was a
subsequent motion made by Director Hollingsworth, seconded by Director
Shackelford, that the rules be further suspended and the Ordinance be
placed on third and final reading. 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;
whereupon, the Ordinance was read the third and last time. An Aye and
No vote was taken on passage of the Ordinance which resulted as herein
recorded: Ayes - Directors Roy, Hollingsworth, Lewellen,
Shackelford, Catlett and Mayor Priest - total 6; Noes - None; Absent -
Director Dailey - total 1.
541
of Directors - elect. Upon second reading of the Ordinance, there was a
that the rules again be
subsequent motion by Director Hollingsworth
suspended and the Ordinance be placed on third and final reading.
Director Roy seconded the motion which was adopted by unanimous vote
of the 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 ensued, followed by an Aye
and No Vote taken on passage of the Ordinance, with the results
recorded as follows: Ayes - Directors Roy, Hollingsworth, Lewellen,
Shackelford, Catlett and Mayor Priest - total 6; Noes - None; Absent -
Director Dailey - total 1. The Ordinance was then declared PASSED.
A public hearing had been scheduled by Resolution No. 8,426,
adopted January 15, 1991, and notice thereof duty published in the
Arkansas Gazette on January 20, 1991, to consider the issuance of
Revenue Bonds for the Christian Retirement Center, Inc. to finance the
acquisition and expansion of a residential rental project and related
facilities for elderly persons known as Pleasant Hills Retirement
Community at 800 Napa Valley Road. Mayor Priest declared the Public
Hearing open. Mr. Fred Cowley, a partner in Rogers and Cowley
Enterprises, present owner of Pleasant Hills Retirement Community,
Attorney Christopher Barrier, Bond Counsel on the proposed Bond Issue,
and Mr. Randy Coleman, attorney for Christian Retirement Center, Inc.,
were present to answer questions by Board Members. In response to a
question by Director Lewellen, Mr. Barrier stated there are presently
165 units, and this expansion will add 36 units; 208 of the total or
41 units will be set aside for persons 55 or older with an income
below 308 of the median income of Pulaski County. (The median income
for Pulaski County is $23,000.) Upon question by Director Roy, Mr.
Coleman stated the reason they expect success this time is based on
changing management. Rogers and Cowley will remain in the management
position. The Christian Retirement Board has done all it was ever
asked or required to do. It was the developer /management and
financing entity that fell through. It was known that additional
funding would be necessary and the holder of the bonds - National
Investosr Life Insurance Company - had agreed to make those
forthcoming capital requirements and had committed to do so. National
Investors was a subsidiary of Baldwin- United, which went bankrupt and
when the time came for additional funding, they were unable to
perform. In response to a question by Director Lewellen, Mr. Coleman
stated this is a 501 -C -3 tax exempt organization under Internal
Revenue and has adopted an equal employment opportunity policy. The
Christian Retirement Center is committed both in employment and
marketing to make this affordable housing for the broadest spectrum of
the community as possible. Mr. Gary Burris, Certified Public
Accountant and a member of the Elderly Housing Facilities Board,
stated that the Elderly Housing Facilities Board had looked at the
proposal and initiated the process by adopting a Resolution of intent
to assist the Christian Retirement Center with the acquisition and
with the financing of the bond issue. Board Members were advised that
the low income rental figure of $600 a month includes shelter, meals,
utilities, maid service, transportation, 24 hour security, and access
to all activities provided, which is 908 of their needs. Mayor Priest
declared the Public Hearing closed and Ordinance No. 16,009 was then
'
presented, entitled:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF REVENUE BONDS BY THE
CITY OF LITTLE ROCK, ARKANSAS ELDERLY HOUSING FACILITIES BOARD;
DECLARING THAT THE CITY OF LITTLE ROCK IS NOT OBLIGATED ON SUCH
REVENUE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND
DECLARING AN EMERGENCY;
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading of the Ordinance by motion
from Director Roy, seconded by Director Lewellen, and by unanimous
vote of the 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. Upon second reading of the Ordinance, there was a
subsequent motion made by Director Hollingsworth, seconded by Director
Shackelford, that the rules be further suspended and the Ordinance be
placed on third and final reading. 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;
whereupon, the Ordinance was read the third and last time. An Aye and
No vote was taken on passage of the Ordinance which resulted as herein
recorded: Ayes - Directors Roy, Hollingsworth, Lewellen,
Shackelford, Catlett and Mayor Priest - total 6; Noes - None; Absent -
Director Dailey - total 1.
541
542
February 5, 1991, Cont'd. _
The Emergency Clause contained in Section 4 of the foregoing
,
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Roy, Hollingsworth, Lewellen, Shackelford, Catlett
and Mayor Priest - total 6; Noes - None; Absent - Director Dailey -
total 1. Therefore, the Ordinance, together with the Emergency
Section, was declared PASSED.
To conclude the meeting, Director Shackelford asked City Manager
i
Tom Dalton to set up a meeting with Mr. Keith Jones, Executive
Director of Central Arkansas Transit Authority, for reassessment of
the Interlocal Agreement and to discuss bus route changes. She also
requested recommendations from the City Manager for modification of
the Interlocal Agreement.
There being no further business to be presented, Mayor Priest
declared the meeting adjourned at 9:20 o'clock P.M., with the Board of
Directors to convene in regular session on Tuesday, February 19, 1991,
at 6:00 o'clock P.M.
ATTEST: APP V�EdD,:
p ,
a0.� - da.tR d,
City Clerk Robbie Hancock Mayor Sharon Priest
'
r
fill-
543.
I�III Board of Directors Chamber
Little Rock, Arkansas
February 13, 1991 - 6:30 P`:M:"
The Board of Directors of the City of Little Rock, Arkansas held
a Public Hearing for citizen input regarding the proposed "Diamond
Center" (a sports arena, museum and library complex) and other
possible capital improvements for the City of Little Rock. Mayor
Priest presided and the following Directors were present: Directors
Hollingsworth, Lewellen, Dailey and Catlett - total 4; Absent
Directors Roy and Shackelford - total 2. (The Public Hearing was set
in Section 3 of Resolution No. 8,432, adopted January 15, 1991.)
1
Townsend Wolfe, 2102 Louisiana, Support Project 2000 /Diamond Center
Arts Center - museum & library in Diamond
Center
:r
Terry
The following is a list of the
speakers and subjects:
Facts vs. truths - look at capital
Ngmg
Feaa_r!510a-
Neighborhood
David Simmons, 1014 W. 3rd St.
$15,000,000 improvements at Zoo.
Ari S. Merretazon, 616 E. 7th
Diamond Center - Institute for
Karen
St. #3
Community /Economic Development.
-Curbs & gutters, driveways, `
Layton Stuart, 2316 N. Harrison,
Baseball & sports recreational
'
West Little Rock Sports
facility.
Association.
Troy D. Laha, 6600 Baseline Rd. ''Sidewalks',
drainage & street
surfacing - Improvements to Chicot
Rd., Geyer Springs "I " , Baseline -
Rd., sidewalks on Hinkson Rd. at
Cloverdale Elementary School,
drainage problem on Poppy Lane,
Nova Lane from Frenchmen's Lane to
Geyer Springs Rd.
Robert Johnston, Quapaw Quarter
Quapaw Quarter Assoc. and Historic
Association, 1315 Scott St.
District
Bob Bomar, 916 N. Coolidge
Basketball /volleyball complex
Carol Crane, President, Ark.
Support Diamond Center. Tourism &
Chapter, Hotel Sales & Marketing
convention business must stay
Assoc,
competitive.
Fred Gray, III
Support Project 2000 & Diamond
Center.
1
Townsend Wolfe, 2102 Louisiana, Support Project 2000 /Diamond Center
Arts Center - museum & library in Diamond
Center
:r
Terry
Burris, 1617
Battery St.,
Facts vs. truths - look at capital
Pres.
Central High
Neighborhood
improvements and operational
Assoc.
rz
improvements.
Karen
Hart, 422 N.
Cedar, '=.F
-Curbs & gutters, driveways, `
Pinehurst Dist. of
Hillcrest
sidewalks & alley repairs in
Pro ert
Owners Assoc
Pinehurst District.
P Y
James Dockery, 1408 Kings Mtn. Traffic problems on Shackleford Rd.
Dr., Pres. of Walnut Valley Home & Green Mountain Dr.
Owners Assoc.
(Director Shackelford enrolled at 7:39 P.M.)
Frank Ivy, Executive Director,
Ark. Chapter of American
Institute of Architects,
University Tower Building
Bobby Roberts, Executive
Director, Central Arkansas
Library System, 700 Louisiana
St.
I
Support Project 2000.
Library needs operational funds
from City of Little Rock.
544
February 13, 1991, Cont'd. (Public Hearing)
Dr. Jesse L. Rancifer, President Poverty, revitalization, affordable
of C.O.P.E. housing, code enforcement.
and
Sherman Banks, President of
Leadership Roundtable.
Randy Mowry, 808 Lewis, Pres, of Operational needs; decrease crime;
Forest Hills Neighborhood Assoc. opposed to funding for City needs
to Diamond Center; let Diamond
Center stand or fall on its own.
Susan Boone, 2222 S. Gaines, Citizens don't understand what
Pres. of Downtown Neighborhood Diamond Center concept is;
Assoc. concerned that priorities are not
at best interest of City. Not
against Diamond Center, but need
more neighborhood & operating
,ua ai.r.,:. .:.: funding. er I: .,i ;.F..,r:.,
,, 7
Treeca Dyer, 309 S. Barton, Oppose tax for Diamond Project.
Capitol View Neighborhood Assoc.
Daniel M. Bowman, 8510 W. 34th For growth & progress; suggest get
St., Christian Ministeral group of people to work this thing
Alliance. out.
(Recessed 8:24 - 8:38.)
Sewer Impr. Dist. #147 property
Frank Daley, #6 Buckthorn, Hicks owners asked to be included in
Inter -urban Area SID #147. improvement project for financial
assistance.
Barbara Brewer, 5800 Edgewood, Funds to resurface Walker Tennis
Ark. Tennis Assoc. Courts.
Rev. Delton Jones, 2915 State Neighborhood needs south of
St., Chairman of South End Roosevelt Rd.
ACORN.
Nancy Burton, 3325 Lakeview, NLR Soccer - include improvements to
land for soccer facilities; support
Diamond Center.
Chuck Jones, 1004 Fawnwood, Support Diamond Center and War
Pres. of Razorback Lettermen's ,Memoria, l,Stadium.
• r.,l , , ,r•: -G =sxA X017 a t7 :�t.t'!
Club
Attorney Morris Thompson, 904 W. For tax and capital improvements,
2nd St. specifically Project 2000.
Jim Lynch, 2109 Louisiana St. Quality of neighborhoods must come
first. Keep families and children
in City; do something about
neighborhoods. Tax does not need
to go for Diamond Center first.
Stall this issue.
Larry Rogers for Attorney John Human & economic development;
Walker, 1723 S. Broadway, scattered housing.
Barbara Douglas, 4801 Rightsell. Pankey area - natural gas for
area, bridge on Wells St., multi-
purpose educational center.
Rev. Hezekiah Stewart, 2310 S. Support Diamond Center.
Harrison St.
Diane Davis, 3000 Chester St., Capital improvements, street
South End Neighborhood Assoc. lights, street cleaning, tree
topping, leaf pickup, curbs &
gutters, widen streets,
rehabilitation of houses.
!)A !lr .!1 I..VAtI
Bill Rogers, 16 Hunters Woods Consider property in Otter Creek
Ct., (Otter Creek) area for West Little Rock park
(Bruce Bartley property).
Alison Sanchez, 300 Rice St., Ark. Support Diamond Center, science
Museum of Science & History. museum, IMAX Theater.
February 13, 1991','Cont'd (Public Hearin'g')
Fes' ,tea .mot r�rds_�J,��t_..p�f�� k?�i,bL9 -.cad•
Cheryl Nichols, 1721 Gaines St.
Greg Nabholtz, Conway, AR
Mac Stubbs, 2605 Montreal Dr.
Todd Smith
Joe Modera
There being no other persons to speak, Mayor Priest declared the
Public Hearing closed at 9:45 o'clock P.M.
ATTEST: APPRO D:
City Clerk Robbie Hancock ayor Sharon Priest
546
Board of Directors Chamber
Little Rock, Arkansas
'
February 19, 1991 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Sharon Priest presiding. City Clerk
Robbie Hancock called the roll with the following Directors present:
Directors Roy, Hollingsworth, Lewellen, Shackelford, Dailey and
Catlett - total 6; Absent - None.
With a quorum present, Mayor Priest declared the Board of
Directors in session.
The Invocation was given by Director Hollingsworth.
The Consent Agenda was then presented, consisting of the
following items:
(a) The approval of the Minutes of the previous Board of
Directors Meeting held February 5, 1991. (Deferred until next
meeting.)
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of December, 1990.
(c) Resolution No. 8,446, entitled:
'
A RESOLUTION AUTHORIZING WATER MAIN EXTENSIONS INTO AND
I
WITHIN THE DAN GLOVER WATER IMPROVEMENT DISTRICT.
(d) Resolution No. 8,447, described as:
A RESOLUTION GRANTING SIGNATORY AUTHORITY TO THE LITTLE ROCK
WASTEWATER UTILITY MANAGER FOR THE ARKANSAS REVOLVING LOAN FUND.
(Reggie A. Corbitt)
(e) Resolution No. 8,448, with the title being:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF UNITED SYSTEMS OF
ARKANSAS, INCORPORATED TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE
PROGRAM.
(e) Resolution No. 8,449, entitled:
A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION TO
VACATE A PUBLIC UTILITY EASEMENT BETWEEN LOTS 240 AND 241 OF LONGLEA
VII -A ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (March 5, 1991)
(g) Resolution No. 8,450, with the title being:
A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS BETWEEN
GENERAL FUND POLICE BUDGET OVERTIME ACCOUNTS. ($90,000 from Downtown
,
Patrol Budget Overtime Account to the Southwest Patrol Budget Overtime
Account.)
(h) Resolution No. 8,451, described as:
A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE UNITED STATES DEPARTMENT OF THE INTERIOR FOR THE
STUDY OF STORMWATER RUNOFF FOR A COST NOT TO EXCEED $27,000 IN FISCAL
YEAR 1991; TO DIRECT THAT THE CITY ATTORNEY WORK OUT THE DETAILS OF
SUCH AGREEMENT; AND FOR OTHER PURPOSES.
(i) Resolution No. 8,452, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD CONTRACTS FOR GASOLINE AND DIESEL FUEL CONDITIONERS, AND
SECURITY SERVICE FOR THE DEPARTMENT OF GENERAL SERVICES /FLEET SERVICES
DIVISION. (Gasoline and diesel fuel conditioners - contract to
Certified Labs in an amount not to exceed $22,000; Security services -
contract to Andrews Arkansas Valley Security in an amount not to
exceed $33,524.40.)
February '19, 19911 'Cont''d.
(j) Resolution No. 8,453, with the title being:
A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON MARCH
19, 1991, TO CONSIDER AN ORDINANCE AUTHORIZING THE ISSUANCE OF
ADDITIONAL INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE ARKANSAS
MODIFICATION CENTER, INC.
By a motion from Director Shackelford, seconded by Director
Lewellen, which was adopted by unanimous vote of the Board Members
present, the Consent Agenda was dispensed with as follows: (a)- The
approval of the Minutes of the previous Board Meeting held February 5,
1991, was deferred at the request of City Clerk Robbie Hancock; (b)
The Comparative Statement of Income Account of the Little Rock
Municipal Water Works for the month of December, 1990, was received
and filed; and (c, d, e, f, g, h, i and j) Resolutions No. 8,446,
8,447, 8,448, 8,449, 8,450, 8,451, 8,452 and 8,453 were read in full
and unanimously adopted by the Board Members present.
Mayor Priest announced that the Governmental Finance Officers
Association of the United States and Canada (GFOA) has awarded the
City of Little Rock the Certificate of Achievement for Excellence in
Financial Reporting for its 1989 Comprehensive Annual Financial
Report. This is the highest level of recognition for financial
reporting made by GFOA. It denotes strict conformance with generally
accepted accounting principles, and governmental accounting and
financial reporting standards promulgated by the Governmental Account
Standards Board and GFOA. Mayor Priest congratulated Mr. John Pryor,
Director of Finance, and presented the award plaque to him.
Mayor Priest also announced that the Governmental Finance
Officers Association of the United States and Canada (GFOA) has
presented its Financial Reporting Achievement Award to Mr. Keith
Conine, Assistant Director of Finance, the person primarily
responsible for the Comprehensive Annual Financial Report. This
individual distinction recognizes his expertise in producing a report
found by an independent panel of professional reviewers to be
meritorious in all 17 areas judged. Mayor Priest congratulated Mr.
Conine and presented the award plaque to him.
No one was present to address the Board of Directors at the time
allotted for Citizen Communications. However, Mayor Priest announced
that in the future the policy of the Board of Directors will be to
limit each speaker to five minutes in order to allow everyone that
desires to speak during Citizen Communications time the opportunity to
do so.
Ordinance No. 16,010 was presented, with the title being:
AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES LOCATED IN THE CITY
' OF LITTLE ROCK FROM MARKHAM STREET TO EVERGREEN /LOOKOUT AND VAN BUREN
TO THE STATE SCHOOL FOR THE BLIND, AMENDING SECTION 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, AND FOR OTHER MATTERS.
(Z -5406, Z -5408, Z -5409, Z -5419, Z -5407, Z -5410, Z -5411, Z -5412, 2-
5413, Z -5416, Z -5417, Z -5418, Z -5414 - To rezone various properties in
the Hillcrest area.)
and after a first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect. There was a second reading of the Ordinance
followed by a subsequent motion made and seconded by Directors
Hollingsworth and Dailey, respectively, to further suspend the rules
and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board Members present, being seven
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. The Aye and No Vote taken on passage of the Ordinance
received the following response: Ayes - Directors Hollingsworth,
Lewellen, Shackelford, Dailey, Catlett, Mayor Priest and Director Roy
- total 7; Noes - None; Absent - None. The Ordinance was then declared
PASSED.
DJ I
February 19, "1991, Cont'd.
The next presentation was Ordinance No. 16,011, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR MODIFICATION AND
PROCEDURAL REVISIONS.
(Subdivision Code Sec. 31 -10, Resubdivision of Land.)
and after a first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect. There was a second reading of the Ordinance
followed by a subsequent motion made and seconded by Directors
Hollingsworth and Dailey, respectively, to further suspend the rules
and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board Members present, being seven
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. The Aye and No Vote taken on passage of the Ordinance
received the following response: Ayes - Directors Hollingsworth,
Lewellen, Shackelford, Dailey, Catlett, Mayor Priest and Director Roy
- total 7; Noes - None; Absent - None. The Ordinance was then declared
PASSED.
Zoning Application Z -5346 was the next presentation. It was
presented by Mrs. Mary Jo Boles and B.H.N. Rentals, to rezone
property at I -30 and Baseline Road (long legal description), from "R-
2" Single - family District to "I -2" Light Industrial District. The
Planning Commission approved the application on July 31, 1990. The
matter was never placed on the Agenda for the Board of Directors
consideration due to the property owner's failure to dedicate the
additional 13 foot right -of -way required. Mrs. Boles was present and
asked the Board of Directors to waive the right -of -way requirement and
rezone the property. She stated she is willing to dedicate the
additional right -of -way if and when it is needed for improvements to
Baseline Road, but is not willing to dedicate the right -of -way at this
time since the abutting property owners (Coulson Oil Company and
Munsey Manufacturing Company) did not dedicate additional right -of-
way. A lengthy discussion ensued regarding the right -of -way issue. Mr.
Mike Batie, Public Works Director, stated that the Coulson Oil site
was a unique exception involving an existing service station with its
pump island abutting Baseline Road and only part of the required
right -of -way was dedicated. City records reflect that the required
dedication from Munsey Manufacturing Company was obtained through a
final plat of the site. In conclusion Mayor Priest asked Staff to
verify whether or not Coulson Oil Company and Munsey Manufacturing
Company had dedicated additional right -of -way and provide Board
Members with a report. She advised Mrs. Boles that the Board of
Directors would reconvene on Wednesday, February 27, 1991, at 1:30
o'clock P.M. to consider the proposed Ordinance. Therefore, the
proposed Ordinance entitled: "AN ORDINANCE RECLASSIFYING PROPERTY
LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF
THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR
OTHER PURPOSES" was deferred and no action was taken.
Resolution No. 8,436 adopted February 5, 1991, scheduled a
public hearing on the petition from Habitat for Humanity to vacate and
close all of the 40 foot wide right -of -way of West 38th Street between
Malloy and Elam Streets, between Blocks 198 and 199 of John Barrow
Addition of the City of Little Rock. Notice of public hearing was
duly published on February 11, 1991 and February 18, 1991. The
proposal received approval of the Planning Commission. Attached to
the petition was a certified copy of the Plat from the Pulaski County
Circuit Clerk's Office and a letter from Beach Abstract Company
listing the last apparent owners of record to abutting property. The
public hearing was then declared open and with no one present who
wished to speak in opposition to the proposed closing, the public
hearing was declared closed and Ordinance No. 16,012 was presented,
with the titled being:
AN ORDINANCE VACATING AND CLOSING WEST 38TH STREET BETWEEN MALLOY
AND ELAM STREETS IN JOHN BARROW ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS.
549
February 19, 199'1','Cont'd.
'
a motion by
and after a first reading of the Ordinance, there was
Director Lewellen, seconded by Director Dailey, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
followed
Directors - elect. There was a second reading of the Ordinance
by a subsequent motion made and seconded by Directors Dailey and
Hollingsworth, respectively, to further suspend the rules and place
the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being seven 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. The Aye and
No Vote taken on passage of the Ordinance received the following
response: Ayes - Directors Hollingsworth, Lewellen, Shackelford,
Dailey, Catlett, Mayor Priest and Director Roy - total 7; Noes -
None; Absent - None. The Ordinance was then declared PASSED.
The next matter to be considered was Ordinance No. 16,013, that
did not appear on the Agenda, but Board Members generally agreed to
consider it as follows:
AN ORDINANCE TO AMEND ORDINANCE NO. 15,980 (THE 1991 BUDGET
ORDINANCE) APPROPRIATING $63,000 ADDITIONAL FUNDS FOR OPERATION OF
CENTRAL ARKANSAS TRANSPORTATION AUTHORITY.
'
and after a first reading of the Ordinance, there was a motion by
Dailey, seconded by Director Lewellen, to suspend the rules
Director
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors- elect. There was a second reading of the Ordinance followed
by a subsequent motion made and seconded by Directors Dailey and
Hollingsworth, respectively, to further suspend the rules and place
the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being seven 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. There was a
lengthy discussion among Board Members regarding the operation and
funding of the bus system. The Aye and No Vote taken on passage of the
Ordinance received the following response: Ayes - Directors
Hollingsworth, Lewellen, Shackelford, Dailey, Catlett, Mayor Priest
and Director Roy - total 7; Noes - None; Absent - None. The Ordinance
was then declared PASSED.
At 7:30 o'clock P.M. Mayor Priest declared a ten minute recess.
The Board of Directors reconvened at 7:43 o'clock P.M. with Mayor
Priest presiding and the following Board Members present: Directors
Roy, Hollingsworth, Lewellen, Shackelford, Dailey and Catlett - total
6; Absent - None.
The last matter to be considered was a proposed Ordinance
entitled:
AN ORDINANCE AUTHORIZING MEMBERSHIP IN THE METROPOLITAN
SANITATION AUTHORITY AND PARTICIPATION IN THE FINANCING OF THAT
AUTHORITY'S ACTIVITIES AND FOR OTHER LEGAL PURPOSES;
and the proposed Ordinance was read the first time. Mr. Jim McKenzie,
Executive Director of Metroplan, made a slide presentation on the
Metropolitan Sanitation Authority for a regional solid waste facility.
The two options for dealing with interlocal arrangements in Arkansas
in solid waste are Act 430 of 1967, the Interlocal Cooperation Act,
and Act 699 of 1979, the Joint County and Municipal Solid Waste
Disposal Act, which is a more specific targeted means of interlocal
cooperation. The Task Force chose to organize an interlocal solution
under Act 699. Following the slide presentation, there was a lengthy
discussion among Board Members with questions directed to Mr.
McKenzie, Public works Director Mike Batie, and City Manager Tom
Dalton. City Manager Tom Dalton asked the Board to look at the
alternative of a single entity taking on the responsibility on a
regional basis and through Interlocal Agreements negotiated with
municipalities reaching the same kinds of conclusions that an
Authority could give. He suggested looking to Pulaski County as the
regional provider. Board Members expressed concerns about how the
City of Little Rock would protect itself. Mr. McKenzie urged the
Board to make a decision regarding being part of the Authority so the
jurisdiction can see if there is another alternative. There was no
i
5
February 19, 1991, Cont'd.
motion and second to suspend the rules; therefore, the proposed
Ordinance was left on the calendar for second reading.
There being no further business to be presented, Mayor Priest
declared the meeting recessed at 9:00 o'clock P.M., with the Board of
Directors to reconvene at 1 :30 P.M. on Wednesday, February 27, 1991,
to consider Zoning Case Z -5346.
ATTEST: APP ED: �w�, &��
CITY CLERK ROBBIE HANCOCK MAYOR SHARON PRIEST
r
J
Board of Directors Chamber
Little Rock, Arkansas
February 27, 1991 - 1:40 P.M.
The Board of Directors of the City of Little Rock, Arkansas
reconvened from the February 19, 1991 regular Board Meeting with Mayor
Sharon Priest presiding. City Clerk Robbie Hancock called the roll
with the following Directors present: Directors Roy, Hollingsworth,
Lewellen, Dailey and Catlett - total 5; Absent - Director Shackelford
- total 1.
With a quorum present, Mayor Priest declared the Board of
Directors in session.
The purpose of the reconvened meeting was to consider a request
by Mrs. Mary Jo Boles to waive the requirement for right -of -way
dedication and to rezone property located at I -30 and Baseline Road
(Z -5346) from "R -2" Single - family District to "I -2" Light Industrial
' District.
.LW E: The policy of the Board of Directors is to require
dedication of needed right -of -way as shown on the Master Street Plan
before property is rezoned. [LRCC Sec. 36- 85(d)]. However, this
zoning matter appeared on the Agenda for the Board of Directors
Meeting held February 19, 1991 due to Mrs. Boles request for a waiver
of the right -of -way dedication. Following a lengthy discussion, Mayor
Priest asked for a Staff report on the dedication of right -of -way by
abutting property owners, Coulson Oil Company and Muncey Manufacturing
Company, and deferred further action until the reconvened meeting.
[See Minutes of February 19, 1991 Meeting.])
Mrs. Boles again asked the Board of Directors to waive the
right -of -way dedication requirement and to rezone the property. Mr.
Mike Batie, Director of the Department of Public Works, and Mr. Don
McChesney, City Engineer, responded to questions by Board Members
regarding right -of -way dedication by abutting property owners, Coulson
Oil Company and Muncey Manufacturing Company. Following a lengthy
discussion, there was a motion by Director Catlett, seconded by
Director Hollingsworth, to remove this matter from the Agenda until
the right -of -way issue is dissolved. The motion was adopted by the
following vote: Ayes - Mayor Priest, Directors Hollingsworth,
Lewellen, Dailey and Catlett - total 5; Noes - Director Roy - total 1;
Absent - Director Shackelford - total 1. Therefore, the proposed
Ordinance entitled "AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN
THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER
PURPOSES" was not presented.
There being no further business to be presented, Mayor Priest
declared the meeting adjourned at 2:10 o'clock P.M., with the Board of
Directors to convene in regular session on Tuesday, March 51 1991, at
6:00 o'clock P.M.
ATTEST: APPROVED:
City Clerk Robbie Hancock haron Priest
u
551
I
Board of Directors Chamber
Little Rock, Arkansas
March 5, 1991 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Sharon Priest presiding. City Clerk
Robbie Hancock called the roll with the following Directors present:
Directors Roy, Hollingsworth, Lewellen, Shackelford, Dailey and
Catlett - total 6; Absent - None.
With a quorum present, Mayor Priest declared the Board of
Directors in session.
The Invocation was given by Director Lewellen.
The Consent Agenda was then presented, consisting of the
following items:
(a) The approval of the Minutes of the previous Board of
Directors Meetings held February 5, 1991 and February 19, 1991, the
Public Hearing held February 13, 1991, and the reconvened meeting held
February 27, 1991.
(b) A motion setting the date for a Public Hearing on March 19,
1991, on the projected use of 1991 CDBG funding.
(c) Resolution No. 8,454, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO
ABANDON A PORTION OF RIGHT -OF -WAY OF SPRUCE STREET IN THE CITY OF
LITTLE ROCK, ARKANSAS. (March 19, 1991)
(d) Resolution No. 8,455, described as:
A RESOLUTION APPOINTING BILLIE FREEMAN AS A COMMISSIONER OF
THE BOARD OF COMMISSIONERS OF SEWER IMPROVEMENT DISTRICT NO. 147 OF
THE CITY OF LITTLE ROCK, ARKANSAS. (To replace Ernest Ekrut.)
(e) Resolution NO. 8,456, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. FOR ENGINEERING
SERVICES TO BRING UNDERGROUND FUEL STORAGE TANKS IN COMPLIANCE WITH
ENVIRONMENTAL PROTECTION AGENCY AND DEPARTMENT OF POLLUTION CONTROL
AND ECOLOGY REQUIREMENTS.
(f) Resolution No. 8,457, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH MOTOROLA FOR THE PURCHASE OF AN 800 MEGAHERTZ TRUNKED
RADIO SYSTEM AND RELATED EQUIPMENT, IN SUBSTANTIALLY THE SAME FORM AS
ATTACHED; TO SET A PUBLIC HEARING ON THE PROPOSED
9 -1 -1 PUBLIC SAFETY COMMUNICATION CENTER PROJECT BOND ISSUE PURSUANT
TO ARKANSAS CODE ANNOTATED SEC. 19 -9 -601 ET SEQ.; AND FOR OTHER
PURPOSES. (Public Hearing April 2, 1991)
(g) Resolution No. 8,458, described as:
A RESOLUTION AUTHORIZING THE OFFERING OF UP TO $4,000,000
CITY OF LITTLE ROCK, ARKANSAS 9 -1 -1 EMERGENCY COMMUNICATIONS SYSTEM
BONDS, SERIES 1991 (THE "BONDS "); APPROVING THE FORM OF OFFICIAL
NOTICE OF SALE, OFFICIAL BID FORM, AND PRELIMINARY OFFICIAL STATEMENT;
AND PROVIDING FOR OTHER MATTERS IN CONNECTION WITH THE ISSUANCE OF THE
BONDS.
(h) Resolution No. 8,459, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD CONTRACTS FOR JANITORIAL SERVICES FOR THE DEPARTMENT OF GENERAL
SERVICES; AND FUEL AND AEROSOL PRODUCTS FOR THE DEPARTMENT OF GENERAL
SERVICES /FLEET SERVICES DIVISION.
sJ�
March 5. 1991, Cont'd.
2
(i) Resolution No. 8,460, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR CDBG STREET RECONSTRUCTION OF OAK STREET (19TH
STREET TO 20TH STREET AND JOHNSON STREET FROM ASHER AVENUE TO
ROOSEVELT ROAD) FOR THE DEPARTMENT OF NEIGHBORHOODS & PLANNING.
(Contract to Township Builders, Inc. in an amount not to exceed
$198,000.)
(j) Added to the Consent Agenda was a motion to set a public
hearing on March 19, 1991, to consider the appeal of a Conditional
Use Permit (Z -5391) for Pulaski Heights United Methodist Church at
Woodlawn and North Spruce Streets.
Mayor Priest and the City Directors then made presentations to
families of City employees stationed in Saudi Arabia. Those present
were: Mrs. Connie Bauldree, wife of James Bauldree, Police Officer;
Mrs. Paula Calhoun, wife of Timothy Calhoun, Police Officer; Mrs.
Linda Casteel, wife of Deral Casteel, Police Officer; Mrs. Melissa
Hodo, wife of David Hodo, Police Officer; Mrs. Elizabeth Jackson, wife
of Dana Jackson, Police Officer; and Mrs. Stephanie Marsh, wife of
Eric Marsh, Firefighter. City employees on active duty who did not
have a family representative present were: Jack Patton, Neighborhoods
& Planning; Betty Banks, Recreational Leader; Karlton Nicholas, Police
Officer; Clement Papineau, Police Officer; and Mike Robinson, Chief of
Sanitation Collection.
No one was present to address the Board of Directors at the time
allotted for Citizen Communications.
The next presentation was Resolution No. 8,461, entitled:
A RESOLUTION CHANGING THE NAME OF HIGH STREET FROM WEST 36TH
STREET, NORTH TO 7TH STREET TO DR. MARTIN LUTHER KING, JR. DRIVE; AND
FOR OTHER PURPOSES;
(The street name change will become effective January 15, 1992.)
and the Resolution was read in full. Mr. Joe Franklin, Chairman of
the NAACP Committee to re -name High Street Dr. Martin Luther King, Jr.
Drive, urged the Board of Directors to support the renaming of High
Street. He also recognized Mrs. Daisey Bates, an international
leader of Civil Rights, who was present in support of the Resolution.
Mr. Dale Charles, President of the Little Rock Branch of NAACP, also
urged the Board to vote for this change. Mr. Ari S. Merretazon
supported the naming of a street Dr. Martin Luther King, Jr. Drive,
but felt that High Street was not the appropriate street. He
suggested a major thoroughfare such as Markham Street, University
Avenue, Broadway Street, or Roosevelt Road would be more comparable to
Dr. King's station in history. Director Shackelford expressed concern
that someone would request another street in place of High Street
after NAACP members had done all the ground work and came to the Board
of Directors with a request from the people on High Street. There was
some discussion about changing the name of Woodlane Street, which runs
in front of the State Capitol, to Dr. Martin Luther King, Jr. Drive at
some future date. Mr. Mike Batie, Director of Public Works, had
samples of the proposed street name marker. City Manager Tom Dalton
advised the Board that Staff would work with the Post Office and come
back to the Board with the final street name sign.
At 7:05 o'clock P.M. Mayor Priest declared a five minute recess.
I
By motion from Director Dailey, seconded by Director Shackelford,
which was unanimously adopted by voice vote of the Board Members
present, the Consent Agenda was dispensed with as follows: (a) The
Minutes of the previous meetings held February 5, 1991 and February
19, 1991, the Public Hearing held February 13, 1991, and the
reconvened meeting held February 27, 1991, were approved as written
and summarized to members of the Board of Directors; (b) Motion was
made and adopted to hold a public hearing on March 19, 1991, on the
projected use of 1991 CDBG fundings; (c, d, e, f, g, h, and i)
Resolutions No. 8,454, 8,455, 8,456, 8,457, 8,458, 8,459 and 8,460
were read in full and adopted by unanimous voice vote of the Board
the Motion to hold a public hearing on March 19,
Members present; and
1991, to consider the appeal of a Conditional Use Permit for Pulaski
Heights United Methodist Church was adopted by unanimous voice vote of
the Board Members present.
Mayor Priest and the City Directors then made presentations to
families of City employees stationed in Saudi Arabia. Those present
were: Mrs. Connie Bauldree, wife of James Bauldree, Police Officer;
Mrs. Paula Calhoun, wife of Timothy Calhoun, Police Officer; Mrs.
Linda Casteel, wife of Deral Casteel, Police Officer; Mrs. Melissa
Hodo, wife of David Hodo, Police Officer; Mrs. Elizabeth Jackson, wife
of Dana Jackson, Police Officer; and Mrs. Stephanie Marsh, wife of
Eric Marsh, Firefighter. City employees on active duty who did not
have a family representative present were: Jack Patton, Neighborhoods
& Planning; Betty Banks, Recreational Leader; Karlton Nicholas, Police
Officer; Clement Papineau, Police Officer; and Mike Robinson, Chief of
Sanitation Collection.
No one was present to address the Board of Directors at the time
allotted for Citizen Communications.
The next presentation was Resolution No. 8,461, entitled:
A RESOLUTION CHANGING THE NAME OF HIGH STREET FROM WEST 36TH
STREET, NORTH TO 7TH STREET TO DR. MARTIN LUTHER KING, JR. DRIVE; AND
FOR OTHER PURPOSES;
(The street name change will become effective January 15, 1992.)
and the Resolution was read in full. Mr. Joe Franklin, Chairman of
the NAACP Committee to re -name High Street Dr. Martin Luther King, Jr.
Drive, urged the Board of Directors to support the renaming of High
Street. He also recognized Mrs. Daisey Bates, an international
leader of Civil Rights, who was present in support of the Resolution.
Mr. Dale Charles, President of the Little Rock Branch of NAACP, also
urged the Board to vote for this change. Mr. Ari S. Merretazon
supported the naming of a street Dr. Martin Luther King, Jr. Drive,
but felt that High Street was not the appropriate street. He
suggested a major thoroughfare such as Markham Street, University
Avenue, Broadway Street, or Roosevelt Road would be more comparable to
Dr. King's station in history. Director Shackelford expressed concern
that someone would request another street in place of High Street
after NAACP members had done all the ground work and came to the Board
of Directors with a request from the people on High Street. There was
some discussion about changing the name of Woodlane Street, which runs
in front of the State Capitol, to Dr. Martin Luther King, Jr. Drive at
some future date. Mr. Mike Batie, Director of Public Works, had
samples of the proposed street name marker. City Manager Tom Dalton
advised the Board that Staff would work with the Post Office and come
back to the Board with the final street name sign.
At 7:05 o'clock P.M. Mayor Priest declared a five minute recess.
I
r
March 5. 1991. Cont'd
The Board of Directors reconvened at
Priest presiding and the following Board
Roy, Hollingsworth, Lewellen, Shackelford,
6; Absent - None.
3
7:10 o'clock P.M. with Mayor
Members present: Directors
Dailey and Catlett - total
The next presentation was Ordinance No. 16,014, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5398 - To rezone 9007 Johnson Lane from 'R -2° Single - family
District to R -7A Manufactured Home District.)
and the Ordinance was read the first time, followed by a motion from
Director Dailey to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Lewellen and adopted by
unanimous vote of the Board Members present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect, and
a second reading of the Ordinance ensued. The rules were again
suspended and the Ordinance placed on third and final reading by a
motion again made by Director Dailey and seconded by Director Lewellen
and unanimously adopted by the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. The Ordinance was read the third time. Mr. Jim
Lawson, Director of Neighborhoods and Planning, made a slide
presentation of the area, stating there are a lot of mobile homes in
this area. Mr. Russell H. Clark, applicant, advised Board Members
that there had previously been a mobile home at this location and all
the utilities were already in place. Following the lengthy
discussion, there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the results recorded as follows: Ayes -
Directors Lewellen, Shackelford, Dailey, Catlett, Mayor Priest,
Directors Roy and Hollingsworth - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 16,015, described
as:
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
LITTLE ROCK, ARKANSAS, PROVIDING FOR THE INCLUSION OF ADMINISTRATIVE
APPEAL AND INTERPRETATION FEES FOR SIGNS IN CHAPTER 23;
with the Ordinance being read the first time, after which there was a
motion by Director Roy, seconded by Director Hollingsworth, to suspend
the rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect, and a second reading of the Ordinance
ensued. There was a subsequent motion by Director Catlett, seconded
by Director Dailey, to suspend the rules and place the Ordinance on
third and final reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors -elect and
there was a third and last reading of the Ordinance, followed by an
Aye and No Vote on the passage of the Ordinance which resulted as
follows: Ayes - Director Lewellen, Shackelford, Dailey, Catlett,
Mayor Priest, Directors Roy and Hollingsworth - total 7; Noes - None;
Absent - None. Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 16,016, 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;
(Lot 1, Saxton's Second Addition - To waive requirement of curb and
gutters, underground storm drainage and sidewalks at 2923 West 60th
Street.)
with the Ordinance being read the first time, after which there was a
motion by Director Dailey, seconded by Director Lewellen, to suspend
the rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members 'of the
Board of Directors - elect, and a second reading of the Ordinance
ensued. There was a subsequent motion by Director Dailey, seconded by
Director Lewellen, to suspend the rules and place the Ordinance on
r
March 5, 1991, Cont'd.
AN ORDINANCE AMENDING SECTION 1(e), SECTION 2, SECTION 3 AND
SECTION 4 OF ORDINANCE NO. 13,982 APPROVED FEBRUARY 17, 1981, AS
PREVIOUSLY AMENDED BY ORDINANCE NUMBER 15,242, APPROVED FEBRUARY 3,
1987, FIXING RATES FOR SERVICES RENDERED BY THE WASTEWATER UTILITY OF
THE CITY OF LITTLE ROCK, ARKANSAS, REPEALING ORDINANCE 15,242,
APPROVED FEBRUARY 3, 1987; DECLARING AN EMERGENCY, AND FOR OTHER
PURPOSES;
(Rates become effective April 5, 1991.)
and said Ordinance was read the first time, followed by a motion from
Director Lewellen to suspend the rules and place the Ordinance on
second-.reading. The motion was seconded by Director Shackelford and
." adopted by unanimous vote of the Board Members present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance followed. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Hollingsworth and
555
4
adopted by
third and final reading. The motion was unanimously
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors -elect and
there was a third and last reading of the Ordinance, followed by an
Aye and No Vote on the passage of the Ordinance which resulted as
follows: Ayes - Director Lewellen, Shackelford, Dailey, Mayor Priest,
Directors Roy and Hollingsworth - total 6; Noes - None; Abstentions -
Director Catlett - total 1; Absent - None. Whereupon, the Ordinance
was declared PASSED.
Resolution No. 8,449 adopted February 19, 1991, scheduled a
public hearing on the petition from F. Allen White and Afton C. White
to vacate a 10 foot wide public utility easement between Lots 240 and
241 of Longlea VII -A Addition of the City of Little Rock, Arkansas.
Notice of public hearing was duly published on February 26, 1991 and
March 5, 1991. Attached to the petition was a certified copy of the
Plat from the Pulaski County Circuit Clerk's Office and a letter from
American Abstract and Title Company listing the last apparent owners
of record of abutting property. The public hearing was then declared
open and with no one present who wished to speak in opposition to the
proposed closing, the public hearing was declared closed and Ordinance
No. 16,017 was presented, with the title being:
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT BETWEEN LOTS 240
AND 241 OF LONGLEA VII -A ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS;
and after a first reading of the Ordinance, there was a motion by
Director Roy, seconded by Director Hollingsworth, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors- elect, and a second reading of the Ordinance ensued. There
was a subsequent motion by Director Catlett, seconded by Director
Hollingsworth, to suspend the rules and place the Ordinance on third
and final reading. The motion was unanimously adopted by members of
the Board of Directors present, being seven in number and two - thirds
or more of the members of the Board of Directors -elect and there was a
third and last reading of the Ordinance, followed by an Aye and No
Vote on the passage of the Ordinance which resulted as follows: Ayes
- Directors Lewellen, Shackelford, Dailey, Catlett, Mayor Priest,
Directors Roy and Hollingsworth —total 7; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
A public hearing had been scheduled by Resolution No. 8,434,
adopted February 5, 1991, and notice thereof duly published on
February 11, 1991, for the purpose of considering an increase in sewer
rates. Mayor Priest declared the public hearing open. Mr. Reggie
Corbitt, Manager of Little Rock Wastewater Utility, made a lengthy
presentation of the proposed sewer rate increase and explained certain
actions mandated under Court Order by Arkansas Polution Control and
Ecology and the U. S. Environmental Protection Agency. Mayor Priest
asked Mr. Corbitt to provide the Board with an update of the areas
without sewer service in the City of Little Rock and a plan to
systematically provide service to those areas. No one else offered
any comments regarding the sewer rate increase. Following Mr.
Corbitt's presentation and questions by Board Members, Mayor Priest
declared the public hearing closed and Ordinance No. 16,018 was
presented, entitled:
AN ORDINANCE AMENDING SECTION 1(e), SECTION 2, SECTION 3 AND
SECTION 4 OF ORDINANCE NO. 13,982 APPROVED FEBRUARY 17, 1981, AS
PREVIOUSLY AMENDED BY ORDINANCE NUMBER 15,242, APPROVED FEBRUARY 3,
1987, FIXING RATES FOR SERVICES RENDERED BY THE WASTEWATER UTILITY OF
THE CITY OF LITTLE ROCK, ARKANSAS, REPEALING ORDINANCE 15,242,
APPROVED FEBRUARY 3, 1987; DECLARING AN EMERGENCY, AND FOR OTHER
PURPOSES;
(Rates become effective April 5, 1991.)
and said Ordinance was read the first time, followed by a motion from
Director Lewellen to suspend the rules and place the Ordinance on
second-.reading. The motion was seconded by Director Shackelford and
." adopted by unanimous vote of the Board Members present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance followed. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Hollingsworth and
555
SJ�
March 5, 1991, Cont'd.
5
Dailey, respectively, and unanimously adopted by the Board Members
present, being seven 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, there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the response being: Ayes - Directors
Lewellen, Shackelford, Dailey, Catlett, Mayor Priest, Directors Roy
and Hollingsworth - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 7 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Directors Lewellen, Shackelford, Dailey, Catlett, Mayor Priest,
Directors Roy and Hollingsworth - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance together with the Emergency Section was
declared PASSED.
A proposed Ordinance was placed on the Agenda entitled: 'AN
ORDINANCE TO AMEND ORDINANCE 315,980 (1991 BUDGET ORDINANCE);
APPROPRIATING FUNDS FOR CERTAIN EXPENDITURES." Mayor Priest announced
that no action would be taken at this time and the proposed Ordinance
was deferred until March 19, 1991.
The next presentation was a motion to withdraw a proposed
Ordinance entitled: "AN ORDINANCE AUTHORIZING MEMBERSHIP IN THE
METROPOLITAN SANITATION AUTHORITY AND PARTICIPATION IN THE FINANCING
OF THAT AUTHORITY'S ACTIVITIES AND FOR OTHER LEGAL PURPOSES," which
,
was read the first time on February 19, 1991 and left on the calendar
for second reading. There was a motion and second by Directors
Shackelford and Hollingsworth, respectively, to adopt the motion.
Therefore, the motion to withdraw the proposed Ordinance was
unanimously adopted by voice vote of the Board Members present.
The next presentation was Ordinance No. 16,019, entitled:
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.
and the Ordinance was read the first time, after which there was a
motion by Director Dailey, seconded by Director Shackelford, to
suspend the rules and place the Ordinance on second reading. The
motion was adopted by unanimous vote of the Board Members present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect, and a second reading of the Ordinance
followed. The rules were again suspended and the Ordinance placed on
third and final reading by a motion made and seconded by Directors Roy
and Catlett, respectively, and unanimously adopted by the Board
Members present, being seven 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, there was an Aye and No Vote taken on the
I
question, Shall the Ordinance Pass, with the response being: Ayes -
Directors Lewellen, Shackelford, Dailey, Catlett, Mayor Priest,
Directors Roy and Hollingsworth - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Directors Lewellen, Shackelford, Dailey, Catlett, Mayor Priest,
Directors Roy and Hollingsworth - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance together with the Emergency Section was
declared PASSED.
Presented next was Ordinance No. 16,020, entitled:
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.
and before the Ordinance was read, Mayor Priest asked that 2304
Louisiana Street be deleted from the Ordinance. The Ordinance was
then read the first time, after which there was a motion by Director
Dailey, seconded by Director Shackelford, to suspend the rules and
place the Ordinance on second reading. The motion was adopted by
unanimous vote of the Board Members present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect, and
a second reading of the Ordinance followed. The rules were again
,
J
pi
1
March 5, 1991, Cont'd.
6
suspended and the Ordinance placed on third and final reading by a
motion made and seconded by Directors Roy and Catlett, respectively,
and unanimously adopted by the Board Members present, being seven 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,' tkieie `wa.'"In Aye and ,No' Vote "taken "ori the -question, 'Shall
the Ordinance Pass, with" the response being: , Ayes, ' Directors
Lewellen, Shackelford, Dailey, Catlett, 'Mayor Priest, 'Directors 'Roy
and Hollingsworth - total 7; Noes - None; Absent - None.
The Emergency Clause contained`'inl`S6dtion`5' of 'the' foregoing
Ordinance was then read and adopted by the following roll call vote:
Directors Lewellen, Shackel'ford', "11 Dailey, "Catlett;'' Mayo'r'' 'Priest,
Directors Roy and Hollingsworth - total 7; Noes - None; Absent - None.
Whereupon, the Ord'indrice together ` 7ith' `the Emergency`'-Sedtko"W .Wa's
declared PASSED.
The last matter to be considered was Resolution No. 8,462, which
did not appear on the Agenda, but the Board of Directors unanimously
agreed to present it for consideration, entitled: r, l
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A BILL OF SALE AND
OTHER DOCUMENTS TO THE CITY OF LITTLE ROCK, ARKANSAS, EMERGENCY
MEDICAL HEALTH CARE FACILITIES BOARD, ( "AMBULANCE AUTHORITY "); SELLING
TO THE AMBULANCE AUTHORITY THE CITY'S INTEREST IN THE AMBULANCE
AUTHORITY HEADQUARTERS 'BUILDING AT EIGHTH' AND RINGO STREETS AND" FOR
OTHER PURPOSES;
and the Resolution was read in full. There was a motion by Director
Shackelford, seconded by Director Dailey, to adopt the Resolution.
The Resolution was adopted unanimously by voice vote of the Board
Members present. t
There being no furthet" business "to' be"' presented;,'' Mayor -Pri'esE'r
declared the meeting adjourned at 8:50 o'clock P.M., with-the Board-of
Directors to convene in regular session on Tuesday, March 19, 1991, at
6:00 o'clock P.M.
ATTEST:
�od.E..c_ �lLwcoc�
City Clerk Robbie Hancock
APPROVED:
�LBY�
Mayor Sharon Priest.
N ... r r.r.• rr K
jJ a
558
Board of Directors Chamber
Little Rock, Arkansas
March 19, 1991 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Sharon Priest presiding. City Clerk
Robbie Hancock was present and called the roll with the following
Directors in attendance: Directors Roy, Hollingsworth, Lewellen,
Shackelford, Dailey and Catlett - total 6; Absent - None.
Mayor Priest announced that a quorum was present and the
proceedings of the meeting are recorded as follows:
The Invocation was given by Director Shackelford.
The Consent Agenda was the first presentation, consisting of the
following items:
(a) The approval of the Minutes of the previous Board Meeting
held March 5, 1991.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of January, 1991.
(c) The 1990 Audit Report of the Little Rock Port Authority.
(d)
The 1990 Audit
Report
of the Little Rock Wastewater Utility.
(e)
Resolution No.
8,463,
entitled:
A RESOLUTION AUTHORIZING THE LITTLE ROCK FIRE DEPARTMENT TO
PROVIDE FIRE SERVICE FOR ONE YEAR TO CERTAIN BUSINESSES OUTSIDE THE
CITY OF LITTLE ROCK. (5 -1 -91 to 4 -30 -92 for Sharper Image - 2200 E.
145th St., Siemens - Allis, Inc. - 14000 Dineen Dr., Levi Strauss -
15000 Panatella Parkway, Elf Asphalt - 89 Shamburger Lane, Wildwood
Park - 20919 Denny Road)
(f) Resolution No. 8,464, with the title being:
A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION TO
VACATE A PUBLIC UTILITY EASEMENT IN LOT 1 OF THE REPLAT OF PLEASANT
PLACE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (April 16, 1991)
(g) Resolution No. 8,465, described as:
A RESOLUTION APPOINTING JAMES A. ROGERS AS A COMMISSIONER OF
THE BOARD OF COMMISSIONERS OF VIMY RIDGE MUNICIPAL WATER IMPROVEMENT
DISTRICT NO. 130 OF THE CITY OF LITTLE ROCK, ARKANSAS. (Fill vacancy
created by resignation of Mr. Coy Dean.)
(h) Resolution No. 8,466, entitled:
A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FROM THE
1988 CAPITAL IMPROVEMENT BOND PROJECT FOR IMPROVEMENTS TO HISTORIC
BUILDING FACADES AS APPROVED IN THE CENTRAL BUSINESS DISTRICT.
(i) Resolution No. 8,467, with the title being:
A RESOLUTION SETTING THE DATE FOR PUBLIC HEARING ON APRIL 2,
1991, TO CONSIDER THE ISSUANCE OF SEWER REVENUE BONDS IN THE MAXIMUM
PRINCIPAL AMOUNT OF $6,000,000.
(j) Resolution No. 8,468, described as:
VIII WORKSU PORT OF THE CURRENT PAGIS DATABASE T
CONTRACT AWARD A O
FOR ELECTROSTATIC COLOR PLOTTER
THE DEPARTMENT OF PUBLIC
(k) Resolution No. 8,469, entitled:
A RESOLUTION APPROVING THE PURCHASE OF TWELVE ADDITIONAL
POLICE SEDANS FOR THE DEPARTMENT OF GENERAL SERVICES /FLEET SERVICES
DIVISION.
1
March 19, '1991, Cont'd.
Mr. George Parrault, 8904 Taliaferro Road, Mabelvale, asked the
Board to consider amending the dog leash ordinance for rural areas,
such as Hinke Road. He stated that dogs give protection from
prowlers. His dog and a neighbor's dog were picked up because they
were running loose, but he feels that dogs are a deterrent to crime by
alerting owners to prowlers that might steal equipment. Mayor Priest
asked City Manager Tom Dalton to provide Board Members with a report
on how viable it would be to make such an amendment.
A public hearing had been scheduled by Resolution No. 8,453 for
this time and place to consider the issuance of up to $3,250,000
' Industrial Development Revenue Bonds for the Arkansas Modification
Center, Inc., and notice of hearing was duly,published on,February 25,
1991. Mayor Priest declared the public hearing open. There was no
one present who wished to speak on the matter.; therefore, Mayor Priest
declared the public hearing closed. The proposed Ordinance
authorizing issuance of the bonds will be considered on April 2, 1991.
Zoning Application Z- 3810 -B from Jim Moses for the Snider
Corporation, to rezone Block 3, Forest Hill Addition (I -630 between
Pine and Cedar Streets) from Planned Commercial Development to "0 -3”
General Office District was introduced. The Planning Commission
approved the application on February 26, 1991. (ordinance No. 14,220,
passed April 6, 1982, changed the zone classification from "R -4" and
"0 -3" to "PCD. ") No opposition was presented and Ordinance No. 16,021
was considered, entitled:
AN ORDINANCE AMENDING ORDINANCE NO. 14,220 AND MODIFYING A "PCD"
DISTRICT TITLED SNIDER COMMERCIAL PARK PCD (Z -3810) IN THE CITY OF
LITTLE ROCK, ARKANSAS.
(Z- 3810 -B - I -630 between Pine and Cedar Streets; Reclassify from
°PCD° to 00-3° General office.)
and after the first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Roy, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
559
seconded by Director Dailey,
By motion from Director Shackelford,
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 meeting held March 5, 1991, were approved as
written and summarized to members of the Board of Directors; (b, c &
d) The Comparative Statement of Income Account of the Little Rock
Municipal Water Works for the month of January, 1991, the 1990 Audit
Report of the Little Rock Port Authority, and the 1990 Audit Report of
the Little Rock Wastewater Utility were received and filed; and (e, f,
g, h, i, j & k) Resolutions No. 8,463, 8,464, 8,465, 8,466, 8,467,
8,468, and 8,469, were read in full and adopted by unanimous voice
vote of the Board Members present.
At the time allotted for Citizen Communications, Mr. Ernest
Ekrut, 2210 Perry Street, a former commissioner of Sewer Improvement
District No. 147, stated that he was unjustly removed as a
Commissioner and was not notified that such action was pending.
Resolution No. 8,455, adopted March 5, 1991, appointed Mrs. Billie
Freeman as a Commissioner on the Board of Commissioners of Sewer
Improvement District No. 147, replacing Mr. Ernest Ekrut. (On
February 12, 1991, a petition was filed in the City Clerk's Office,
which stated that Mr. Ekrut no longer owned property within the
District and pursuant to ACA 14- 88- 304(b) was no longer qualified to
be a Commissioner. Attached to the petition was a certificate from
Beach Abstract & Guaranty Company which stated that Lots 23 and 24,
Block 1, Hicks Inter -Urban Addition was conveyed by Merton Ernest
Ekrut and Wilma Jean Ekrut to Edward Earl Ekrut.by Warranty,.Deed „filed
for record November 2, 1987 and recorded as Instrument No. 87- 68782.)''
Mr. Ekrut stated that he does maintain an interest in the property and
did not sell it or move. Also present were Mr. Frank Daley, a
Commissioner of Sewer Improvement District No. 147, and Mrs. Karen
Johnson, Attorney for the District. Mr. Daley stated he would like
for Mr. Ekrut to remain a commissioner, but if Mr. Ekrut is not
eligible, he would like for the Board to appoint Mr. Isaac Green to
replace Mr. Ekrut as a Commissioner. Directors Dailey and Shackelford
both stated this should be an agenda item and not discussed under
Citizen Communications. Mayor Priest closed the discussion by
requesting City Manager Tom Dalton and Acting City Attorney Tom
Carpenter to provide the Board of Directors a full report on this
matter.
Mr. George Parrault, 8904 Taliaferro Road, Mabelvale, asked the
Board to consider amending the dog leash ordinance for rural areas,
such as Hinke Road. He stated that dogs give protection from
prowlers. His dog and a neighbor's dog were picked up because they
were running loose, but he feels that dogs are a deterrent to crime by
alerting owners to prowlers that might steal equipment. Mayor Priest
asked City Manager Tom Dalton to provide Board Members with a report
on how viable it would be to make such an amendment.
A public hearing had been scheduled by Resolution No. 8,453 for
this time and place to consider the issuance of up to $3,250,000
' Industrial Development Revenue Bonds for the Arkansas Modification
Center, Inc., and notice of hearing was duly,published on,February 25,
1991. Mayor Priest declared the public hearing open. There was no
one present who wished to speak on the matter.; therefore, Mayor Priest
declared the public hearing closed. The proposed Ordinance
authorizing issuance of the bonds will be considered on April 2, 1991.
Zoning Application Z- 3810 -B from Jim Moses for the Snider
Corporation, to rezone Block 3, Forest Hill Addition (I -630 between
Pine and Cedar Streets) from Planned Commercial Development to "0 -3”
General Office District was introduced. The Planning Commission
approved the application on February 26, 1991. (ordinance No. 14,220,
passed April 6, 1982, changed the zone classification from "R -4" and
"0 -3" to "PCD. ") No opposition was presented and Ordinance No. 16,021
was considered, entitled:
AN ORDINANCE AMENDING ORDINANCE NO. 14,220 AND MODIFYING A "PCD"
DISTRICT TITLED SNIDER COMMERCIAL PARK PCD (Z -3810) IN THE CITY OF
LITTLE ROCK, ARKANSAS.
(Z- 3810 -B - I -630 between Pine and Cedar Streets; Reclassify from
°PCD° to 00-3° General office.)
and after the first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Roy, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
559
560
March 19, 1991, Cont'd.
'
adopted b members of the Board of Directors resent, being seven in
P Y P 9
number and "two - thirds "or more I -of the members' of 'the Board of
Directors - elect. The- re` iaas`a second reiding'of the Ordinance''followed
by a subsequent motion * "by 'Directors *Catlett and ''Shackel'ford,
respectively, to further suspend the rules and place the Ordinance on
third and final reading. "THe' motion" received unanimous; adoption' by
the Board Members_ present, being seven 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. ''The Aye and, No Vote- taken on"
passage of the Ordinance received the following response: 'Ayes
Directors Shackelford, Dailey, Catlett, Mayor Priest, Directors Roy,
Hollingsworth and Lewellen - total 7; Noes _ Nonej'Absen`t- =`" None:' The
Ordinance was then declared PASSED.
The next presentat ion 'was Zoning Application Z= 5421, filed by
Steve F. Houser for Mohsen Amani to rezone 5604 Geyer Springs Road
(long legal description) from "R -2" Single - family District to "O -1"
Quiet Office District. The Planning Commission approved the zoning
change February 26, 1991. No one opposed the reclassification and
Ordinance No. 16,022 was presented, containing the following caption:
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 -5421 - To rezone 5604 Geyer Springs Road, from 'R -2' Single - family
District to 00-1' Quiet Office District.) -• ` - "' I ".-: "`'.
'
and after the first 'reading' of the Ordinance; there -was` a motion` by
Director Dailey, seconded' by Director Roy, to suspend the rules' and-
place the Ordinance oh 'second' reading'.' The ''motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or' more of -the members of 'the' Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent" motion' by Directors Catlett and Shackelford,
respectively, to f'urther'suspend the rules and 'place'the Ordinance�'ofi'
third and final reading. The motion received, unanimous adoption by
the Board Members present, being seven in number and two-thirds or
more of the members of the Board of-Director•s- elect,'an`d the'third`and'
last reading of the Ordinance ensued. The Aye and No Vote taken on
passage of the Ordinance. received the following response: Ayes -.
Directors Shackelford, Dailey, Catlett, Mayor Priest, Directors 'Roy,
Hollingsworth and Lewellen - total 7; Noes - None; Absent - None. The
Ordinance was then declared PASSED.
Introduced next was Ordinance No. 16,023, containing the
following caption:
AN ORDINANCE APPROVING 11 PLANNED ' "UNIT DEVELOPMENT AND
REESTABLISHING A_ PCD DISTRICT TITLED COMMUNITY BAKERY (Z- 4563 -A) IN
THE CITY OF'tITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF 'THE CODE OF-
ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; " • .-" --
(Z- 4563 -A - Parcel located at the southwest corner of 12th 'and' Bain
Streets, described as Lots 11 and 12, the east 50' of Lots 1 and 2 and
the east 50' of the north '451 of Lot 3, Block 67, 'Original City' of
Little Rock, 'Arkansas.)
, . n
and after the first reading. of the Ordinance, there was a motion by
Director Dailey, seconded' by Director Roy, to suspend the' rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of-the` Board 'of,Directors'present, being seven in
number and two= thirds- or more of the members of the 'Board' 'of
Directors - elect. There was a second reading of the`Ordinance'followed
by a subsequent motion by Directors Catlett and Shackelford,
respectively, to further suspend the 'rule's 'and 'place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present, being seven 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. The Aye and No Vote taken on
passage of the Ordinance received the following response: Ayes -
Directors Shackelford, Dailey, Catlett, Mayor Priest, Directors Roy,
Hollingsworth and Lewellen - total 7; Noes - None; Absent - None. The
Ordinance was then declared PASSED.
Ing
L
March 19, 1991, Cont'd.
Ordinance No. 16,024 was presented, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED SOUTHBLUFF COMPANY (Z- 5239 -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- 5239 -A - Parcel located at 300 East Roosevelt Road)
and after the first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Roy, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion by Directors Catlett and Shackelford,
respectively, to further suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present, being seven 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. The Aye and No Vote taken on
passage of the Ordinance received the following response: Ayes -
Directors Shackelford, Dailey, Catlett, Mayor Priest, Directors Roy,
Hollingsworth and Lewellen - total 7; Noes - None; Absent - None. The
Ordinance was then declared PASSED.
The next presentation was Ordinance No. 16,025, with the title
being:
AN ORDINANCE AMENDING CHAPTER 31 OF.THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF SIDEWALKS AND
ALL STREET IMPROVEMENT REQUIREMENTS;
(S -909 - NW corner of Taylor Loop Road and Bella Rosa Drive in
Kitchen's Addition; to allow no sidewalks and no street improvements
on Taylor Loop Road and Bella Rosa Drive frontages.)
and after the first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Roy, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion by Directors Catlett and Shackelford,
respectively, to further suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present, being seven 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. The Aye and No Vote taken on
passage of the Ordinance received the following response: Ayes -
Directors Shackelford, Dailey, Catlett, Mayor Priest, Directors Roy,
Hollingsworth and Lewellen - total 7; Noes - None; Absent - None. The
Ordinance was then declared PASSED.
Ordinance No. 16,026 was presented next, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; PROVIDING FOR A WAIVER OF SIDEWALKS AND
ALL STREET IMPROVEMENT REQUIREMENTS;
(S -910 - 4110 Carter Lane in Girard Addition; to allow no sidewalks
and no street improvement on the Carter Lane and West Boundary Street
frontages.)
and after the first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Roy, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion by Directors Catlett and Shackelford,
respectively, to further suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present, being seven 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. The Aye and No Vote taken on
passage of the Ordinance received the following response: Ayes -
Directors Shackelford, Dailey, Catlett, Mayor Priest, Directors Roy,
U1
562
March 19, 1991, Cont'd.
Hollingsworth and Lewellen - total 7; Noes - None; Absent - None. The
Ordinance was then declared PASSED. .
Consideration was !then given to Ordinance No. 16,027, described
as:
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
NECESSARY DOCUMENTS TO CONVEY PROPERTY LOCATED AT 1221 WRIGHT AVENUE
TO THE UNION AFRICAN METHODIST EPISCOPAL CHURCH;
(Surplus property sold for $600.00.)
and after the first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Roy, to suspend the rules and
place the Ordinance on. second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a second reading of the Ordinance followed
by a subsequent motion by Directors Catlett and Shackelford,
respectively, to further suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present, being seven 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. The ,Aye and No Vote taken on
passage of the Ordinance received the following response: , - ..
Directors Shackelford, Dailey, Catlett, Mayor Priest, Directors Roy,
Hollingsworth and Lewellen - total 7; Noes - None; Absent - None. The
Ordinance was then declared PASSED.
The next matter to be considered was a public hearing scheduled
for this time and place on the expenditure of 17th year (1991 -92)
Community Development Block Grant Funds, and the reallocation of funds
from previous years. Mayor Priest declared, the, public hearing;-open
and Mr. Jim Lawson, Director of the Department of Neighborhoods and
Planning, made ,a presentation and answered questions by the Board of
Directors.. ..He stated that the. $2,400,000 has; been, allocated, to the.
East Little Rock Community Complex, housing and ,streets, with, one.-,
third allocated to maintain the East Little Rock Community Complex,
one -third allocated to housing projects of.various types and one - third
to street work. Director Dailey had questions about the need for a
bridge and gas,service in Pankey Addition. Mr. Lawson replied -that a
report is being prepared regarding ArkLa gas service to houses in
Pankey Addition, and that the CDBG Committee decided that the bridge
on Wells Street in Panke'r Addition was not a priority item. There
being no one else present to speak, Mayor Priest declared the public
hearing closed and Resolution No. 8,470, was presented, entitled:
A RESOLUTION APPROVING THE VARIOUS PROJECTS AND ALLOCATIONS OF
FUNDS AS PROVIDED, FOR IN THE CITY OF LITTLE ROCK'S COMMUNITY
DEVELOPMENT BLOCK GRANT- (CDBG) PROGRAM FOR THE 17TH YEAR (1991 -92) ;
AMENDING THE. 14TH YEAR CDBG PROGRAM TO DELETE DEVELOPMENT OF TOM
GULLEY PARK AS A PROJECT AND REALLOCATE THE UNOBLIGATED BALANCE OF .
FUNDS TO 16TH YEAR HOUSING REHABILITATION LOANS AND GRANTS; ADOPTING A
REVISION OF THE CDBG CITIZEN PARTICIPATION- PLAN; APPROVING THE CDBG
'
APPLICATION AND AUTHORIZING THE FILING OF THE APPLICATION FOR SUCH
FUNDS;
and the Resolution was read in full. There was a motion by Director
Lewellen, seconded by Director Hollingsworth, that the Resolution be
adopted. The motion was unanimously adopted by the Board Members
present. The Resolution was then declared ADOPTED.
At 7:25:o'clock,P.M.,.Mayor Priest announced there would be-a.ten
minute recess. •
When the Board reconvened at 7:35 o'clock P.M., Mayor Priest
presided and the following Directors were present: Directors Roy
Hollingsworth, Lewellen, Shackelford, Dailey and Catlett - total 6;
Absent - None.
A public hearing had been scheduled for this time and place by a
motion adopted March 5, 1991, to consider the appeal of a Conditional
Use Permit (Z -5391) for Pulaski Heights United Methodist Church at
woodlawn and North Spruce Streets, which was approved by the Planning
Commission on February 12, 1991. The appeal was filed on February 28,
1991, by Mrs. Jane McCallum, President of Hillcrest Residents
Association. Mayor Priest declared the public hearing open. Mr. Jim
Lawson, Director of the Department of Neighborhoods and Planning, made
i
March 19, 1991, Cont'd.
'
a presentation of the Planning Commission action, stating the appeal
involves two issues: (1) the Conditional Use Permit for Pulaski
Heights United Methodist Church which involves homes being removed and
a parking lot constructed, and (2) the closing of Spruce Street
between Woodlawn Avenue and Lee Street. The issue for the Board is to
decide if the requirements placed by the Planning Commission were just
or not and if Spruce Street should be closed. Mr. Lawson also referred
to a Housing Stock Preservation document which had been provided to
the Board. He stated there is a real need in Little Rock to protect
housing stock and outlined two proposals to accomplish this: (1) a
historic district or (2) a conservation district. Mr. Lawson then
made a slide presentation of the proposed parking lot and street
closure and explained the process for the staff recommendation. In
response to a question from Director Hollingsworth regarding the
drainage issue, Mr. Lawson advised that the church will make a
contribution of $22,000 toward the drainage problem. He also stated
that when Spruce Street is closed, there will be no.,parking on Monroe
Street, therefore, the traffic from Spruce Street will move to Monroe
Street. In conclusion, Mr. Lawson stated that the closing of Spruce
Street (which will not occur until the second phase of the church
expansion) and the Conditional Use Permit only authorizes what is part
of the Conditional Use Permit and does not authorize any construction
on Spruce Street except for the parking lot. He referred to the
thirteen (13) requirements proposed by the Planning Staff and adopted
by the Planning Commission for the Conditional Use Permit. One of the
requirements is that the church relocate at least one of the houses in
that block, but the church will try to relocate all six of the houses.
Upon question by Director Shackelford, City Attorney Tom Carpenter
advised that if the. Board places conditions and the church agrees to
them, then all of them are defensible. In response to a question by
Director Hollingsworth, Mr. Lawson stated that this issue is very site
specific and does not set a precedent conditional use permit approval
for other non - residential uses such as churches or schools.
Mayor Priest then allowed -45 minutes each for opposition and
support to be presented. Mrs. Jane McCallum, President of Hillcrest
Residents Association, was the first speaker in opposition to the
Conditional Use Permit. She stated that residents do not want the
neighborhood altered by the church expansion and asked the Board to
stay the course by refusing the zoning request. Others speaking in
opposition were Cheryl Nichols, Julia Campbell, Tom Wilkes, Jim Lynch,
Jann Webb, Len Holton, John W. Graves, Bruce Powers, Beth Zauner, and
Shelly Smith. (A letter of opposition from Elaine A. McCutcheon, 417
N. Spruce, had previously been filed with the City Clerk and
distributed to Board Members.)
Mr. Maurice Mitchell, Chairman of the Board of Trustees of
Pulaski Heights United Methodist Church, was the first person to speak
in support of the Conditional Use Permit. He gave a detailed overview
of the church's past and present history and explained the need for
the expansion. He also introduced other church officials and members
of the congregation present, as well as Landscape Architect Cindy
Bowers and Engineer Joe White. Also speaking in support of the
Conditional Use Permit were Skip Rutherford, Dot East, Drake Hawkins,
Mrs. Pat Ward, Harold Engstrom, Joanne Martin, Phil Peters, Charles
Mott, Elvin Shuffield, Bill Wiedower and Swann Kohler.
During the closing comments, Mrs. McCallum presented the Board
with a petition containing 400 signatures in opposition to the
purchase and removal of six single family homes on North Spruce Street
and the closing of North Spruce Street.
Following the presentations, there was a lengthy discussion among
Board Members. There was a motion to amend Item 4 of the
requirements for the Conditional Use Permit to require the church to
relocate all of the six houses that are structurally sound and fit to
be moved. The motion was made by Director Roy and seconded by
Director Dailey. After further discussion, the motion and second were
withdrawn. Mayor Priest declared the Public Hearing closed. Upon
question by Mayor Priest, City Attorney Tom Carpenter advised the
Board of its options: (1) ask for a motion to accept the appeal and
deny the Planning Commission action, or (2) ask for an affirmative
motion to deny the appeal and approve the Planning Commission action.
Mayor Priest asked for a motion to grant the appeal. There was no
motion and second; therefore, no action was taken so the Planning
Commission action was affirmed.
1
563
564
March 19, 1991, Cont'd.
The last matter to be considered was a public hearing on the
petition from Pulaski Heights United Methodist Church to vacate and
close North Spruce Street between, Woodlawn• Avenue rand Lee -Avenue,
between Blocks 24 and 25 of Pulaski Heights Addition to the City of
Little Rock. The public hearing was set by Resolution No. 81454 and
notice thereof duly published on March 12, 1991 and March 19, 1991.
Attached to the petition was a certified copy of Pulaski Heights
Addition on file in the Pulaski County Circuit Clerk's Office, and a
letter from Beach Abstract & Guaranty Company listing the last
apparent owners of record to abutting property. Mayor Priest then
declared the public hearing open. Mr. Jim Lawson, Director of the
Department of Neighborhoods and Planning, pointed out that Spruce
Street will, not be, closed until the second phase of the church
expansion. Opposition-was presented by Hillcrest Residents, Association
(see discussion under Zoning Appeal Z -5391 above). Mayor- Priest,
declared the public hearing closed and Ordinance No. 16,028 was
presented, entitled:
AN ORDINANCE PROVIDING FOR THE VACATING AND CLOSING OF A PORTION
OF SPRUCE STREET LYING•BETWEEN WOODLAWN AVENUE AND LEE STREET ADJACENT
TO BLOCKS 24 AND 25 OF PULASKI HEIGHTS ADDITION; I - ,
and the Ordinance was read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Lewellen, seconded by Director Roy, and by unanimous vote of the
members of the Board of,Directors present, being seven in number and
two - thirds or more of the. members of the Board of Directors- elect.
Upon second reading of the Ordinance, there was a subsequent motion
made by Directors Shackelford and Dailey, respectively, that the rules
be suspended and the Ordinance be placed on.-third and final reading.
The motion was unanimously adopted by members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect; whereupon the Ordinance was
then read the third and last time. An Aye and No Vote was taken on
passage of the Ordinance which resulted as herein recorded: Ayes -
Directors Shackelford, Dailey, Catlett, Mayor—Priest, Directors
Hollingsworth and Lewellen - total 6; Noes - Director Roy - total 1;
Absent - None. Whereupon, the Ordinance was declared PASSED.
There being no further business to be presented, Mayor Priest
declared the meeting recessed at 11:00, with the Board of Directors to
reconvene at 1:30 P.M., Wednesday, March 27, 1991, to consider
appointments to various Boards and Commissions.
ATTEST:
City Clerk Robbie
APPROVED:
II
Mayor Sharon Priest
M
L
1
Board of Directors Chamber
Little Rock, Arkansas
March 27, 1991 - 1:30 P.M.
The Board of Directors of the City of Little Rock, Arkansas
reconvened from the March 19, 1991 regular Board Meeting with
Vice Mayor Jim Dailey presiding in the absence of Mayor Sharon
Priest. City Clerk Robbie Hancock called the roll with the
following Directors present: Directors Roy, Hollingsworth,
Lewellen, Shackelford and Catlett - total 5; Absent - Mayor
Priest - total 1.
With a quorum present, Vice Mayor Dailey declared the Board
of Directors in session and stated that the purpose of the
reconvened meeting was to make appointments to various Boards and
'
Commissions.
Due to the absence of Mayor Sharon Priest, the Board
generally agreed to defer making appointments until a later date.
There being no further business to be presented, Vice Mayor
Dailey declared the meeting adjourned at 1:35 o'clock P.M., with
the Board of Directors to convene in regular session on Tuesday,
April 2, 1991, at 6:00 P.M.
Y
ATTEST: APPROVED: `
City Clerk Robbie Hancock V' a Mayor Jim Dail y
I
06
Board of Directors Chamber
Little Rock, Arkansas
April 2, 1991 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas
met in regular session with Mayor Sharon Priest presiding. City Clerk
Robbie Hancock was present and called the roll with the following
Directors in attendance: Directors Roy, Hollingsworth, Lewellen,
Shackelford, Dailey and Catlett - total 6; Absent - None.
Mayor Priest announced that a quorum was present and the
proceedings of the meeting are recorded as follows:
The invocation was given by Director Dailey.
The Consent Agenda was the first presentation, consisting of the
following items:
(a) The approval of the Minutes of the previous Board Meeting
held March 19, 1991, and the reconvened meeting held March 27, 1991.
(b) Resolution No. 8,471, entitled:
A RESOLUTION SETTING THE DATE FOR PUBLIC HEARING ON APRIL
16, 1991, TO CONSIDER APPEAL OF A SPECIAL USE PERMIT ALLOWING THE
OPERATION OF A FAMILY CARE FACILITY AT 4005 WEST 13TH STREET. (Z -5396)
(c) Resolution No. 8,472, with the title being:
A RESOLUTION SETTING THE DATE FOR PUBLIC HEARING ON APRIL
16, 1991, ON A 'PROPOSAL TO APPLY TO THE U. S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT FOR A $1,800,000 LOAN GUARANTEED BY FUTURE CDBG
ENTITLEMENT GRANTS UNDER SECTION 108 OF THE HOUSING AND URBAN
DEVELOPMENT ACT, TITLE I.
(d) Resolution No. 8,473, described as:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
THE NECESSARY DOCUMENTS THAT MAY BE REQUIRED FROM TIME TO TIME TO
CONVEY RESIDENTIAL PROPERTIES ACQUIRED AND REHABILITATED WITH CDBG
FUNDS (SAVE -A -HOME PROGRAM) TO QUALIFIED LOW AND MODERATE INCOME
BUYERS.
(e) Resolution No. 8,474, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR REHABILITATION OF STRUCTURES AT 2609 SOUTH LEWIS
AND 500 MAPLE STREET AS PART OF THE SAVE -A -HOME PROGRAM. (Phillips
Construction Company.- Not to exceed $47,048.90.) ,
(f) Resolution No. 8,475, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR THE PURCHASE OF A COMPUTER SYSTEM FOR THE POLICE
DEPARTMENT. (City Business Machines - Not to exceed $34,879.13.)
By a motion from Director Dailey, seconded by Director
Hollingsworth, which was adopted by unanimous vote of the Board
Members present, the Consent Agenda was dispensed with as follows:
(a) The Minutes of the previous Board Meeting held March 19, 1991,
and the reconvened meeting held March 27, 1991, were approved as
written and summarized to members of the Board of Directors: (b, c, d,
e and f) Resolutions No. 8,471, 81472, 8,473, 8,474 and 8,475 were
read in full and unanimously adopted by the Board Members present.
At this point in the meeting Vice Mayor /Director Dailey presented
Certificates of Appreciation to Scott Graham, Freddie Brown, Leonard
Hansberry and Joey Plouch, employees of Little Rock Wastewater
Utility, for their heroic efforts in rescuing residents of a burning
house at 5019 West 28th Street on March 11, 1991.
No one was present to address the Board of Directors at the time
allotted for Citizen Communications.
April 2, 1991, Cont'd.
2
The next presentation was Resolution No. 8,476, entitled:
A RESOLUTION NAMING THE NEW ACTIVITY ROOM AT DUNBAR COMMUNITY
CENTER THE ALBERT C. LAMB, SR., HALL.
and there was a complete reading of the Resolution. A motion was made
by Director Shackelford and seconded by Director Lewellen, that the
Resolution be adopted. The Resolution was adopted by unanimous voice
vote of the Board Members present.
A public hearing had been scheduled by Resolution No. 8,457 to
consider the issuance of 9 -1 -1 Emergency Communications System Revenue
Bonds, and notice of hearing was duly published on March 17, 1991.
Mayor Priest declared the public hearing open. There was no one
present who wished to speak; therefore, Mayor Priest declared the
public hearing closed and Ordinance No. 16,029 was presented,
entitled:
AN ORDINANCE
COMMUNICATIONS SYSZ
ARKANSAS; PLEDGING
SUFFICIENT TO PAY
PRESCRIBING OTHER
EMERGENCY;
AUTHORIZING THE ISSUANCE OF 9 -1 -1 EMERGENCY
EM REVENUE BONDS BY THE CITY OF LITTLE ROCK,
EMERGENCY TELEPHONE SERVICE CHARGE REVENUES
THE PRINCIPAL OF AND INTEREST ON THE BONDS;
MATTERS RELATING THERETO; AND DECLARING AN
with the Ordinance being read the first time, after which there was a
motion by Director Dailey for suspension of the rules and the placing
of the Ordinance on second reading. The motion was seconded by
Director Hollingsworth, and unanimously adopted by members of the
Board of Directors present, being seven in number and two - thirds or
more of the members of the Board of Directors - elect. A second reading
of the Ordinance followed, with a motion being made by Director Dailey
and seconded by Director Roy, to further suspend the rules and place
the Ordinance on third and final reading. With the motion having been
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect, the Ordinance was read the third and last
time. The resulting Aye and No Vote taken on passage of the Ordinance
is herein recorded as follows: Ayes - Directors Dailey, Catlett,
Mayor Priest, Directors Roy, Hollingsworth, Lewellen and Shackelford -
total 7; Noes - None; Absent - None.
The Emergency Section contained i
Ordinance was then read and adopted by
Ayes - Directors Dailey and Catlett,
Hollingsworth, Lewellen and Shackelford
- None. Therefore, the Ordinance,
Section, was then declared PASSED.
n Section 21 of the foregoing
the following roll call vote:
Mayor Priest, Directors Roy,
- total 7; Noes - None; Absent
together with the Emergency
A public hearing had been scheduled by Resolution No. 8,467 and
' notice thereof duly published on March 21, 1991, to consider the
issuance of Sewer Revenue Bonds in the maximum principal amount of
$6,000,000. Mayor Priest declared the public hearing open. There was
no one present who wished to speak; therefore, Mayor Priest declared
the public hearing closed and Ordinance No. 16,030 was presented,
entitled:
AN ORDINANCE AUTHORIZING THE CONSTRUCTION OF EXTENSIONS,
BETTERMENTS AND IMPROVEMENTS TO THE SEWER SYSTEM OF THE CITY OF LITTLE
ROCK, ARKANSAS; AUTHORIZING THE ISSUANCE OF SEWER REVENUE BONDS FOR
THE PURPOSE OF FINANCING THE CONSTRUCTION; PROVIDING FOR THE PAYMENT
OF THE PRINCIPAL AND INTEREST ON THE BONDS; PRESCRIBING OTHER MATTERS
RELATING THERETO; AND DECLARING AN EMERGENCY;
with the Ordinance being read the first time, after which there was a
motion by Director Lewellen for suspension of the rules and the
placing of the Ordinance on second reading. The motion was seconded
by Director Hollingsworth, and unanimously adopted by members of the
Board of Directors present, being seven in number and two- thirds or
more of the members of the Board of Directors - elect. A second reading
of the Ordinance followed, with a motion being made by Director
Hollingsworth and seconded by Director Roy, to further suspend the
rules and place the Ordinance on third and final reading. With the
motion having been unanimously adopted by members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect, the Ordinance was read the
third and last time. The resulting Aye and No Vote taken on passage
of the Ordinance is herein recorded as follows: Ayes - Directors
5671
S�8 _
April 2, 1991, Cont'd.
I
I
3
I
'
Dailey, Catlett, Mayor Priest, Directors Roy, Hollingsworth, Lewellen
and Shackelford - total 7; Noes - None; Absent - None.
The Emergency Section contained in Section 26 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Dailey and Catlett, Mayor Priest, Directors Roy,
Hollingsworth, Lewellen and Shackelford - total 7; Noes - None; Absent
- None. Therefore, the Ordinance, together with the Emergency
Section, was then declared PASSED.
A public hearing was held on Tuesday, March 19, 1991, on the
issuance of up to $3,250,000 Industrial Development Revenue Bonds for
the Arkansas Modification Center, Inc.; however, consideration of the
proposed Ordinance authorizing issuance of the bonds was deferred
until April 2, 1991. At this time Ordinance No. 16,031 was
considered, entitled:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BONDS UNDER ARKANSAS CODE ANNOTATED SECTIONS 14- 164 -201 TO -
224 (1987) FOR THE PURPOSE OF SECURING AND DEVELOPING INDUSTRY (THE
PARTICULAR INDUSTRIAL PROJECT IS DESCRIBED IN THE ORDINANCE);
AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT
PROVIDING FOR THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION AND
DELIVERY OF A FIRST SUPPLEMENTAL TRUST INDENTURE SECURING THE BONDS;
AUTHORIZING AND PRESCRIBING CERTAIN MATTERS PERTAINING TO THE
INDUSTRIAL PROJECT, THE ACQUISITION, CONSTRUCTION, AND EQUIPPING
THEREOF, AND THE FINANCING THEREOF; AUTHORIZING A FIRST AMENDMENT TO
LEASE AGREEMENT BETWEEN THE CITY AND THE LITTLE ROCK MUNICIPAL AIRPORT
COMMISSION AS LESSOR AND ARKANSAS MODIFICATION CENTER, INC., AS
LESSEE; AUTHORIZING THE EXECUTION AND DELIVERY OF THE FIRST AMENDMENT
TO LEASE AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST
RESTATED AGREEMENT FOR PAYMENT IN LIEU OF TAXES; PRESCRIBING MATTERS
RELATING THERETO; AND DECLARING AN EMERGENCY;
with the Ordinance being read the first time, after which there was a
motion by Director Lewellen for suspension of the rules and the
placing of the Ordinance on second reading. The motion was seconded
by Director Hollingsworth, and unanimously adopted by members of the
Board of Directors present, being seven in number and two- thirds or
more of the members of the Board of Directors - elect. A second reading
of the Ordinance followed, with a motion being made by Director
Hollingsworth and seconded by Director Roy, to further suspend the
rules and place the Ordinance on third and final reading. With the
motion having been unanimously adopted by members of the Board of
Directors present, being seven in number and two- thirds or more of the
members of the Board of Directors - elect, the Ordinance was read the
third and last time. The resulting Aye and No Vote taken on passage
of the Ordinance is herein recorded as follows: Ayes - Directors
Dailey, Catlett, Mayor Priest, Directors Roy, Hollingsworth, Lewellen
and Shackelford - total 7; Noes - None; Absent - None.
The Emergency Section contained in Section 10 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Dailey and Catlett, Mayor Priest, Directors Roy,
Hollingsworth, Lewellen and Shackelford - total 7; Noes - None; Absent
- None. Therefore, the Ordinance, together with the Emergency
Section, was,then declared PASSED.
Consideration was then given to Ordinance No. 16,032, entitled:
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;
I
with the Ordinance being read the first time, after which there was a
motion by Director Lewellen for suspension of the rules and the
placing of the Ordinance on second reading. The motion was seconded
by Director Hollingsworth, and unanimously adopted by members of the
Board of Directors present, being seven in number and two - thirds or
more of the members of the Board of Directors - elect. A second reading
of the Ordinance followed, with a motion being made by Director
Hollingsworth and seconded by Director Roy, to further suspend the
rules and place the Ordinance on third and final reading. With the
motion having been unanimously adopted by members of the Board of
Directors present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect, the Ordinance was read the
i
— -
1111�
111
—1
April 2, 1991,'Cont'd.
third and last time. The resulting Aye and No Vote taken on passage
of the Ordinance is herein recorded as follows: Ayes - Directors
Dailey, Catlett, Mayor Priest, Directors Roy, Hollingsworth, Lewellen
and Shackelford - total 7; Noes - None; Absent - None.
The Emergency Section contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Dailey and Catlett, Mayor Priest, Directors Roy,
Hollingsworth, Lewellen and Shackelford - total 7; Noes - None; Absent
- None. Therefore, the Ordinance, together with the Emergency
Section, was then declared PASSED.
Director Shackelford recognized 7 year old Edward Davidson
"Teddy" Fleming, son of former City Manager Susan Fleming. On August
6, 1983, Teddy was proclaimed godson of the Board of Directors by
Resolution No. 7,045.
At this time Mayor Priest presented a "Rey to the City" plaque
to the Honorable Norman Chakanetsa, Commercial Counselor of the
Embassy of Zimbabwe, who will be the featured speaker for the World
Business Research Center Arkansas - Africa Business Forum on April 3,
1991. Director Shackelford also recognized Dr. Patrick Ngwolo from
Nigeria, President of the World Business Research Center.
The next matter to be considered was a proposed Ordinance
entitled:
AN ORDINANCE TO AMEND ORDINANCE NO. 15,980 (THE 1991 BUDGET
ORDINANCE) APPROPRIATING FUNDS FOR CERTAIN EXPENDITURES;
and the Ordinance was read the first time. A motion was made by
Director Shackelford that line item 1030 in the amount of $31,613 be
removed from the proposed Ordinance and considered separately. There
followed a lengthy discussion among Board Members, after which
Director Shackelford withdrew the motion and moved to expunge from the
record the first reading of the proposed Ordinance. The motion was
seconded by Director Dailey and unanimously adopted by the Board
Members present, being seven in number and two - thirds or more of the
members of the Board of Directors - elect. Therefore, the first reading
of the proposed Ordinance was expunged from the record. A lengthy
discussion ensued regarding the various line item appropriations in
the proposed Ordinance and certain appropriations in the 1991 Budget
Ordinance. The Board Members generally agreed to discuss these
appropriations at a work session on Wednesday, April 3, 1991.
Personnel Director Britt Rice asked the Board to consider
appropriating $25,000 from the Revenue Sharing Fund to the Literacy
Training /Commercial Driver's License Project as set forth in Section 3
of the proposed Ordinance. There is an urgent need for funds to
continue the Literacy Training Program so that City drivers can obtain
certified commercial drivers license. A motion was made by Director
Shackelford, seconded by Director Roy, that $25,000 be appropriated
for the Literacy Training Program. Therefore, Ordinance No. 16,033
was considered, entitled:
AN ORDINANCE TO AMEND ORDINANCE NO. 15,980 (THE 1991 BUDGET
ORDINANCE) APPROPRIATING FUNDS FOR LITERACY TRAINING.
($25,000 appropriated from the Revenue Sharing Fund.)
and the Ordinance was read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Shackelford, seconded by Director Dailey, and by unanimous vote of the
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Dailey, seconded by Director Lewellen, that the rules
be further suspended and the Ordinance be place on third and final
reading. The motion was unanimously adopted by members of the Board
of Directors present, being seven in number and two - thirds or more of
the members of the Board of Directors - elect; whereupon, the Ordinance
was read the third and last time. An Aye and No Vote was taken on
passage of the Ordinance which resulted as herein recorded: Ayes -
Directors Dailey, Catlett, Mayor Priest, Directors Roy, Hollingsworth,
Lewellen and Shackelford - total 7; Noes - None; Absent - None. The
Ordinance was then declared PASSED.
April 2, 1991, Cont'd.
5
The next presentation was Resolution No. 8,477, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LAND LEASE
AGREEMENT WITH DELTIC FARM & TIMBER COMPANY, INC. FOR THE SITING OF A
RADIO TRANSMITTER TOWER. (Shinall Mountain)
Mr. Nathaniel Hill, Director of the Department of General Services,
made a presentation to Board Members explaining the selection of
Shinall Mountain as the location recommended for the siting of the
radio transmitter tower. He also listed disadvantages to locating the
tower on Crystal Mountain which is the alternative site. Following
the presentation, the Resolution was read in full. There was motion by
Director Dailey, seconded by Director Hollingsworth, that the
Resolution be adopted. The Resolution was adopted by unanimous voice
vote of the members of the Board of Directors present.
At 7:40 o'clock P.M. Mayor Priest announced that the Board of
Directors would recess to executive session in the Board's Conference
Room, for the purpose of considering appointments and reappointments
to various Boards and Commissions.
When the Board of Directors reconvened at 9:20 o'clock P.M. from
executive session, Mayor Priest presided and the following Directors
were present: Directors Roy, Hollingsworth, Lewellen, Shackelford,
Dailey and Catlett - total 6; Absent - None.
Resolution No. 8,478 was then presented, with the title being:
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE
ARKANSAS MUSEUM OF SCIENCE & HISTORY BOARD OF TRUSTEES, ARTS &
HUMANITIES PROMOTION COMMISSION, BOARD OF ADJUSTMENT, CENTRAL ARKANSAS
TRANSIT AUTHORITY, CITY BEAUTIFUL COMMISSION, CITY SAFETY COMMISSION,
CIVIL SERVICE COMMISSION, HOUSING BOARD OF ADJUSTMENT & APPEALS,
LITTLE ROCK PLANNING COMMISSION, AND THE PRIVATE INDUSTRY COUNCIL.
(Museum - Dr. Phillip Rayford reappointed; Arts & Humanities - Richard
Bell appointed; Board of Adjustment - Eugene Terry reappointed, Nevil
C. Withrow, Jr. appointed; CATA - Robert Scull appointed; City
Beautiful - Shalah Crenshaw Brummett appointed; Safety Commission -
Bishop L. T. Walter reappointed, Kenyon K. Low, Sr. and Sylvia Quick
appointed; Civil Service - Joe Hill appointed; Housing Board of
Adjustment & Appeals - Nathaniel Saine appointed; Planning Commission
- Diane Chachere appointed; PIC - Ernest Edwards, Jr. reappointed.)
and there was a complete reading of the Resolution. A motion was made
by Director Lewellen, seconded by Director Shackelford, that the
Resolution be adopted. The Resolution was adopted by unanimous voice
vote of the Board Members present.
The next presentation was Resolution No. 8,479, entitled:
A RESOLUTION MAKING BOARD OF DIRECTOR APPOINTMENTS TO VARIOUS
BOARDS AND COMMISSIONS;
(Advertising & Promotion Commission - Mayor Priest, Directors
Shackelford and Dailey; Downtown Partnership - Directors Catlett,
Lewellen and Roy; Municipal Judges Retirement Bd. - Director Catlett;
PIC Chief Elected Official - Director Shackelford.)
and there was a complete reading of the Resolution. A motion was made
by Director Lewellen, seconded by Director Shackelford, that the
Resolution be adopted. The Resolution was adopted by unanimous voice
vote of the Board Members present.
The last presentation was Resolution No. 8,488, entitled:
A RESOLUTION DESIGNATING LOTTIE SHACKELFORD AS THE OFFICIAL
REPRESENTATIVE OF THE BOARD OF DIRECTORS FOR ALL MATTERS PERTAINING TO
THE ADMINISTRATION OF THE JOB TRAINING PARTNERSHIP ACT.
and there was a complete reading of the Resolution. A motion was made
by Director Lewellen, seconded by Director Shackelford, that the
Resolution be adopted. The Resolution was adopted by unanimous voice
vote of the Board Members present.
1
1
1
1
IIIII 57
April 2, 1991, Cont'd.
I
�J
.i
There being no further business to be presented, Mayor Priest
declared the meeting recessed at 9:25 o'clock P.M. with the Board of
Directors to reconvene at 1:30 o'clock P.M on Wednesday, April 10,
1991, to consider additional appointments to various Boards and
Commissions.
ATTEST:
CQ
City Clerk Robbie Hancock
APPRO D:
Mayor Sharon Priest
S'72
I
Board of Directors Chamber
Little Rock, Arkansas
April 10, 1991 - 1:40 P.M.
The Board of Directors of the City of Little Rock, Arkansas
reconvened from the April 2, 1991 regular Board Meeting with
Mayor Priest presiding. Robbie Hancock, City Clerk, was present
and called the roll with the following Directors present:
Directors Roy, Hollingsworth, Dailey and Catlett - total 4;
Absent - Directors Lewellen and Shackelford - total 2.
With a quorum present, Mayor Priest declared the Board of
Directors in session.
Mayor Priest announced that the Board of Directors would
recess to Executive Session for the purpose of considering
appointments and reappointments to various Boards and
Commissions.
When the Board of Directors reconvened at 2:25 o'clock P.M.
from the Executive Session, Mayor Priest presided and the
following Directors were present: Directors Roy, Hollingsworth,
Shackelford, Dailey and Catlett - total 5; Absent - Director
Lewellen - total 1.
Mayor Priest announced that the Board Members did discuss
appointments, but due to the absence of Director Lewellen, no
appointments were made, and that the Board of Directors will
reconvene on Friday, April 12, 1991, at 8:00 o'clock A.M. to
again consider making appointments to various Boards and
Commissions.
There being no further business to be presented, Mayor
Priest declared the meeting recessed at 2:27 o'clock P.M., with
the Board of Directors to reconvene on Friday, April 12, 1991, at
8:00 o'clock A.M.
ATTEST: /.
City Clerk Robbie Hancock Mayor Sharon Priest
'
IIII Board of Directors Conference Room
Little Rock, Arkansas
April 12, 1991 - 8:30 A.M.
The Board of Directors of the City of Little Rock, Arkansas
reconvened from the April 10, 1991 reconvened Board Meeting with
Mayor Priest presiding. Robbie Hancock, City Clerk, was present
and called the roll with the following Directors present:
Directors Roy, Hollingsworth, Lewellen, Shackelford, Dailey and
Catlett - total 6; Absent - None.
With a quorum present, Mayor Priest declared the Board of
Directors in session.
A motion was made by Director Dailey, seconded by Director
Shackelford, to recess to Executive Session for the purpose of
considering appointments. The motion was unanimously adopted by
the Board Members present. Therefore, the Board recessed to
Executive Session at 8:35 o'clock A.M.
When the Board of Directors reconvened at 9:40 o'clock A.M.
from Executive Session, Mayor Priest presided and the following
' Directors were present: Directors Roy, Hollingsworth, Lewellen,
Shackelford, Dailey and Catlett - total 6; Absent - None.
Mayor Priest announced that the Board of Directors had
reviewed applications and resumes submitted for the position of
City Attorney, to fill the vacancy created by the resignation of
Mark Stodola on January 1, 1991, when he took office as Pulaski
County Prosecuting Attorney. There was a motion by Director
Shackelford, seconded by Director Catlett, that Mr. Thomas M.
Carpenter (Acting City Attorney) be hired as City Attorney at a
salary of $65,000.00. The motion was adopted unanimously by the
Board Members present.
There being no further business to be presented, Mayor
Priest declared the meeting adjourned at 9:45 o'clock A. M., with
the Board of Directors to convene in regular session on Tuesday,
April 16, 1991, at 6:00 o'clock P.M.
ATTEST:
City Clerk Robbie Hancock
L'
APPRO D:
Mayor Sharon Priest
Al-�
3;3
i
Board of Directors Chamber
I
Little Rock, Arkansas
April 16, 1991 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Sharon Priest presiding. City Clerk
Robbie Hancock was present and called the roll with the following
directors in attendance: Directors Roy, Hollingsworth, Lewellen,
Dailey and Catlett - total 6; Absent - Director Shackelford - total 1.
Mayor Priest announced that a quorum was present and the
proceedings of the meeting are recorded as follows:
The invocation was given by Mayor Priest.
The Consent Agenda was the first presentation, consisting of the
following items:
(a) The approval of the Minutes of the previous Board Meeting
held April 2, 1991 and the reconvened meetings held April 10, 1991,
and April 12, 1991.
'
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of February, 1991.
(c) Resolution No. 8,481, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE
CONTRACTS FOR THE SALE OF PROPERTY, RIGHTS -OF -WAY AND EASEMENTS TO THE
ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT IN THE 12400 BLOCK OF
INTERSTATE 30; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
NECESSARY DOCUMENTS FOR THE SALE OF SAID PROPERTY. (Jacuzzi Plant
site)
(d) Resolution No. 8,482, described as:
A RESOLUTION AMENDING RESOLUTION NO. 8,464 TO RESCHEDULE THE
PUBLIC HEARING ON A PETITION TO VACATE A PUBLIC UTILITY EASEMENT IN
LOT 1 OF THE REPLAT OF PLEASANT PLACE ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS. (Public Hearing date - May 21, 1991.)
(e) Resolution No. 8,483, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD AN ANNUAL CONTRACT FOR FLEET REPAIR SERVICE FOR THE DEPARTMENT
OF GENERAL SERVICES /FLEET SERVICES DIVISION. (Various companies - not
to exceed $85,000.)
(f) Resolution No. 8,484, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH L.E.G. ENTERPRISES, INC. FOR THE PURPOSE OF INSTALLING A
TRAFFIC SIGNAL AT 19TH AND UNIVERSITY AND AN EMERGENCY FLASHING SIGNAL
AT 54TH AND UNIVERSITY (FIRE STATION #11.). (Not to exceed
'
$83,663.48.)
(g) Resolution No. 8,485, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE
YEAR CONTRACT WITH UNUM LIFE INSURANCE COMPANY TO PROVIDE LONG -TERM
DISABILITY INSURANCE COVERAGE FOR NON - UNIFORM CITY EMPLOYEES EFFECTIVE
MAY 1, 1991 THROUGH APRIL 30, 1992.
(h) Resolution No. 8,486, described as:
A RESOLUTION AUTHORIZING AN EXPENDITURE OF $150,000 FOR THE
BOMB BUYER'S ASSISTANCE PROGRAM FROM NEIGHBORHOOD HOUSING SERVICES
ACCOUNT.
By a motion from Director Dailey, seconded by Director Lewellenr which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held April 2, 1991 and the reconvened meetings held
April 10, 1991 and April 12, 1991, were approved as written and
summarized to members of the Board of Directors; (b) the Comparative
Statement of Income Account of the Little Rock Municipal Water Works
i
07 5
r'.
April 16,'1991, Cont'd.
for February, 1991 was received and filed; and (c, d, e, f, g and h)
Resolutions No. 8,481, 8,482, 8,483, 8,484, 8,485 and 8,486 were read
in full and unanimously adopted by the Board Members present.
At the time allotted for Citizen Communications, Mr. Kermitt F.
Nunn, 2200 South Pine Street, made an appeal to the Board regarding a
sewage problem at 2204 South Pine Street, which is next door to his
home. The sewer line at 2204 ties into his line rather than being
connected directly to the sewer main in the alley. When the house is
occupied, the sewage causes his line to stop up. Mr. Nunn stated that
HUD is renovating the house which will then be sold, and something
needs to be done to correct the sewer line problem before the house is
occupied again. Mayor Priest asked City Manager Tom Dalton to
investigate and provide a report to Board Members.
Director Shackelford was enrolled.
Ms. Devonalu Robinson, 3219 Holt Street, appealed to the Board to
spend more money on curbs and gutters in the John Barrow Addition
rather than taking on so many new projects. Mayor Priest asked City
Manager Tom Dalton to provide the Board with a status report on what
improvements have been targeted for neighborhood streets in the John
Barrow area from the 1987 Bonds Funds.
' II II Consideration was then given to Ordinance No. 16,034, with the
title being:
AN ORDINANCE AMENDING ORDINANCE NO. 15,519 PROVIDING FOR A WAIVER
OF THE REQUIREMENTS FOR STREET IMPROVEMENTS TO BE CONSTRUCTED BY THE
LITTLE ROCK SCHOOL DISTRICT ON BRYANT STREET BECAUSE SUCH IMPROVEMENTS
ARE INCLUDED IN THE 1987 BOND ISSUE, AND FOR DEFERRAL OF THE
INSTALLATION OF IMPROVEMENTS ON WEST 32ND STREET; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES;
(2- 5232 -A - Southwest Junior High School - 3301 S. Bryant St.)
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Mayor Priest, Directors Roy, Hollingsworth, Lewellen,
Shackelford, Dailey and Catlett - total 7; Noes - None; Absent -
None. Whereupon, the Ordinance, together with the Emergency Section,
was then declared PASSED.
The next presentation was Ordinance No. 16,035, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF ENTRANCE
INTERSECTION GRADES OF 8% AND CLASSIFICATION OF INTERIOR STREET AS A
RESIDENTIAL STANDARD;
(5 -867 -0 - Waiver of Subdivision Regulations for Chenal Valley,
Blocks 12 and 13.)
and the Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Dailey and seconded by Director Catlett, which was
' unanimously adopted by members of the Board of Directors present,
and the Ordinance was read the first time. Upon question by Director
Roy, Mr. Jim Lawson, Director of the Department of Neighborhoods and
Planning, stated that a building permit will not be issued until the
Little Rock School District sets up an escrow account in the amount of
$150,000.00 for the West 32nd Street Improvements as set forth in
Section 4 of the Ordinance. The rules were then suspended and the
Ordinance placed on second reading by motion from Director Dailey and
seconded by Director Catlett, which was unanimously adopted by members
of the Board of Directors present, being seven in number and two -
thirds or more of the members of the Board of Directors - elect. Upon
second reading of the Ordinance, there was a subsequent motion made by
Director Roy that the rules be further suspended and the Ordinance be
placed on third and final reading. Director Dailey seconded the
motion which was adopted by unanimous vote of the members of the Board
of Directors present, being seven in number and two - thirds or more of
the members of the Board of Directors - elect. A third and last reading
'
of the Ordinance ensued, followed by an Aye and No Vote taken on the
question, Shall the Ordinance Pass, with the response being: Ayes
Mayor Priest, Directors Roy, Hollingsworth, Lewellen, Shackelford,
Dailey and Catlett - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Mayor Priest, Directors Roy, Hollingsworth, Lewellen,
Shackelford, Dailey and Catlett - total 7; Noes - None; Absent -
None. Whereupon, the Ordinance, together with the Emergency Section,
was then declared PASSED.
The next presentation was Ordinance No. 16,035, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF ENTRANCE
INTERSECTION GRADES OF 8% AND CLASSIFICATION OF INTERIOR STREET AS A
RESIDENTIAL STANDARD;
(5 -867 -0 - Waiver of Subdivision Regulations for Chenal Valley,
Blocks 12 and 13.)
and the Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Dailey and seconded by Director Catlett, which was
' unanimously adopted by members of the Board of Directors present,
April 16, 1991, Cont'd.
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. Upon second reading of the Ordinance, there
was a subsequent motion made by Director Roy that the rules be further
suspended and the Ordinance be placed on third and final reading.
Director Dailey seconded the motion which was adopted by unanimous
vote of the members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on the question, Shall the
Ordinance Pass, with the response being: Ayes - Mayor Priest,
Directors Roy, Hollingsworth, Lewellen, Shackelford, Dailey and
Catlett - total 7; Noes - None; Absent - None. The Ordinance was
then declared PASSED.
The next matter to be considered was Ordinance No. 16,036,
described as:
AN ORDINANCE TO AMEND ORDINANCE NO. 15,980 (THE 1991 BUDGET
ORDINANCE) APPROPRIATING FUNDS FOR CERTAIN EXPENDITURES.
and the Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Dailey and seconded by Director Catlett, which was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. Upon second reading of the Ordinance, there
was a subsequent motion made by Director Roy that the rules be further
suspended and the Ordinance be placedd on third and final reading.
Director Dailey seconded the motion which was adopted by unanimous
vote of the members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on the question, Shall the
Ordinance Pass, with the response being: Ayes - Mayor Priest,
Directors Roy, Hollingsworth, Lewellen, Shackelford, Dailey and
Catlett - total 7; Noes - None; Absent - None. The Ordinance was
then declared PASSED.
The next presentation was Ordinance No. 16,037, entitled:
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;
and the Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Dailey and seconded by Director Catlett, which was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. Upon second reading of the Ordinance, there
was a subsequent motion made by Director Roy that the rules be further
suspended and the Ordinance be placedd on third and final reading.
Director Dailey seconded the motion which was adopted by unanimous
vote of the members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on the question, Shall the
Ordinance Pass, with the response being: Ayes - Mayor Priest,
Directors Roy, Hollingsworth, Lewellen, Shackelford, Dailey and
Catlett - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Mayor Priest, Directors Roy, Hollingsworth, Lewellen,
Shackelford, Dailey and Catlett - total 7; Noes - None; Absent -
None. whereupon, the Ordinance, together with the Emergency Section,
was then declared PASSED.
5'77
April 16, 1991, Cont'd.
An Ordinance to rezone 5804 South University Avenue (Z -5422 - Lot
1, Southwest Commercial Subdivision) from "C -3" General Commercial
District to "C -4" Open Display District appeared on the Agenda as Item
2. Mayor Priest announced that Mr. Gregory M. Hopkins, the applicant,
had submitted a letter requesting withdrawal of the zoning application
because the property is presently zoned "I -2" and not "C -3" as
previously believed and the intended use of the property will conform
to the "I -2" zoning. Mr. Jim Lawson, Director of the Department of
Neighborhoods and Planning, explained that staff had determined that
the legal description of the property does not match the street
address on the zoning map, and affirmed that the intended use of the
property does conform to the current zoning classification of the
property. Therefore, the Ordinance entitled "AN ORDINANCE RECLASIFYING
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" was withdrawn and NO ACTION WAS
TAKEN.
A public hearing had been scheduled for this time and placed by
Resolution No. 8,471 to consider the appeal of a Special Use Permit
for a family care facility at 4005 West 13th Street (Z- 5422), which
' was approved by the Planning Commission on February 26, 1991. The
appeal was filed March 7, 1991, by Ms. Dorothy Morgan, Chairperson for
the Oak Forest Neighborhood Association. Mayor Priest declared the
public hearing open. Ms. Dorothy Morgan, 2022 Abigail Street, was the
first person to speak in opposition to the Special Use Permit for the
Shelter, which will be operated by Hoover United Methodist Church.
She stated that (1) there is a clutter of shelters in the
neighborhood, (2) the shelter is not well supervised, and (3) men and
women go in and out of this so- called women's shelter. She asked the
City not to give anymore permits for shelters in the area unless they
are properly supervised. Other objectors were William C. and DeLois
Louden, 4010 West 13th Street, and Randolph Mowry, 808 Lewis Street,
President of the Forest Hills Neighborhood Association. Mrs. Louden
provided police reports of blocked driveways and people breaking into
Hoover United Methodist Church at 4000 West 13th Street. Mr. Mowrey
asked the Board to revoke the special use permit for 4005 West 13th
and not issue any more such permits for the neighborhood.
Those speaking in support of the Special Use Permit were Rev.
William H. Robinson, Pastor of Hoover United Methodist Church, Robert
L. Aycock, 1812 Pinewood Drive, Shirley Burgess, 4005 West 13th
Street, and Stephanie Johnson, 1400 Old Forge Dr. #504. Director
Dailey asked if the Board could add conditions to the Special Use
Permit. Mr. Jim Lawson, Director of the Department of Neighborhoods
and Planning, suggested the special use permit be granted for one year
at which time it would be reviewed by Staff. After further
discussion, Mayor Priest recessed the public hearing until Tuesday,
' May 7, 1991, to give Board Members more time to consider the matter.
Ordinance No. 16,038 was introduced, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A REVISED PCD DISTRICT TITLED KAVANAUGH SQUARE (Z- 4473 -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;
(y,_4473_A - Revised Planned Commercial Development at 2701 Kavanaugh -
Lots 1, 2, and 3, Block 21, Pulaski Heights Addition.)
Mr. Jim Lawson, Director of the Department of Neighborhoods and
Planning, explained the revised planned commercial development,
stating that the original plan did not permit a restaurant mainly due
to parking requirements. He noted that this does not imply that staff
supports the entire complex going commercial. The Ordinance was read
the first time, followed by a motion from Director Lewellen to suspend
the rules and place the Ordinance on second reading. The motion was
seconded by Director Shackelford and adopted by unanimous vote of the
Board Members present, being seven in number and two - thirds or more of
the members of the Board of Directors - elect, and a second reading of
the Ordinance followed. The rules were again suspended and the
Ordinance placed on third and final reading by a motion made and
seconded by Directors Dailey and Hollingsworth, respectively, and
unanimously adopted by the Board Members present, being seven 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, there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the response being: Ayes - Mayor Priest,
5`i8
April 16, 199'1,'Contd.
Directors Roy, Hollingsworth, Lewellen, Shacklford, Dailey and Catlett
- total 7; Noes - None; Absent - None. The Ordinance was then
declared PASSED.
The next matter to be considered was a public hearing scheduled
for this time and placed by Resoloution No. 8,572 on the revised use
of funds from the Section 108 guaranteed loan for the Community
Development Block Grant 17th Year Program. Mayor Priest declared the
public hearing open. There was no one present who wished to speak;
therefore, Mayor Priest declared the public hearing closed, and
Resolution No. 8,487 was presented, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY TO THE U. S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A $1,800,000 LOAN
GUARANTEED BY FUTURE CDBG ENTITLEMENT GRANTS UNDER SECTION 108 OF THE
HOUSING & URBAN DEVELOPMENT ACT TITLE 1; REVISING THE USE OF FUNDS FOR
THE 17TH CDBG PROGRAM YEAR ACCORDING TO EXHIBIT A;
and the Resolution was read in full. A motion was made by Director
Lewellen, seconded by Director Hollingsworth, that the Resolution be
adopted. The Resolution was adopted by voice vote of the Board
Members present.
The last matter to be considered was Resolution No. 8,488, which I
did not appear on the Agenda but was considered at the request of
Mayor Priest, entitled:
A RESOLUTION ENDORSING THE AEROSPACE EDUCATION CENTER FOR ITS
CREATION OF THIS COOPERATIVE VENTURE FOR THE BETTERMENT OF OUR
COMMUNITY;
and the Resolution was read in full. A motion was made by Director
Dailey, seconded by Director Lewellen, that the Resolution be adopted.
The Resolution was adopted by voice vote of the Board Members present.
There being no further business to be presented, Mayor Priest
declared the meeting adjourned at 8:10 o'clock P.M., with the Board of
Directors to convene in regular session on Tuesday, May 71 1991, at
6:00 o'clock P.M.
ATTEST: APPROVED:
Q&4AA.-� � �,�
City Clerk Robbie Hancock Mayor Sharon Priest
Board of Directors Chamber.
Little Rock, Arkansas
1
'J
(f) Resolution No. 8,490, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THERMOPLASTIC PAVEMENT MARKING COMPOUND,
FOR PUBLIC WORKS OPERATIONS; PATROL CAR APPARATUS, SEDANS, AND PICKUP
TRUCKS FOR THE DEPARTMENT OF GENERAL SERVICES /FLEET SERVICES DIVISION.
(Thermoplastic pavement marking compound - contract to Pave -Mark not
to exceed $25,600; 1 full size sedan and 1 mid -size sedan - contract
to Bale Chevrolet for $14,296.86 and $11,631.62 respectively; patrol
car apparatus - contract to various companies not to exceed
$57,276.20; and sedans and pickup trucks - contract to various
companies not to exceed $315,948.37.)
(g) Resolution No. 8,491, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND_
AWARD AN ANNUAL CONTRACT TO ALLRIGHT L.R., INC. TO LEASE CITY PROPERTY
LOCATED AT 2ND AND SCOTT STREETS FOR THE PURPOSE OF OPERATING A
PARKING LOT. (With option to renew for a period of one year at the
same price for up to two more lease terms.)
(h) Resolution No. 8,492, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT TO TEMPLE & SON ELECTRIC, INC. FOR THE PURCHASE OF
TRAFFIC SIGNAL EQUIPMENT. (Contract not to exceed $46,836.00.)
(i) Resolution No. 8,493, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS
FOR CONSULTING ENGINEERING SERVICES FOR CDBG STREET AND DRAINAGE
PROJECTS. (Contract with Grimes Consulting Engineers, Inc. not to
exceed $27,237; Contract with Blaylock, Threet, Phillips & Associates
not to exceed $29,951.10.)
May 7, 1991 - 6:10 P.M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Sharon Priest presiding. City Clerk
Robbie Hancock was present and called the roll with the following
Directors in attendance: Directors Roy, Hollingsworth, Lewellen,
Shackelford, Dailey and Catlett - total 6; Absent - None. ,
Mayor Priest announced that a quorum was present and the
proceedings of the meeting are recorded as follows.
The Invocation was given by Director Roy.
The Consent Agenda was the first presentation, consisting of the
following items.
(a) The approval of the Minutes of the previous meeting held
April 16, 1991.
(b) The Abstract of Votes cast at the General Election held
November 6, 1990, for Board of Director Positions and Resolutions No.
8,328 (re: Police Pension Relief Fund) and 8,329 (re: Fire Pension
Relief Fund.)
(c) The 1990• Auditors' Report of. the Little Rock Regional
Airport.
(d) The Comparative Statement of income Account of the Little
Rock Municipal Water Works for the month of March, 1991.
(e) Resolution No. 8,489, entitled:
A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FROM THE
1988 CAPITAL IMPROVEMENT BOND PROJECT FOR IMPROVEMENTS TO HISTORIC
BUILDING FACADES AS APPROVED IN THE CENTRAL BUSINESS DISTRICT.
'J
(f) Resolution No. 8,490, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THERMOPLASTIC PAVEMENT MARKING COMPOUND,
FOR PUBLIC WORKS OPERATIONS; PATROL CAR APPARATUS, SEDANS, AND PICKUP
TRUCKS FOR THE DEPARTMENT OF GENERAL SERVICES /FLEET SERVICES DIVISION.
(Thermoplastic pavement marking compound - contract to Pave -Mark not
to exceed $25,600; 1 full size sedan and 1 mid -size sedan - contract
to Bale Chevrolet for $14,296.86 and $11,631.62 respectively; patrol
car apparatus - contract to various companies not to exceed
$57,276.20; and sedans and pickup trucks - contract to various
companies not to exceed $315,948.37.)
(g) Resolution No. 8,491, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND_
AWARD AN ANNUAL CONTRACT TO ALLRIGHT L.R., INC. TO LEASE CITY PROPERTY
LOCATED AT 2ND AND SCOTT STREETS FOR THE PURPOSE OF OPERATING A
PARKING LOT. (With option to renew for a period of one year at the
same price for up to two more lease terms.)
(h) Resolution No. 8,492, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT TO TEMPLE & SON ELECTRIC, INC. FOR THE PURCHASE OF
TRAFFIC SIGNAL EQUIPMENT. (Contract not to exceed $46,836.00.)
(i) Resolution No. 8,493, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS
FOR CONSULTING ENGINEERING SERVICES FOR CDBG STREET AND DRAINAGE
PROJECTS. (Contract with Grimes Consulting Engineers, Inc. not to
exceed $27,237; Contract with Blaylock, Threet, Phillips & Associates
not to exceed $29,951.10.)
5so
Minutes - May 7, 1991
2
(j) Resolution No. 8,494, with the title being:
A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND
BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND ARKANSAS ENVIROCORP
PERTAINING TO THE ISSUANCE OF REVENUE BONDS FOR FINANCING THE COSTS OF
ACQUIRING, CONSTRUCTING AND EQUIPPING SOLID WASTE DISPOSAL FACILITIES;
AND PRESCRIBING OTHER MATTERS RELATING THERETO. (Set public hearing
date for June 4, 1991.)
(k) Resolution No. 8,495, entitled:
A RESOLUTION AUTHORIZING THE EXTENSION OF THE CONTRACT WITH.,,
CRANFORD JOHNSON ROBINSON WOODS TO PROVIDE ADVERTISING SERVICES TO THE
ARTS & HUMANITIES PROMOTION COMMISSION FOR 1991: (Contract in the
amount of $30,000.)
(1) Resolution No. 8,496, described as:
A RESOLUTION AWARDING THE RADIO SYSTEM MAINTENANCE CONTRACT
TO MOTOROLA COMMUNICATIONS, INC., FOR THE BALANCE OF 1991 WITH AN
OPTION TO EXTEND FOR ONE YEAR. (Contract cost - $80,588.00.)
(m) Resolution No. 8,497, with the title being:
A RESOLUTION SETTING THE DATE FOR PUBLIC HEARING ON MAY 21q
1991, TO CONSIDER THE ISSUANCE OF REFUNDING REVENUE BONDS BY THE CITY
OF LITTLE ROCK, ARKANSAS ELDERLY HOUSING FACILITIES BOARD.
By motion from Director Dailey, seconded by Director Lewellen, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held April 16, 1991, were approved as written and
summarized to members of the Board of Directors; (b) The Abstract of
Votes cast at the November 6, 1990 General Election for Board of
Director Positions and Resolutions No. 8,328 (re: Police Pension
Relief Fund) and 8,329 (Fire Pension Relief Fund) was received and
filed; (c) The 1990 Auditors' Report of the Little Rock Regional
Airport was received and filed; (d) The Comparative Statement of
Income Account of the Little Rock Municipal Water Works for the month
of March, 1991 was received and filed; and (e, f, g, h, i, j, k, 1 and
m) Resolutions No. 8,489, 8,490, 8,491, 8,492, 8,493, 8,494, 8,495,
8,496 and 8,497 were read in full and adopted by unanimous voice vote
of the Board Members present.
At this point in the meeting, Vice Mayor Dailey presented
Certificates of Appreciation to Mr. Herbert Dicker for his service on
the City Safety Commission, Mr. James Robinson, Jr. for his service on
the Housing Board of Adjustment and Appeals and Ms. Theodoshia Cooper
for her service on the City Beautiful Commission.
No one was present to -speak, at. the time allotted for Citizen
Communications.
Zoning Application Z- 4175 -D filed by MarKay D. Paar, Vice
President of First Service Corporation, was introduced next. The
application to rezone property on Dover Drive (Lots 254, 255, 256,
257, 258, 261 and 262, Kensington Place Subdivision) , from "MF -6" and
"MF -18" Multi- family Districts to "R -2" Single - family District, was
approved by the Planning Commission on April 9, 1991. No opposition
to the rezoning was presented and Ordinance No. 16,039 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;
(Z- 4175 -D - Dover Drive - Lots 254, 255, 256, 257, 258, 261 and 262,
Kensington Place Subdivision, from "14F -6' and MF -18' Multi- family to
"R -2" Single - family District.)
and the Ordinance was read was read the first time. There was a
motion by Director Dailey, seconded by Director Roy, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. A second reading of the Ordinance
followed, with a motion being made by Director Lewellen, seconded by
Director Roy, to further suspend the rules and place the Ordinance on
Minutes - May 7, 1991
3
third and final reading. With the motion having been unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect, the Ordinance was read the third and last time. The
question, Shall the Ordinance Pass, was submitted to an Aye and No
Vote, which is recorded as follows: Ayes - Directors Roy,
Hollingsworth, Lewellen, Shackelford, Dailey, Catlett and Mayor Priest
- total 7; Noes - None; Absent - None. Therefore, the Ordinance was
declared PASSED.
Ordinance No. 16,040 was the next presentation, described as: ,
AN ORDINANCE TO AMEND THE 65TH STREET WEST PLAN AND OTHER
MATTERS;
and the Ordinance was read was read the first time. There was a
motion by Director Dailey, seconded by Director Roy, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect. A second reading of the Ordinance
followed, with a motion being made by Director Lewellen, seconded by
Director Roy, to further suspend the rules and place the-Ordinance-on
third and final reading. With the motion having been unanimously
adopted by members .of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors- elect, the Ordinance was read the third and last time. The
question, Shall the Ordinance Pass, was submitted to an Aye and No
Vote, which is recorded as follows: Ayes Directors Roy,
Hollingsworth, Lewellen, Shackelford, Dailey, Catlett and Mayor Priest
- total 7; Noes - None; Absent - None. Therefore, the Ordinance was
declared PASSED.
The next presentation was Zoning Application Z- 5216 -A from
Attorney Mark Spradley for Charlotte E. Steel, Robert B. Smith and
Charles Smith to rezone 3.66 acres located at the intersection of
Shackleford Road and Stagecoach Road (long legal description) from "R-
2" Single - family District to "C -3" General Commercial District. The
Planning Commission approved "C -1" Neighborhood Commercial and "OS"
Open Space Districts as amended (with site plan review) on April 9,
1991. No opposition to the rezoning was presented and Ordinance No.
16,041 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;
(Z- 5216 -A - Rezoning 3.66 acres located at Stagecoach Road and
Shackleford Road from "R -2" Single - family District to "C -1"
Neighborhood Commercial and "OS" Open.Space District.)
and the Ordinance was read was read- the first time. There was a
motion by Director Dailey, seconded by Director Roy, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect. A second reading of the Ordinance
followed, with a motion being made by Director Lewellen, seconded by
Director Roy, to further suspend the rules and place the Ordinance on
third and final reading. With the motion having been unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, the Ordinance was read the third and last time. The
question, Shall the Ordinance Pass, was submitted to an Aye and No
Vote, which is recorded as follows: Ayes - Directors Roy.,
Hollingsworth, Lewellen, Shackelford, Dailey, Catlett and Mayor Priest
- total 7; Noes - None; Absent - None. Therefore, the Ordinance was
declared PASSED.
Consideration was then given to Zoning Application Z -5426 filed
by Stephen E. Whitwell for Whitwell, Inc. to rezone 1.43 acres located
at the intersection of Shackleford and Stagecoach Roads (long legal
description), from "R -2" Single - family District to "C -3" General
Commercial District. The Planning Commission approved "C -1"
Neighborhood Commercial as amended (with site plan review) on April 9,
1991. No one opposed the application to rezone the property and
Ordinance No. 16,042 was presented, described.as:
Minutes - May 7, 1991
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 -5426 - To rezone 1.43 acres at the intersection of Shackleford and
Stagecoach Roads, from "R -2" Single - family District to "C -1"
Neighborhood Commercial District.)
and the Ordinance was read was read the first time. There was a
motion by Director Dailey, seconded by Director Roy, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect. A second reading of the Ordinance
followed, with a. motion, being made by ,Director Lewellen, seconded by
Director Roy, to further.suspend the.rules and.place the Ordinance.on
third and final reading. With the motion having been unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of,,;
Directors - elect, the Ordinance was read the third and last time. The
question, Shall the Ordinance Pass, was submitted to an Aye and No
Vote, which is recorded as follows: Ayes - Directors Roy,
Hollingsworth, Lewellen, Shackelford, Dailey, Catlett and Mayor Priest
- total 7; Noes - None; Absent - None. Therefore, the Ordinance was
declared PASSED.
Zoning Application Z -5427 was introduced next and was filed by
Mr. Joe White for Winrock Development Company, to rezone 2.49 acres on
Kanis Road west of Bowman Road (long legal description) from "R -2..
Single - family District to "0 -3" General Office District. The proposal
received the approval of the Planning Commission on April 9, 1991. No
opposition was presented to the rezoning and Ordinance No. 16,043 was
presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5427 - To rezone 2.49 acres on Kanis Road west of Bowman Road (long
legal description) from "R -2" Single - family District to , "O -3 "- General
Office District.)
and the Ordinance was, read, was read the first time. There was a
motion by Director Dailey, seconded by Director Roy, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. A second reading of the Ordinance
followed, with a motion being made by Director Lewellen, seconded by
Director Roy, to further suspend the rules and place the Ordinance on
third and final reading. With the motion having been unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, the Ordinance was read the third and last time. The
question, Shall the Ordinance Pass, was submitted to an Aye and No
Vote, which is recorded as follows: Ayes - Directors Roy,:
Hollingsworth, Lewellen, Shackelford, Dailey, Catlett and Mayor Priest
- total 7; Noes - None; Absent - None. Therefore, the Ordinance was
declared PASSED.
Consideration was then given to Zoning Application Z -5428 filed
by R. Wingfield Martin for H. Maurice Mitchell, Trustee, to rezone
14.23 acres on Pratt Remmel Road from "R -2" Single- family District to
"I -2" Light Industrial District. The application was approved by the
Planning Commission on April 9, 1991. No opposition was presented to
the rezoning and Ordinance No. 16,044 was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS,, AMENDING - SECTION 36 OF THE CODE OF ORDINANCES OF -THE
CITY OF LITTLE ROCK,. - ARKANSAS; AND -FOR OTHER PURPOSES. 1.
(Z -5428 - To rezone 14.23 acres on Pratt Remmel Road, from "R -2"
Single - family District to "I -2" Light Industrial District.)
and the Ordinance was read was read the first time. There was a
motion by Director Dailey, seconded by Director Roy, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
u
1
1
Minutes - May 7, 1991
5
being seven in number ""and two- thirds or more of the members of the
Board of Directors - elect. A second reading of the Ordinance
followed, with a motion being made by Director Lewellen, seconded by
Director Roy, to further suspend the rules and place the Ordinance on
third and final reading. With the motion having been unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect, the Ordinance was read the third and last time. The
question, Shall the Ordinance Pass, was submitted to an Aye and No
Vote, which is recorded as follows: Ayes - Directors Roy,
Hollingsworth, Lewellen, Shackelford, Dailey, Catlett and Mayor Priest
- total 7• Noes - None; Absent - None. Therefore, the Ordinance was
declared PASSED.
Ordinance No. 16,045 was the next presentation, with the title
being:
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.
and the Ordinance was read the first time. Mr. Jim Lawson, Director
of the Department of Neighborhoods and Planning, advised the Board of
Directors that Mr. Kenneth R. Lea, owner of Unit No. 15066 located at
926 Crosby Street, had requested that his property be deleted from the
Ordinance and deferred for sixty days. There was a motion by Director
Dailey, seconded by Director Roy, that the Ordinance be amended by
deleting Unit 15066 located at 926 Crosby Street. The motion was
unanimously adopted by the Board Members present. The rules were then
suspended to allow for the second reading by motion from Director
Lewellen, seconded by Director Dailey, and by unanimous vote of the
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Dailey, seconded by Director Roy, that the rules be
further suspended and the Ordinance be placed on third and final
reading. The motion was unanimously adopted by members of the Board
of Directors present, being seven in number and two - thirds or more of
the members of the Board of Directors - elect; whereupon, the Ordinance
was read the third and last time. An Aye and No Vote was taken on
passage of the Ordinance which resulted as herein recorded: Ayes -
Directors Roy, Hollingsworth, Lewellen, Shackelford, Dailey, Catlett
and Mayor Priest - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 5 of the foregoing
ordinance was then read and adopted by the following roll call vote:
Aye - Directors Roy, Hollingsworth, Lewellen, Shackelford, Dailey,
Catlett and Mayor Priest - total 7; Noes - None; Absent - None. The
Ordinance, as amended, together with the Emergency Section, was
declared PASSED.
At this time, Mayor
Public Hearing held April
Permit for a family care 1
Ms. Dorothy Morgan, 2022 Al
Neighborhood Association,
for proper supervision of
Rev. Robinson has cleane(
responsible person be at
Director of the Department
list of eight items discu
gave a copy of the list
Robinson. Ms. Morgan said
Priest announced the continuation of the
16, 1991, on the appeal of a Special Use
acility at 4005 West 13th Street (Z- 5396).
oigail Street, Chairperson of the Oak Forest
was the first speaker. She again asked
the family care facility. She stated that
I up the area, but again asked that a
the shelter at all times. Mr. Jim Lawson,
of Neighborhoods and Planning, reviewed the
ased at the Agenda Meeting, stating the he
to Ms. Morgan and sent a copy to Rev.
everything on the list was o.k. except No.
1 - proper supervision. Mayor Priest advised Ms. Morgan that the
facility will be monitored by the Department of Neighborhoods and
Planning.
Director Roy was excused at 7:43 o'clock P.M.
Rev. Robinson, pastor of Hoover United Methodist Church, spoke in
support of the Special Use Permit for the family care facility which
will be operated by the Church. He agreed to the eight items on the
list provided by Mr. Lawson. There was a motion by Director Lewellen,
seconded by Director Shackelford, to affirm the Special Use Permit as
modified by the conditions. The motion was unanimously adopted by the
Board Members present.
k300
Minutes - May 7, 1991
6
The last matter to be considered was Resolution No. 8,498, which
did not appear on the Agenda but was considered at the request of
Mayor Priest, as follows:
A RESOLUTION OF "THE'BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK
CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF GOLDEN EAGLE ICE COMPANY TO
PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM;
(Located at 1900 East 15th Street.)
with the Resolution being read in its entirety. A motion was made by
Director Lewellen, seconded by Director Dailey, that the Resolution be
adopted. The Resolution was adopted by unanimous voice vote of the
Board Members present.
There being no further business to be presented, Mayor Priest
declared the Board of Directors meeting adjourned at 6:50 o'clock P.M.
to meet again in regular session on Tuesday, May 21, 1991, at 6:00
o'clock P.M.
ATTEST: APPR VED:
y!
City Clerk Robbie Hancock Mayor Sharon Priest
'
H
Board of Directors Chamber
Little Rock, Arkansas
May 13, 1991 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arknasas
met in Special Session with Mayor Sharon Priest presiding. City Clerk
Robbie Hancock called the roll with the following Directors present:
Directors Roy, Hollingsworth, Lewellen, Shackelford, Dailey and
Catlett - total 6; Absent - None.
With a quorum present, Mayor Priest declared the Board of
Directors in session and announced the purpose of the meeting was to
discuss the one cent sales tax issue. She stated the format of the
meeting would be presentations by City Manager Tom Dalton and Finance
Director John Pryor followed by discussion among Board Members. There
would be a brief recess to allow citizens who wished to speak to fill
out cards and turn them in to the Mayor.
City Manager Tom Dalton made the first presentation, giving a
brief history of the present sales tax. He used a bar graft to
explain the constant dollar gross operating revenues and expenditures
per capita of the City for the past ten years and presented a
schematic of the Board's budget timetable for the remainder of this
' year. He stated that the Board would have to raise some fees or cut
programs to have a balanced budget in 1992. In reference to an
election regarding the one cent sales tax, he advised that mid -
September is the latest date for a sales tax election that would give
Staff time to prepare the 1991 Budget for adoption in December and
include any new tax.
Mr. John Pryor, Director of Finance, made a presentation of the
two options to be considered: (1) one -half cent sales tax for capital
improvements and one -half cent sales tax for operating; (2) one - fourth
cent sales tax for capital and three - fourth cent sales tax for
operating. He also recommended that the Board consider engaging a
financial advisor to construct the Bond issue and present it to a
rating agency in New York.
At 7:55 o'clock P.M., Mayor Priest announced a five minute recess
to allow citizens who wished to address the Board to fill out cards
and turn them in to the Mayor or City Clerk.
When the Board of Directors reconvened at 8:10 o'clock P.M.,
Mayor Priest presided and the following Directors answered roll call:
Directors Roy, Hollingsworth, Lewellen, Shackelford, Dailey and
Catlett - total 6; Absent - None.
Mr. Paul Harvell, Executive Director of the Metropolitan Chamber
of Commerce, and a member of Fifty for the Future and Project 2000,
spoke in support of the one cent sales tax proposal of one -half penny
for operating and one -half penny for capital. He closed by
complimenting the members of the Board of Directors on what the Board
has done.
Ms. Allison Sanchez, Executive Director of the Arkansas Museum of
Science and History, spoke in support of the one cent sales tax and
urged the Board to include the IMAX Theater and Hands -On Museum in the
Diamond Project.
Mr. Jim Moses, Co- Chairman of Project 2000, commended the Board
on the effort put forth for the Diamond Project.
Mr. Warren Stephens, President of Stephens, Inc., and a member of
the Stadium Committee of Project 2000, complimented the Board Members
on their time and consideration given to the Diamond Project. He
urged the Board to put the one - half /one -half penny plan before the
voters.
Following a lengthy discussion among Board Members, there was a
motion by Director Shackelford, seconded by Director Roy, that the
Board move to call a sales tax election using the one -half
operating /one -half capital penny proposal. The motion was adopted
unanimously by the Board Members present.
J
5a5
Minutes - May 13, 1991
2
I
The Board Members generally agreed to reconvene on Wednesday, May
'
15, 1991, to consider further action regarding the sales tax election.
There being no further business to be presented, Director
Shackelford moved to recess the Special Meeting to reconvene on
Wednesday, May 15, 1991, at 1:30 P.M. to consider further action
regarding the proposed sales tax election. The motion was seconded by
Director Dailey and unanimously adopted by the Board Members present.
Therefore, the Special Meeting recessed at 9:50 o'clock P.M.
//ATTEST: ''// APPR
J ac - /tf' --,e, C�� /A�
` iC
City Clerk Robbie Hancock Mayor Sharon Priest
1
' Board of Directors Chamber
Little Rock, Arkansas
May 15, 1991 - 1:45 P.M.
The Board of Directors of the City of Little Rock, Arkansas
reconvened from the May 13, 1991 Special Meeting with Mayor Priest
presiding. City Clerk Robbie Hancock called the roll with the
following Directors present: Directors Roy, Hollingsworth, Lewellen,
Shackelford, Dailey and Catlett - total 6; Absent - None.
With a quorum present, Mayor Priest declared the Board of
Directors in session and announced the purpose of the reconvened
meeting was to consider further action regarding the proposed sales
tax election.
Consideration was first given to Resolution No. 8,499, entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK
CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF BABCOCK & WILCOX ST
COMPANY, INC. TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM;
and there was a complete reading of the Resolution. Director Dailey
moved the adoption of the Resolution. Director Lewellen seconded the
motion, which was adopted unanimously by the Board Members present.
The next item for consideration was the sales tax issue.
Director Shackelford suggested that the Board discuss programmatic
items for capital and operations only and not deal with any kind of
financing structures.
The first speaker was Rev. Daniel M. Bowman, 311 East 8th
Street, Apt. 910, who spoke in support of Project 2000.
Mr. Bob Snider and Mrs. Susan Fleming both stated they were
present to speak regarding the financial structure, so did not address
the Board regarding programs.
During the three hour session, Board Members discussed various
issues including the Museum, Library, Arts Center, IMAX Theater,
location and acquisition of land for the proposed Diamond Center, and
the capital and operational projects to be placed on the ballot.
Upon question by Director Shackelford, City Attorney Tom
Carpenter advised that the items on the capital side have to be listed
separately if they are to be funded by bonded indebtedness and that
generally there will be an election on the operational side and the
Board may use that money for any municipal purpose.
Director Shackelford was excused at 3:30 P.M.
Ms. Allison Sanchez, Executive Director of the Museum of Science
and History, urged the Board to include the IMAX Theater and the
Hands -On Science Museum in the proposed tax issue. Mr. Townsend
Wolfe, Executive Director of the Arkansas Arts Center, urged the Board
to protect the operating side of the Budget - that it has to be sold
as a unit.
Following the lengthy discussion, Director Dailey moved that the
sales tax proposal be structured as follows, contingent upon how the
land is dealt with and a contract with the University of Arkansas for
use of War Memorial Stadium:
CPJ1?L_ 1TB ..
Statehouse Convention Center
Multipurpose Center
War Memorial Stadium
Neighborhood Streets
Drainage Improvements
Parks & Recreation
Arkansas Arts Center
Right -of -Way Acquisition
Zoo Improvements
Land Acquisition for the
IMAX Theater
for Asher and the South Loop
Neighborhood Housing Program
587
A
588
i
Minutes - May 15, 1991 2
9-P—EBAZIN9_ .DS
,
Museum
Library
Arkansas Arts Center
Neighborhood Policing
Rental Housing Inspection Program
Chenal Valley Fire Station
Fire Department Emergency Vehicles Staffing
War Memorial Fitness Center
Director Roy seconded the motion, which was unanimously adopted by the
Board Members present.
Finance Director John Pryor cautioned the Board that the private
suites and the parking decks may not be feasible to finance together.
City Manager Tom Dalton stated that he would begin drafting the
bond title, putting together information to show how figures will be
laid out, negotiating a land option, and also begin discussion and
negotiations with the University of Arkansas and lending institutions
as it relates to revenue bond issues.
There being no further business to be presented, the Board of
Directors adjourned at 4:50 o'clock P.M. to meet again in regular
session on Tuesday, May 21, 1991, at 6:00 o'clock P.M.
ATTEST: w,,//a C__ -- , APPR ED:
a�.fij,� a,
e
City Clerk Robbie Hancock Mayor Sharion Priest
i
I
i
i
1
Board of Directors Chamber
Little Rock, Arkansas
May 21, 1991 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas
met in regular session with Mayor Sharon Priest presiding. In the
absence of City Clerk Robbie Hancock, Assistant City Clerk Vanessa
Sykes called the roll with the following Directors present: Directors
Roy, Hollingsworth, Lewellen, Shackelford, and Dailey - total 5;
Absent - Director Catlett - total 1.
With a quorum present, Mayor Priest declared the Board of
Directors in session.
The Invocation was given by Director Hollingsworth.
The first matter to be considered was the Consent Agenda,
consisting of the following items:
(a) The approval of the Minutes of the previous Board Meeting
held May 7, 1991.
(b) The 1990 Audit Report of the Little Rock Municipal Water
Works.
(c) Resolution No. 8,500, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT
AMENDMENTS TO THE CITY'S URBAN HOMESTEADING PROGRAM DESCRIPTION IN
ORDER TO REVISE THE "HOMESTEADER SELECTION" AND "FINANCING" SECTIONS,
AND FOR OTHER PURPOSES.
(d) Resolution No. 8,501, described as:
A RESOLUTION DISSOLVING SEWER IMPROVEMENT DISTRICT NO. 139
OF LITTLE ROCK, ARKANSAS. (John Barrow Addition.)
(e) Resolution No. 8,502, with the title being:
A RESOLUTION AUTHORIZING THE LITTLE ROCK PRIVATE INDUSTRY
COUNCIL TO EXPEND UP TO $1,675,297.00 OF TITLES IIA, IIB, AND III JOB
TRAINING PARTNERSHIP ACT (JTPA) FUNDS DURING PROGRAM YEAR 1991 (JULY
1, 1991 - JUNE 30, 1992) FOR EDUCATION AND TRAINING SERVICES FOR
DISADVANTAGED YOUTH AND ADULTS WITH EMPLOYMENT BARRIERS.
(f) Resolution No. 8,503, entitled:
ALLOCATING A RESOLUTION PARTNERSHIP
VIII DISADVANTAGEDCYOUTH ANDADULTSFWITHDEMPLOYMENT AND TRAINING BARRIERS DURING I PROGRAM
YEAR 1991 (JULY 1, 1991 - JUNE 30, 1992).
(g) Resolution No. 8,504, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE
YEAR RENEWAL CONTRACT WITH ADJUSTCO, INC. TO PROVIDE CLAIMS
ADMINISTRATION AND LOSS CONTROL SERVICES TO THE CITY OF LITTLE ROCK
WORKERS' COMPENSATION PROGRAM BEGINNING JULY 1, 1991.
(h) Resolution No. 8,505, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD CONTRACTS FOR THE PURCHASE OF TURNOUT CLOTHING AND A CYLINDER
REFILL SYSTEM FOR THE FIRE DEPARTMENT.
(i) Resolution No. 8,506, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT TO E. C. ROWLETT CONSTRUCTION COMPANY FOR
CONSTRUCTION OF THE 1991 HOT -MIX ASPHALT STREET RESURFACING PROGRAM.
(j) Resolution No. 8,507, described as:
A RESOLUTION AUTHORIZING THE DISBURSEMENT OF FUNDS AVAILABLE
THROUGH THE 1991 EMERGENCY SHELTER GRANT ($49,000) TO THE UNITED WAY
OF PULASKI COUNTY.
��a J
Minutes - May 21, 1991 2
i
(k) Resolution No. 8,508, with the title being:
,.
A RESOLUTION AMENDING THE AGREEMENT BETWEEN THE CITY OF
LITTLE ROCK AND THE LINKOUS COMPANY, INC. APPROVED BY ORDINANCE NO.
15,847. (RE: Affordable housing in Stonehedge Subdivision priced not
to exceed $53,000 per house.)
By motion from Director Lewellen, seconded by Director
Hollingsworth, 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 meeting held May 7, 1991, were
approved as written and summarized to the members of the Board of
Directors; (b) The 1990 Audit Report of the Little Rock Municipal
Water Works was received and filed; and (c, d, e, f, g, h, if j and k)
Resolutions No. 8,500, 81501, 8,502, 8,503, 8,504, 8,505, 8,506,
8,507, and 8,508 were read in full and adopted by unanimous voice vote
of the Board Members present.
At the time allotted for Citizen Communications, Mr. Sammey
Mills, 1918 South Martin Street, a member of ACORN, read a prepared
statement requesting that a trial foot patrol project be implemented
in Little Rock in the vicinity of Woodrow, Fair Park I -630 and
Roosevelt Road. Mr. Mills also asked for neighborhood improvements.
Other ACORN members speaking in support of the prepared statement were
Foster Strong, 3514 West 14th St., Gloria Wilson, 2123 Bragg St., and
Mary J. Williams, 3101 Gaines St. - Co- Chairman of Southside ACORN.
Ms. Williams also expressed concern regarding the boarded up houses at
'
3001 State Street and 3323 High Street, stating she believes homeless
people are living there and drugs are being sold there. She also
stated that drainage ditches in the Whitmore Circle Addition, near
19th and High Streets, need repairing. Mayor Priest directed City
Manager Tom Dalton to prepare a report for the Board regarding these
concerns.
(Director Shackelford was excused at 7:10 P.M.)
A public hearing had been scheduled by Resolution No. 8,482, and
notice thereof duly published on May 13, 1991, and May 20, 1991, on
the request from Attorney Herbert W. Kell, Jr. on behalf of Wentwood
Associates, to vacate and abandon a public utility easement in Lot 1
of the Replat of Pleasant Place Addition to the City of Little Rock,
Arkansas. Attached to the petition was a certified copy of the plat
of Pleasant Place Addition. Mayor Priest delcared the public hearing
open and with no opposition being presented, she declared the public
hearing closed and Ordinance No. 16,046 was presented entitled:
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN LOT 1 OF THE
REPLAT OF PLEASANT PLACE ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS.
and said Ordinance was read the first time, followed by a motion by
Director Lewellen to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Dailey and
adopted by unanimous vote of the Board Members present, being five in
number and two- thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Hollingsworth and
Lewellen, respectively, and unanimously adopted by the Board Members
present, being five in number and two- thirds or more of the members of
the Board of Directors - elect. The Ordinance was read the third and
last time, and there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the response being: Ayes - Directors
Hollingsworth, Lewellen, Dailey, Mayor Priest, and Director Roy -
total 5; Noes - None; Absent - Directors Catlett and Shackelford -
total 2. Whereupon, the Ordinance was declared PASSED.
(Director Shackelford re- enrolled at 7:15 P.M.)
A public hearing had been scheduled for this time and place by
Resolution No. 8,497, and notice thereof published on May 10, 1991.
Mayor Priest declared the public hearing open and with no one present
to speak, she declared the public hearing closed and Resolution No.
8,509 was presented, entitled:
ri
Minutes - May 21, 1991
A RESOLUTION APPROVING THE ISSUANCE OF REVENUE REFUNDING BONDS BY
THE CITY OF LITTLE ROCK, ARKANSAS ELDERLY HOUSING FACILITIES BOARD ON
BEHALF OF ERC FOUNDATION, INC., AN ARKANSAS NONPROFIT CORPORATION; AND
PRESCRIBING OTHER MATTERS PERTAINING THERETO.
and there was a complete reading of the Resolution. A motion was made
by Director Shackelford, seconded by Director Lewellen, that the
Resolution be adopted. The Resolution was adopted by unanimous voice
vote of the Board Members present.
There being no further business
recessed the meeting at 7:35 o'clock
May 29, 1991, at 1:30 o'clock P.M.
Advertising and Promotion Commission
various Boards and Commissions.
ATTEST:
City Clerk Robbie Hancock
3
to be presented, Mayor Priest
P.M. to reconvene on Wednesday,
to consider a request by the
and to make appointments to
APPR VED:
Mayor Sharon
/Alamo
Priest
r
i
1
Board of Directors Chamber
'
Little Rock, Arkansas
May 29, 1991 - 1:40 P.M.
The Board of Directors of the City of Little Rock, Arkansas
reconvened from the May 21, 1991 regular meeting with Mayor Priest
presiding. City Clerk Robbie Hancock called the roll with the
following Directors present: Directors Roy, Hollingsworth, Lewellen,
Dailey and Catlett - total 5; Absent - Director Shackelford - total 1.
The first matter to be considered was Resolution No. 8,510,
entitled:
A RESOLUTION TO RENAME LITTLE ROCK RIVERFRONT PARK TO THE JULIUS
BRECKLING RIVERFRONT PARK;
and the Resolution was read in full. A motion was made by Director
Dailey, seconded by Director Lewellen, that the Resolution be adopted.
The Resolution was adopted by unanimous voice vote of the Board
Members present.
(Director Shackelford enrolled at 1:50 o'clock P.M.)
Introduced next was Resolution No. 81511 described as:
A RESOLUTION TO AUTHORIZE THE ISSUANCE OF REQUEST FOR PROPOSALS
FOR FINANCIAL ADVISORY AND BOND COUNSEL SERVICES FOR A PROPOSED
CAPITAL IMPROVEMENT BOND ISSUE;
(Re: Diamond Center /Project 2000.)
with the Resolution being read in its entirety. There was a motion by
Director Dailey, seconded by Director Roy, for the adoption of the
Resolution. The Resolution was adopted unanimously by the Board
Members present.
(Director Shackelford was excused at 1:52 P.M.)
Consideration was then given to Ordinance No. 16,047, entitled:
AN ORDINANCE TO APPROPRIATE $42,300 FROM THE UNAPPROPRIATED
GENERAL FUND BALANCE TO THE ARKANSAS MUSEUM OF SCIENCE AND HISTORY;
AND FOR OTHER PURPOSES;
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Roy and seconded by Director Lewellen, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Lewellen, seconded by Director Roy, that
the rules again be suspended and the Ordinance placed on third and
;
final reading. 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 ensued, followed by an Aye and No Vote taken
on passage of the Ordinance, with the results recorded as follows:
Ayes - Mayor Priest, Directors Roy, Hollingsworth, Lewellen, Dailey
and Catlett - total 6; Noes - None; Absent - Director Shackelford -
total 1. Whereupon, the Ordinance was declared PASSED.
At 1:55 o'clock P.M. Mayor Priest announced that the Board of
Directors would recess to executive session in the Board's Conference
Room, for the purpose of considering appointments and reappointments
to various Boards and Commissions.
When the Board of Directors reconvened at 3:45 o'clock P.M. from
executive session, Mayor Priest presided and the following Directors
were present: Directors Roy, Hollingsworth, Lewellen, Shackelford,
Dailey and Catlett - total 7; Absent - None.
i
Minutes - May 29, 1991
Resolution No. 8,512 was then 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, BOARD OF ADJUSTMENT, CITY BEAUTIFUL
COMMISSION, CITY SAFETY COMMISSION, HOUSING BOARD OF ADJUSTMENT AND
APPEALS, MOTION PICTURE AND TELEVISION COMMISSION, LITTLE ROCK
PLANNING COMMISSION, AND THE PRIVATE INDUSTRY COUNCIL.
(Arts & Humanities - Claudia H. Stallings; Museum - Ari Merretazon;
Board of Adjustment - Jeffrey Hathaway; City Beautiful - Jo Marva
Rancifer; City Safety - Ginny Hatch, J. David Leggett; Housing Bd. of
Adjustment & Appeals - James E. Harris; Planning Comm. - Ramsey Ball,
Bill Putnam; Motion Picture & TV Comm. (Reactivated) - Ben Combs,
Maurice Lewis, Judy Stoltz, Mark Abernathy, Dena Benafield, Bob
Ginnaven, Joe Swaty; David Eldridge, Brenda Fulkerson, Judy Green,
Gary Jones, Raye Rogers, Wayne Woods, Regina Blakely, Betty Compton;
PIC - reappoint Boyce Pearson, James Miller, Kay Patton, Richard
Tucker & appoint Dr. Beatrice Reed.)
with the Resolution being read in its entirety. A motion was made by
Director Dailey, seconded by Director Roy, that the Resolution be
adopted. The Resolution was adopted unanimously by voice vote of the
Board Members present.
There being no further business to be presented, Mayor Priest
declared the meeting adjourned at 3:55 o'clock P.M. with the Board of
Directors to convene in regular session on Tuesday, June 4, 1991, at
6:00 o'clock P.M.
ATTEST:
aaL&Le h",60 ek,
City Clerk Robbie Hancock
11
APPR VED:
Mayor Sharon Priest
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J.Ui!t
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Board of Directors Chamber
Little Rock, Arkansas
June 4, 1991 - 6:05 P.M.
The Board of Directors of the City of Little Rock, Arkansas
met in regular session with Mayor Priest presiding. City Clerk Robbie
Hancock called the roll with the following Directors present:
Directors Roy, Hollingsworth, Lewellen, Dailey and Catlett - total 5;
Absent - Director Shackelford - total one.
With a quorum present, Mayor Priest declared the Board of
Directors in session.
The Invocation was given by Director Hollingsworth.
The first matter to be considered was the Consent Agenda,
consisting of the following items:
(a) The approval of the Minutes of the Board of Directors
special meeting held May 13, 1991, the reconvened meeting held May 15,
1991, the regular meeting held May 21, 1991, and the reconvened
meeting held May 29, 1991.
(b) The Comparative Statement of Income of the Little Rock
Municipal Water Works for the month of April, 1991.
'
(c) Resolution No. 8,513, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
CURRENT CONTRACT WITH SCHNEIDERS TO PURCHASE CLOTHING (TROUSERS &
SHIRTS) FOR THE POLICE DEPARTMENT;
(d) Resolution No. 8,514, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD CONTRACTS FOR THE PURCHASE OF ASPHALTIC MATERIALS FOR PUBLIC
WORKS- OPERATIONS; AND AN AIR COOLED WATER CHILLER FOR THE POLICE
DEPARTMENT; AND GRASS SOD FOR THE PARKS & RECREATION DEPARTMENT;
(e) Resolution No. 8,515, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD CONTRACTS FOR THE PURCHASE OF 2 CUSTOM TRIPLE COMBINATION PUMPER
TRUCKS, 2 THREE CUBIT YARD CREW CAB DUMP TRUCKS, 3 TEN CUBIC YARD DUMP
TRUCKS, 1 FLATBED TRUCK, MEDIUM DUTY WITH CRANE, 1 ONE TON VAN WITH
AERIAL LIFT, AND AN ANNUAL CONTRACT FOR PAINT AND BODY WORK FOR THE
DEPARTMENT OF GENERAL SERVICES, FLEET SERVICES DIVISION;
(Director Shackelford was enrolled at 6:15 o'clock P.N.)
By motion from Director Dailey, seconded by Director Hollingsworth,
which was adopted by unanimous vote of the Board Members present, the
,
Consent Agenda was dispensed with as follows: (a) The Minutes of the
Board of Directors special meeting held May 13, 1991, the reconvened
meeting held May 15, 1991, the regular meeting held May 21, 1991, and
the reconvened meeting held May 29, 1991 were approved as written and
summarized to members of the Board of Directors. (NOTE: Regarding the
May 15, 1991 Minutes, Director Hollingsworth questioned the listing of
the IMAX Theater under Capital Items for the sales tax proposal and
emphasized that if the IMAX Theater passed as a capital item, it
would only be bonded if the operation funding was approved because the
Board of Directors has no desire for a stand -alone IMAX Theater.) (b)
The Comparative Statement of Income Account of the Little Rock
Municipal Water Works for the month of April, 1991, was received and
filed; (c, d and e) Resolutions No. 8,513, 8,514 and 8,515 were read
in full and unanimously adopted by the Board Members present.
No one was present to speak at the time allotted for Citizen
Communications.
The next presentation was a request from Dwight Blissard for
approval of a Planned Unit Development and the establishment of a
Planned Commercial Development at 13200 West Markham Street (Z- 5404).
Mr. Jim Lawson, Director of the Department of Neighborhoods and
Planning, made a staff presentation and answered questions regarding
the Planning Commission recommendation for approval of the short form
I
°5
Minutes - June 4, 1991
PCD with conditions. Mr. Dwight Blissard, the developer, responded to
questions by Board Members, stating that the existing building
consists of three bays and the second phase will contain five bays.
He is asking that one bay of 1,375 square feet be permitted in the
existing building to meet the needs of a prospective tenant for a
pharmacy. In the lengthy discussion that followed, Board Members
agreed to add additional language to Section 2 of the proposed
Ordinance as follows: 'However, such plan shall provide that only one
bay, not to exceed 1,375 square feet, may be used for one of the
accessory uses or one of the following conditional uses: (1) Animal
clinic (enclosed); (2) Barber and beauty shops; (3) Health studio or
spa; (4) Office, showroom /warehouse; (5) School (commercial, trade or
craft).' Director Hollingsworth asked why the request is for a
Planned Commercial Development (PCD) rather than a Planned Office
Development (POD). Mr. Lawson stated that there are no provisions for
a Planned Office Development in the Zoning Code at this time.
Ordinance No. 16,048 was then introduced, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED B. BRUMBELOW (Z -5404) 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 then
suspended and the Ordinance placed on second reading by motion from
Director Shackelford, seconded by Director Roy, which was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors- elect. Upon second reading of the Ordinance, there was a
subsequent motion by Director Dailey that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Shackelford seconded the motion which was adopted by unanimous vote of
the members of the Board of Directors present, being seven in number
and two - thirds or more of the members of the Board of Directors - elect.
A third and last reading of the Ordinance ensued, followed by an Aye
and No Vote taken on passage of the Ordinance, with the response
being: Ayes - Directors Lewellen, Shackelford, Dailey, Catlett and
Roy - total 5; Noes - Director Hollingsworth and Mayor Priest - total
2; Absent - None. Whereupon, the Ordinance was declared PASSED.
(Director Shackelford was excused at 7:25 o'clock P.M.)
Consideration was then given to Ordinance No. 16,049, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A SUBDIVISION WAIVER FOR
RANCH PHASE II REVISED PRELIMINARY PLAT;
(S -285 -G - Waiver of curb and gutter on Buckhorn Road off Ranch
Boulevard.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Dailey and seconded by Director Lewellen, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Catlett that the rules be further
suspended and the Ordinance be placed on third and final reading.
Director Dailey seconded the motion which was adopted by unanimous
vote of the 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 ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Hollingsworth,
Lewellen, Dailey, Catlett, Mayor Priest, and Director Roy - total 6;
Noes - None; Absent - Director Shackelford - total 1. The Ordinance
was then declared PASSED.
Ordinance No. 16,050 was next presented, with the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A SUBDIVISION
IMPROVEMENTS WAIVER FOR IDA LORING'S SUBDIVISION;
(S -912 - Waiver of street improvements at 17321 Raines Road.)
006
Minutes - June 4, 1991
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Dailey and seconded by Director Lewellen, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Catlett that the rules be further
suspended and the Ordinance be placed on third and final reading.
Director Dailey seconded the motion which was adopted by unanimous
vote of the 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 ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Hollingsworth,
Lewellen, Dailey, Catlett, Mayor Priest, and Director Roy - total 6;
Noes - None; Absent - Director Shackelford - total 1. The Ordinance
was then declared PASSED.
Ordinance No. 16,051 was introduced next and contained the
following title:
AN ORDINANCE DISSOLVING WATER PIPE LINE IMPROVEMENT DISTRICT NO.
133 OF LITTLE ROCK, ARKANSAS; AND PRESCRIBING OTHER MATTERS PERTAINING
THERETO;
(Tract 8, West Markham Street Subdivision.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Dailey and seconded by Director Lewellen, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Catlett that the rules be further
suspended and the Ordinance be placed on third and final reading.
Director Dailey seconded the motion which was adopted by unanimous
vote of the 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 ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Hollingsworth,
Lewellen, Dailey, Catlett, Mayor Priest, and Director Roy - total 6;
Noes - None; Absent - Director Shackelford - total 1. The Ordinance
was then declared PASSED.
The next presentation was Ordinance No. 16,052, entitled:
AN ORDINANCE GRANTING A FRANCHISE TO WESTERN UNION ATS, INC. TO
USE PART OF THE PUBLIC RIGHT -OF -WAY FOR THE PLACEMENT OF FIBER OPTIC
CABLE AND CONDUIT; DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO
NEGOTIATE A NEW FRANCHISE AGREEMENT WITH WESTERN UNION; AND FOR OTHER
PURPOSES.
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Dailey and seconded by Director Lewellen, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Catlett that the rules be further
suspended and the Ordinance be placed on third and final reading.
Director Dailey seconded the motion which was adopted by unanimous
vote of the 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 ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Hollingsworth,
Lewellen, Dailey, Catlett, Mayor Priest, and Director Roy - total 6;
Noes - None; Absent - Director Shackelford - total 1. The Ordinance
was then declared PASSED.
The next presentation was Resolution No. 8,516, entitled:
A RESOLUTION APPROVING THE EXTENSION OF AN 8" WATER MAIN (950
FEET) AND A 6" WATER MAIN (1330 FEET) TO SERVE 10 TRACTS OF LAND FOR
SINGLE FAMILY DEVELOPMENT IN THE RUNNING CREEK SUBDIVISION, LOCATED IN
PULASKI COUNTY AND OUTSIDE THE CITY OF LITTLE ROCK EXTRATERRITORIAL
JURISDICTION;
1
59
Minutes - June 4, 1991
and the Resolution was read in full. A motion to adopt the Resolution
was made and seconded by Directors Dailey and Roy, respectively, and
the Resolution was adopted by unanimous voice vote of the Board
Members present.
(Director Shackelford was re- enrolled at 7:35 o'clock P.M.)
Ordinance No. 16,053 was introduced next and contained the
following caption:
AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 22 OF THE LITTLE ROCK
CODE OF ORDINANCES, ARTS AND HUMANITIES PROMOTION COMMISSION;
(Amending Section 22 -87 to provide that two commissioners shall be
members of the Little Rock Board of Directors, or their designee.)
and after a first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. There was a second reading of the Ordinance
followed by a subsequent motion made and seconded by Directors
Lewellen and Dailey, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
' unanimous adoption by the Board Members present, being seven in number
and two- thirds or more of the members of the Board of Directors - elect.
Before the final reading of the Ordinance, there was a motion by
Director Shackelford, seconded by Director Dailey, to amend Section
1 of the proposed Ordinance to delete the phrase "it is recommended
that two commissioners be members of the Little Rock Board of
Directors" and insert the phrase "two of whom shall be members of the
Little Rock Board of Directors, or their designee." The motion was
unanimously adopted by the Board Members present, and the third and
last reading of the Ordinance, as amended, ensued. The Aye and No
Vote taken on passage of the Ordinance received the following
response: Ayes - Directors Hollingsworth, Lewellen, Shackelford,
Dailey, Catlett, Mayor Priest, and Director Roy - total 7; Noes -
None; Absent - None. Whereupon, the Ordinance, as amended, was
declared PASSED.
The next matter to be considered was Ordinance No. 16,054,
described as:
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. Charles Stanley, 3900 Gilman Street, addressed the Board of
Directors regarding Unit No. 14059 located at 2001 Abigail Street. He
stated that 758 of the house has been torn down and the City has given
'
him thirty days to raze and remove the structure. He requested
additional time to complete the demolition and removal of the
structure. During the discussion, Board Members generally agreed that
Administration should wait 45 days to institute condemnation
proceedings against the property at 2001 Abigail. After the first
reading of the Ordinance, there was a motion by Director Shackelford,
seconded by Director Catlett, to suspend the rules and place the
Ordinance on second reading. The motion was unanimously adopted by
the Board Members present, being seven in number and two- thirds or
more of the members of the Board of Directors - elect. There was a
second reading of the Ordinance, followed by a subsequent motion made
and seconded by Directors Catlett and Shackelford, respectively, to
further suspend the rules and place the Ordinance on third and final
reading. The motion received unanimous adoption by the Board Members
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect. The third and last reading of the
Ordinance ensued, followed by an Aye and No Vote taken on passage of
the Ordinance, with the results recorded as follows: Ayes - Directors
Hollingsworth, Lewellen, Shackelford, Dailey, Catlett, Mayor Priest,
and Director Roy - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Hollingsworth, Lewellen, Shackelford, Dailey,
Catlett, Mayor Priest, and Director Roy - total 7; Noes - None;
z�d3
I
Minutes - June 4, 1991
I
Absent - None. Therefore, the Ordinance, together with the Emergency
'
Section, was then declared PASSED.
A public hearing had been scheduled for this time and place by
Resolution 8,494, and notice thereof duly published on May 17, 1991,
to consider the issuance of Industiral Development Revenue Bonds to
Arkansas EnviroCorp, Inc. for the purpose of financing the costs of
acquiring, constructing and equipping a medical waste incineration
facility to be located at 2923 West 60th Street. Mayor Priest declared
the public hearing open and Mr. Tom Leggett, the bond attorney for
EnviroCorp, Inc., was the first speaker. He stated that the bonds
would be limited special obligation bonds only and there would be no
tax revenues involved by the City of Little Rock and the City would
not own the property, therefore, there would be no tax exemption. All
permits for the incineration of medical solid waste material would be
obtained from the Arkansas Department of Pollution Control and
Ecology. This will be conduit financing whereby the City of Little
Rock will act as conduit and loan the money to Arkansas EnviroCorp,
Inc., which will lower the interest rate and the financing costs.
The bond holders would bear the risks rather than the City of Little
Rock.
Speaking in support of the project were Mr. Hugh Tanner -
representing the underwriter, Equitable Securities Corporation of
Nashville, Tennessee; Mr. Samuel P. Keichline, Mr. Herman Branton, Mr.
Dean Smith - President of Arkansas EnviroCorp, Mr. Wayne Burke, Mr.
Tony Staley, Mr. Ray Schult, Mr. Jim Russenberger, Mr. Ben Van Patten,
'
Mr. Ron Boyeskie, Mr. David Perry, Mr. Jake R. Voegele, and Mr. David
Spikes. Supporters cited the need for jobs and the need for this
type facility. Mr. Smith stated the purpose of Arkansas EnviroCorp is
to deal with the medical waste in Arkansas and that there are 35,000
tons of medical waste daily just from hospitals in Arkansas. This
facility will meet new federal guidelines coming out this year.
Speaking in opposition to the project were Mr. Charles F. Brant,
Mr. Fred S. Norman, Mr. Gregory Ferguson, Ms. Sharon Golgan - Arkansas
Peace Center, Mr. Bobby Wade and Mr. Jim Mullins. They expressed
environmental concerns and asked the Board of Directors to postpone a
decision until health experts can review the proposal. Mr. Ferguson,
an attorney representing groups opposed to dioxin at Jacksonville,
Arkansas, urged the Board to consider the emmissions of an
incinerator.
At 9:15 o'clock P.M. Mayor Priest announced there would be a five
minute recess.
The Board of Directors reconvened at 9:35 o'clock P.M. with
Mayor Priest presiding and the following Directors present: Directors
Roy, Hollingsworth, Lewellen, Shackelford, Dailey and Catlett - total
6; Absent - None.
The public hearing and discussion continued. Board Members
questioned Mr. Cecil Harrell, Chief Engineer for Arkansas Pollution
Control & Ecology Air Division, who wrote the permit for the facility.
,
He answered questions regarding testing and monitoring of emissions
and the transportation of medical waste across state lines. He stated
that the Environmental Protection Agency would do the monitoring and
that he did not see a problem in case of accidents during
transportation because the waste wasn't flammable and the trucks would
be equipped to handle accidents. Mayor Priest declared the public
hearing closed and stated the proposed Ordinance would be deferred
until the June 18 Board of Directors Meeting.
The last matter to be presented was Resolution No. 8,517,
entitled:
A RESOLUTION MAKING AN APPOINTMENT TO THE ADVERTISING AND
PROMOTION COMMISSION;
(Appointing Temperlene Grissom - Smith.)
i
and there was a full reading of the Resolution. There was a motion by
Director Shackelford, seconded by Director Roy, for the adoption of
the Resolution and the Resolution was unanimously adopted by the Board
Members present.
till
Minutes - June 4, 1991
There being no further business to be presented, Mayor Priest
declared the meeting recessed at 10:30 o'clock P.M., with the Board of
Directors to reconvene on Wednesday, June 13, 1991, at 1:30 o'clock
P.M. to discuss the proposed sale of the Camelot Hotel.
ATTEST:
Q6Zl...t. �Gti►tCO C,�i
City Clerk Robbie Hancock
L
APPRCO�VE�D:�,,
Mayor Sharon Priest
jJ✓
1
Board of Directors Chamber
Little Rock, Arkansas
June 12, 1991 - 1:40 P.M.
The Board of Directors of the City of Little Rock, Arkansas
reconvened from the June 4, 1991 regular meeting with Mayor Priest
presiding. City Clerk Robbie Hancock called the roll with the
following Directors present: Directors Roy, Hollingsworth, Lewellen,
Dailey and Catlett - total 5; Absent - Director Shackelford - total 1.
with a quorum present, Mayor Priest declared the Board of
Directors in session and announced the purpose of the reconvened
meeting was to consider the sale of the Camelot Hotel. City Manager
Tom Dalton advised the Board Members that the Camelot Hotel issue was
not ready for Board action at this time; therefore, no action was
taken.
At the request of Mayor Priest, consideration was then given to a
proposed Ordinance entitled:
AN ORDINANCE ESTABLISHING A $5.00 COURT COST TO BE USED FOR AN
INDIGENT DEFENDANT FUND; PERMITTING THE CITY TO PARTICIPATE IN THE
INDIGENT DEFENDANT FUND ESTABLISHED BY THE COUNTY; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES;
Mayor Priest stated that sometime last year the Pulaski County Quorum
Court made a policy decision that the County would no longer pay for
indigent legal defense in Little Rock Municipal Court. The City of
Little Rock was not aware of that decision and recently Muncipal Court
Judge Marion Humphrey could not appoint an attorney for indigent legal
defense because the attorneys were not being paid by Pulaski County.
She asked City Attorney Tom Carpenter to elaborate on the proposed
Ordinance. Since Little Rock Municipal Judge Marion Humphrey was not
present to address the issue, Mayor Priest recessed the meeting at
1:55 o'clock P.M. to reconvene when Judge Humphrey or his
representative can be present.
The Board of Directors reconvened at 3:55 o'clock P.M., with
Mayor Priest presiding and the following Directors present: Directors
Roy, Hollingsworth, Lewellen, Dailey and Catlett - total 5; Absent -
Director Shackelford - total 1.
Mayor Priest announced that she had met with Ms. Alice Gray,
Senior Judicial Assistant in Judge Humphrey's Office, during the
recess to discuss the proposed Ordinance, and based on that
conversation, no action would be taken until the Board of Directors
Meeting on Tuesday, June 18, 1991.
There being no further business to be presented, the Board of
Directors adjourned at 3:56 o'clock P.M. to meet again in regular
session on Tuesday, June 18, 1991, at 6:00 o'clock P.M.
ATTEST:
Q�(s4w.t.
City Clerk
Ya t.6 eC
Robbie Hancock
APPROVED:
Mayor Sharon
A��
Priest
1
Board of Directors Chamber
Little Rock, Arkansas
June 18, 1991 - 6:15 P.M.
The Board of Directors of 'the City of Little Rock, Arkansas met
in regular session with Mayor Sharon Priest presiding. City Clerk
Robbie Hancock called the roll with the following Directors present:
Directors Roy, Hollingsworth, Lewellen and Dailey - total 4; Absent -
Directors Shackelford and Catlett - total 2.
With a quorum present, Mayor Priest declared the Board of
Directors in session.
The Invocation was given by Director Lewellen.
Mayor Priest presented Certificates of Appreciation to Mr. Barry
Travis, Executive Director of the Little Rock Convention & Visitors
Bureau, Mr. Don Crary, Executive Director of New Futures, and Ms.
Terry Quinn, Senior Sales Representative with the Little Rock'
Convention & Visitors Bureau for their participation in Little Rock's
competition for a 1991 All- America City, sponsored by the National
Civic League in San Antonio, on June 6 -8, 1991. Other members of the
team were Mr. Paul Harvel, Mr. Skip Rutherford, Mr. Sherman Tate, Mr.
Floyd G. "Buddy" Villines, Khalisha Croom, and Mayor Sharon Priest.
City Manager Tom Dalton advised the Board of Directors that Mr.
Hal Kempp, Attorney for the Little Rock Advertising and Promotion
Commission, was present to brief Board Members on the proposed sale of
the Camelot Hotel. Mr. Kemp advised the Board that the Advertising &
Promotion Commission had adopted a Resolution approving and
recommending to the Board of Directors the assignment of the Lease and
Agreement from Camelot Inn - Little Rock, Inc. to MEHTA Associates, Inc.
on the condition that a Second Amendment to the Lease and Agreement is
fully executed. The proposed Resolution was then added to the Consent
Agenda as Item (j).
The Consent Agenda was presented, consisting of the following
items:
(a) Approval of the Minutes of the previous meeting held June 4,
1991 and the reconvened meeting held June 12, 1991.
(b) The Firemen's Relief and Pension Fund Financial Statement
for years ended December 31, 1990 and 1989.
(c) The Policemen's Pension and Relief Fund Financial Statement
for years ended December 31, 1990 and 1989.
' (d) The Municipal Judges Retirement Fund Financial Statement for
years ended December 31, 1990 and 1989.
(e) The Comprehensive Annual Financial Report of the City of
Little Rock, Arkansas for the year ended December 31, 1990.
(f) Resolution No. 8,518, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD CONTRACTS FOR ASPHALT PAVING OF CART PATHS AT REBSAMEN GOLF
COURSE FOR THE PARKS AND RECREATION DEPARTMENT; THE PURCHASE OF 2
POTHOLE PATCHER TRUCKS AND FIVE (5) 25 CUBIC YARD REFUSE PACKER TRUCKS
FOR THE DEPARTMENT OF GENERAL SERVICES /FLEET SERVICES DIVISION.
(g) Resolution No. 8,519, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
CONTRACT WITH EMPLOYER'S REINSURANCE CORPORATION TO PROVIDE EXCESS
COVERAGE FOR THE CITY'S WORKERS' COMPENSATION PROGRAM FOR A ONE YEAR
PERIOD BEGINNING JULY 1, 1991.
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602
Minutes - June 18, 1991
(h) Resolution No. 8,520, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR THE CONSTRUCTION OF A SHOTGUN TRAINING RANGE FOR
THE LITTLE ROCK POLICE DEPARTMENT TO BE LOCATED AT THE POLICE TRAINING
FACILITY AT 10900 ARCH STREET.
(i) Resolution No. 8,521, entitled:
A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON JULY
16, 1991, TO CONSIDER THE ISSUANCE OF REFUNDING REVENUE BONDS BY THE
CITY OF LITTLE ROCK, ARKANSAS RESIDENTIAL HOUSING AND PUBLIC
FACILITIES BOARD. (Re: Pleasant Woods Project.)
(j) Resolution No. 8,522, which was added to the Consent Agenda
after the briefing by Attorney Hal Kemp (see above), with the title
being: "-
A RESOLUTION CONSENTING TO THE ASSIGNMENT OF LEASE AND
AGREEMENT, AS AMENDED, FROM CAMELOT INN - LITTLE ROCK, INC. TO MEHTA
ASSOCIATES, INC. PERTAINING TO THE CAMELOT HOTEL LEASED PROPERTY; AND
OTHER RELATED LEASES, AS AMENDED, PERTAINING TO THE CAMELOT HOTEL; AND
PRESCRIBING OTHER MATTERS RELATED THERETO.
By motion from Director Lewellen, seconded by Director Roy, 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 meeting held June 4, 1991 and the reconvened meeting held
June 12, 1991 were approved as written and summarized to the members
of the Board of Directors; (b, c, d & e) The Firemen's Relief and
Pension Fund Financial Statement for years ended December 31, 1990 and
1989, the Policemen's Pension and Relief Fund Financial Statement for
years ended December 31, 1990 and 1989, the Municipal Judges
Retirement Fund Financial Statement for years ended December 31, 1990
and 1989, and the Comprehensive Annual Financial Report of the City
of Little Rock, Arkansas for the year ended December 31, 1990 were
received and filed; and (f, g, h, i & j) Resolutions No. 8,518, 8,519,
8,520, 8,521 and 8,522 were read in full and unanimously adopted by
the Board Members present.
At the time allotted for Citizens Communication, several citizens
were present to address the Board regarding the proposed medical waste
incinerator. (NOTE: See Minutes of Board of Directors Meeting held
June 4, 1991.) The first speaker was Mr. Barry Haas, 3900 Doral
Drive, who read a prepared statement in opposition to the medical
waste incinerator. Mayor Priest advised Mr. Haas that EnviroCorp,
Inc. has requested that the proposed Ordinance approving the issuance
of Industrial Development Bonds be deferred, also the City of Little
Rock would only be participating in the bonding and does not issue the
permit for the incinerator.
The next speaker was Ms. Cozetta (Cody) Tidwell, 503 East 6th St.
Apt. 314, who asked to speak to the Board regarding an incident that
happened between a City employee and a Board Member on Thursday, June
13, 1991 and on Tuesday, June 18, 1991. Mayor Priest advised her that
was a personnel matter and should not be addressed at the Board of
Directors Meeting.
Ms. Ruth Bell, 7611 Briarwood, read a prepared statement on
behalf of the League of Women Voters, concerning the membership of
various Boards and Commissions of the City of Little Rock. The League
made three recommendations: (1) schedule meetings after 3:00 P.M. to
facilitate attendance; (2) publicize vacancies on television; and (3)
develop a consistant policy for making appointments. Mayor Priest
suggested this matter be placed on the Agenda in the near future for
discussion.
Mr. Ned Armstead, 15 Butterfly Cove, stated that he had
petitions with 1,065 signatures to be presented to the Arkansas
Pollution Control & Ecology Board in opposition to the medical waste
incinerator. J
Others speaking in opposition to the medical waste incinerator
were Mr. L. J. McIntosh, 5301 Park Village Dr., Ms. Charlene
Hardcastle, 312 Fern St., Mr. Harry Laucks, 1812 Spring St., Mr. Larry
Witt, St. Vincent Infirmary, Mr. Cliff Cheatwood, CEO of Arkansas Mill
Supply, Mr. Bill Loyd, 19 Clifton Dr., Mr. Jim Lynch, 16 Lenon Dr.,
and Ms. Carolyn F. Izard, #7 Edgemont Dr.
2
J
Minutes - June 18, 1991
r�
and the proposed Ordinance was read the first time. A motion was then
made by Director Dailey, seconded by Director Lewellen, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being five in number and two - thirds or more of the Board of Directors -
elect. Upon second reading of the Ordinance, there was a subsequent
motion by Director Lewellen, seconded by Director Hollingsworth, that
the rules be further suspended and the Ordinance be placed on third
and final reading. The motion was unanimously adopted by members of
the Board of Directors present, being five in number and two- thirds or
more of the Board of Directors - elect. A third and last reading of the
Ordinance ensued, followed by an Aye and No Vote taken on passage of
the Ordinance, with the response being: Ayes - Directors Lewellen and
Roy - total 2; Noes - Director Dailey, Mayor Priest and Director
Hollingsworth - total 3; Absent - Directors Shackelford and Catlett -
total 2. Mayor Priest then announced that the Ordinance had FAILED TO
PASS.
Zoning Application Z -5425 was introduced next and was filed by
Mr. Mark J. Riable for Robert D. and Sandra Lynn Vowell, to rezone 4.2
acres at the north end of Warehouse Road from "R -2" Single - family
District to "C -4" Open Display and "OS" Open Space Districts. The
proposal was approved by the Planning Commission on May 21, 1991. Mr.
Jim Harris, 7715 McDaniel Drive, and Ms. JoAnne Ishmael, 3 Curtis
Cove, voiced opposition to the proposed rezoning because any
construction /development would increase the drainage problem. Ms.
Ishmael asked the City for some type of funding to widen and clean
Young Creek to alleviate the flooding problems that now exist. Mr.
Harris stated that the bridge across the creek is inadequate and will
be condemned by the Arkansas Highway Department. Mayor Priest
directed Staff to report what can be done immediately to relieve the
flooding problem and asked Mike Batie, Director of Public Works, to
have the ditch cleaned. Following the lengthy discussion, Ordinance
No. 16,055 was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5425 - To rezone 4.2 acres at the north end of Warehouse Road from
'R -2" Single - family District to "C -4" Open Display and "OS" Open Space
Districts.)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Dailey, seconded by Director Lewellen, and 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.
Upon second reading of the Ordinance, there was a subsequesnt motion
made by Director Roy, seconded by Director Dailey, that the rules be
further suspended and the Ordinance be placed on third and final
reading. The motion was unanimously adopted by members of the Board
of Directors resent being five in number and two - thirds or more of
V r
the members of the Board of Directors - elect; whereupon, the Ordinance
was read the third and last time. An Aye and No vote was taken on
passage of the Ordinance which resulted as follows: Ayes - Directors
14110
Zoning Application Z- 5260 -A filed by Allan R. Thalheimer for Lou
M. L. Weinthaub and Allan R. Thalheimer, was the next
Hoffman,
presentation. The application requested the reclassification of
property located at 8521 Scott Hamilton Drive from "R -2" Single - family
District to "C -3" General Commercial and "OS" Open Space Districts.
The Planning Commission approved the reclassification as amended.
Attorney Phil Kaplin, representing the owners, asked the Board to
approve the Planning Commission action. Mr. Jim Lawson, Director of
the Department of Neighborhoods and Planning, explained that staff
recommended denial because the request is identical to the 1990
rezoning application that was denied by both the Planning Commission
and the Board of Directors. (See Minutes of February 20, 1990 and May
1, 1990.) Following the discussion, the proposed ordinance was
presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z- 5260 -A - To rezone 8521 Scott Hamilton Drive from 'R -2' Single -
family to "C -3" General Commercial and "OS" Open Space Districts.)
r�
and the proposed Ordinance was read the first time. A motion was then
made by Director Dailey, seconded by Director Lewellen, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being five in number and two - thirds or more of the Board of Directors -
elect. Upon second reading of the Ordinance, there was a subsequent
motion by Director Lewellen, seconded by Director Hollingsworth, that
the rules be further suspended and the Ordinance be placed on third
and final reading. The motion was unanimously adopted by members of
the Board of Directors present, being five in number and two- thirds or
more of the Board of Directors - elect. A third and last reading of the
Ordinance ensued, followed by an Aye and No Vote taken on passage of
the Ordinance, with the response being: Ayes - Directors Lewellen and
Roy - total 2; Noes - Director Dailey, Mayor Priest and Director
Hollingsworth - total 3; Absent - Directors Shackelford and Catlett -
total 2. Mayor Priest then announced that the Ordinance had FAILED TO
PASS.
Zoning Application Z -5425 was introduced next and was filed by
Mr. Mark J. Riable for Robert D. and Sandra Lynn Vowell, to rezone 4.2
acres at the north end of Warehouse Road from "R -2" Single - family
District to "C -4" Open Display and "OS" Open Space Districts. The
proposal was approved by the Planning Commission on May 21, 1991. Mr.
Jim Harris, 7715 McDaniel Drive, and Ms. JoAnne Ishmael, 3 Curtis
Cove, voiced opposition to the proposed rezoning because any
construction /development would increase the drainage problem. Ms.
Ishmael asked the City for some type of funding to widen and clean
Young Creek to alleviate the flooding problems that now exist. Mr.
Harris stated that the bridge across the creek is inadequate and will
be condemned by the Arkansas Highway Department. Mayor Priest
directed Staff to report what can be done immediately to relieve the
flooding problem and asked Mike Batie, Director of Public Works, to
have the ditch cleaned. Following the lengthy discussion, Ordinance
No. 16,055 was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5425 - To rezone 4.2 acres at the north end of Warehouse Road from
'R -2" Single - family District to "C -4" Open Display and "OS" Open Space
Districts.)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Dailey, seconded by Director Lewellen, and 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.
Upon second reading of the Ordinance, there was a subsequesnt motion
made by Director Roy, seconded by Director Dailey, that the rules be
further suspended and the Ordinance be placed on third and final
reading. The motion was unanimously adopted by members of the Board
of Directors resent being five in number and two - thirds or more of
V r
the members of the Board of Directors - elect; whereupon, the Ordinance
was read the third and last time. An Aye and No vote was taken on
passage of the Ordinance which resulted as follows: Ayes - Directors
14110
604
Minutes - June 18, 1991
Lewellen, and Dailey, Mayor Priest, Directors Roy and Hollingsworth -
total 5; Noes - None; Absent - Directors Shackelford and Catlett -
total 2. The Ordinance was then declared PASSED.
Consideration was then given to Zoning Application Z -5439, filed
by Mr. D. Patrick Herndon, agent for Mr. Charles Schneider, to rezone
10501 I -30 from "R -2" Single - family District to "C -4" Open Display
District. The Planning Commission approved the reclassification on
May 21, 1991. No one was present to speak in opposition to the
reclassification and Ordinance No. 16,056 was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5439 - To rezone 10501 I -30 from 'R -2' Single - family District to
'C -4' Open Display District.)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Dailey, seconded by Director Lewellen, and 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.
Upon second reading of the Ordinance, there was a subsequesnt motion
made by Director Roy, seconded by Director Dailey, that the rules be
further suspended and the Ordinance be placed on third and final
reading. The motion was unanimously adopted by 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; whereupon, the Ordinance
was read the third and last time. An Aye and No vote was taken on
passage of the Ordinance which resulted as follows: Ayes - Directors
Lewellen, and Dailey, Mayor Priest, Directors Roy and Hollingsworth -
total 5; Noes - None; Absent - Directors Shackelford and Catlett -
total 2. The Ordinance was then declared PASSED.
The next presentation was Zoning Application Z -5440 filed by Ms.
Eugenia M. McGinnis, owner, to reclassify 3405 West Roosevelt Road
from "C -3" General Commercial District to "C -4" Open Display District.
The Planning Commission approved the rezoning on May 21, 1991. No one
opposed the reclassification and Ordinance No. 16,057 was presented,
described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5440 - To rezone 3405 West Roosevelt Road from 'C -3' General
Commercial District to 'C -4' Open Display District.)
with the Ordinance being read the first time. The rules were then
suspended to allow for the second reading by motion from Director
Dailey, seconded by Director Lewellen, and 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.
Upon second reading of the Ordinance, there was a subsequent motion
made by Director Roy, seconded by Director Dailey, that the rules be
further suspended and the Ordinance be placed on third and final
reading. The motion was unanimously adopted by 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; whereupon, the Ordinance
was read the third and last time. An Aye and No vote was taken on
passage of the Ordinance which resulted as follows: Ayes - Directors
Lewellen, and Dailey, Mayor Priest, Directors Roy and Hollingsworth -
total 5; Noes - None; Absent - Directors Shackelford and Catlett -
total 2. The Ordinance was then declared PASSED.
Consideration was then given to Ordinance No. 16,058 entitled:
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. Ralph McDaniel, 5804 Young Road, asked the Board of Directors for
an extension to begin rehabilitation of Unit No. 14887 located at 3814
West 14th Street. The Board agreed to an administrative extension of
ninety (90) days with the work to be completed within 180 days. The
4
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Minutes - June 18, 1991
5
Ordinance was then read the first time. The rules were suspended to
allow for the second reading by motion from Director Dailey, seconded
by Director Lewellen, and 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. Upon second
reading of the Ordinance, there was a subsequent motion made by
Director Roy, seconded by Director Dailey, that the rules be further
suspended and the Ordinance be placed on third and final reading. The
motion was unanimously adopted by 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; whereupon, the Ordinance was read the
third and last time. An Aye and No vote was taken on passage of the
Ordinance which resulted as follows: Ayes - Directors Lewellen and
Dailey, Mayor Priest, Directors Roy and Hollingsworth - total 5; Noes
- None; Absent - Directors Shackelford and Catlett - total 2.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Lewellen, and Dailey, Mayor Priest, Directors Roy and
Hollingsworth - total 5; Noes - None; Absent - Directors Shackelford
and Catlett - total 2. The Ordinance, together with the Emergency
Section, was then declared PASSED.
Consideration was then given to the recommendation from Staff to
reject all bids for the wrecker service franchise and direct staff to
develop a bid evaluation system and re -bid the wrecker service.
(NOTE: Resolution No. 7,794 adopted June 10, 1987 awarded the wrecker
service franchise to Routh Wrecker Service for two years from July 15,
1987 to July 15, 1989. Resolution No. 8,168, adopted June 20, 1989,
granted a two year extension from July 15, 1989 to July 15, 1991.) On
April 19, 1991, Staff solicited bids for the purpose of awarding the
wrecker service franchise. Bids were opened on May 19, 1991.
Although the same rating criteria was used four years ago to secure
lower prices for the public, the opposite happened. Therefore, Staff
recommends that the bids be rejected and a bid evaluation system be
developed that more closely correlates with actual charges.
Persons speaking in opposition to the proposal to reject the bids
were Mr. Rusty Hatfield - 4604 West 28th Street, Attorney Robert
James, Joe E. McPeak - #17 Twyla Lane, and Mr. Charles W. Tracy -
Trek Wrecker Service.
Mr. Rusty Hatfield, Billy Jacks Body Shop, was the first speaker.
He stated he was opposed to the plan to reject the bids.
Attorney Robert James, representing Trek Wrecker Service,
objected to the motion to reject the bids. He presented a comparison
chart of the bids and asked the Board of Directors to look at the
total cost of what the average citizen would pay. He alleged that the
current franchise holder had overcharged by charging for additional
wreckers that were not needed and administrative fees that were not
reflected in the bill to the City and had also broken the contract.
Mr. Charles W. Tracy, owner of Trek Wrecker Service, also urged the
Board to deny the motion and grant the franchise to Trek.
Mr. Joe E. McPeak of A -1 Express Towing, asked the Board of
Directors to deny the motion to re -bid and award the franchise to Trek
Wrecker Service.
Attorney Robert Newcomb, representing Routh Wrecker Service,
responded to charges and allegations made by Trek. He stated that Act
898 of 1989 allows for charges for advertising and notification.
Mr. Ron Routh, General Manager of Routh Wrecker Service, also
responded to the charges and allegations made by Trek.
Following the lengthy discussion, Director Dailey moved for the
adoption of the motion to reject all bids for the wrecker service
franchise and direct staff to develop a bid evaluation system and re-
bid the wrecker service. The motion was seconded by Director Lewellen
and adopted by the following roll call vote: Ayes - Directors
Lewellen and Dailey, Mayor Priest, and Director Hollingsworth - total
4; Noes - Director Roy - total 1; Absent - Directors Shackelford and
Catlett - total 2. Therefore, the motion was ADOPTED.
1
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Minutes - June 18, 1991 6
I
The next Ordinance No. 16,059,
presentation was entitled:
AN ORDINANCE ESTABLISHING A $5 COURT COST TO BE USED FOR AN
INDIGENT DEFENDANT FUND; PERMITTING THE CITY TO PARTICIPATE IN THE
INDIGENT DEFENDANT FUND ESTABLISHED BY THE COUNTY; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. The rules were then
suspended to provide for the second reading of the Ordinance, by a
motion from Director Dailey and seconded by Director Lewellen, which
was unanimously adopted by 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. Upon second reading of the Ordinance, there
was a subsequent motion by Director Lewellen that the rules again be
suspended and the Ordinance be placed on third and final reading.
Director Dailey seconded the motion which 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. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Lewellen and
Dailey, Mayor Priest, Directors Roy and Hollingsworth - total 5; Noes
- None; Absent - Directors Shackelford and Catlett - total 2.
The Emergency Clause contained in Section 9 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Lewellen, and Dailey, Mayor Priest, Directors Roy and
Hollingsworth - total 5; Noes - None; Absent - Directors Shackelford
and Catlett - total 2. The Ordinance, together with the Emergency
Section, was then declared PASSED.
At 10 :08 o'clock P.M. Mayor Priest declared a ten minute recess.
When the Board of Directors reconvened at 10:20 o'clock P.m., Mayor
Priest presided and the following Directors were present: Directors
Roy, Hollingsworth, Lewellen and Dailey - total 4; Absent - Directors
Shackelford and Catlett - total 2.
Consideration was then given to two ordinances and a resolution
regarding the proposed penny sales tax for capital projects and
general operations of the City of Little Rock, appearing on the Agenda
as Items 7, 8 and 9.
Mr. Ernest P. Joshua, 33 St. Andrews Drive, spoke in support of
the sales tax and the proposed Diamond Center /Project 2000.
i
Mr. Jim Lynch, 16 Lenon Drive, read a prepared statement in
opposition to the proposed sales tax and Diamond Center /Project 2000.
Mr. Jim Engstrom, 29 Foxhunt Trail, and Chairman of the Board of
Trustees of the Arkansas Museum of Science and History, spoke in favor
of the sales tax issue, but was concerned with the wording of the
Ordinance relating to the IMAX Theater. He urged the Board to change
the wording of the ordinance to include reference to the IMAX Theater
being attached to the Arkansas Museum of Science and History. Mr.
'
Tom Wittenberg, 6313 West Markham Street, Secretary of the Board of
Trustees of the Arkansas Museum of Science and History, emphasized
that the IMAX Theater would be operated by the Museum. City Manager
Tom Dalton stated that clearly the IMAX Theater would have a very
strong linkage to the Museum, but suggested the Board leave
flexibility for operation of the IMAX. Ms. Alison Sanchez, Executive
Director of the Arkansas Museum of Science and History, urged the
Board to follow the recommendation of a manager for the IMAX Theater
to be operated in conjunction with the Museum. During the discussion,
Board Members agreed to add the words win conjunction with the
Arkansas Museum of Science and History' after the phrase 'IMAX Format
Theater.'
Mr. Randolph L. Mowry, 808 Lewis Street, President of the Forest
Hills Neighborhood Association, addressed such issues as priorities,
housing rehabilitation and neighborhood patrol programs.
Mr. Larry Rogers, 816 South Dennison St., had concerns about the
Resolution of intent of funding of operating tax, because there was no
mention of the health of the inner city.
and the Ordinance was read the first time. The rules were then
suspended to provide for the second reading of the Ordinance, by a
motion from Director Lewellen and seconded by Director Dailey, which
was unanimously adopted by 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. Upon second reading of the Ordinance, there
was a subsequent motion by Director Roy that the rules again be
' suspended and the Ordinance be placed on third and final reading.
Director Lewellen seconded the motion, which 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. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Lewellen and
Dailey, Mayor Priest, Directors Roy and Hollingsworth - total 5; Noes
None; Absent - Directors Shackelford and Catlett - total 2.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Lewellen and Dailey, Mayor Priest, Directors Roy and
Hollingsworth - total 5; Noes - None; Absent - Directors Shackelford
and Catlett - total 2. The Ordinance, together with the Emergency
Section, was then declared PASSED.
The next presentation was Ordinance No. 16,061, described as:
AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF LITTLE
ROCK, ARKANSAS, ON THE QUESTION OF LEVYING A ONE -HALF OF ONE PERCENT
(0.5 %) SALES AND COMPENSATING USE TAX FOR GENERAL OPERATIONS OF THE
CITY; ESTABLISHING A DATE FOR THE ELECTION; PRESCRIBING OTHER MATTERS
PERTAINING THERETO; AND DECLARING AN EMERGENCY;
(Special Election to be held October 8, 1991.)
' and the Ordinance was read the first time. The rules were then
suspended to provide for the second reading of the Ordinance by a
motion from Director Hollingsworth, seconded by Director Dailey,
which was unanimously adopted by 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. Upon second reading of the Ordinance,
there was a subsequent motion by Director Lewellen that the rules
again be suspended and the Ordinance be placed on third and final
reading. Director Dailey seconded the motion which 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. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Lewellen and
Dailey, Mayor Priest, Directors Roy and Hollingsworth - total 5; Noes
- None; Absent - Directors Shackelford and Catlett - total 2.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Lewellen and Dailey, Mayor Priest, Directors Roy and
Hollingsworth - total 5; Noes - None; Absent - Directors Shackelford
and Catlett - total 2. The Ordinance, together with the Emergency
Section, was then declared PASSED.
607
Minutes - June 18, 1.991 7
Following a page by page review, Ordinance No. 16,060 was
presented, with the title being:
AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF LITTLE
ROCK, ARKANSAS, ON THE QUESTIONS OF ISSUING BONDS UNDER AMENDMENT NO.
62 TO THE CONSTITUTION OF THE STATE OF ARKANSAS FOR THE PURPOSES OF
FINANCING THE COSTS OF A MULTIPURPOSE EVENTS CENTER; RENOVATING WAR
MEMORIAL STADIUM; EXPANDING THE STATEHOUSE CONVENTION CENTER;
FINANCING STREET IMPROVEMENTS; FINANCING DRAINAGE IMPROVEMENTS;
FINANCING IMPROVEMENTS OVEMENTS TO AND THE ACQUISITION FOR PARKS AND RECREATION
•
IN THE CITY, FINANCING IMPROVEMENTS TO THE ZOO; FINANCING THE SUPPORT
OF A HOUSING AND NEIGHBORHOOD REVITALIZATION PROGRAM; FINANCING AN
IMAX FORMAT THEATER IN CONJUNCTION WITH THE ARKANSAS MUSEUM OF SCIENCE
AND HISTORY; FINANCING RIGHT -OF -WAY ACQUISITION; PRESCRIBING OTHER
MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY;
(Special Election to be held October 8, 1991.)
and the Ordinance was read the first time. The rules were then
suspended to provide for the second reading of the Ordinance, by a
motion from Director Lewellen and seconded by Director Dailey, which
was unanimously adopted by 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. Upon second reading of the Ordinance, there
was a subsequent motion by Director Roy that the rules again be
' suspended and the Ordinance be placed on third and final reading.
Director Lewellen seconded the motion, which 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. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Lewellen and
Dailey, Mayor Priest, Directors Roy and Hollingsworth - total 5; Noes
None; Absent - Directors Shackelford and Catlett - total 2.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Lewellen and Dailey, Mayor Priest, Directors Roy and
Hollingsworth - total 5; Noes - None; Absent - Directors Shackelford
and Catlett - total 2. The Ordinance, together with the Emergency
Section, was then declared PASSED.
The next presentation was Ordinance No. 16,061, described as:
AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF LITTLE
ROCK, ARKANSAS, ON THE QUESTION OF LEVYING A ONE -HALF OF ONE PERCENT
(0.5 %) SALES AND COMPENSATING USE TAX FOR GENERAL OPERATIONS OF THE
CITY; ESTABLISHING A DATE FOR THE ELECTION; PRESCRIBING OTHER MATTERS
PERTAINING THERETO; AND DECLARING AN EMERGENCY;
(Special Election to be held October 8, 1991.)
' and the Ordinance was read the first time. The rules were then
suspended to provide for the second reading of the Ordinance by a
motion from Director Hollingsworth, seconded by Director Dailey,
which was unanimously adopted by 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. Upon second reading of the Ordinance,
there was a subsequent motion by Director Lewellen that the rules
again be suspended and the Ordinance be placed on third and final
reading. Director Dailey seconded the motion which 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. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Lewellen and
Dailey, Mayor Priest, Directors Roy and Hollingsworth - total 5; Noes
- None; Absent - Directors Shackelford and Catlett - total 2.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Lewellen and Dailey, Mayor Priest, Directors Roy and
Hollingsworth - total 5; Noes - None; Absent - Directors Shackelford
and Catlett - total 2. The Ordinance, together with the Emergency
Section, was then declared PASSED.
607
Minutes - June 18, 1991
8
The last matter to be considered was Resolution No. 8,523,
,I
entitled:
A RESOLUTION ESTABLISHING INTENT TO FUND CERTAIN OPERATION
PROGRAMS AND ANNUAL CAPITAL PROJECTS UPON PASSAGE OF A NEW HALF -PENNY
TAX;
and a lengthy discussion ensued among Board Members before the reading
of the Resolution. Following the discussion, the Resolution was read
in full. There was a motion by Director Lewellen, seconded by
Director Roy, that the Resolution be adopted. The motion was
unanimously adopted by the Board Members present. The Resolution was
then declared ADOPTED.
There being no further business to be presented, the Board of
Directors adjourned at 1:15 o'clock A. M. to meet again in regular
session on Tuesday, July 2, 1991, at 6:00 o'clock P.M.
ATTESSTe:� (A'PP�RVED :
City Clerk Robbie Hancock Mayor Sharon Priest
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III Board of Directors Chamber
11
Little Rock, Arkansas
July 2, 1991 - 6:08 E.;M.
The Board of Directors of the City of Little Rock, Arkansas,
met in regular session :with .Mayori Sharon ,P,riest,,presiding. City Clerk
Robbie Hancock called the roll with the following Directors present:
Directors Roy, Lewellen, Dailey and Catlett - total 4; Absent -
Directors Hollingsworth and Shackelford - total 2.
With a quorum present, Mayor Priest declared the Board of
Directors in session.
The Invocation was given by Vice Mayor Dailey.
Director Shackelford was enrolled at 6:10 o'clock P.M.
The first matter to be considered was the Consent Agenda,
consisting of the following items:
(a) The Minutes of the previous Board of Directors Meeting held
June 18, 1991.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of May, 1991.
(c) Resolution No. 8,524, entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF, LITTLE „
ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF INTERSTATE, ,H1IGH,WAY,;> ,.
SIGN COMPANY TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM.
(Located at 7415 Lindsey Road.)
(d) Resolution No. 8,525, described as:
A RESOLUTION AUTHORIZING THE SALE OF CERTAIN PROPERTY
LOCATED IN THE LITTLE ROCK PORT INDUSTRIAL PARK; AND FOR OTHER
PURPOSES. (12 acres sold to Lindsey Road Partnership for $210,000.)
(e) Resolution No. 8,526, with the title being:
A RESOLUTION OF THE LITTLE ROCK BOARD OF DIRECTORS ACCEPTING
THE PLANNING COMMISSION'S RECOMMENDED COURSE OF ACTION TO STUDY
EXISTING CONDITIONS ON 12TH STREET AND OTHER MATTERS.
(f) Resolution No. 81527, entitled:
A'RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR THE PURCHASE OF 2 GANG FLAIL MOWERS FOR THE
DEPARTMENT OF GENERAL SERVICES /FLEET SERVICES DIVISION. (Contract with
' Newton Equipment Company in an amount not to exceed $70,791.76.)
(g) The Resolution regarding the Mabelvale Railroad Crossing
Project was removed from the Consent Agenda because an Ordinance was
required to make the necessary appropriation. (See Ordinance No.
16,064.)
(h) Resolution No. 8,528, which did not appear on the Agenda,
was added to the Consent Agenda at the request of Mayor Priest, with
the title being:
A RESOLUTION TO DECLARE THE INTENT OF THE BOARD OF DIRECTORS IN
RELATION TO THE RENOVATION OF WAR MEMORIAL STADIUM AS AN ITEM FOR A
CAPITAL IMPROVEMENT BOND ISSUE.
By a 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 meeting held June 18, 1991, were approved as written and
summarized 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 May, 1991 was received and filed; and (c,
d, e, f and h) Resolutions No. 8,524, 8,525, 8,526, 8,527 and 8,528
were read in full and adopted by the Board Members present. (Note:
Item (g) was removed from the Consent Agenda and considered separately
L
609
2
Minutes - July 2,1991
as an Ordinance appropriating funds for the Mabelvale Railroad
Crossing Project - See Ordinance No. 16,064.)
At the time allotted for Citizen Communications, Mr. Ned
Armstead, 15 Butterfly Cove, addressed the Board to clarify statements
he made at the last Board of Directors Meeting regarding the capacity
of the medical waste incinerator. He reported that there is an
average of 6,110 hospital beds in Arkansas and each bed produces 6.5
pounds of medical waste, an annual total of 14,272,960 pounds. Mr.
Armstead also reported that EnviroCorp no longer has a permit to
build, operate and maintain a medical waste incinerator in Southwest
Little Rock. On June 27, 1991, the Governor's Office urged the
Pollution Control and Ecology Board to review the permit, because
there-''wasrnob enough public input. Several citizens spoke at an open
forum held June 27 and the next day the Pollution Control & Ecology
Commission voted to have the Department review the permit. Mr.
Armstead thanked Board Members for not taking action on June 4, 1991,
on the proposed Ordinance authorizing the issuance of Industrial
Development Revenue-Bonds. (See Minutes of Board of Directors Meeting
held June 4, 1991 and June 18, 1991.)
Zoning Application Z -5415 from Victor R. Cobb, Treasurer',-of
Phelps Fan Manufacturing Company, was introduced next. The
application to rezone 4.13 acres at 10701 I -30 and Mabelvale Pike from
"R -2" Single - family District to "I -2" Light Industrial District, was
approved by the Planning Commission on May 21, 1991. Mrs. Joyce
Plant, 9400 Mabelvale Pike, spoke on behalf of several area residents
in opposition to the proposed reclassification, stating that
residents should know what the owner's plans are for the property.
She noted that none of the industrial zoned property faces Mabelvale
Pike. She stated the property facing I -30 should be rezoned but not
the property on Mabelvale Pike. Mr. Bill Phelps and Mr. Roger Cobb,
both officers of Phelps Fan Manufacturing Company, spoke in support of
the rezoning, stating that it was very important for long range
planning to have the property reclassified to "I -2" Light Industrial.
Director Shackelford suggested rezoning the property to "I -1" which
would allow the sames uses but would require a site plan review.
Director Dailey suggested leaving the area on Mabelvale Pike as "R -2"
Single- family and reclassifying the remainder to "I -2" Light
Industrial. Mayor Priest expressed concern about the Land Use Plan
for the area: 'Following the lengthy discussion, Board Members agreed
to defer the Ordinance until the Reconvened Meeting on Wednesday, July
10, 1991, to allow Mr. Phelps time to consider the options and to get
the legal description for the property if a portion of it remains "R-
2" Residential. Therefore, no action was taken and the proposed
Ordinance was deferred until Wednesday, July 10, 1991.
Consideration was then given to Ordinance No. 16,062, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A REVISED PCD DISTRICT TITLED WEST MARKHAM AUTO MALL (Z-
2245-E) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF
THE CODE OF ORDINANCES�•?OR'.;THE -ChTY OFaa1LLTTLE:,ROCK.-1 AND FOR OTHER
PURPOSES;
(Z- 2245 -E - 11301 West Markham Street.)
and the Ordinance was read the first time. A motion followed whereby
the rules were suspended to allow for the second reading of the
Ordinance. The motion was made by Director Dailey, seconded by
Director Roy, and 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. The Ordinance was then read
the second time. A subsequent motion was'made by Director Lewellen,
seconded by Director Roy, to further suspend the rules and place the
Ordinance on third and final reading. 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. There was a third and final reading of the
Ordinance, after which an Aye and No Vote was taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes
- Director Catlett, Mayor Priest, Directors Roy, Lewellen and
Shackelford - total 5; Noes - None; Abstentions - Director Dailey -
total 1; Absent - Di>ector Hollingsworth - total 1. The Ordinance was
then declared PASSED.
F. III
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F
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Minutes - July 2, 1991
The next item on the Agenda was a proposed Ordinance, entitled:
'AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A
REVISED PCD DISTRICT TITLED SOUTH BLUFF COMPANY (Z- 5239 -B) 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. (Old VA
Hospital at 300 East Roosevelt Road.) Since the applicant was not
present to respond to concerns of the Board of Directors, no action
was taken and the proposed Ordinance was TABLED.
The next presentation was Ordinance No. 16,063,- described as:
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.
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Dailey, seconded by Director Lewellen, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Dailey, seconded by Director Catlett, to
further suspend the rules and place the Ordinance on third and final
reading. The motion received unanimous adoption by the Board Members
present, being six 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. The Aye and No Vote taken on passage of the
Ordinance received the following response: Ayes - Directors Dailey
and Catlett, Mayor Priest, Directors Roy, Lewellen and Shackelford -
total 6; Noes - None; Absent - Director Hollingsworth - 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 - Directors Dailey and Catlett, Mayor Priest, Directors Roy,
Lewellen and Shackelford - total 6; Noes - None; Absent - Director
Hollingsworth - total 1. Whereupon, the Ordinance, together with the
Emergency Section, was declared PASSED.
The last presentation was Ordinance No. 16,064, which appeared in
the Consent Agenda as a Resolution listed as Item (g) , but was
changed to an Ordinance and considered separately, with the title
being:
AN ORDINANCE APPROPRIATING $65,000 FROM THE CITY`S EXCESS
INTEREST EARNINGS ACCOUNT OF THE 1988 CAPITAL IMPROVEMENT BOND FUND;
AND AUTHORIZING THE CITY MANAGER TO EXTEND THE CONTRACT WITH JOYNER-
FORD & BURKE FOR CONSTRUCTION OF THE MABELVALE RAILROAD CROSSING
PROJECT.
(Contract extension in the amount of $53,000.).
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Dailey, seconded by Director Lewellen, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Dailey, seconded by Director Catlett, to
further suspend the rules and place the Ordinance on third and final
reading. The motion received unanimous adoption by the Board Members
present, being six 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. The Aye and No Vote taken on passage of the
ordinance received the following response: Ayes - Directors Dailey
and Catlett, Mayor Priest, Directors Roy, Lewellen and Shackelford -
total 6; Noes - None; Absent - Director Hollingsworth - total 1.
Therefore, it was announced that the Ordinance had PASSED.
611
Minutes - July 2, 1991 4
There being no further business to be presented, the Board of
,
Directors recessed at 7:15 o'clock P.M. `to reconvene at 1:30 o'clock
P.M. on Wednesday, July 10, 1991, to consider Zoning Application 2-
5415 - Phelps Fan Manufacturing Company at 10701 I -30 and Mabelvale
Pike and to consider making appointments to various Boards and
Commissions.
ATTEST: - -/ APPR V�ED:����
CITY CLERK ROBBIE HANCOCK MAYOR SHARON PRIEST
i
I
I
I
(,1
Board of Directors Chamber
Little Rock, Arkansas
1
July 10, 1991 - 2:30 P.M.
The Board of Directors of the City of Little Rock, Arkansas,
reconvened from the July 2, 1991, regular Board Meeting with Mayor
Sharon Priest presiding. Robbie Hancock, City Clerk, called the roll
with the following Directors present: Directors Roy, Hollingsworth,,,.
Shackelford, Dailey and Catlett - total 5; Absent - Director Lewellen
total 1.
With a quorum present, Mayor Priest declared the Board of
Directors in session.
Mayor Priest announced that Zoning Case Z -5415 to rezone 10701 1-
30 and Mabelvale Pike would be deferred until Tuesday, July 16, 1991,
at the request of the applicant, Phelps Fan Manufacturing Company.
(NOTE: The proposed Ordinance had been deferred from the July 21 1991
Board of Directors Meeting to give the applicant time to consider the
option of reclassifying the property to "I -1" Industrial Park District
or reclassifying the property on I -30 to "I -2" Light Industrial and
leaving the portion on Mabelvale Pike zoned "R -2" Single - family
District.) Therefore, the proposed Ordinance was not presented.
'
Director Lewellen was enrolled at 2:32 o'clock P.M.
Mayor Priest requested that two Resolutions concerning
participation in the Arkansas Enterprise Zone Program be added to the
Agenda and considered at this time. Mr. Mike Dooley, Economic
Development Coordinator, explained the substitution of Block Group 3,
Census Tract 1 for Block Group 1, Census Tract 41.07 in the Enterprise
Zone Program.
Consideration was then give to Resolution No. 8,529, entitled:
A RESOLUTION STATING THE CITY OF LITTLE ROCK'S INTEREST IN
PARTICIPATION IN THE ARKANSAS ENTERPRISE ZONE PROGRAM AND DESIGNATION
OF A CERTAIN ENTERPRISE ZONE IN LITTLE ROCK; AND OTHER PROVISIONS
RELATED THERETO;
(Substituting Block Group 3, Census Tract 1 for Block Group 1, Census
Tract 41.07 in the Enterprise Zone Program.)
and there was a complete reading of the Resolution. A motion was made
by Director Shackelford, seconded by Director Hollingsworth, that the
Resolution be adopted. The Resolution was adopted unanimously by
voice vote of the Board Members present.
The next presentation was Resolution No. 81530, described as:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK
'
CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF MOUNTAIN PURE WATER COMPANY
TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM;
(Located at 6021 I -30.)
and the Resolution was read in full. There was a motion by Director
Dailey, seconded by Director Lewellen, that the Resolution be adopted.
The Resolution was adopted unanimously by the Board Members present.
At 2:40 o'clock P.M. Mayor Priest announced that the Board of
Directors would recess to Executive Session to consider appointments
to various Boards and Commissions.
When the Board of Directors reconvened at 3:50 o'clock P.M. from
Executive Session, Mayor Priest presided and the following Directors
were present: Directors Roy, Hollingsworth, Lewellen, Shackelford,
Dailey and Catlett - total 6; Absent - None.
I J
f;l4
Minutes - July 10, 1991
2
Resolutionf'No.778;531 wasithen with the caption being:
presented,
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE
ARKANSAS ARTS CENTER BOARD OF TRUSTEES, THE ARTS AND HUMANITIES
PROMOTION COMMISSION, HISTORIC DISTRICT COMMISSION, LITTLE ROCK
SANITARY SEWER COMMITTEE, MOTION PICTURE AND TELEVISION COMMISSION,
OAKLAND FRATERNAL CEMETERY BOARD OF COMMISSIONERS AND THE PRIVATE
INDUSTRY COUNCIL;
(Arts Center - Richard Bell, Jack Forrest, Johnelle Hunt, Harriet
Stephens, Hugh R. Wilbourn III, John Earl, Curtis Finch, Jr., C.
Douglas Buford, Jr. & Kenneth D. Hammonds appointed; Arts & Humanities
- Howard Hawes appointed and Sharon Priest reappointed (Board of
Directors representatives); Historic District - Jeanette Krohn
appointed; Sewer Committee - George Ivory, Jr. reappointed; Motion
Picture & TV - Drake Hawkins, Adele Berry, Brad Cazort, Carla Koen,
and Dorothy Maxwell appointed; Oakland Cemetery - Charles Shelton &
Lillian Vaughn appointed and Barbara Rogers reappointed; PIC -
Walter Sardin appointed to veterans position.)
with the Resolution being read in its entirety. A motion was made by
Director Dailey and seconded by Director Roy that the Resolution be
adopted. The Resolution was adopted unanimously by voice vote of the
Board Members present. _ <<
.. 1[it• 7 f 1 rl
There being no further business to be presented, the Board of
Directors adjourned at 3:58 o'clock P.M. to meet again in regular
'
session on Tuesday, July 16, 1991, at 6:00 o'clock P.M.
ATTEST: APPR VED:
//
City Clerk Robbie Hancock Mayor Sharon Priest
1
NOTE:- Prior to ythe. Board �ofWDirectors Meeting, the Mayor and City
Directors drew tickets for the first seven applications to be
processed for CDBG Housing Rehabilitation Assistance.
Board of Directors Chamber
Little Rock, Arkansas
July 16, 1991 - 6:20 P.M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Sharon Priest presiding. City Clerk
Robbie Hancock called the roll with the following Directors present:
Directors Roy, Hollingsworth, Shackelford, Dailey and Catlett - total
5; Absent - Director Lewellen - total 1.
With a quorum present, Mayor Priest declared the Board of
Directors in session.
o
The Invocation was given by Director Catlett.
The Consent Agenda was -presented,, consisting of the following
items:
(a) Approval of the Minutes of the previous meeting held July 2,
1991, and the reconvened meeting held July 10, 1991.
(b) Resolution No. 8,532, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO
VACATE AND CLOSE WEST SIXTH STREET BETWEEN VALENTINE & MAPLE STREETS
IN C. O. KIMBALL & BODEMANN'S ADDITION AND WEST SIXTH STREET BETWEEN
I` VALENTINE AND VALMAR STREETS IN MCINTOSH'S FIRST ADDITION TO THE CITY
OF LITTLE ROCK, ARKANSAS. (August 6, 1991.)
(c) Resolution No. 8,533, described as:
A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION TO
VACATE A PUBLIC UTILITY EASEMENT IN TRACT F OF RIVERDALE ADDITION TO
THE CITY OF LITTLE ROCK, ARKANSAS. (August 6, 1991.)
(d) Resolution No. 8,534, with the title being:
A RESOLUTION SETTING THE DATE FOR PUBLIC HEARING ON
AUGUST 6, 1991, TO CONSIDER AN ADJUSTMENT FOR SEWER RATES FOR OUTSIDE
CITY LIMITS. (NOTE: The proposed Ordinance to adjust sewer rates
outside City limits was introduced by inclusion in the Consent Agenda
of Resolution No. 8,534.)
(e) Resolution'NO. 8,535, entitled:
' A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE FUNDS
FROM THE 1988 CAPITAL IMPROVEMENT BOND FUND FOR THE WIDENING OF EAST
17TH STREET FROM CUMBERLAND TO BRAGG; AND AUTHORIZING THE CITY MANAGER
TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE WIDENING OF THE EAST 17TH
STREET PROJECT.
(f) Resolution was removed from Consent Agenda and considered
separately. (See Resolution No. 8,537.)
(g) Resolution No. 8,536, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR THE CONSTRUCTION OF AN ADDITION TO THE POLICE
TRAINING BUILDING LOCATED AT 10901 ARCH STREET PIKE.
By a motion from Director Shackelford, seconded by Director Dailey,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held July 2, 1991 and the reconvened meeting held
July 10, 1991, were approved as written and distributed to members of
the Board of Directors; (b, c, d, a and g) Resolutions No. 8,532,
8,533, 8,534, 8,535 and 8,536 were read in full and unanimously
adopted by the Board Members present. (NOTE: Item (f) was removed
from the Consent Agenda and considered separately. See Resolution No.
8,537 below.)
615
616
Minutes - July 16, 1991
Consideration was then given to Resolution No. 81537, with the ,
title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD CONTRACTS FOR THE PURCHASE OF REMANUFACTURED DIESEL ENGINES,
REPAIR OF WARNING SYSTEMS (LIGHTBARS AND SIRENS), GOLF COURSE MOWERS,
1 SEDAN AND 1 STATION WAGON, 1 TRACK DOZER, AND 6 TRACTORS FOR THE
DEPARTMENT OF GENERAL SERVICES /FLEET SERVICES DIVISION.
Mr. Larry E. Fields, a representative of Midco Arkansas Company, was
present to speak regarding the bids on the purchase of a track dozer
for the Parks and Recreation Department. Mr. Fields felt that the
City of Little Rock is not getting the best equipment for the price
and asked that the contract be awarded to Midco Arkansas or that the
dozer be re -bid. He also noted that he was not notified of the pre -
bid conference. He stated that the dozer bid submitted by Midco was
the low bid and would meet the City's needs, but was disqualified by
City Staff because the alternate bid did not meet specifications
regarding engine size, torque and track length. Upon question, he
stated that the lower pressure hydraulic system of the Midco dozer is
equal to the dozer bid by Newton Equipment Company. Mr. Nathaniel
Hill, Director of the Department of General Services, explained the
specification and bid process and stated that seven bidders met the
specifications. City Manager Tom Dalton stated that the Staff
recommendation stands. No action was taken on Mr. Fields request.
There being no further discussion, the Resolution was read in full. A
motion to adopt the Resolution was made by Director Dailey, seconded
by Director Hollingsworth, and adopted unanimously by the Board
Members present.
At the time allotted for Citizens Communication, Rev. Daniel
Bowman, 311 East 8th Street, addressed the Board of Directors
regarding the Diamond Center /Project 2000. He stated that Project �(
2000 will be a beautiful thing if it is done right and it should be '
done in a way that the people will be involved. - .
The next speaker was State Representative Phil Wyrick, 11001
Alexander Road, who spoke regarding medical waste incinerators and
asked the Board to pass a resolution to support the suspension of
permits for medical waste incinerators. Director Shackelford noted
that Citizens Communication was not the proper time to consider a
resolution. The Board Members agreed to add the proposed Resolution to
the end of the Agenda.
Consideration was then given to Zoning Case Z -5415 from Victor
R. Cobb, Treasurer of Phelps Fan Manufacturing Company, to rezone
4.13 acres at 10701 I -30 and Mabelvale Pike from "R -2" Single - family
District to "I -2" Light Industrial District, which was approved by the
Planning Commission on May 21, 1991. (NOTE:
The Zoning Application
was discussed at the July 2, 1991 Board of Directors Meeting but the
proposed Ordinance was deferred until the reconvened meeting held July
10, ,1991,. at which time it was again deferred until July 16, 1991. ,
See Minutes of July 2, 1991 and July 10, 1991 Board Meetings.) Mr.
Jim Lawson, Director of the Department of Neighborhoods and Planning,
made the staff presentation. He noted that at the July 2, 1991 Board
Meeting, he was directed to review the proposal of rezoning the
property to "I -1" Industrial Park District or leaving the area on
Mabelvale Pike as "R -2" Single - family and reclassifying the remainder
to "I -2" Light Industrial. He recommended rezoning the plant area and
half of the east /west portion to "I -2" Light Industrial and leaving
the other property as "R -2" Single- family District.- Upon._question by
Director Shackelford, Mr. Lawson stated that "I -1" is misleading
because it would not give the kind of control desired. "I -1" is
designed for new .development. in-..a .large area.. Mr. William P.
Dougherty, attorney for Phelps Fan Company, stated that Phelps Fan
Company agreed to the suggested compromise. Upon question by Board
Members, he advised that he did not have the legal description of the
property to be rezoned "I -2." Therefore, the proposed Ordinance was
deferred until August 6, 1991, when the correct property description
will be provided. Mr. Lawson stated that an amendment to the Otter
Creek Land Use Plan (showing "PID ") will be presented at the same
meeting.
1
Minutes - July 16, 1991
F)
The next presentation was Ordinance No. 16,065, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A REVISED PCD DISTRICT TITLED SOUTH BLUFF COMPANY (Z-
5239-B) 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- 5239 -B - 300 East Roosevelt Road - old V.A. Hospital)
Mr. Jim Lawson, Director of the Department of Neighborhoods_ and
Planning, made a staff presentation, explaining that the owner was
requesting a revision of the PCD to add hospital and nursing home to
the list of uses for the property.. Mr.. Charles R. Owen, applicant,
stated that he did not realize that hospital and nursing home use did
not remain with the property when the Planned Unit Development was
approved. He explained that his client had requested confidentiality
and he could not elaborate on the proposal for the property. Ms.
Nellie Leonard, 2307 Cumberland, and Mr. Jim Ray, 225 East 25th
Street, spoke in opposition to the proposal. Both expressed concerns
about the placing of an institution or mental hospital in the
neighborhood. Mr. Lawson advised that when Mr. Owen applies for a
building permit he will have a written description of the facility and
Staff will determine whether or not that meets the definition of a
hospital. If there is a problem, the matter will go back to the
Planning Commission and the Board of Directors. Director Shackelford
requested that the neighbors be notified at the time the owner makes
application for a building permit. Following the discussion, a motion
was made by Director Shackelford, seconded by Director Dailey, that
Section 2 of the proposed Ordinance be amended to add the phrase,
"provided that the hospital use exclude any psychiatric and mental
rehabilitation facilities as primary use.' The motion was adopted
unanimously by the Board Members present. The Ordinance was then read
the first time. There was a motion by Director Dailey, seconded by
Director Hollingsworth, to suspend the rules and place the Ordinance
on second reading. The motion was adopted by unanimous vote of the
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
• second reading of the Ordinance ensued. A motion was then made far
• further suspension of the rules to provide for the third and last
reading of the - Ordinance, with the motion being made by Director Roy,
seconded by Director Dailey, and 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. The Ordinance was
read the third and last time, and there was an Aye and No Vote taken
on the question, Shall the Ordinance Pass, with the results recorded
as follows: Ayes - Director Catlett, Mayor Priest, Directors Roy,
Hollingsworth, Shackelford and Dailey - total 6; Noes - None; Absent -
Director Lewellen - total 1. The Ordinance was then declared PASSED.
11111 Ordinance No. 16,066 was introduced, described as:
1 AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A REVISED PCD DISTRICT TITLED BANK AND BUSINESS FORMS,
INC. (Z- 4551 -D) 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- 4551 -A - 12123 Ranis Road, Lot 6, Rick and Steve Subdivision.)
and said Ordinance was read the first time, followed by a motion by
Director Roy, seconded by Director Dailey, that the rules be suspended
and the Ordinance be placed on second reading. The motion was adopted
by unanimous vote of the 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 a second reading of the Ordinance ensued. •A
motion was then made for a further suspension of the rules to provide
for the third and last reading of-the Ordinance, with the motion being
made by Director Dailey, seconded by Director Hollingsworth, and
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. The Ordinance was read the third and last time.
A roll call vote was then taken on passage of the Ordinance with the
response being: Ayes - Director Catlett, Mayor Priest, Directors Roy,
Hollingsworth, Shackelford and Dailey - total 6; Noes - None; Absent -
Director Lewellen - total 1. The Ordinance was then declared PASSED.
r
61'7
GIs
VIII Minutes - July 16, 1991
4
Consideration was then given to Ordinance No. 16,067, entitled:
AN ORDINANCE'AMENDING ARTICLE 6, SECTION 30 :279 -A OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER
OF STREET IMPROVEMENTS;
(Z -5444 - 16th and Geyer Streets, waiver of street improvements on
Geyer Street.)
and said Ordinance was read the first time, followed by a motion by
Director Roy, seconded by Director Dailey, that the rules be suspended
j and the Ordinance be placed on second reading. The motion was adopted
by unanimous vote of the 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 a second reading of the Ordinance ensued. A
motion was then made for a further suspension of the rules to provide
for the third and last reading of the Ordinance, with the motion being
made by Director Dailey, seconded by Director Hollingsworth, and
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. The Ordinance was read the third and last time.
A roll call vote was then taken on passage of the Ordinance with the
response being: Ayes - Director Catlett, Mayor Priest, Directors Roy,
Hollingsworth, Shackelford and Dailey - total 6; Noes - None; Absent -
Director Lewellen - total 1. The Ordinance was then declared PASSED.
The next presentation was Ordinance No. 16,068, described as:
AN ORDINANCE AMENDING ARTICLE 6, SECTION 30 -279 -A OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE'ROCK,.ARKANSAS PROVIDING FOR A WAIVER
OF STREET IMPROVEMENTS;
(Z -5445 - 2410 South Battery Street - waiver of street improvements on
Roosevelt Road.)
and said Ordinance was read the first time, followed by a motion by
Director Roy, seconded by Director Dailey, that the rules be suspended
and the Ordinance be placed on second reading. The motion was adopted
by unanimous vote of the 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 a second reading of the Ordinance ensued. A
motion was then made for a further suspension of the rules to provide
for the third and last reading of the Ordinance, with the motion being
made by Director Dailey, seconded by Director Hollingsworth, and
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. The Ordinance was read the third and last time.
A roll call vote was then taken on passage of the Ordinance with the
response being: Ayes - Director Catlett, Mayor Priest, Directors Roy,
Hollingsworth, Shackelford and Dailey - total 6; Noes - None; Absent -
Director Lewellen - total 1. The Ordinance was then declared PASSED.
Introduced next was Ordinance No. 16,069, with the title being:
AN ORDINANCE AMENDING CHAPTER 28 OF THE LITTLE ROCK CODE OF
ORDINANCES TO PROVIDE FOR CHARGES ASSESSED BY THE ARKANSAS DEPARTMENT
OF POLLUTION CONTROL AND ECOLOGY FOR DUMPING IN THE SANITARY LANDFILL;
and said Ordinance was read the first time, followed by a motion by
Director Roy, seconded by Director Dailey, that the rules be suspended
and the Ordinance be placed on second reading. The motion was adopted
by unanimous vote of the 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 a second reading of the Ordinance ensued. A
motion was then made for a further suspension of the rules to provide
for the third and last reading of the Ordinance, with the motion being
made by Director Dailey, seconded by Director Hollingsworth, and
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. The Ordinance was read the third and last time.
A roll call vote was then taken on passage of the Ordinance with the
response being: Ayes - Director Catlett, Mayor Priest, Directors Roy,
Hollingsworth, Shackelford and Dailey - total 6; Noes - None; Absent -
Director Lewellen - total 1. The Ordinance was then declared PASSED.
VIII A public hearing had been scheduled for this time and place by
I}i{ Resolution No. 8,521 and notice thereof duly published in the Arkansas
Democrat on June 26, 1991, on the issuance of Multifamily Housing
i
Minutes - July 16, 1991
5
Refunding Revenue Bonds by the City of Little Rock Residential Housing
and Public Facilities Board. Mayor Priest declared the public hearing
open. In response to the request by Director Roy for a recap of the
project, Attorney Ike Scott of the Wright, Lindsey and Jennings Law
Firm and counsel for the developer, gave a brief review of the project
and answered questions by Board Members. Mayor Priest declared the
public hearing closed and Ordinance No. 16,070 was presented,
entitled:
AN ORDINANCE APPROVING THE ISSUANCE BY THE CITY OF LITTLE ROCK,
ARKANSAS RESIDENTIAL HOUSING AND PUBLIC FACILITIES BOARD OF NOT TO
EXCEED $6,500,000 PRINCIPAL AMOUNT OF ITS MULTIFAMILY HOUSING
REFUNDING REVENUE BONDS (PLEASANT WOODS PROJECT), SERIES 1991;
and the Ordinance was read the first time. There was a motion by
Director Catlett, seconded by Director Shackelford, to suspend the
rules and place the Ordinance on second reading. 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 second reading of the Ordinance followed, with a
motion being made by Director Shackelford, seconded by Director
Catlett, to further suspend the rules and place the Ordinance on third
and final reading. With the motion having been 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, the
Ordinance was read the third and last time. The question, Shall the
Ordinance Pass, was submitted to an Aye and No Vote, which recieved
the following response: Ayes Mayor Priest, Directors Roy,
Hollingsworth, Shackelford and Dailey total 5; Noes None;
Abstentions - Director Catlett - total 1; Absent - Director Lewellen -
total 1. The Ordinance was then declared PASSED.
The last matter to be considered was Resolution No. 8,538, which
did not appear on the Agenda, but was added at the request of State
Representative Phil Wyrick (see Citizen Communications):
I
1
A RESOLUTION TO SUPPORT A STATEWIDE MORATORIUM ON THE ISSUANCE OF
PERMITS TO INCINERATOR UNITS, AND THE SUSPENSION OF EXISTING PERMITS
FOR FACILITIES NOT YET IN OPERATION, UNTIL THE DEPARTMENT OF POLLUTION
CONTROL AND ECOLOGY CAN MORE FULLY DETERMINE THE EFFECTS THAT THE
ACTIVITY FROM SUCH FACILITIES CAN HAVE ON THE LOCAL ENVIRONMENT AND
CITIZENRY;
and the Resolution was read in full. Upon motion by Director Roy and
second by Director Hollingsworth, the Resolution was adopted as
follows: Ayes - Mayor Priest, Directors Roy, Hollingsworth,
Shackelford and Dailey - total 5; Noes - None; Abstentions - Director
Catlett - total 1; Absent - Director Lewellen - total I.
There being no further business to be presented, the Board of
Directors adjourned at 9:00 o'clock P. M. to meet again in regular
session on Tuesday, August 6, 1991, at 6:00 o'clock P. M.
ATTEST:
A" &o CL
City Clerk Robbie Hancock
APPR ED:
,&-, 4,c-7
Mayor Sharon Priest
620
1
Board of Directors Chamber
'
Little Rock, Arkansas
August 6, 1991 - 6:15 P.M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Sharon Priest presiding. City Clerk
Robbie Hancock called the roll with the following Directors present:
Directors Hollingsworth, Shackelford, Lewellen, Dailey and Catlett -
total 5; Absent - Director Roy - total 1.
With a quorum present, Mayor Priest then declared the Board of
Directors in session.
The Invocation was given by Mayor Priest.
Vice Mayor Dailey expressed thanks and presented Certificates of
Appreciation to the following persons who had recently served as a
member of the Board or Commission listed:
Phil Carter - Arkansas Arts Center Board of Trustees.
Richard Bell - Arts & Humanities Promotion Commission.
John Jarrard - Historic District Commission.
Georgia Smith - Oakland Fraternal Cemetery Board of
Trustees.
Director Lewellen and Mayor Priest then presented an Honorary
Citizen Certificate and a Key to the City to Mr. Gijsbert Johan TE
L00, Mayor of the City of Leeuwarden, Province of Friesland in the
Netherlands.
The Consent Agenda was presented, consisting of the following
items:
(a) Approval of the Minutes of the previous Board of Directors
Meeting held July 16, 1991.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of June, 1991.
(c) Resolution No. 8,539, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A QUITCLAIM DEED CONVEYING THE CITY'S INTEREST IN PROPERTY DESCRIBED
AS LOT 11, SECTION A, VERNON PLACE ADDITION TO THE CITY OF LITTLE
ROCK, PULASKI COUNTY, ARKANSAS. (To Les Longstreth.)
(d) Resolution No. 8,540, described as:
A RESOLUTION RATIFYING THE NOMINATION AND APPOINTMENT OF
CHUCK MASON, M._D., TO THE LITTLE ROCK AMBULANCE AUTHORITY TO FILL THE
UNEXPIRED TERM OF GARY WAYNE VILLINES, M.D.; AND RATIFYING THE
REAPPOINTMENT OF MRS. BERNICE SANDERS.
'
(e) Resolution No. 8,541, with the title being:
A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO
VACATE AND CLOSE A PORTION OF VAN BUREN STREET BETWEEN HAWTHORNE ROAD
AND COUNTRY CLUB BOULEVARD, IN NEWTON'S ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS. (August 20, 1991)
(f) Resolution No. 8,542, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD CONTRACTS FOR PARKING LOT IMPROVEMENTS AT VARIOUS SITES FOR THE
PARKS AND RECREATION DEPARTMENT; REFLECTIVE SIGN SHEETING MATERIAL FOR
THE PUBLIC WORKS DEPARTMENT; AND AUTOMOBILE FILTERS FOR THE DEPARTMENT
OF GENERAL SERVICES /FLEET SERVICES DIVISION.
(g) Resolution No. 81543, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
CONTRACT WITH WORLD WIDE TRAVEL AGENCY FOR AIR AND OTHER BUSINESS
TRAVEL SERVICES FOR VARIOUS CITY DEPARTMENTS.
Minutes - August 6, 1991
2
By a motion from Director Dailey, seconded by Director Shackelford,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held July 16, 1991, were approved as written and
distributed to members of the Board of Directors; (b) The Comparative
Statement of Income Account of the Little Rock Municipal Water Works
for the month of June, 1991 was received and filed; (c, d, e, f, g and
h) Resolutions No. 8,539, 8,540, 8,541, 8,542, 8,543 and 8,544 were'"
read in full and adopted by unanimous vote of the Board Members
present; (i) Resolution No. 8,545 was read in full and adopted by
voice vote of 5 ayes, 0 noes, Director Hollingsworth abstained, 1
absent; (j and k) Resolutions No. 8,546 and 8,547 were read in full
and adopted by unanimous vote of the Board Members present; and (1)
Resolution No. 8,548 was read in full and adopted by voice vote of 5
ayes, 0 noes, Director Catlett abstained, 1 absent.
At the time allotted for Citizen Communications, Mr. Ted Holder,
(h) Resolution No. 8,544, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
'
CONTRACT FOR PURCHASE OF RADIO COMMUNICATIONS EQUIPMENT FOR THE
presented the Board of Directors with a petition demanding that the
City of Little Rock seize and cause certain properties in the 2300
DEPARTMENT OF GENERAL SERVICES /FLEET SERVICES DIVISION.
(i) Resolution No. 8,545, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE FUNDS
Arch Street to be vacated in accordance with the "Public Nuisance" and
FROM THE 1988 CAPITAL IMPROVEMENT FUND FOR THE CONSTRUCTION OF A
SENIOR CITIZEN CENTER AT UNIVERSITY PARK; AND AUTHORIZING THE CITY
MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PROJECT.
report and recommendation of the Citizens' Task Force on Environmental
(j) Resolution No. 8,546, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD CONTRACTS FOR SAVE -A -HOME RENOVATION AT 4316 WEST 18TH STREET
Attorney Tom Carpenter to review the drug abatement and nuisance
AND 1024 DENNISON STREET FOR THE DEPARTMENT OF NEIGHBORHOODS AND
PLANNING.
(k) Resolution No. 8,547, entitled:
Attorney Tom Carpenter advised the Board that the drug abatement
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REIMBURSE
LITTLE ROCK WATER WORKS $185,943 FOR THE RELOCATION OF A 39" WATER
LINE ON THE FOURCHE CREEK PROJECT, PHASE IV.
'
(1) Resolution No. 8,548, described as:
A RESOLUTION APPOINTING THE FIRM OF FRIDAY, ELDREDGE & CLARK
AS BOND COUNSEL FOR THE PROJECT 2000 CAPITAL IMPROVEMENT BOND ISSUE,
A public hearing had been scheduled for this time and place by
AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF ENGAGEMENT WITH
THE FRIDAY FIRM, AND FOR OTHER PURPOSES.
By a motion from Director Dailey, seconded by Director Shackelford,
which was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held July 16, 1991, were approved as written and
distributed to members of the Board of Directors; (b) The Comparative
Statement of Income Account of the Little Rock Municipal Water Works
for the month of June, 1991 was received and filed; (c, d, e, f, g and
h) Resolutions No. 8,539, 8,540, 8,541, 8,542, 8,543 and 8,544 were'"
read in full and adopted by unanimous vote of the Board Members
present; (i) Resolution No. 8,545 was read in full and adopted by
voice vote of 5 ayes, 0 noes, Director Hollingsworth abstained, 1
absent; (j and k) Resolutions No. 8,546 and 8,547 were read in full
and adopted by unanimous vote of the Board Members present; and (1)
Resolution No. 8,548 was read in full and adopted by voice vote of 5
ayes, 0 noes, Director Catlett abstained, 1 absent.
At the time allotted for Citizen Communications, Mr. Ted Holder,
2311 State Street, and Ms. Kathy G. Wells, 2121 South Gaines Street,
'
presented the Board of Directors with a petition demanding that the
City of Little Rock seize and cause certain properties in the 2300
block of Gaines Street, the 600 block of East 17th Street, and at 2224
Arch Street to be vacated in accordance with the "Public Nuisance" and
"Drug Abatement" Ordinances. Included with the petition was a 1987
report and recommendation of the Citizens' Task Force on Environmental
Codes. Mayor Priest directed City Manager Tom Dalton and City
Attorney Tom Carpenter to review the drug abatement and nuisance
ordinances and provide a report to Board Members and Mr. Holder. City
Attorney Tom Carpenter advised the Board that the drug abatement
program is now being handled by the Pulaski County Prosecuting
Attorney (former City Attorney Mark Stodola), who has a grant, an
investigator and a special attorney to handle these cases.
A public hearing had been scheduled for this time and place by
Resolution No. 8,532, and notice thereof duly published on July 24,
1991 and July 31, 1991, on the petition filed by St. Peter's Baptist
Church, et al, to vacate and close West Sixth Street from Valentine to
Maple Streets between Blocks 11 and 12 in C. O. Kimball & Bodemann's
Addition and West Sixth Street from Valentine to Valmar streets
between Blocks 1 and 2 in McIntosh's First Addition to the City of
Little Rock. The Planning Commission approved the street closings.
Attached to the Petition was a certified copy of the plat of Kimball &
Bodemann's Addition and McIntosh's First Addition on file in the
Pulaski County Circuit Clerk's Office, and a letter from Beach
Abstract & Guaranty Company certifying the names of the last owners of
record to the abutting property. Mayor Priest declared the public
l �tiz
Minutes - August 6, 1991 3
hearing open. A motion was made by Director Shackelford, seconded by
Director Hollingsworth, to amend the proposed Ordinance to close only
the portion of West 6th Street between Valentine and Valmar Streets
and that the portion between Valentine and Maple be deleted from the
proposed Ordinance. The motion was unanimously adopted by the Board
Members present. Mr. Jim Lawson, Director of the Department of
Neighborhoods and Planning, was directed to send a letter to St.
Peter's Baptist Church notifying the church that nothing can be built -
over the utility easement and that West Sixth Street between Maple and
Valentine must be improved. Mayor Priest declared the public hearing
closed and Ordinance No. 16,071 was presented, entitled:
AN ORDINANCE VACATING AND CLOSING WEST SIXTH STREET BETWEEN
VALENTINE & VALMAR STREETS IN MCINTOSH'S FIRST ADDITION TO THE CITY OF
LITTLE ROCK, ARKANSAS;
and said Ordinance was read the first time, followed by a motion from
Director Dailey to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Hollingsworth and
adopted by unanimous vote of the Board Members present, being six in
number and two- thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance followed. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and seconded by Directors Lewellen and
Shackelford, respectively, and unanimously adopted by the Board
Members present, being six 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, there was an Aye and No vote taken on the
question, Shall the Ordinance Pass, with the response being: Ayes -
Mayor Priest, Directors Hollingsworth, Lewellen, Shackelford, Dailey
and Catlett - total 6; Noes - None; Absent - Director Roy - total 1.
Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 16,072, described
as:
AN ORDINANCE AMENDING THE OTTER CREEK LAND USE PLAN ALONG I -30
WEST OF MABELVALE PIKE;
Mr. Jim Lawson, Director of the Department of Neighborhoods and
Planning, gave an overview of the Otter Creek Land Use Plan in
relation to the property at 10701 I -30 and Mabelvale Pike, owned by
Phelps Fan Manufacturing Company. Mr. Lawson pointed out that the
plan map indicates "PID" along Mabelvale Pike. The Ordinance was read
the first time. The rules were then suspended and the Ordinance
placed on second reading by motion from Director Shackelford, seconded
by Director Hollingsworth, which 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. Upon second
reading of the Ordinance, there was a subsequent motion made by
Director Lewellen that the rules be further suspended and the
Ordinance be placed on third and final reading. Director
Hollingsworth seconded the motion, which was adopted by unanimous vote
of the 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 ensued, followed by an Aye
and No Vote taken on passage of the Ordinance, with the results
recorded as follows: Ayes - Mayor Priest, Directors Hollingsworth,
Lewellen, Shackelford, Dailey and Catlett - total 6; Noes - None;
Absent - Director Roy - total 1. Whereupon, the Ordinance was
declared PASSED.
Consideration was then given to zoning Application 5 -5415 from
Victor R. Cobb, Treasurer of Phelps Fan Manufacturing Company, to
rezone 4.13 acres at 10701 I -30 and Mabelvale Pike from "R -2" Single -
family District to "I -2" Light Industrial District, which was approved
by the Planning Commission on May 21, 1991. (NOTE: The zoning
Application was discussed at the July 2, 1991 Board Meeting but the
proposed Ordinance was deferred until the reconvened meeting held July
10, 1991, at which time it was again deferred until July 16, 1991. A
compromise was reached on July 16, 1991, but the proposed Ordinance
was again deferred until August 6, 1991 in order to correct the
property description to rezone the plant area and half of the
east /west portion to "I -2" Light Industrial and leave the property on
Mabelvale Pike as "R -2" Single - family District.) Mr. Jim Lawson,
Director of the Department of Neighborhoods and Planning, advised the
Board of Directors, that the property description in the proposed
Ordinance had been corrected to delete the property on Mabelvale Pike,
Minutes - August 61 1991
4
'
which will remain "I -2" for future "PID" zoning. Mr. William P.
Dougherty, Attorney for Phelps Fan Manufacturing Company, stated that
his client supported the change. Mrs. Joyce Plant, 9400 Mabelvale
Pike, speaking for residents on Mabelvale Pike stated they had no
opposition to the proposed Ordinance as presented, and Ordinance No.
16,073 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;
(Z -5415 - To rezone a tract at 10701 I -30 and Mabelvale Pike from "R-
2" Single - family to "I -2" Light Industrial District.)
with the Ordinance being read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Shackelford, seconded by Director Hollingsworth, which 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. Upon second reading of the Ordinance, there was a
subsequent motion made by Director Lewellen that the rules be further
suspended and the Ordinance be placed on third and final reading.
Director Hollingsworth seconded the motion, which was adopted by
unanimous vote of the 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 ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Mayor Priest, Directors
Hollingsworth, Lewellen, Shackelford, Dailey and Catlett total 6;
Noes - None; Absent - Director Roy - total 1. Whereupon, the
Ordinance was declared PASSED.
Introduced next was Ordinance No. 16,074, entitled:
AN ORDINANCE AMENDING THE GEYER SPRINGS WEST LAND USE PLAN SOUTH
OF QUEENSBORO DRIVE TO THE CREEK, WEST OF GEYER SPRINGS ROAD;
with the Ordinance being read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Shackelford, seconded by Director Hollingsworth, which 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. Upon second reading of the Ordinance, there was a
subsequent motion made by Director Lewellen that the rules be further
suspended and the Ordinance be placed on third and final reading.
Director Hollingsworth seconded the motion, which was adopted by
unanimous vote of the 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 ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Mayor Priest, Directors
Hollingsworth, Lewellen, Shackelford, Dailey and Catlett - total 6;
Noes - None; Absent - Director Roy - total 1. Whereupon, the
Ordinance was declared PASSED.
Introduced next was Ordinance No. 16,075, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5443 - To rezone 9800 Geyer Springs Road from "R -2" Single - family
to "0-3" General Office District.)
with the Ordinance being read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Shackelford, seconded by Director Hollingsworth, which 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. Upon second reading of the Ordinance, there was a
subsequent motion made by Director Lewellen that the rules be further
suspended and the Ordinance be placed on third and final reading.
Director Hollingsworth seconded the motion, which was adopted by
unanimous vote of the 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 ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Mayor Priest, Directors
63 3
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Minutes - August 6, 1991
Hollingsworth, Lewellen, Shackelford, Dailey and Catlett - total 6;
Noes - None; Absent - Director Roy - total 1. Whereupon, the
Ordinance was declared PASSED.
The next presentation was Ordinance No. 16,076, with the title
being:
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 LOT 108 AND 108 -R LOWE'S REPLAT;
(S -924 - 210 Gorgeous View Trail off Cooper Orbit Road - waive
requirements for sidewalks, storm drainage, and curbs and gutters.)
with the Ordinance being read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Shackelford, seconded by Director Hollingsworth, which 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. Upon second reading of the Ordinance, there was a
subsequent motion made by Director Lewellen that the rules be further
suspended and the Ordinance be placed on third and final reading.
Director Hollingsworth seconded the motion, which was adopted by
unanimous vote of the 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 ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Mayor Priest, Directors
Hollingsworth, Lewellen, Shackelford, Dailey and Catlett - total 6;
Noes - None; Absent - Director Roy - total 1. Whereupon, the
Ordinance was declared PASSED.
Ordinance No. 16,077 was presented, entitled:
AN ORDINANCE APPROPRIATING ADDITIONAL FUNDS FOR THE FOURCHE CREEK
DRAINAGE PROJECT;
with the Ordinance being read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Shackelford, seconded by Director Hollingsworth, which 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. Upon second reading of the Ordinance, there was a
subsequent motion made by Director Lewellen that the rules be further
suspended and the Ordinance be placed on third and final reading.
Director Hollingsworth seconded the motion, which was adopted by
unanimous vote of the 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 ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Mayor Priest, Directors
Hollingsworth, Lewellen, Shackelford, Dailey and Catlett - total 6;
Noes - None; Absent - Director Roy - total 1. Whereupon, the
Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 16,078, described
as:
AN ORDINANCE APPROPRIATING $10,500 FROM THE ECONOMIC DEVELOPMENT
FUND TO PAY FOR FINANCIAL ADVISOR SERVICES RELATED TO PROJECT -2000
BOND FINANCING; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH PUBLIC FINANCIAL MANAGEMENT, INC., TO PROVIDE SAID
SERVICES;
with the Ordinance being read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Shackelford, seconded by Director Hollingsworth, which 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. Upon second reading of the Ordinance, there was a
subsequent motion made by Director Lewellen that the rules be further
suspended and the Ordinance be placed on third and final reading.
Director Hollingsworth seconded the motion, which was adopted by
unanimous vote of the 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 ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Mayor Priest, Directors
5
1
Minutes - August 6, 1991 6.
A public hearing had been scheduled by Resolution No. 8,533 and
notice thereof published on July 24, 1991 and August 31, 1991, on a
petition from Alltel Corporation and Alltel Arkansas, Inc, to vacate
and abandon a public utility easement on the north side of Tract F,
Riverdale Addition. Attached to the petition was a certified copy of
the plat of Riverdale Addition on file in the Pulaski County Circuit
Clerk's Office and a letter from Pulaski County Title Company listing
the last apparent owners of record to abutting property. Mayor Priest
then declared the public hearing open and with no one present who
wished to speak in opposition to the proposed abandonment, the public
hearing was declared closed and Ordinance No. 16,079 was presented,
with the title being:
II II AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN TRACT F OF
jl RIVERDALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
and after a first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by 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. There was a second reading of the
Ordinance, followed by a subsequent motion made and seconded by
Directors Lewellen and Dailey, respectively, to further suspend the
rules and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board Members present, being five
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. The question, Shall the Ordinance Pass, was submitted to an
Aye and No Vote, which received the following response: Ayes - Mayor
Priest, Directors Hollingsworth, Lewellen, Dailey and Catlett - total
5; Noes - None; Absent - Directors Roy and Shackelford - total 2.
Whereupon, the Ordinance was declared PASSED.
A public hearing had been scheduled for this time and place by
Resolution No. 8,534 and notice thereof published in the Arkansas
Democrat on July 20, 1991. (NOTE: The proposed Ordinance to adjust
sewer rates outside City limits was introduced by inclusion in the
Consent Agenda of Resolution No. 8,534 on July 16, 1991.) Mayor
Priest declared the public hearing open and with no one present who
wished to speak in opposition, the public hearing was closed and
Ordinance No. 16,080 was presented, entitled:
Hollingsworth, Lewellen, Shackelford, Dailey and Catlett - total 6;
the
Noes - None; Absent - Director Roy total 1. Whereupon,
Ordinance was declared PASSED.
The next presentation was a proposed Ordinance entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A REVISED PCD DISTRICT TITLED BALE CHEVROLET /HONDA /GEO 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- 4997 -D - SW corner of Chenal Parkway and Gamble Road.)
and the Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Dailey, seconded by Director Lewellen, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Dailey, seconded by Director Lewellen,
that the rules again be suspended and the Ordinance be placed on third
and final reading. City Attorney- Tom Carpenter pointed out to the
Board that the language in the last sentence of Section 2 of the
proposed Ordinance will be changed from 'should be' to 'is' and will
read "That the driveway must be channelized for right turns only and
it is understood that a future median opening will not be permitted at
'
this location."
(Director Shackelford was excused at 7:10 o'clock P.M.)
Director Dailey stated he was not in favor of the proposed Ordinance
at this time. Director Catlett announced that she would be abstaining
on the vote. Mayor Priest felt that further study was needed.
Therefore, no action was taken and the proposed Ordinance was left on
the calendar for third and final reading on August 20, 1991.
A public hearing had been scheduled by Resolution No. 8,533 and
notice thereof published on July 24, 1991 and August 31, 1991, on a
petition from Alltel Corporation and Alltel Arkansas, Inc, to vacate
and abandon a public utility easement on the north side of Tract F,
Riverdale Addition. Attached to the petition was a certified copy of
the plat of Riverdale Addition on file in the Pulaski County Circuit
Clerk's Office and a letter from Pulaski County Title Company listing
the last apparent owners of record to abutting property. Mayor Priest
then declared the public hearing open and with no one present who
wished to speak in opposition to the proposed abandonment, the public
hearing was declared closed and Ordinance No. 16,079 was presented,
with the title being:
II II AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN TRACT F OF
jl RIVERDALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
and after a first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by 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. There was a second reading of the
Ordinance, followed by a subsequent motion made and seconded by
Directors Lewellen and Dailey, respectively, to further suspend the
rules and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board Members present, being five
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. The question, Shall the Ordinance Pass, was submitted to an
Aye and No Vote, which received the following response: Ayes - Mayor
Priest, Directors Hollingsworth, Lewellen, Dailey and Catlett - total
5; Noes - None; Absent - Directors Roy and Shackelford - total 2.
Whereupon, the Ordinance was declared PASSED.
A public hearing had been scheduled for this time and place by
Resolution No. 8,534 and notice thereof published in the Arkansas
Democrat on July 20, 1991. (NOTE: The proposed Ordinance to adjust
sewer rates outside City limits was introduced by inclusion in the
Consent Agenda of Resolution No. 8,534 on July 16, 1991.) Mayor
Priest declared the public hearing open and with no one present who
wished to speak in opposition, the public hearing was closed and
Ordinance No. 16,080 was presented, entitled:
'OWN
Minutes - August 6, 1991 7
I
AN - ORDINANCE AMENDING SECTION 1(e)(2) OF ORDINANCE NO. 13,982
APPROVED FEBRUARY 17, 1981, AS AMENDED BY ORDINANCE NO. 16,018
`
APPROVED MARCH 5, 1991, ADJUSTING THE VOLUMETRIC CHARGE FOR OUTSIDE
CITY LIMITS FOR SERVICES RENDERED BY THE WASTEWATER UTILITY OF THE
CITY OF LITTLE ROCK, ARKANSAS; REPEALING ANY OTHER PROVISIONS SETTING
OUTSIDE VOLUMETRIC CHARGES AT A DIFFERENT RATE AND CONTINUING ALL
OTHER RATES AND PROVISIONS OF ORDINANCE NO. 13,982, AS AMENDED BY
ORDINANCE NO. 16,018; DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES.
and after a first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by 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. There was a second reading of the
Ordinance, followed by a subsequent motion made and Seconded by
Directors Lewellen and Dailey, respectively, to further suspend the
rules and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board Members present, being five
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. The question, Shall the Ordinance Pass, was submitted to an
Aye and No Vote, which received the following response: Ayes - Mayor
Priest, Directors Hollingsworth, Lewellen, Dailey and Catlett - total
5; Noes - None; Absent - Directors Roy and Shackelford - total 2.
The Emergency Clause contained in Section 4 of the foregoing
'
Ordinance was then read and adopted by the following roll call vote:
Ayes - Mayor Priest, Directors Hollingsworth, Lewellen, Dailey and
Catlett - total 5; Noes - None; Absent - Directors Roy and Shackelford
- total 2. It was then announced that the Ordinance, together with
the Emergency Section, had PASSED.
The next presentation was Resolution No. 8,549, entitled:
A RESOLUTION STATING THE INTENT OF THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS, TO REIMBURSE THE ECONOMIC DEVELOPMENT
FUND THE SUM OF $10,500 FROM THE PROCEEDS OF THE ISSUANCE OF BONDS
APPROVED AT AN ELECTION; AND FOR OTHER PURPOSES;
and there was a complete reading of the Resolution. A motion followed
by Director Hollingsworth, seconded by Director Dailey, that the
Resolution be adopted. The Resolution was adopted by unanimous voice
vote of the Board members present.
Consideration was then given to Resolution No. 8,558, described
as:
A RESOLUTION ACCEPTING A RESOLUTION FROM THE LITTLE ROCK HISTORIC
DISTRICT COMMISSION ENDORSING THE PRESERVATION OF HISTORIC STRUCTURES,
ESTABLISHING A MORATORIUM ON THE CITY'S DEMOLITION OF HISTORIC
STRUCTURES, AND FOR OTHER PURPOSES;
with the Resolution being read in its entirety. A motion was made by
'
Director Dailey, seconded by Director Hollingsworth, that the
Resolution be adopted. The Resolution was adopted by unanimous voice
vote of the Board Members present.
The last matter to be considered was Resolution No. 81551, with
the title being:
A RESOLUTION ACCEPTING A RESOLUTION FROM THE LITTLE ROCK HISTORIC
DISTRICT COMMISSION SEEKING PROTECTION OF THE MACARTHUR PARK HISTORIC
DISTRICT FROM INCREASED TRAFFIC FLOWS.
Mr. Thomas Johnson, Chairman of the Little Rock Historic District
i
Commission, spoke on behalf of the MacArthur Park Historic District,
stating the concern of the Historic District regarding traffic and
parking problems which might develop in the event a proposed
multipurpose events center is located in the proximity of the
MacArthur Park Historic District. He asked that the proposed
Resolution be corrected to add Section 4: "The City states its intent
to study and take appropriate action to protect the Historic District
from inappropriate commercial development.' The Board Members
generally agreed to the correction. The Resolution, as corrected, was
read in its entirety. There was a motion by Director Dailey, seconded
Minutes - August 6, 1991
by Director Hollingsworth, that the Resolution be adopted. The
Resolution was adopted by unanimous voice vote of the Board Members
present.
There being no further business to be presented, the Board of
Directors adjourned at 7:15 o'clock P.M. to meet again in regular
session on Tuesday, August 20, 1991, at 6:00 o'clock P.M.
ATTEST:
Qa "AA.t� t�ll -sLCG G1�i
City Clerk Robbie Hancock
APPROVED:
Mayor Sharon Priest
0
Board of Directors Chambers
Little Rock, Arkansas
August 20, 1991 - 6:10 P.M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Sharon Priest presiding. City Clerk
Robbie Hancock called the roll with the following Directors present:
Directors Roy, Hollingsworth, Lewellen, Dailey and Catlett - total 6;
Absent - Director Shackelford - total 1. '
With a quorum present, Mayor Priest then declared the Board of
Directors in session.
The Invocation was given by Director Roy.
Mr. Bob Lanford, Project Chairman of the Arkansas Security
Dealers Association, and Mr. Dabbs Sullivan made a presentation and
pledged $25,000 to the Fight Back Programs' Insure the Children.
Mr. Earl Paul, Deputy City Manager, commended Little Rock Fire
Captain Paul Gunther for his heroic assistance in the rescue of Winona
Robbins at the Buffalo National Park on May 4, 1991, while on an
outing with Boy Scout Troop 198 of Mabelvale. Captain Gunther was
presented a Certificate of Appreciation by Mayor Priest.
The Consent Agenda was presented, consisting of the following
items:
(a) Approval of the Minutes of the previous Board of Directors
Meeting held August 6, 1991.
(b) The 1990 Annual Report of Little Rock Municipal Water Works.
(c) Resolution No. 8,552, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AN ASSIGNMENT OF THE CITY'S RIGHT TO REACQUIRE RIGHT -OF -WAY. (I -630 &
Booker Street).
(d) Resolution No. 8,553, described as:
A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO
VACATE AND CLOSE OLD MARKHAM STREET FROM GAMBLE ROAD 319.48 FEET WEST
IN HILLVALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (September
3, 1991)
(e) Resolution No. 8,554, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH KPMG PEAT MARWICK TO PROVIDE CERTIFIED PUBLIC
ACCOUNTING SERVICES TO THE CITY OF LITTLE ROCK FOR 1991 AND 1992.
(f) Resolution No. 8,555, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR ALLSOPP PARK KAVANAUGH PROMENADE CONSTRUCTION FOR
THE PARKS AND RECREATION DEPARTMENT.
(g) Resolution No. 8,556, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR A LASER OPTICAL DISK SYSTEM FOR THE LITTLE ROCK
POLICE DEPARTMENT.
(h) Resolution No 8,557, entitled:
A RESOLUTION AUTHORIZING THE CITY OF LITTLE ROCK TO
PARTICIPATE IN THE STATE OF ARKANSAS PURCHASING CONTRACTS.
(i) Resolution No. 8,558, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
ADDITIONAL FUNDS FROM THE 1988 CAPITAL IMPROVEMENT BOND SALE PROCEEDS
INTO VARIOUS STREET IMPROVEMENT ACCOUNTS FOR THE DEPARTMENT OF PUBLIC
WORKS.
11
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1
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Minutes - August 20, 1991
(j) Resolution No. 8,559, described as:
A RESOLUTION FIXING A DATE AND TIME FOR A PUBLIC HEARING.
(September 3, 1991 - re: Baptist Hospital Revenue Refunding Bonds).
(k) Resolution No. 8,560, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR PRINTING THE 1992 CITY CALENDAR.
By a motion from Director Lewellen, seconded by Director
Hollingsworth, which was adopted by unanimous vote of the Board
Members present, the Consent Agenda was dispensed with as follows: (a)
The Minutes of the previous meeting held August 6, 1991, were approved
as written and distributed to members of the Board of Directors; (b)
the 1990 Annual Report of the Little Rock Municipal Water Works was
received and filed; (c, d, e, f, g, h, i, j, and k) Resolutions No.
8,552, 8,553, 8,554, 8,555, 8,556, 8,557, 8,558, 8,559 and 8,560 were
read in full and adopted by unanimous voice vote of the Board Members
present.
No one was present to address the Board of Directors at the time
allotted for Citizen Communications.
Introduced next was Ordinance No. 16,081, described as:
AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES
ESTABLISHING A PLANNED OFFICE DISTRICT (P.O.D.) AND DECLARING AN
EMERGENCY;
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Dailey and seconded by Director Roy, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Lewellen that the rules again be
suspended and the Ordinance be placed on third and final reading.
Director Dailey seconded the motion which was adopted by unanimous
vote of the 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. Mr. Jim Lawson, Director of the Department of
Neighborhoods and Planning, gave an overview of the proposed
amendments to the Zoning Code to provide for the creation of a
Planned Office District. A motion was made by Director Hollingsworth,
seconded by Director Dailey, to amend Subsection (a)(2)(c) to read:
"Limited commercial /retail use may be allowed if deemed appropriate
and is consistent with and complimentary to office development.' The
motion was adopted by unanimous voice vote of the Board Members
present. At the suggestion of City Attorney Tom Carpenter, the
Emergency Clause was added to the Ordinance as Section 2, by motion of
Director Hollingsworth, seconded by Director Roy, which was
unanimously adopted by voice vote of the Board Members present. 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
�N ✓d
630
Minutes - August 20, 1991 3
results recorded as follows: Ayes - Directors Roy, Hollingsworth, '
Lewellen, Dailey, Catlett, Mayor Priest - total 6; Noes - None; Absent
- Director Shackelford - total 1.
The Emergency Clause contained in Section 2 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Roy, Hollingsworth, Lewellen, Dailey, Catlett, Mayor
Priest - total 6; Noes - None; Absent - Director Shackelford - total
1. Therefore, the Ordinance, together with the Emergency Section, was
declared PASSED.
- ,;Ordinance No. 16,082 was presented, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A POD DISTRICT TITLED CAMBRIDGE PLACE ADDITION
(Z- 2390-B) 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- 2390 -B - Located at the SW corner of Pleasant Valley Drive and
Cambridge Drive, described as part of Lot 1D, Condominium Developers
Addition to the City of Little Rock.)
Mr. Jim Lawson, Director of the Department of Neighborhoods and
Planning, explained the proposed Planned Office District, which is the
first Zoning Case under the new P.O.D provisions. (See Ordinance No. ,
16,081 above.) He noted the changes agreed to by Staff, developer
John McKay, Pleasant Valley property owners and Cambridge property
owners, which are stated in the memo attached to the Ordinance. Upon
question by Director Dailey, Mr. Lawson stated that the architectural
drawings could be required as part of the final development plan. Ms.
Jane Littlejohn, 136 Cambridge Place, stated that the Board of
Directors of the Cambridge property owners was in agreement with the
plan. Mr. Bob Gladden, 343 Cambridge, President of the Cambridge
Place Property Owners Association, spoke in support of the plan. .Mr.
John McKay, 3515 Hill Road, explained the proposal and committed to
the architectural review. The Ordinance was read the first time,
followed by a motion by Director Lewellen, seconded by Director
Dailey, whereby the rules were suspended to allow for the second
reading of the Ordinance. 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.
The Ordinance was then read the second time. There was an ensuing
motion made by Director Dailey, seconded by Director Catlett, 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 the
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 last reading of the Ordinance. The passage..of....
the Ordinance was then submitted to an Aye.and No Vote.which. resulted,,.
as follows: Ayes - Directors Roy, Hollingsworth, Lewellen;. Dailey,
Catlett, Mayor Priest - total 6; Noes - None; Absent - Director
Shackelford - total 1. The Ordinance was then declared PASSED.
Consideration was then given to Ordinance No. 16,083, with the
title being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A REVISED PCD DISTRICT TITLED BALE CHEVROLET /HONDA /GEO
(Z- 4997 -D) 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- 4997 -D SW corner of Chenal Parkway & Gamble Road.)
and there was a third and final reading of the Ordinance with the
first and second readings having occurred on August 6, 1991. During a
brief discussion regarding the curb cut for an additional driveway on
Chenal Parkway to accommodate the Honda dealership and the future
median to be constructed by the City of Little Rock, Mr. Joe White
explained that the applicant had agreed to have only one median cut
which would be located 800 ft. west from Gamble Road. Following the
discussion, there was an Aye and No Vote taken on the question, Shall
the Ordinance Pass, with the results recorded as follows: Ayes -
Directors Roy, Hollingsworth, Lewellen, and Dailey - total 4; Noes -
Mayor Priest - total 1; Abstention - Director Catlett - total 1;
Absent - Director Shackelford - total 1. The Ordinance was then
declared PASSED.
Minutes - August 20, 1991
I�I(I( Ordinance 16,084 was introduced, with the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A SUBDIVISION WAIVER FOR
SOUTH BEND ACRES SUBDIVISION;
(5 -508 - waiver of street improvements and sidewalk at the NW corner
of Alexander Road and Walnut Street in Alexander).
and after a first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Lewellen and Dailey, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board members present, being six 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Directors Roy, Hollingsworth,
Lewellen, Dailey, Catlett and Mayor Priest - total 6; Noes - None;
Absent - Director Shackelford - total 1. The Ordinance was then
' III�I declared PASSED.
The next presentation was Ordinance 16,0850 described-as:
AN ORDINANCE AMENDING CHAPTER 17, ARTICLE II OF THE LITTLE ROCK
CITY CODE, 1988, PERTAINING TO LICENSE AND PRIVILEGE TAXES.
and after a first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Lewellen and Dailey, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board members present, being six 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Directors Roy, Hollingsworth,
Lewellen, Dailey, Catlett and Mayor Priest - total 6; Noes - None;
Absent - Director Shackelford - total 1. The Ordinance was then
declared PASSED.
11111 Ordinance No. 16,086 was presented, entitled:
AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH BLUE CROSS AND BLUE SHIELD OF ARKANSAS TO PROVIDE
INSURANCE COVERAGE TO QUALIFIED LITTLE ROCK STUDENTS FOR DRUG AND
ALCOHOL ABUSE TREATMENT; WAIVING COMPETITIVE BIDDING; AND FOR OTHER
PURPOSES;
and after a first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Lewellen and Dailey, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board members present, being six 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. The question,
Shall the Ordinance Pass, was submitted to an Aye and No Vote, which
received the following response: Ayes - Directors Roy, Hollingsworth,
Lewellen, Dailey, Catlett and Mayor Priest - total 6; Noes - None;
Absent - Director Shackelford - total 1. The ordinance was then
declared PASSED.
L I
63 1L
i Gx-
,
Minutes - August 20, 1991
5
Consideration was then given to Ordinance No. 16,087, described
'
�
as:
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.
Prior to the reading of the Ordinance, Mrs. Barbara Davenport, 420 -A
West 7th Street, asked that she be given additional time to renovate
the building at 1418 Gaines Street and also that the property located
at 1003 Barber Street be removed from the proposed Ordinance because
it was part of foreclosure proceedings by Superior Federal. The Board
generally agreed to the removal of these properties; therefore, 1418,
Gaines Street and 1003 Barber Street were deleted from the list - -of.
condemned structures in the Ordinance. The.Ordinance was then. read:.. ,
the first time, and the rules were suspended to provide for.the.second
reading of the Ordinance, upon motion by Director Hollingsworth and
second by Director Dailey. 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.
There was a second reading of the Ordinance, followed by a subsequent
motion made and seconded by Directors Lewellen and Dailey,
respectively, to further suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board members present, being six 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. The question, Shall the Ordinance
Pass, was submitted to an Aye and No Vote, which received the
following response: Ayes - Directors Roy, Hollingsworth, Lewellen,
Dailey, Catlett and Mayor Priest - 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 - Directors Roy, Hollingsworth, Lewellen, Dailey, Catlett and
Mayor Priest - total 6; Noes - None; Absent - Director Shackelford -
total 1. Therefore, the Ordinance, together with the Emergency
Section, was then declared PASSED.
A Public Hearing had been scheduled for this time and place by ..
Resolution No. 8,541, and notice thereof published on August 13,..1991•
and August 20, 1991 on the request -by W. Christopher-Barrier for,Mary.
Stewart McGehee, Trustee, to vacate and close a portion of-Van-Buren
Street in Block 13 of Newton's Addition to the City of Little Rock.
Attached to the petition was a copy of the plat of Newton's Addition
and a letter from Beach Abstract & Guaranty Company listing the last
owners of record to abutting property. The public hearing was then
declared open and with no one present who wished to speak in
opposition to the proposed closing, the public hearing was closed and
Ordinance No. 16,088 was presented, entitled:
AN ORDINANCE VACATING AND CLOSING A PORTION OF VAN BUREN STREET
'
BETWEEN HAWTHORNE ROAD AND COUNTRY CLUB BOULEVARD IN NEWTON'S ADDITION
TO THE CITY OF LITTLE ROCK, ARKANSAS;
and after a first reading of the Ordinance, there was a motion by
Director Roy, seconded by Director Lewellen, to suspend the rules and
place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made by Director Lewellen and seconded
by Director Roy, to further suspend the rules and place the Ordinance
on third and final reading. The motion received unanimous adoption by
the Board Members present, being six 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. The question, Shall the Ordinance
Pass, was submitted to an Aye and No Vote, which received the
following response: Ayes - Directors Roy, Hollingsworth, .Lewellen, -r
Dailey, Catlett and Mayor Priest - total 6; Noes - None;. .Absent -
Director Shackelford - total 1. The Ordinance was then declared
PASSED.
Y
r
Minutes - August 20, 1991 6
The next presentation was a proposed Resolution, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A.CONTRACT TO ROUTH WRECKER SERVICES, INC. FOR WRECKER FRANCHISE
SERVICES.
Attorney Justin Kidd, representing Trek Wrecker Service, spoke in
opposition to awarding the franchise to Routh Wrecker Service. He
distributed copies of a wrecker franchise bid evaluation he had
prepared for Board Members to review. included in the evaluation were
affidavits of former employees of Routh Wrecker Service claiming
charges were made for wreckers and dollys that were not needed or
used. Mr. Kidd urged Board Members to review records for the past 12
months rather than the four month period that had been used by Staff
in comparing prices. Mr. Kidd introduced Mr. Dick Schwartz, who had
been employed by Mr. Kidd to audit the records of Routh Wrecker
Service that were on file in the City of Little Rock Purchasing
Department. Mr. Schwartz explained his bid analysis of the 12 month
history of Routh Wrecker Service as reflected in the records on file
with the City of Little Rock, noting that Trek fees would be lower
annually by $2,245.00. Attorney Robert Newcomb, representing Routh
Wrecker Service, was present to answer questions from Board Members.
Following a lengthy discussion, the Resolution was read in full.
Director Catlett moved for the adoption of the Resolution. The motion
was seconded by Mayor Priest. A roll call vote was taken on the
adoption of the Resolution as follows: Ayes - Directors Hollingsworth
and Catlett, Mayor Priest - total 3; Noes - Directors Roy, Lewellen
and Dailey - total 3; Absent - Director Shackelford - total 1.
Therefore, the proposed Resolution FAILED TO BE ADOPTED.
At 9:15 o'clock P. M. Mayor Priest announced there would be a ten
minute recess.
When the Board reconvened at 9:25 o'clock P. M., Mayor Priest
presided and the following Directors were present: Directors Roy,
Hollingsworth, Lewellen, Dailey and Catlett - total 5; Absent -
Director Shackelford - total 1.
The next matter to come before the Board was Ordinance 16,089,
with the title being:
AN ORDINANCE TO AMEND ORDINANCE NO. 16,061, CALLING A SPECIAL
ELECTION IN THE CITY OF LITTLE ROCK, ARKANSAS, ON THE QUESTION OF
LEVYING A ONE -HALF OF ONE PERCENT (0.5%) SALES AND COMPENSATING USE
TAX FOR GENERAL OPERATIONS OF THE CITY; ESTABLISHING A DATE FOR THE
ELECTION; PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING
AN EMERGENCY.
City Attorney Tom Carpenter explained to Board Members that this
Ordinance clarifies statutory provisions for the levy of a one -half of
one percent sales and use tax and corrects some technical errors in
ordinance No. 16,061, which provides for levy of the half -penny for
general operations. Mayor Priest noted the language change on line 21
of the proposed Ordinance to remove the words "if desired" referring
to the construction of a new musuem. Mr. James Engstrom, Chairman of
the Arkansas Museum of Science & History Board of Trustees, asked that
the location of a new museum not be limited to the Multi- purpose
Events Center. In the discussion, Board Members agreed that the
phrase "the ability if desired to construct a new museum" on line 21
of the proposed Ordinance be changed to "the construction of a new
museum." After further discussion, the Ordinance was read the first
time. The rules were then suspended and the Ordinance placed on
second reading upon motion by Director Dailey and second by Director
Hollingsworth. 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. There was a second
reading of the Ordinance, followed by a subsequent motion made and
seconded by Directors Lewellen and Hollingsworth, respectively, to
further suspend the rules and place the Ordinance on third and final
reading. The motion received unanimous adoption by the Board Members
present, being six 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. The question, Shall the Ordinance Pass, was
submitted to an Aye and No Vote, which is recorded as follows:.Ayes -
Directors Roy, Hollingsworth, Lewellen, Dailey, Catlett and Mayor
Priest - total 6; Noes - None; Absent - Director Shackelford - total
1. The Ordinance was then declared PASSED.
633
634
Minutes - August 20, 1991
Consideration was given to Ordinance 16,090, entitled:
AN ORDINANCE PROVIDING FOR THE LEVY OF A ONE -HALF OF ONE PERCENT
(0.5$) SALES AND USE TAX WITHIN THE CITY OF LITTLE ROCK, ARKANSAS; AND
PRESCRIBING OTHER MATTERS PERTAINING THERETO.
City Attorney Tom Carpenter explained that this Ordinance also
clarifies statutory provisions and defines single transactions in
connection with the levy of the half -penny for general operations.
Mayor Priest noted that the same changes made to the previous
Ordinance would be made to this one in that the phrase "the ability
if desired to construct a new museum" on .line 15 of the proposed
Ordinance would be changed to "the construction of a new museum. ". The
Ordinance was then read the first time. The rules were suspended and
the Ordinance placed on second reading upon motion by Director Dailey
and second by Director Hollingsworth. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Lewellen and Hollingsworth, respectively, to further suspend the rules
and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board Members present, being six 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. The question, Shall the Ordinance Pass, was submitted to an
Aye and No Vote, which is recorded as follows: Ayes - Directors Roy,
Hollingsworth, Lewellen, Dailey, Catlett and Mayor Priest - total 6;
Noes - None; Absent - Director Shackelford - total 1. The Ordinance
was then declared PASSED.
The last matter to be considered was a proposed Ordinance in
conjunction with the sales tax Ordinances above, which was added to
the Agenda at the request of City Attorney Tom Carpenter, entitled
"AN ORDINANCE AMENDING ORDINANCE NO. 160060 OF THE CITY OF LITTLE ROCK
(RELATING TO AN ELECTION TO APPROVE THE ISSUANCE OF BONDS AND THE LEVY
OF A ONE -HALF OF ONE PERCENT LOCAL SALES AND USE TAX); AND DECLARING
AN EMERGENCY.
Mr. John Echols, Bond Counsel, asked that the definition of "single
transaction" for purposes of the capital improvement tax be included
in this Ordinance, the same as for the operating tax (Ordinance No.
16,090) just passed, and that language appear in the ballot as shown
in Section 2 of this Ordinance which amends Section 3 of Ordinance No.
16,060. This is a language change only - the dollar figures are still
the same. City Manager Tom Dalton recommend that the Ordinance be
amended to include $2,000,000 as funds to provide for acquisition of
property as it relates to land for the Diamond Center. A motion was
made by Director Roy, seconded by Director Catlett, that $2,000,000 be
added to Item No. 10 for land acquisition for the Multi- purpose
Events Center. The motion was unanimously adopted by the Board
Members present. Director Lewellen expressed concern with Item No. 4
and the housing situation. A lengthy discussion followed regarding
the use of bond money for housing rehabilitation under Amendment #62.
Mr. Michael Booker also had questions regarding funding for the
housing issue. Mayor Priest asked for a legal opinion on using public
money for renovation of private housing. After further discussion,
there was a motion and second by Directors Lewellen and Dailey,
respectively, to recess the meeting until Wednesday, August 28, 1991,
in order to get an opinion from the City Attorney on the legality of
using public funds for rennovation of private housing and to allow
additional time for negotiation of a contract with the University of
Arkansas for use of War Memorial Stadium. The motion was adopted
unanimously by the Board Members present. Therefore, the meeting_was
recessed at 10:30 o'clock P.M. to reconvene on Wednesday, August 28,.
1991, at 1 :30 o'clock P.M. to consider the proposed Ordinance.
ATTEST:
'
,4a,X_c0 4,
City Clerk Robbie Hancock
APPROVED:
Mayor Sharon Priest
�II
�J
11
' Board of Directors Chamber
Little Rock, Arkansas
2 :r; r,.r _or
August j8, 1991 - 2:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas
reconvened from the regular August 20, 1991 Board Meeting with Mayor
Priest presiding. Directors Roy, Lewellen, Shackelford, Dailey and
Catlett answered roll call by City Clerk Robbie Hancock. Director
Hollingsworth was absent.
Director Dailey moved that the awarding of the wrecker service
franchise be reconsidered. The motion was seconded by Director Roy
and unanimously adopted by the Board Members present. A subsequent
motion was made by Director Dailey and seconded by Director Roy that
the wrecker service franchise be considered at the September 17, 1991
Board of Directors Meeting. The motion was adopted unanimously by the
Board Members present. (NOTE: A proposed Resolution awarding the
wrecker service franchise to Routh Wrecker Service was considered at
the August 20, 1991 Board of Directors Meeting. The proposed
Resolution failed by a vote of three (3) ayes and three (3) noes, with
one absent. See Minutes of August 20, 1991.)
The Emergency Clause contained in Section 4 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Mayor Priest, Directors Roy, Lewellen, Shackelford, Dailey and
Catlett - total 6; Noes - None; Absent - Director Hollingsworth -
total 1. The Ordinance together with the Emergency Section was
declared PASSED.
At the request of Director Lewellen, consideration was then given
to Resolution No. 8,561, entitled:
A RESOLUTION ESTABLISHING A MINORITY AND WOMEN -OWNED BUSINESS
PARTICIPATION POLICY FOR THE CITY OF LITTLE ROCK;
Director Lewellen moved the adoption of the Resolution, and the motion
was seconded by Director Shackelford. Following a lengthy
discussion, a motion was made by Director Dailey, seconded by Director
Roy, to amend the Resolution by adding the words "disadvantaged"
before "minority and women -owned business enterprise" and to
635
Consideration was then given to Ordinance No. 16,091, entitled:
AN ORDINANCE AMENDING ORDINANCE NO. 16,060 OF THE CITY OF LITTLE
TO AN ELECTION TO APPROVE THE ISSUANCE OF BONDS AND THE
ROCK (RELATING
LEVY OF A ONE -HALF OF ONE PERCENT LOCAL SALES AND USE TAX); AND
DECLARING AN EMERGENCY;
I l' [ .9
City Manager Tom Dalton reminded the Board that during the discussion
held on September 20, 1991 a motion was adopted to add $2,000,000 to
Item 10 of the proposed Ordinance for acquisition of property for the
proposed Multipurpose Events Center. Now that the land is to be
donated by Stephens, Inc., as announced at a press conference on
August 22, 1991, the additional $2,000,000 for land acquisition will
not be required. City Attorney Tom Carpenter advised that the words
"if necessary" should be added to the phrase "The Multipurpose Events
Center Project consists of acquiring a site..." in Question No. 10. A
motion to remove the $2,000,000 from and add the words "if necessary"
to Question No. 10 of the proposed Ordinance was made by Director
Dailey, seconded by Director Lewellen, and unanimously adopted by the
Board Members present. The Ordinance was then read the first time.
The rules were suspended and the Ordinance place on second reading by
motion from Director Dailey, seconded by Director Roy, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Roy that the rules again be suspended
and the Ordinance be placed on third and final reading. Director
Dailey seconded the motion which was adopted by unanimous vote of the
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 ensued, followed by an Aye and
No Vote taken on passage of the Ordinance, with the results recorded
as follows: Ayes - Mayor Priest, Directors Roy, Lewellen,
Shackelford, Dailey and Catlett - total 6; Noes - None; Absent -
Director Hollingsworth - total 1.
The Emergency Clause contained in Section 4 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Mayor Priest, Directors Roy, Lewellen, Shackelford, Dailey and
Catlett - total 6; Noes - None; Absent - Director Hollingsworth -
total 1. The Ordinance together with the Emergency Section was
declared PASSED.
At the request of Director Lewellen, consideration was then given
to Resolution No. 8,561, entitled:
A RESOLUTION ESTABLISHING A MINORITY AND WOMEN -OWNED BUSINESS
PARTICIPATION POLICY FOR THE CITY OF LITTLE ROCK;
Director Lewellen moved the adoption of the Resolution, and the motion
was seconded by Director Shackelford. Following a lengthy
discussion, a motion was made by Director Dailey, seconded by Director
Roy, to amend the Resolution by adding the words "disadvantaged"
before "minority and women -owned business enterprise" and to
635
Minutes - August 28, 1991
substitute the words "targeted groups" for "MBE /WBE" throughout the
Resolution, (no changes to the title) and the motion was adopted
unanimously by the Board Members present. The vote was then taken on
the motion to adopt the Resolution, and the Resolution, as amended,
was adopted unanimously by voice vote of ,the Board Members present.
Resolution No. 8,562 was also considered at the request of
Director Lewellen, with the title being:
A RESOLUTION AUTHORIZING THE FORMATION AND FUNDING OF A HUMAN AND
COMMUNITY DEVELOPMENT OFFICE WITHIN THE CITY OF LITTLE ROCK, ARKANSAS;
and there was a motion by Director Lewellen, seconded by Director
Shackelford, that the Resolution be adopted. There was a lengthy
discussion in which Directors Shackelford and Lewellen spoke in
support of the Resolution; Director Dailey questioned the need for the
position of Assistant City Manager rather than a Department Head
position; and Director Roy questioned the funding of the $5,000,000
referenced in Section 4 of the Ordinance and how the Assistant City
Manager would work with other departments. City Manager Tom Dalton
stated that the Assistant City Manager would have oversight of some
departments, review all City actitivies as they relate to human
service delivery, and would serve as liaison to community based
organizations, LISC, New Futures, Fighting Back and other agencies for
the promotion of human resource programming:` 'He advisedr'tha£ the
logical source of the funding would be the $2,000,000 of Capital
Improvements that have been designed in the operational half -penny
sales tax and the other would come from the annual capital
expenditures. A spokesperson for Mr, Larry Rogers asked if the
$5,000,000 is for programs or administration and was advised that it
is for programs. Following the discussion, the Resolution was adopted
by the following vote: Ayes - Mayor Priest, Directors Royr Lewellen,
Shackelford and Catlett - total 5; Noes - Director Dailey - total 1;
Absent - Director Hollingsworth - total 1.
There being no further business
Directors adjourned at 3:30 o'clock
session on Tuesday, September 3, 1991,
ATTEST:
City Clerk Robbie Hancock
to be presented, the Board of
P. M. to meet again in regular
at 6:00 o'clock P. M.
APPROj/EEICJ:,
Mayor Sharon Priest
K,
P
Board of Directors Chamber
Little Rock, Arkansas
Mr. Bill Bunten, Director of Parks and Recreation, introduced Mr.
Bradley J. Isroff of Radio Station Cool 95, who presented a check to
the City of Little Rock in the amount of $2,414.61. This was the
money raised during the volleyball tournament held at Murray Park July
20 -21, which was a promotional event sponsored by Station Cool -95 to
raise money for Murray Park. Director Lewellen presented a
Certificate of Appreciation to Mr. Isroff and Radio Station Cool -95.
(Mayor Sharon Priest was enrolled at 6:15 p.m.)
At the time allotted for Citizen Communications, Ms. Nancy Clark,
27 North Sherrill Road, representing the League of Women.-Voters of
Pulaski County, addressed the Board with regard to the recycling and
methods of handling marketable recyclable materials. She was
particularly concerned about curb side pickups. Ms. Clark stated
637
September 3, 1991 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Vice Mayor Jim Dailey presiding. City Clerk
Robbie Hancock called the roll with the following Directors present:
Directors Roy, Hollingsworth, Lewellen, Shackelford and Catlett -
total 5; Absent - Mayor Priest - total 1.
With a quorum present, Vice Mayor Dailey declared the Board of
Directors in session.
The Invocation was given by Director Hollingsworth.
The Consent Agenda was then presented, consisting of the
following items:
(a) The approval of the Minutes of the previous Board of
Directors Meeting held August 20, 1991 and the reconvened meeting held
August 28, 1991.
(b) Resolution No. 8,563, entitled:
'
A RESOLUTION ACCEPTING THE RESIGNATION OF COMMISSIONERS IN
147 AND APPOINTING ERVIN L. FREEMAN AND
SEWER IMPROVEMENT DISTRICT NO.
ISAAC GREEN AS COMMISSIONERS OF SEWER IMPROVEMENT DISTRICT NO. 147.
(c) Resolution No. 8,564, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH VARIOUS ENGINEERING FIRMS FOR ENGINEERING SERVICES FOR
FIVE 1988 CAPITAL IMPROVEMENT BOND PROJECTS.
(d) Resolution was removed from Consent Agenda and considered
separately. (See proposed Resolution below following Citizen
Communications.)
(e) Resolution No. 8,565, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD ANNUAL CONTRACTS FOR SPECIALIZED REPAIR SERVICES AND REPAIR
PARTS FOR THE DEPARTMENT OF GENERAL SERVICES /FLEET SERVICES DIVISION
AND FOR OFFICE SUPPLIES FOR ALL CITY DEPARTMENTS.
(f) Resolution No. 81566, entitled:
A RESOLUTION INVITING THE NATIONAL INSTITUTE OF MUNICIPAL
LAW OFFICERS TO LITTLE ROCK FOR ITS 1994 ANNUAL CONVENTION AND
AGREEING TO ASSIST WITH THE CONVENTION.
'
By motion from Director Lewellen, seconded by Director Roy, which was
the
unanimously adopted by voice vote of the Board Members present,
Consent Agenda was dispensed with as Follows: (a) Minutes of the
previous meeting held August 20, 1991 and the reconvened meeting held
August 28, 1991 were approved as written and distributed to Board
members. (b, c, e, and f). Resolutions No. 8,563, 8,564, 8,565 and
8,566 were read in full and adopted by unanimous voice vote of the
Board Members present. (NOTE: Item (d) was removed from Consent
Agenda and considered separately.)
Mr. Bill Bunten, Director of Parks and Recreation, introduced Mr.
Bradley J. Isroff of Radio Station Cool 95, who presented a check to
the City of Little Rock in the amount of $2,414.61. This was the
money raised during the volleyball tournament held at Murray Park July
20 -21, which was a promotional event sponsored by Station Cool -95 to
raise money for Murray Park. Director Lewellen presented a
Certificate of Appreciation to Mr. Isroff and Radio Station Cool -95.
(Mayor Sharon Priest was enrolled at 6:15 p.m.)
At the time allotted for Citizen Communications, Ms. Nancy Clark,
27 North Sherrill Road, representing the League of Women.-Voters of
Pulaski County, addressed the Board with regard to the recycling and
methods of handling marketable recyclable materials. She was
particularly concerned about curb side pickups. Ms. Clark stated
637
63�
Minutes - September 3, 1991
that the City should also consider purchasing a large step van for
lifting the materials. She supported source separation whereby each
individual is responsible for separating their own cans, bottles, etc.
Consideration was given to item (d) which was removed from the
Consent Agenda, a proposed Resolution entitled: A RESOLUTION
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CHANGE ORDER WITH
TOWNSHIP BUILDERS, INC. TO RECONSTRUCT CURBS AND GUTTERS AND SIDEWALKS
ON WEST 7TH STREET BETWEEN BATTERY AND WOODLANE, A 1988 CAPITAL
IMPROVEMENT BOND PROJECT.
Mr. James Haden, 505 Booker Street spoke in opposition to the
proposed Resolution, and asked the Board to keep the promise made in
1987 when $700,000 was allocated for the widening and improvement of
West 7th Street between Woodlane and Battery. Mr. Mike Batie,
Director of Public Works, explained the change order and the problems
encountered in obtaining right -of -way adjacent to the State Capital.
After a lengthy discussion, the Resolution was deferred until
September 17, 1991, in order for Staff to provide Board Members with
additional information. Therefore, the Resolution was not read.
A public hearing had been scheduled by Resolution No. 8,553 for
this time and place to consider the petition to vacate and close a
portion of Old Markham Street in Hillvale Addition. The notice was
published on August 27, 1991 and September 3, 1991. Attached to the
petition was a certified copy of the plat from the Pulaski County
Circuit Clerk's office and a letter from American Abstract and Title
Company listing the last apparent owners of record to the abutting
property. Mayor Priest declared the public hearing open. There was
no one present who wished to speak on the matter; therefore, Mayor
Priest declared the public hearing closed and Ordinance No. 16,092 was
presented, described as:
AN ORDINANCE VACATING AND CLOSING OLD MARKHAM STREET FROM GAMBLE
ROAD 319.48 FEET WEST IN HILLVALE ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS.
and after a first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Roy, to suspend the rules and
place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. There
was a subsequent motion by Director Dailey, seconded by Director Roy,
to suspend the rules and place the Ordinance on third and final
reading. The motion was unanimously adopted by members of the Board
of Directors present, being seven in number and two - thirds or more of
the members of the Board of Directors- elect, and there was a third and
last reading of the Ordinance, followed by an Aye and No Vote on the
passage of the Ordinance which resulted as follows: Ayes - Directors
Hollingsworth, Lewellen, Shackelford, Dailey, Catlett, Mayor Priest,
and Director Roy - total 7; Noes - None; Absent - None. The
Ordinance was then declared PASSED.
A public hearing had been scheduled by Resolution No. 8,559, for
this time and place to consider the issuance of Refunding Revenue
Bonds for a principal amount not greater than $31,000,000 for the City
of Little Rock Health Facilities Board (Baptist Medical Center) .
Notice of Hearing was duly published on August 20, 1991. Mayor Priest
declared the public hearing open. Mr. Jim Buttrey of the Friday Law
Firm answered questions by the Board members regarding interest
rates. Mayor Priest declared the public hearing closed and Ordinance
No. 16,093 was presented, with the title being:
AN ORDINANCE APPROVING THE ISSUANCE OF REFUNDING REVENUE BONDS BY
THE CITY OF LITTLE ROCK, ARKANSAS HEALTH FACILITIES BOARD (BAPTIST
MEDICAL CENTER); DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES.
and after a first reading of the Ordinance, there was' a - "motion = by
Director Dailey, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors- elect, and 'a second reading of the Ordinance
ensued. There was a subsequent motion by Director Dailey; seconded by
Director Lewellen, to suspend the rules and place the Ordinance on
third and final reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
2
L
Minutes - September 3, 1991
two - thirds or more of the members of the Board of Directors -elect and
there was a third and last reading of the Ordinance, followed by an
Aye and No Vote on the passage of the Ordinance which resulted as
follows: Ayes - Directors Hollingsworth, Lewellen, Shackelford,
Dailey, Mayor Priest, and Director Roy - total 6; Noes - None;
Abstentions - Director Catlett - total 1; Absent - None.
The Emergency Clause contained in Section 4 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Directors Hollingsworth, Lewellen, Shackelford Dailey,,,Mayor Priest,
and Director Roy - total 6 Noes - None; Abstentions - Director
Catlett - total 1; Absent - None. Whereupon, the Ordinance together
with the Emergency Section was declared PASSED.
The next presentation was Ordinance No. 16,094 described as:
AN ORDINANCE APPROPRIATING $113,900 FROM THE 1987 BOND ISSUE
EXCESS INTEREST EARNINGS ACCOUNT AND AWARDING A CONTRACT TO GWP
CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF FIRE STATION NO. 21 IN
CHENAL VALLEY.
and after a first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect, and a second reading of the Ordinance
ensued. There was a subsequent motion by Director Dailey, seconded by
Director Lewellen, to suspend the rules and place the Ordinance on
third and final reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors -elect and
there was a third and last reading of the Ordinance, followed by an
Aye and No Vote on the passage of the Ordinance which resulted as
follows: Ayes - Directors Hollingsworth, Lewellen, Shackelford,
Dailey, Catlett Mayor Priest, and Director Roy - total 7; Noes -
None; Absent - None.
The Emergency Clause contained in Section 4 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Directors Hollingsworth, Lewellen, Shackelford, Dailey, Catlett, Mayor
Priest, and Director Roy - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance together with the Emergency Section was
declared PASSED.
The next matter to be _considered was Ordinance No. 16,095,
entitled:
AN ORDINANCE DISPENSING WITH THE REQUIREMENT FOR COMPETITIVE
BIDDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH THE
LITTLE ROCK MUNICIPAL AIRPORT COMMISSION TO PROVIDE OFFICE SPACE AT
THE AIRPORT FOR THE USE OF THE AIRPORT INTERDICTION UNIT OF THE LITTLE
ROCK POLICE DEPARTMENT; AND DECLARING AN EMERGENCY.
and after a first reading of the Ordinance, there was a motion by
Director Dailey, seconded by Director Hollingsworth, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect, and a second reading of the Ordinance
ensued. There was a subsequent motion by Director Dailey, seconded by
Director Lewellen, to suspend the rules and place the Ordinance on
third and final reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors -elect and
there was a third and last reading of the Ordinance, followed by an
Aye and No Vote on the passage of the Ordinance which resulted as
follows: Ayes - Directors Hollingsworth, Lewellen, Shackelford,
Dailey, Catlett, Mayor Priest, and Director Roy - total 7; Noes -
None; Absent - None.
The Emergency Clause contained in Section 4 of the foregoing
Ordinance was then read and adopted by the following roll call Vote:
Directors Hollingsworth, Lewellen, Shackelford, Dailey, Catlett, Mayor
Priest, and Director Roy - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance together with the Emergency Section was
declared PASSED.
639
Minutes - September 3, 1991 4
Ordinance No. 16,096 was presented entitled:
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. Russell Kumpe, Jr., Route 1, Box 91, Jacksonville, spoke on
behalf of his mother, Ms. Rena Dorsey, owner of the condemned
structure located at 6014 Fourche Dam Pike. Mr. Kumpe requested
additional time to repair the structure which was damaged by fire.
He said he was also waiting for the insurance settlement. The Board
agreed to an administrative extension of sixty (60) days for the
property located at 6014 Fourche Dam Pike.
Mr. Kenneth Lea, owner of the condemned structure at 926 Crosby
Street, also asked the Board for additional time to repair his
property. The Board granted an administrative extension of sixty (60)
days for the property located at 926 Crosby Street.
The Ordinance was then read the first time. There was a motion by
Director Hollingsworth, seconded by Director Dailey, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors- elect, and a second reading of the Ordinance
ensued. There was a subsequent motion by Director Roy, seconded by
Director Lewellen, to suspend the rules and place the Ordi'nance16n
third and final reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors -elect and
there was a third and last reading of the Ordinance, followed by an
Aye and No Vote on the passage of the Ordinance which resulted as
follows: Ayes - Directors Hollingsworth, Lewellen, Shackelford,
Dailey, Mayor Priest, and Director Roy - total 7; Noes - None; Absent
- None.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Directors Hollingsworth, Lewellen, Shackelford Dailey, Catlett, Mayor
Priest, and Director Roy - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance together with the Emergency Section was
declared PASSED.
At 7:40 o'clock P.M. Mayor Priest announced that the Board of
Directors would recess to executive session in the Board's Conference
Room for the purpose of considering appointments and reappointments to
various Boards and Commissions.
When the Board of Directors reconvened at 8:20 o'clock P.M. from
executive session, Mayor Priest presided and the following Directors
were present: Directors Roy, Hollingsworth, Lewellen, Shackelford,
Dailey and Catlett - total 6; Absent - None.
Resolution No. 8,567 was then presented, with the title being:'
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE
ARKANSAS ARTS CENTER BOARD OF TRUSTEES, ARTS AND HUMANITIES PROMOTION
COMMISSION, BOARD OF ADJUSTMENT, HOUSING BOARD OF ADJUSTMENT AND
APPEALS, AND MOTION PICTURE AND TELEVISION COMMISSION;
(Arts Center - George Campbell appointed; Arts & Humanities - Carmen
McHaney appointed; Housing Board - Bob Bailey reappointed; Board of
Adjustment - Cynthia Gremillion reinstated; Motion Picture & T.V. -
Sherman Banks appointed.)
and there was a complete reading of the Resolution. A motion was made
by Director Shackelford, seconded by Director Roy, that the Resolution
be adopted. The Resolution was adopted by unanimous voice vote of the
Board Members present.
IIIII 641
Minutes - September 3, 1991 5
There being no further business to be presented, Mayor Priest
declared the meeting adjourned at 8:20 o'clock P.M., with the Board of
Directors to convene in regular session on Tuesday, September 17,
1991.
ATTEST: APPR VED:
Ql2 C� )v2x �o
City Clerk Robbie Hancock Mayor Sharon Priest
642
1
Board of Directors Chamber
'.
Little Rock, Arkansas
September 17, 1991 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Priest presiding. In the absence of
City Clerk Robbie Hancock, Assistant City Clerk Vanessa Sykes called
the roll with the following Directors in attendance: Directors Roy,
Hollingsworth, Lewellen, Dailey and Catlett - total 6; Absent -
Director Shackelford - total 1.
With a quorum present, Mayor Priest declared the Board of
Directors in session.
The Invocation was given by Director Lewellen.
t,
The Consent Agenda was then presented, consisting of the
following items:
(a) The approval of the Minutes of the previous Board of
Directors Meeting held September 3, 1991.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of July, 1991.
(c) Resolution No. 8,568, with the title being:
A RESOLUTION SETTING THE DATE FOR A HEARING ON A PETITION TO
VACATE A PUBLIC UTILITY EASEMENT IN BLOCK 2 OF EAST PALISADES ADDITION
TO THE CITY OF LITTLE ROCK, ARKANSAS (October 1, 1991).
(d) Resolution No. 8,569, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD CONTRACTS FOR THE PURCHASE OF A ROLLER, TRACTOR, AND WHEEL
LOADER FOR THE DEPARTMENT OF GENERAL SERVICES /FLEET SERVICES.
(e) Resolution No. 8,570, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
CONTRACT WITH ARTHUR J. GALLAGHER COMPANY TO PROVIDE BUILDING AND
CONTENTS INSURANCE COVERAGE, EFFECTIVE OCTOBER 11 1991.
(f) Resolution was removed from Consent Agenda and considered
separately. (See proposed Resolution below before Citizen
Communications).
(g) Resolution No. 8,571, described as:
A RESOLUTION AMENDING RESOLUTION 7,728 AND 7,752, TO PERMIT
THE ASSIGNMENT OF A FRANCHISE PREVIOUSLY GRANTED TO THE METROCENTRE
IMPROVEMENT DISTRICT TO USE THE AIR SPACE ABOVE PART OF THE RIGHT -OF-
WAY IN THE 100 BLOCK OF EAST SIXTH STREET, BETWEEN SCOTT AND MAIN
STREETS, FOR THE PURPOSE OF AN ENCLOSED SKYWALK; AND FOR OTHER
PURPOSES.
By motion from Director Roy, seconded by Director Dailey, which was
unanimously adopted by voice vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held September 3, 1991 were approved as written and
distributed to the Board Members; (b) The Comparative Statement of
Income Account of the Little Rock Municipal Water Works for the month
of July, 1991 was received and filed; and (c, d, a and g) Resolutions
No. 8,568, 8,569, 8,570 and 8,571 were read in full and adopted by
unanimous voice vote of the Board Members present. (NOTE: Item (f) was
removed from the Consent Agenda and considered separately.)
Mayor Priest recognized John Christopher Agnew, age seven, for
his achievements to inspire others to overcome the challenges of a
physical handicap. Agnew, who has spina - bifida, .inspired the design
and production of a wheelchair robot for children with the disease.
Agnew was presented with an official G.I. Joe Medal of Commendation, a
Certificate of Appreciation and a gift bag by Mayor Priest. John's
father, Jerry Agnew, accompanied him.
(Director Shackelford was enrolled at 6 :22 o'clock P.M.)
Minutes - September 17, 1991
' Consideration was then given to Item (f) which was removed from
the Consent Agenda, a proposed Resolution entitled: A RESOLUTION
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CHANGE ORDER WITH
TOWNSHIP BUILDERS, INC. TO RECONSTRUCT CURBS AND GUTTERS AND SIDEWALKS
ON WEST 7TH STREET BETWEEN BATTERY AND WOODLANE, A 1988 CAPITAL
IMPROVEMENT BOND PROJECT.
2
(See Minutes of September 3, 1991 Board of Directors Meeting. The
proposed Resolution was on the Agenda and discussion was held but the
Resolution was deferred until September 17, 1991.) Ms. Susan Leslie,
115 South Johnson Street, a member of the Capitol View Neighborhood
Association, spoke in opposition to removal of the oak trees along
West 7th Street. During a lengthy discussion among Board Members, a
motion was made by Director Shackelford, seconded by Director Dailey,
that Staff be instructed to design and construct West 7th Street as
designated in the 1987 Bond issue. The motion was unanimously adopted
by the Board Members present. Mr. James Haden, 505 Booker Street,
urged Board Members to direct City Staff to widen 7th Street all the
way to Woodrow Street rather than just from Woodlane to Battery.
Director Dailey asked for an updated traffic count for this section of
West 7th Street. Director Shackelford expressed concern for spending
money on something that will have to be torn up later and asked if the
project could be expedited. At the Board's request, City Manager Tom
Dalton explained the original plan as proposed in the 1988 Bond Issue
was for four lanes on West 7th Street south of the oak trees (adjacent
to the State Capitol Complex). During the engineering review, it was
determined that a fifth lane should be added for a turn lane because
of the anticipated traffic increase from the "Big Mac" building in the
State Capitol Complex. Then it became obvious that the City of Little
Rock did not have the required land south of the oak trees. The
engineers began to explore having a boulevard with the oak trees in
the middle; however, the State denied granting the additional right -
of -way, so the plans are now back to four lanes. After further
discussion, Mayor Priest announced that the Resolution would be
tabled. Therefore, the proposed Resolution was not read.
The Staff Report on the Children's Zoo which appeared on the
Agenda was not presented.
At the time allotted for Citizen Communications, several citizens
addressed the Board of Directors regarding crime and the recent
tragedy involving a 15 year old boy that was shot and killed at 23rd
and Gaines Street, as follows:
Ms. Matilda Buchanan, 2212 Gaines Street, referred to the
shooting at 23rd and Gaines on September 12, 1991 and asked for better
City services.
Mr. Johnny Hassan, 1717 Wright Avenue, referred to the shooting
and asked the Board to reconsider the bail bonding system for
dangerous people; he also addressed other issues such as police guards
in public schools, crime, and requiring police officers to live in the
areas they service.
Ms. Susan Boon, 2222 South Gaines Street, President of the
Downtown Neighborhood Association, addressed such issues as crime,
street lights, and the recent shooting.
Ms. Kathy Wells, 2121 Gaines Street, Vice President for
Security of the Coalition of Little Rock Neighborhoods, also addressed
the issue of crime in the area of 23rd and Gaines Streets.
State Representative Bill Walker, a member of DIGNITY, referred
to the killing at 23rd and Gaines and questioned why the killer is out
on bail.
Representative Erma Brown supported the comments made by
Representative Walker.
Mr. Bernard Murray, 2222 Louisiana Street, a member of DIGNITY,
asked for an investigation of the shooting at 23rd and Gaines.
Mr. Jamal Safer - Ullah, 1306 Wright Avenue, President of DIGNITY,
spoke regarding crime and the zoning code for street vendors.
Mr. Mike Reel, 2106 S. Gaines Street, referred to crime and
police priorities.
643
644
Minutes - September 17, 1991
Ms. Rose Collins, 2201 S. Gaines Street, supported what has been
said regarding crime.
Ms. Jerilyn Nicholson, 2123 Broadway, spoke on the attitude of
police officers regarding the downtown area.
City Manager Tom Dalton and Police Chief Louie Caudell advised
the Board of Directors that space has been rented at 23rd and Arch
Streets to house City services that can be concentrated in 'the area,
specifically Police foot patrol and Code Enforcement officers. The
facility will be staffed throughout the day and will be available for
meetings by members of the Downtown Neighborhood Association and
DIGNITY during the day and evenings. Chief Caudell also advised Board
Members that the jailer who released the prisoner with hold orders
(referring to the man who shot and killed the 15 year old boy at 23rd
and Gaines) had been placed on administrative leave until the
investigation is complete. The Board Members had a lengthy discussion
regarding police protection and foot patrol and also expressed support
for doing something about the 26 areas that need more police
protection.
At 8:22 o'clock P.M., Mayor Priest announced there would be a
five minute recess.
When the Board of Directors reconvened at 8:31 o'clock P.M. Mayor
Preist presided with the following Directors present: Directors Roy,
Hollingsworth, Lewellen, Shackelford, Dailey and Catlett - total 7;
Absent - None.
The next presentation was Zoning Application Z- 3572 -A filed by
Joe D. White, agent for Singletree Corporation, to rezone 0.99 acres
on Alexander Road at the City limits (long legal description) from "C-
3" General Commercial District to "R -2" Single - family District. The
Planning Commission approved the zoning change on August 13, 1991. No
one opposed the reclassification and Ordinance No. 16,097 was
presented, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES.
(Z- 3572 -A - To rezone property on Alexander Road from 'C -3' General
Commercial to 'R -2' Single Family.)
and after a first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Dailey, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two- thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. There
was a subsequent motion by Director Dailey, seconded by Director
Lewellen, to suspend the rules and place the Ordinance on third and
final reading. The motion was unanimously adopted by members of the
Board of Directors present, being seven in number and two - thirds or
more of the members of the Board of Directors- elect, and there was a
third and last reading of the Ordinance, followed by an Aye and No
Vote taken on the passage of the Ordinance which resulted as follows:
Ayes: Directors Lewellen, Shackelford, Dailey, Catlett, Mayor Priest,
Directors Roy and Hollingsworth - total 7; Noes - None; Absent - None.
The Ordinance was then declared PASSED.
Consideration was then given to Zoning Application Z- 4635, -B from
Ron Tabor, Agent for William L. Huffstutlar, to rezone 16.4 acres at
1 -30 and Childers Drive (long legal description) from "R -2" Single -
family, "C -3" General Commercial, "C -4" Open Display and "1 -2" Light
Industrial Districts to "C -3" General Commercial District. The
application was approved by the Planning Commission on August 13,
1991. No opposition was presented to the rezoning and Ordinance No.
16,098 was presented, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES.
(Z- 4635 -B - To rezone 16.4 acres on I -30 & Childers Road from 'R-2"
Single Family, "C-3" General Commercial, "C -4" Open Display and "I -2'
Light Industrial Districts to °C -3' General Commercial District.)
3
1
Zoning Application Z -5451 was introduced next and was filed by
Mr. Ron Broadway, to rezone 4716 Baseline Road from "R -2" Single -
family District to "C -3" General Commercial District, as amended. The
Planning Commission approved the rezoning, as amended, on August 13,
1991. No one opposed the reclassification and Ordinance No. 16,099
was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES.
(Z -5451 - To rezone 4716 Baseline Road from "R -2" Single - family
District to "C -3" General Commerical District.)
and after a first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Dailey, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. There
was a subsequent motion by Director Dailey, seconded by Director
Lewellen, to suspend the rules and place the Ordinance on third and
final reading. The motion was unanimously adopted by members of the
Board of Directors present, being seven in number and two - thirds or
more of the members of the Board of Directors - elect, and there was a
third and last reading of the Ordinance, followed by an Aye and No
Vote taken on the passage of the Ordinance which resulted as follows:
Ayes: Directors Lewellen, Shackelford, Dailey, Catlett, Mayor Priest,
Directors Roy and Hollingsworth - total 7; Noes - None; Absent - None.
Therefore, the Ordinance was declared PASSED.
Ordinance No. 16,100 was then presented, with the title being:
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.
and after a first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Dailey, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. There
was a subsequent motion by Director Dailey, seconded by Director
Lewellen, to suspend the rules and place the Ordinance on third and
final reading. The motion was unanimously adopted by members of the
Board of Directors present, being seven in number and two - thirds or
more of the members of the Board of Directors- elect, and there was a
third and last reading of the Ordinance, followed by an Aye and No
Vote taken on the passage of the Ordinance which resulted as follows:
Ayes: Directors Lewellen, Shackelford, Dailey, Catlett, Mayor Priest,
Directors Roy and Hollingsworth - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Directors Lewellen, Shackelford, Dailey, Catlett, Mayor Priest,
Directors Roy and Hollingsworth. Whereupon, the Ordinance together
with the Emergency Section was declared PASSED.
L
645
4
Minutes - September 17, 1991
and after a first reading of the Ordinance, there was a motion by
the rules
Director Lewellen, seconded by Director Dailey, to suspend
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. There
was a subsequent motion by Director Dailey, seconded by Director
Lewellen, to suspend the rules and place the Ordinance on third and
final reading. The motion was unanimously adopted by members of the
Board of Directors present, being seven in number and two - thirds or
more of the members of the Board of Directors - elect, and there was a
third and last reading of the Ordinance, followed by an Aye and No
Vote taken on the passage of the Ordinance which resulted as follows:
Ayes: Directors Lewellen, Shackelford, Dailey, Catlett, Mayor Priest,
Directors Roy and Hollingsworth - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
Zoning Application Z -5451 was introduced next and was filed by
Mr. Ron Broadway, to rezone 4716 Baseline Road from "R -2" Single -
family District to "C -3" General Commercial District, as amended. The
Planning Commission approved the rezoning, as amended, on August 13,
1991. No one opposed the reclassification and Ordinance No. 16,099
was presented, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES.
(Z -5451 - To rezone 4716 Baseline Road from "R -2" Single - family
District to "C -3" General Commerical District.)
and after a first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Dailey, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. There
was a subsequent motion by Director Dailey, seconded by Director
Lewellen, to suspend the rules and place the Ordinance on third and
final reading. The motion was unanimously adopted by members of the
Board of Directors present, being seven in number and two - thirds or
more of the members of the Board of Directors - elect, and there was a
third and last reading of the Ordinance, followed by an Aye and No
Vote taken on the passage of the Ordinance which resulted as follows:
Ayes: Directors Lewellen, Shackelford, Dailey, Catlett, Mayor Priest,
Directors Roy and Hollingsworth - total 7; Noes - None; Absent - None.
Therefore, the Ordinance was declared PASSED.
Ordinance No. 16,100 was then presented, with the title being:
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.
and after a first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Dailey, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. There
was a subsequent motion by Director Dailey, seconded by Director
Lewellen, to suspend the rules and place the Ordinance on third and
final reading. The motion was unanimously adopted by members of the
Board of Directors present, being seven in number and two - thirds or
more of the members of the Board of Directors- elect, and there was a
third and last reading of the Ordinance, followed by an Aye and No
Vote taken on the passage of the Ordinance which resulted as follows:
Ayes: Directors Lewellen, Shackelford, Dailey, Catlett, Mayor Priest,
Directors Roy and Hollingsworth - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Directors Lewellen, Shackelford, Dailey, Catlett, Mayor Priest,
Directors Roy and Hollingsworth. Whereupon, the Ordinance together
with the Emergency Section was declared PASSED.
L
645
646
Minutes - September 17, 1991
5
The Ordinance 16,181,
next presentation was No. described as:
AN ORDINANCE AMENDING CHAPTER 32, ARTICLE II OF THE CODE OF
ORDINANCE OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR THE
ADMINISTRATION AND ENFORCEMENT OF CITY TRAFFIC REGULATIONS.
and after a first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Dailey, to suspend the rules
and place the Ordinance on second reading. The motion was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and a second reading of the Ordinance ensued. There
was a subsequent motion by Director Dailey, seconded by Director
Lewellen, to suspend the rules and place the Ordinance on third and
final reading. The motion was unanimously adopted by members of the
Board of Directors present, being seven in number and two - thirds or
more of the members of the Board of Directors- elect, and there was a
third and last reading of the Ordinance. Upon question by Director
Hollingsworth, City Attorney Tom Carpenter stated that State law
requires that records be maintained for three years. This Ordinance
provides the exception of convictions for driving while intoxicated,
which records shall be maintained for six years. An Aye and No Vote
was then taken on the passage of the Ordinance, which resulted as
follows: Ayes: Directors Lewellen, Shackelford, Dailey, Catlett, Mayor
Priest, Directors Roy and Hollingsworth - total 7; Noes - None; Absent
- None. The Ordinance was declared PASSED.
Resolution No. 86572 was presented, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT TO ROUTH WRECKER SERVICES, INC., FOR WRECKER
FRANCHISE SERVICES.
(The wrecker service franchise was considered by the Board of
Directors on August 20, 1991. The proposed Resolution FAILED by a
vote of 3 Ayes, 3 Noes, and 1 Absent. At the request of Director
Dailey on August 28, 1991, a motion was adopted to reconsider the
wrecker service franchise on September 17, 1991. See Minutes for
August 20, 1991 and August 28, 1991.) Attorney Justin Kidd addressed
the Board of Directors on behalf of Trek Wrecker Service. He
furnished Board Members with copies of the City Wrecker Franchise Bid
Evaluation and referred to the Abstract of Bids, citing a difference
of $940.00 in the bids of Trek and Routh. He stated that the private
audit done by Mr. Dick Schwartz for the twelve month period of July,
1990 through June, 1991, determined that Trek was the low bidder by
$2,245.00 per month. Mr. Kidd concluded by stating that Trek is the
low bidder and asked the Board not to accept the bid of Routh Wrecker
Service. Attorney Robert Newcomb, representing Routh Wrecker Service,
referred to the Police Department investigation of the allegations
made against Routh Wrecker Service (see Minutes for August 20, 1991),
stating that the report concluded by saying "No proof of wrongdoing by
Routh Wrecker can be substantiated." Mr. Newcomb asked the Board to
accept Staff's recommendation and award the contract to Routh Wrecker
,
Service. Mr. Ron Routh also asked the Board to accept his bid. The
Resolution was read in full. Director Dailey moved that the
Resolution be adopted, and the motion was seconded by Director
Lewellen. Director Hollingsworth questioned Chief Caudell regarding
instances of wrecker drivers getting payments from body shops for
referrals. Chief Caudell and Sgt. Isom advised that a 1987
investigation revealed that was a common practice, but there was no
evidence that Routh Wrecker Service was ever involved. The City
Attorney's office found at that time that no laws or contracts were
violated. City Attorney Tom Carpenter stated that the new wrecker
service contract prohibits such practice. After further discussion
among Board Members regarding various allegations, bidding process,
and specification compliance, the Resolution was ADOPTED unanimously
by voice vote of the Board Members present.
Added to the Agenda for consideration at this time was Ordinance
No. 16,102, entitled: '
AN ORDINANCE AMENDING LITTLE ROCK, ARKANSAS, ORDINANCE NOS.
15,026 AND 14,974 FOR PURPOSES OF DEVELOPING A FINANCING AND OPERATING
PLAN; MODIFYING THE PAYMENT OF BASIC RENT PURSUANT TO THE LEASE
AGREEMENT BETWEEN METROCENTRE IMPROVEMENT DISTRICT NO. 1 AND THE CITY
OF LITTLE ROCK, ARKANSAS; AND DECLARING AND EMERGENCY.
1
I
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Directors Lewellen, Shackelford, Dailey, Catlett, Mayor Priest,
Directors Roy and Hollingsworth - total 7; Noes - None; Absent - None.
whereupon, the Ordinance together with the Emergency Section was
declared PASSED.
At 9:16 o'clock P.M. Mayor Priest announced that the Board of
Directors would recess to executive session in the Board's Conference
Room for the purpose of considering appointments and reappointments to
various Boards and Commissions.
When the Board of Directors reconvened at 9:48 o'clock P.M. from
executive session, Mayor Priest presided and the following Directors
were present: Directors Roy and Hollingsworth, Lewellen, Shackelford,
Dailey and Catlett - total 7; Absent - None.
Resolution No. 8,573 was then presented, with the title being:
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE
ARKANSAS MUSEUM OF SCIENCE AND HISTORY BOARD OF TRUSTEES, CENTRAL
ARKANSAS TRANSIT AUTHORITY, AND THE LITTLE ROCK PORT AUTHORITY;
(Museum of Science & History - Dr. Alvin Karlin, Dawn Callier, Angela
Sewell, Rep. Judy Smith, Bruce Wesson, and Tom Gray - appointed; CATA
Shelia Vaught appointed; Port Authority Howard Reed
appointed.)
and there was a complete reading of the Resolution. A motion was made
by Director Roy, seconded by Director Shackelford, that the Resolution
be adopted. The Resolution was adopted by unanimous voice vote of
the Board Members present.
There being no further business to be presented, Mayor Priest
declared the meeting adjourned at 9:53 o'clock P.M., with the Board of
Directors to convene in regular session on Tuesday, October 1, 1991,
at 6:00 o'clock P.M.
ATTEST:'' pp
�L�LC_."
City Clerk Robbie Hancock
APPROVED:
^
7��W
Mayor Sharon
Priest
647
,Minutes - September 17, 1991 6
and after a first reading of the Ordinance, there was a motion by
the
Director Shackelford, seconded by Director Dailey, to suspend
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors- elect, and a second reading of the Ordinance
ensued. There was a subsequent motion by Director Roy, seconded by
Director Shackelford, to suspend the rules and place the Ordinance on
third and final reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors- elect, and
there was a third and last reading of the Ordinance. Upon question by
Director Hollingsworth, City Manager Tom Dalton explained the amended
lease. He stated that the City was involved with Metrocentre
Improvement District No. 1 in doing a parking study for downtown
Little Rock and worked with Metrocentre in securing the bonds for the
parking decks by providing the land for the parking decks in a lease
arrangement at a minimal amount until 1991 and then to start charging
$10,000 per deck, based upon the assumption of usage, which is now
considerably lower than projections. This Ordinance (1) amends the
lease arrangement to put off until 1994 the increased lease payments
and (2) provides for the City of Little Rock to work with Metrocentre
to develop an operation and financing plan in the way the decks are
marketed and review the projection of the assessments in the future.
An Aye and No Vote was then taken on the passage of the Ordinance
which resulted as follows: Ayes - Directors Lewellen, Shackelford,
Dailey, Catlett, Mayor Priest, Directors Roy and Hollingsworth - total
7; Noes - None; Absent - None.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Directors Lewellen, Shackelford, Dailey, Catlett, Mayor Priest,
Directors Roy and Hollingsworth - total 7; Noes - None; Absent - None.
whereupon, the Ordinance together with the Emergency Section was
declared PASSED.
At 9:16 o'clock P.M. Mayor Priest announced that the Board of
Directors would recess to executive session in the Board's Conference
Room for the purpose of considering appointments and reappointments to
various Boards and Commissions.
When the Board of Directors reconvened at 9:48 o'clock P.M. from
executive session, Mayor Priest presided and the following Directors
were present: Directors Roy and Hollingsworth, Lewellen, Shackelford,
Dailey and Catlett - total 7; Absent - None.
Resolution No. 8,573 was then presented, with the title being:
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE
ARKANSAS MUSEUM OF SCIENCE AND HISTORY BOARD OF TRUSTEES, CENTRAL
ARKANSAS TRANSIT AUTHORITY, AND THE LITTLE ROCK PORT AUTHORITY;
(Museum of Science & History - Dr. Alvin Karlin, Dawn Callier, Angela
Sewell, Rep. Judy Smith, Bruce Wesson, and Tom Gray - appointed; CATA
Shelia Vaught appointed; Port Authority Howard Reed
appointed.)
and there was a complete reading of the Resolution. A motion was made
by Director Roy, seconded by Director Shackelford, that the Resolution
be adopted. The Resolution was adopted by unanimous voice vote of
the Board Members present.
There being no further business to be presented, Mayor Priest
declared the meeting adjourned at 9:53 o'clock P.M., with the Board of
Directors to convene in regular session on Tuesday, October 1, 1991,
at 6:00 o'clock P.M.
ATTEST:'' pp
�L�LC_."
City Clerk Robbie Hancock
APPROVED:
^
7��W
Mayor Sharon
Priest
647
Board of Directors Chamber
Little Rock, Arkansas
October 1, 1991 - 6:10 P.M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Vice Mayor Dailey presiding. City Clerk
Robbie Hancock called the roll with the following Directors in
attendance: Directors Roy, Lewellen, Shackelford and Catlett - total
4; Absent - Mayor Priest and Director Hollingsworth - total 2.
Vice Mayor Dailey announced that a quorum was present and the
proceedings of the meeting are recorded as follows:
The Invocation was given by Director Shackelford.
The Consent Agenda was the first presentation, consisting of the
following items:
(a) The appoval of the Minutes of the previous Board of
Directors Meeting held September 17, 1991.
(b) Resolution No. 8,574, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO GRANT A
RIGHT -OF -WAY EASEMENT FOR THE PURPOSE OF CONSTRUCTING A 24" OUTFALL
SEWER LINE IN THE LITTLE ROCK INDUSTRIAL DISTRICT.
(c) Resolution No. 8,575, with the title being:
A RESOLUTION AUTHORIZING A CHANGE ORDER FOR A VERTICAL
CONTROL CORRECTION AND DATA CONVERSION SERVICES CONTRACT FOR THE
PULASKI AREA GEOGRAPHIC INFORMATION SYSTEMS; AND FOR OTHER PURPOSES.
(d) Resolution No. 8,576, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH CONSTRUCTION MANAGEMENT AND MAINTENANCE, INC. FOR
TRAFFIC SIGNAL INSTALLATION AT UNIVERSITY AVENUE AND "H" STREET AND AT
UNIVERSITY AVENUE AND LEE STREET.
(e) Resolution No. 81577, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE FUNDS
FROM THE 1988 CAPITAL IMPROVEMENT FUND FOR THE CONSTRUCTION OF THE
SOUTHWEST LITTLE ROCK COMMUNITY COMPLEX; AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO A DESIGN CONTRACT WITH WITTENBERG, DELONEY &
DAVIDSON FOR THE PROJECT.
(f) Resolution No. 8,578, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH PULASKI COUNTY TO SHARE THE COSTS OF CONTRACT SERVICES
AND TO CONTRACT WITH JOHNSON, JOHNSON AND ROY FOR SITE ANALYSIS
PROGRAMMING AND MASTER PLANNING OF THE RIVER MOUNTAIN AND COUNTY FARM
PROPERTY.
(g) Resolution No. 8,579, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REIMBURSE
LITTLE ROCK WATER WORKS $106,183 FOR THE RELOCATION OF A 8" AND 12"
WATER LINE ON THE FOURCHE CREEK PROJECT, PHASE IV.
(h) Resolution No. 8,580, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR THE CONSTRUCTION OF TWO 8" SANITARY SEWER LINES
IN PHASES III AND IV ON THE FOURCHE CREEK PROJECT.
(i) Resolution No. 8,581, with the title being:
A RESOLUTION EXPRESSING THE SUPPORT OF THE BOARD OF
DIRECTORS FOR THE POLICEMEN'S PENSION AND RELIEF FUND.
Minutes - October It 1991 2
(j) Resolution No. 8,582, described as:
A RESOLUTION DIRECTING THE CITY ATTORNEY TO REVIEW THE SOLID
WASTE DISPOSAL ACT AND TO CONSIDER INTERVENTION INTO THE ENVIROCORP
LITIGATION.
(k) Resolution No. 8,583, entitled:
A RESOLUTION EXPRESSING INTENT OF THE CITY OF LITTLE ROCK TO
CONTINUE SUPPORT OF CENTRAL HEALTH UNIT.
(Mayor Priest was enrolled at 6:15 o'clock P.M.)
(Director Hollingsworth was enrolled at 6:18 o'clock P.M.)
(NOTE: Mr. Barry Haas, 3900 Doral Drive, expressed concerns
related to items (f) and (j) on the Consent Agenda. Regarding the
site analysis and master planning of the River Mountain and County
Farm property (Item f), he stated that it is imperative that the City
and County do a proper study before anything is done and to know what
birds and plant species are there. Concerning the medical waste act
(Item j), he urged that the City and County work together to be sure
there would not be a basic conflict on any ordinance passed regarding
medical waste incineration.)
By motion from Director Lewellen, seconded by Mayor Priest, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held September 17, 1991, were approved as written and
distributed to members of the Board of Directors; and (b, c, d, e, f,
g, h, it j and k) Resolutions No. 8,574, 8,575, 8,576, 8,577, 8,578,
8,579, 8,580, 8,581, 8,582 and 8,583 were read in full and unanimously
adopted by the Board members present. (NOTE: Director Catlett
abstained on Item (j) - Resolution No. 8,582.)
At the time allotted for Citizen Communications, Ms. Kathy Wells,
Secretary of the Downtown Neighborhood Association and Vice President
of Security for the Coalition of Little Rock Neighborhoods, urged the
City Board to continue to respond to the needs of downtown residents
and supported the creation of a Third Division of Municipal Court.
She also asked for an accounting of City action against the condemned
houses in the 2300 block of Gaines Street, which was the subject of a
petition filed at the August 6, 1991 Board Meeting. Mayor Priest
asked City Manager Tom Dalton to provide that information to Ms.
Wells. Director Roy advised Ms. Wells that he had given that
information to Susan Boon. Director Hollingsworth asked Mr. Dalton to
keep the Downtown Neighborhood Association advised of the enabling
legislation for the Third Division of Municipal Court.
The next matter to be considered was Ordinance No. 16,103,
described as:
AN ORDINANCE TO ESTABLISH ZONING DISTRICTS IN THE AREA LOCATED
SOUTH OF DENNY AND KANIS ROADS IN WESTERN PULASKI COUNTY WHICH IS
OUTSIDE OF BUT WITHIN THREE MILES OF THE CORPORATE LIMITS OF THE CITY
OF LITTLE ROCK, TO MAKE THE CITY'S COMPREHENSIVE ZONING REGULATIONS
APPLICABLE THERETO, AND DECLARING AN EMERGENCY.
Mr. Jim Wilson, 13725 Fern Valley Lane, who owns property south of
Kanis Road, stated that he has been negotiating with the Planning
Department on some zoning that was adopted many years ago and is
concerned that adoption of this ordinance now would zone the property
all "R -2" rather than what has been agreed upon. Mr. Jim Lawson,
Director of the Department of Neighborhoods and Planning, explained
the proposed Area 2 extraterritorial zoning. He asked the Board to
zone Area 2 for "R -2" Single - family as a holding zone to prevent
commercial development (billboards, car lots, etc.) in residential
areas, until the entire zoning package is ready for Board action. Mr.
Lawson suggested the Ordinance include a clause for a time certain to
declare the Ordinance null and void. Mr. Wilson stated he would be
comfortable with the time certain clause as long as the Board
understood there is an on -going discussion for zoning his property.
Mr. W. C. Taylor, 14101 Crystal Valley Road, was opposed to the
ordinance because it would decrease the value of his property. Mr.
Gene Brewer, 2550 Betty Drive, was opposed to the "R -2" zoning for
Area 2 because of the costs involved if an owner subdivides his
property. It would be too restrictive to develop property. Mr.
Lawson noted that the City has had subdivision control in the
1
649
Minutes - October 1, 1991
extraterritorial area for several years, so subdivision costs would be
the same and the rezoning process will not add any costs. Mr. John H.
McCaleb, 4600 Annette Lane, President of the Pulaski County Property
Owners Association, spoke in opposition to the Ordinance and asked the
Board to defeat it because it will lower the value of property. Mr.
Lawson concluded by saying this would hold things in place and in
December the Land Use Plan will be modified and there will be a lot of
requests for commercial zoning. City Attorney Tom Carpenter
recommended some language be added to the proposed Ordinance as
follows: "Section 1: That the Master Plan set forth in Little Rock,
Arkansas Ordinance No. 15,147 (August 5, 1986) be amended to reflect
that the zoning classification of the subject property be and is
hereby established as "R -2" Single - family Residential District "; and
that Section 4 be changed to Section 5 and add a new Section 4: "The
Board of Directors will review this zoning classification and will
consider amendments to the classification and the Master Plan•as may
be deemed appropriate no later than December 17, 1991." Mr. Carpenter
said the effect of that would be to make this a classification to "R-
2" and to state the Board's intent to review this matter on December
17, 1991, but is not an interim zoning. It becomes "R -2° zoning. The
Ordinance was then read the first time. The rules were then suspended
and the Ordinance placed on second reading by motion from Director
Dailey and seconded by Director Shackelford, which was unanimously
adopted by members of the Board of Directors present, being seven in
number and twothirds or more of the members of the Board of
Directors - elect. Upon second reading of the Ordinance, there was a
subsequent motion made by Director Shackelford that the rules be
further suspended and the Ordinance be placed on third and final
reading. Director Lewellen seconded the motion which was adopted by
unanimous vote of the members of the Board of Directors present, being
seven in number and two - thirds or more of the members of the Board of
Directors- elect. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on the question, Shall the
Ordinance Pass, with the response being: Ayes - Directors Shackelford,
Dailey, Catlett, Mayor Priest, Directors Roy, Hollingsworth and
Lewellen - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Shackelford, Dailey, Catlett, Mayor Priest, Directors
Roy, Hollingsworth and Lewellen - total 7; Noes - None; Absent - None.
Therefore, the Ordinance, together with the Emergency Section, was
declared PASSED.
A public hearing had been scheduled for this time and place by
Resolution No. 8,568, on the petition filed by Mr. Pat McGetrick for
Gordon G. Wittenberg to vacate a public utility easement along the
west 7.5 feet of Lot H3R (beginning at the north right -of -way line of
Scenic Drive thence north 95 feet), in Block 2 of East Palisades
Addition to the City of Little Rock, Arkansas. Notice of public
hearing was duly published on September 24, 1991 and October 1, 1991.
Attached to the petition was a certified copy of the plat from the
Pulaski County Circuit Clerk's Office and a letter from Pulaski County
Title Company listing the last apparent owners of record of abutting
property. Mayor Priest then declared the public hearing open and with
no one present to speak in opposition, Mayor Priest declared the
public hearing closed and Ordinance No. 16,104 was presented,
entitled:
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN BLOCK 2 OF
EAST PALISADES ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS.
and the Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Dailey and seconded by Director Shackelford, which was
unanimously adopted by members of the Board Of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors- elect. Upon second reading of the Ordinance, there
was a subsequent motion made by Director Shackelford that the rules be
further suspended and the Ordinance be placed on third and final
reading. Director Lewellen seconded the motion which was adopted by
unanimous vote of the members of the Board of Directors present, being
seven in number and two - thirds or more of the members of the Board of
Directors - elect. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on the question, Shall the
Ordinance Pass, with the response being: Ayes - Directors Shackelford,
1
1
Minutes - October 1, 1991
Dailey, Catlett, Mayor Priest, Directors Roy, Hollingsworth and
Lewellen total 7; Noes - None; Absent - None. Whereupon, the
Ordinance was declared PASSED.
There being no further business to be presented, Mayor Priest
declared the meeting adjourned at 7:25 o'clock P.M., with the Board of
Directors to convene in regular session on Tuesday, October 15, 1991,
at 6:00 o'clock P.M.
ATTEST: /'//
C.P. 4x-1 k zaeoCA-
City Clerk Robbie Hancock
APPR ED
Mayor Sharon Priest
4
651
652
0
Board of Directors Chamber
Little Rock, Arkansas
October 15, 1991 - 6 :10 P.M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Sharon Priest presiding. City Clerk
Robbie Hancock was present and called the roll with the following
Directors in attendance: Directors Hollingsworth, Lewellen, Dailey
and Catlett - total 4; Absent - Directors Roy and Shackelford - total
2.
Mayor Priest announced that a quorum was present and the
proceedings.of the meeting are recorded as follows:
The Invocation was given by Director Dailey.
The Consent Agenda was the first presentation, consisting of the
following items:
(a) The approval of the Minutes of the previous Board Meeting
held October 1, 1991.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of August, 1991.
(c) The Central Arkansas Library System Audit Report for the
period ending December 31, 1990 and 1989.
(d) Resolution No. 8,584, with the title being:
A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO
VACATE AND CLOSE ALAMO CIRCLE BETWEEN CHENAL PARKWAY AND SHADECREST
DRIVE IN MONTCLAIR HEIGHTS ADDITION, PART II TO THE CITY OF LITTLE
ROCK, ARKANSAS. (November 5, 1991).
(e) Resolution No. 8,585, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO
VACATE A PUBLIC UTILITY EASEMENT AND AN ACCESS EASEMENT IN LOT 1R,
SIGNATURE SUBDIVISION TO THE CITY OF LITTLE ROCK, ARKANSAS. (November
5, 1991).
(f) Resolution No. 8,586, described as:
A RESOLUTION SETTING A DATE FOR A PUBLIC HEARING ON THE
QUESTION OF ISSUANCE OF REFUNDING BONDS BY THE CITY OF LITTLE ROCK,
ARKANSAS RESIDENTIAL HOUSING AND PUBLIC FACILITIES BOARD. (For the
refinancing of the Kanis Place Apartment Project.). (November 5,
1991).
(g) Resolution No. 8,587, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD CONTRACTS FOR THE PURCHASE OF A DUMP TRUCK AND UTILITY TRUCK FOR
THE DEPARTMENT OF GENERAL SERVICES /FLEET SERVICES DIVISION.
(h) Resolution No. 8,588, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT TO WIDEN RODNEY PARHAM ROAD SOUTH OF CANTRELL ROAD.
(i) Resolution No. 8,589, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT TO ROGER TROTTER CONSTRUCTION COMPANY FOR
CONSTRUCTION OF THE SOUTH LITTLE ROCK RECREATION CENTER ANNEX.
(j) Resolution No. 8,5901 with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT TO SOUTHERN COMPANY TO BRING UNDERGROUND FUEL STORAGE
TANKS IN COMPLIANCE WITH ENVIRONMENTAL PROTECTION AGENCY AND POLLUTION
CONTROL AND ECOLOGY REQUIREMENTS.
1
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Minutes - October 15, 1991 2
(k) Resolution No. 8,591, entitled:
A RESOLUTION AUTHORIZING THE INSTALLATION OF A 12 INCH WATER
MAIN EXTENSION (850 FEET) TO SERVE FOUR TRACTS OF LAND ON HENDERSON
ROAD, LOCATED IN PULASKI COUNTY AND OUTSIDE THE CITY LIMITS OF LITTLE
ROCK, ARKANSAS.
By motion from Director Hollingsworth, 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 Meeting held October 1, 1991, 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 August, 1991 was
received and filed; (c) The 1990 Audit Report of the Central Arkansas
Library System was received and filed; and (d, e, f, g, h, i, j and k)
Resolutions No. 8,584, 8,585, 8,586, 8,587, 8,588, 8,589, 8,590, and
8,591 were read in full and adopted by unanimous voice vote of the
Board Members present.
At the time allotted for Citizen Communications, Ms. Kathy Wells,
Vice - President of the Downtown Neighborhood Association, was present
to share the great news that the Association had received the federal
50/50 match grant for its project to bring back the shade to plant
trees in downtown Little Rock. The City of Little Rock through the
City Beautiful Commission is a partner with the Downtown Association.
This time next year there will be a lot of trees growning up and down
Chester Street where there are no trees now. She stated that the
Association appreciated the help of the City of Little Rock.
Ms. wells also stated the City of Little Rock is missing a great
opportunity to publicize a very good piece of work that the City Staff
has done recently in completing a document that will bring 1.1 million
dollars in housing funds to the City through the creation of CHAS
(Comprehensive Housing Affordability Stratagey). At the request of
Mayor Priest, Mr. Jim Lawson, Director of the Department of
Neighborhoods and Planning explained that CHAS is a comprehensive look
at housing and is a prerequisite for the City obtaining 1.1 million
dollars through the new HUD HOME Program. Mr. Lawson stated that
recently an additional 1.8 million dollar housing loan was approved by
HUD. With this money added to the $600,000 that the City of Little
Rock typically gets from Block Grant for housing, the City will now be
able to develop a pool of 1.8 million dollars for housing
rehabilitation and financing. So when LISC gets underway, we will
have that pool of money for gap financing and other supportive housing
measures. LISC's operations should be underway in late 1991 or early
1992. City Manager Tom Dalton explained that LISC is the Local
Initiative Support Corporation, a former subsidiary of the Ford
Foundation. Its purpose is to work with local communities and help in
terms of neighborhood revitalization and commercial revitalization in
older and low and moderate income neighborhoods. LISC has selected
Little Rock as one of its smaller sites. LISC will work with local
organizations to help them establish Community Development
Corporations (CDC) so the neighborhoods will actually play a role as
housing developer. LISC then works with the lending institutions and
brings in money of its own in order to leverage more private
investment in the area of low and moderate income housing.
The next speaker under Citizen Communications was Ms. Ruth Bell,
representing the League of Women Voters and the Arkansas Peace Center.
She presented the Mayor with a petition containing 200 signatures
endorsing curb side recycling.
(Director Shackelford enrolled at 6:20 o'clock P.M.)
The last speaker under Citizen Communications was Mr. Barry Haas,
3900 Doral Drive. Speaking to the Project 2000 election results, he
stated that the rejection of all 12 issues clearly indicates the
citizens expect and demand a new course be set by the Board of
Directors and City government in general. The Board has two options -
ignore the message sent by the voters or accept and respond with grace
to make more progress on the problems that face all of us each day.
There is a sense in the community that the current structure of City
government must be changed. He concluded by reading a letter written
by Mr. P. L. Henry published in the Arkansas Gazette on 10 -15 -91 under
the headline "Defeat of Project 2000 Opens Doors to New Hopes and
Ideas."
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Director Shackelford responded by presenting Board Members a
memorandum she had written to the Board asking that the City Directors
be initiators of discussions on how Little Rock will be governed. As
elected officials, the Board Members should take the leadership on
this issue rather than reacting to petitions and proposals.
Consideration was then given to Zoning Application Z -5482 filed
by J. T. Laman to rezone 6402 Butler Road from "C -3" General
Commercial District to "C -4" Open Display District. The application
was approved by the Planning Commission on September 24, 1991. No one
opposed the application to rezone the property and Ordinance No.
16,105 was presented, containing the following caption:
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 -5482 - To rezone 6402 Butler Road from °C -3" General Commercial
District to 'C -4° Open Display District.)
and after the first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Dailey, to suspend the rules
and place the Ordinance on second reading. 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. There was a second reading of the Ordinance followed
by a subsequent motion again made by Directors Lewellen and Dailey,
respectively, to further suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present, being six 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. The Aye and No Vote taken on passage
of the Ordinance received the following response: Ayes - Directors
Dailey and Catlett, Mayor Priest, Directors Hollingsworth, Lewellen
and Shackelford - total 6; Noes - None; Absent - Director Roy - total
1. The Ordinance was then declared PASSED.
The next presentation was Zoning Application Z -5483 filed by
Louis Schaufele for Carolyn Schaufele to rezone 2.28 acres at the
northeast corner of Bowman Road and Chenal Parkway (Lots 8, 9, 10, 14
and 15 of Montclair Heights No. 2). The application to rezone the
property from "R -2" Single - family District to "0 -3" General Office
District was approved by the Planning Commission on September 24,
1991. No one opposed the reclassification and Ordinance No. 16,106
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 -5483 - To rezone 2.28 acres located at Bowman Road and Chenal
Parkway from 'R -2" Single - family District to "O -3' General Office
District.)
and after the first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Dailey, to suspend the rules
and place the Ordinance on second reading. 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. There was a second reading of the Ordinance followed
by a subsequent motion again made by Directors Lewellen and Dailey,
respectively, to further suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present, being six 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. The Aye and No Vote taken on passage
of the Ordinance received the following response: Ayes - Directors
Dailey and Catlett, Mayor Priest, Directors Hollingsworth, Lewellen
and Shackelford - total 6; Noes - None; Absent - Director Roy - total
1. The Ordinance was then declared PASSED.
Zoning Application Z -5494 filed by Arthur Gamble for Jackie King
and Thelma & Vernon Banks was introduced next. The application to
rezone 2819 and 2823 West 15th Street (Lots 7 and 8, Block 10, Worthen
and Brown's Addition) from "I -2" Light Industrial District to "0 -3"
General Office District, was approved by the Planning Commission on
September 24, 1991. No opposition to the rezoning was presented and
Ordinance No. 16,107 was considered, with the title being:
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' AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5484 - To rezone 2819 and 2823 West 15th Street from "I -2" Light
Industrial District to "0-3" General Office District.)
and after the first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Dailey, to suspend the rules
and place the Ordinance on second reading. 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. There was a second reading of the Ordinance followed
by a subsequent motion again made by Directors Lewellen and Dailey,
respectively, to further suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present, being six 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. The Aye and No Vote taken on passage
of the Ordinance received the following response: Ayes - Directors
Dailey and Catlett, Mayor Priest, Directors Hollingsworth, Lewellen
and Shackelford - total 6; Noes - None; Absent - Director Roy - total
1. The Ordinance was then declared PASSED.
The next presentation was Zoning Application Z -5485 from Joe C.
Reynolds to reclassify 8801 Doyle Springs Road from "R -2" Single -
family District to "C -3" General Commercial District. The Planning
Commission approved the zoning change on September 24, 1991. No one
opposed the reclassification and Ordinance No. 16,108 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 -5485 - To rezone 8801 Doyle Springs Road from "R -2" Single - family
District to "C -3" General Commercial District.)
and after the first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Dailey, to suspend the rules
and place the Ordinance on second reading. 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. There was a second reading of the Ordinance followed
by a subsequent motion again made by Directors Lewellen and Dailey,
respectively, to further suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present, being six 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. The Aye and No Vote taken on passage
of the Ordinance received the following response: Ayes - Directors
Dailey and Catlett, Mayor Priest, Directors Hollingsworth, Lewellen
and Shackelford - total 6; Noes - None; Absent - Director Roy - total
1. The Ordinance was then declared PASSED.
Ordinance No. 16,109 was the next presentation, with the title
being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A VARIANCE OF SUBDIVISION
REGULATIONS REQUIREMENTS FOR THE OTTER CREEK INDUSTRIAL SERVICE
CENTER, LOTS 1, 2 AND 3, TRACT 2;
(S- 45 -A -12 - Variance of Subdivision Regulations for property on
Mabelvale West Road at I -30.)
and after the first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Dailey, to suspend the rules
and place the Ordinance on second reading. 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. There was a second reading of the Ordinance followed
by a subsequent motion again made by Directors Lewellen and Dailey,
respectively, to further suspend the rules and place the ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present, being six 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. The Aye and No Vote taken on passage
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Minutes - October 15, 1991
5
of the Ordinance received the following response: Ayes - Directors
Dailey and Catlett, Mayor Priest, Directors Hollingsworth, Lewellen
and Shackelford - total 6; Noes - None; Absent - Director Roy - total
1. The Ordinance was then declared PASSED.
Consideration was then given to Ordinance No. 16,110, described
as :
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A SUBDIVISION WAIVER FOR
THE MCKINNEY SUBDIVISION;
(S -928 - Waiver of Subdivision Regulations for 12015 Hinson Road)
and after the first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Dailey, to suspend the rules
and place the Ordinance on second reading. 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. There was a second reading of the Ordinance followed
by a subsequent motion again made by Directors Lewellen and Dailey,
respectively, to further suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present, being six 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. The Aye and No Vote taken on passage
of the Ordinance received the following response: Ayes - Directors
Dailey and Catlett, Mayor Priest, Directors Hollingsworth, Lewellen
and Shackelford - total 6; Noes - None; Absent - Director Roy - total
1. The Ordinance was then declared PASSED.
The next presentation was Ordinance No. 16,111, entitled:
AN ORDINANCE ESTABLISHING THE RATE OF TAXATION OF PROPERTY FOR
CITY PURPOSES FOR THE YEAR 1992 FOR VARIOUS FUNDS OF THE CITY OF
LITTLE ROCK;
and after the first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Dailey, to suspend the rules
and place the Ordinance on second reading. 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. There was a second reading of the Ordinance followed
by a subsequent motion again made by Directors Lewellen and Dailey,
respectively, to further suspend the rules and place the Ordinance on
third and final reading. The motion received unanimous adoption by
the Board Members present, being six 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. The Aye and No Vote taken on passage
of the Ordinance received the following response: Ayes - Directors
Dailey and Catlett, Mayor Priest, Directors Hollingsworth, Lewellen
and Shackelford - total 6; Noes - None; Absent - Director Roy - total
1. The Ordinance was then declared PASSED.
The next matter to be considered was Ordinance 16,112, entitled:
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.
At the request of Rosanne Henry, representing Union Bank which is
servicing a mortgage on the property at 3813 Zion Street owned by
Leroy and Wilma Tippett of Los Angeles, CA, the Board agreed to a 90
day administrative extension on the property at 3813 Zion Street.
Mr. John Bradford, 2723 West 6th Street, stated that, he owns the
condemned house at 2024 West 16th Street in the Central High School
area and has had difficulty obtaining funding and permits, but has
just received private funding and will be able to start restoration
work on the house soon. At the suggestion of City Manager Tom Dalton,
2024 West 16th Street was removed from the list of condemned
structures in the proposed Ordinance.
(Mayor Priest recognized and welcomed Boy Scout Troop 231 from
the Morman Church on Rodney Parham Road.)
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Mr. Bill Hatch requested an extension for the property at 3217
Arch Street, owned by William Lloyd. He stated that work would start
next week and should be completed in 120 days. The Board generally
agreed to a 120 day administrative extension for 3217 Arch Street. Mr.
Jim Lawson, Director of the Department of Neighborhoods and Planning,
asked that the weeds be cut and debris be cleaned up immediately.
City Attorney Tom Carpenter recommended that a written agreement with
a time table be executed on these properties. Board Members
suggested that a written agreement be executed on all properties that
received an administrative extension. The Ordinance was then read the
first time. The rules were suspended and the Ordinance placed on
second reading by motion from Director Dailey and second by Director
Lewellen. The motion was adopted unanimously by the Board Members
present, being six in number and two - thirds or more of the members of
the Board of Directors - elect. A second reading of the Ordinance
followed, with a motion again being made by Director Dailey to further
suspend the rules and place the Ordinance on third and final reading.
The motion was seconded by Director Hollingsworth and unanimously
adopted by the Board Members present, being six 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. The resulting Aye and No
Vote taken on the question, Shall the Ordinance Pass, is herein
recorded as follows: Ayes - Directors Dailey and Catlett, Mayor
Priest, Directors Hollingsworth, Lewellen and Shackelford - total 6;
Noes - None; Absent - Director Roy - 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 - Directors Dailey and Catlett, Mayor Priest, Directors
Hollingsworth, Lewellen and Shackelford - total 6; Noes - None; Absent
- Director Roy - total 1. Whereupon, the Ordinance together with the
Emergency Section was declared PASSED.
The last matter to be considered was Resolution No. 8592, which
was added to the Agenda, entitled:
A RESOLUTION MAKING AN APPOINTMENT TO THE PRIVATE INDUSTRY
COUNCIL;
(Appointing Mr. Lee Frazier to the Private Sector of the Private
Industry Council.)
and the Resolution was read in full. A motion was made by Director
Shackelford and seconded by Director Dailey, that the Resolution be
adopted. The Resolution was adopted unanimously by voice vote of the
Board Members present.
At the request of Director Dailey, City Manager Tom Dalton gave
an update on the Seventh Street improvements. (NOTE: See Minutes of
September 3, 1991 and September 17, 1991 for discussion on a proposed
Resolution regarding the Seventh Street project.) He stated that four
10 -1/2 foot traffic lanes and a 5 foot sidewalk can be constructed
within the existing right -of -way of Seventh Street between High and
Battery Streets. It will be necessary to relocate the steps of the
1515 Building, which will require a temporary construction easement
but no additional right -of -way from the State of Arkansas. The
project will require approximately eleven months to design and
construct (design work - 95 days, advertising and bids - 30 days, bid
review and Board action - 30 days, and construction - 180 days).
Board Members expressed concern because the street is already torn up
and erosion will occur with approaching winter weather. Mr. Dalton
advised that some asphalt paving can be done with administrative
capability. Director Dailey stated he would like to go ahead and get
the Seventh Street project done within the framework of the intent of
the 1987 Bond Election and would like the work speeded up if possible.
Director Dailey also noted that City Attorney Tom Carpenter will
be providing Board Members with some potential regulatory ordinances
regardino medical /hazardous waste incineration.
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There being no further business to be presented, Mayor Priest
declared the meeting adjourned at 7:34 o'clock P.M., with the Board of
Directors to convene in regular session on Tuesday, November 5, 1991,
at 6:00 o'clock P.M.,
ATTEST: A ZVA.4-�
CITY CLERK ROBBIE HANCOCK MAYOR SHARON PRIEST
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Board of Directors Chamber
Little Rock, Arkansas
November 5, 1991 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Vice Mayor Jim Dailey presiding. City Clerk
Robbie Hancock called the roll with the following Directors present:
Directors Roy, Hollingsworth, Lewellen, Shackelford, and Catlett -
total 5; Absent - Mayor Priest - total 1.
With a quorum present, Vice Mayor Dailey declared the Board of
Directors in session and the proceedings of the meeting are recorded
as follows:
The Invocation was given by Director Catlett.
At the request of Vice Mayor Dailey, Deputy City Manager Earl
Paul introduced Fire Chief Ruben Webb and Director of Management
Support Dave Lutz and commended them for their employees'
participation in the annual "Count Dracula Blood Drive' held on
Halloween. Vice Mayor Dailey then presented plaques to Chief Webb
for the department donating the most blood and to Dave Lutz for the
department having the highest percentage of employee donations. The
' Personnel Department tied with Management Support in the percentage of
employee donations, but Personnel Director Britt Rice was not present
to receive the plaque.
The Consent Agenda was then presented, consisting of the
following items:
(a) The approval of the Minutes of the previous Board of
Directors Meeting held October 15, 1991.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of September, 1991.
(c) The Abstract of Votes of the Special Election held October
81 1991 on the levy of a sales and use tax and the issuance of sales
and use tax general obligation bonds for capital improvements. (NOTE:
Both issues failed.)
(d) Resolution No. 8,593, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
THE NECESSARY DOCUMENTS TO EXCHANGE A PARCEL OF LAND OWNED BY THE CITY
FOR ANOTHER PARCEL OF LAND NEEDED FOR THE FOURCHE CREEK FLOOD
REDUCTION PROJECT. (Part of Lot 7, Block 3, Pankey's 2nd Addition
exchanged for Part of Lot 1, Block 1, Blankenships Addition owned by
Gary Ekland and Ruth Adney.)
(e) Resolution No. 8,594 with the title being:
A RESOLUTION APPROVING AND CONFIRMING THE APPOINTMENT OF
JOHN D. TONEY, JR. AS A COMMISSIONER OF THE HOUSING AUTHORITY OF THE
CITY OF LITTLE ROCK, ARKANSAS.
(f) Resolution No. 8,595, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
ANNUAL CONTRACT WITH RADFORD EQUIPMENT COMPANY FOR PETROLEUM EQUIPMENT
PARTS AND SERVICES, FOR THE DEPARTMENT OF GENERAL SERVICES /FLEET
SERVICES DIVISION.
(g) Resolution No. 8,596, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
ENGINEERING SERVICES CONTRACT WITH MEHLBURGER, TANNER, ROBINSON AND
ASSOCIATES TO COMPLETE THE SEVENTH STREET, HIGH TO BATTERY STREET
PROJECT, A 1988 CAPITAL IMPROVEMENT BOND PROJECT.
(h) Resolution No. 8,597, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
CONTRACT WITH ARKANSAS MUNICIPAL LEAGUE (AML) FOR ONE YEAR COMMENCING
NOVEMBER 5, 1991, TO ADMINISTER A SELF - INSURANCE PROGRAM FOR CITY
MOTOR VEHICLE LIABILITY.
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(i) Resolution No. 8,598, described
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
ON BEHALF OF THE CITY CERTAIN DOCUMENTS NECESSARY TO SUBSTITUTE
WORTHEN NATIONAL BANK OF ARKANSAS FOR ONE NATIONAL BANK AS
TRUSTEE /PAYING AGENT OF THE BOND ISSUE, AND OTHER PURPOSES. (J &M
Properties Health Care Revenue Bonds, Series 1983.)
By motion from Director Lewellen, seconded by Director Shackelford,
which was unanimously adopted by voice vote of the Board members
present, the Consent Agenda was dispensed with as follows: (a) Minutes
of the previous Board of Directors meeting held October 15, 1991 were
approved as written and distributed to the Board of Directors; (b) The
Comparative Statement of Income Account of the Little Rock Municipal
Water Works for the month of September, 1991 was received and filed;
(c) The Abstract of Votes of the Special Election held October 8, 1991
on the levy of a sales and use tax and the issuance of sales and use
tax general obligation bonds for capital improvements was received and
filed; and (d, e, f, g, h and i) Resolutions No. 8,593, 81594, 81595,
8,596, 8,597 and 8,598 were read in full and adopted by unanimous
voice vote of the Board members present.
At the time allotted for Citizen Communications, four citizens
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spoke in opposition to the shooting range at Rebsamen Park on the
south end of the golf course. The first speaker was Mr. Tom Wingard,
Brightwaters Apartments at 2420 Riverfront Drive, who stated that
while paddling his kayak on the Arkansas River near the shooting
range, he heard bullets going by his head. He asked that the shooting
range be closed. In conclusion he commented that a shooting range in
a metropolitan area should be in a confined building.
The next speaker was Mr. Chester Stortz, #16 Sherrill Road, who
stated that the shooting range should be moved, totally enclosed or
closed because of the danger.
Mr. Arthur J. Kerns, #15 Sherrill Road, complained of the noise
and irritation of the shooting range.
Mr. Edwin Garner, #18 Sherrill Road, said the shooting range
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constitutes a public nuisance because the noise and danger disturb the
peace. He also suggested the range be enclosed.
Vice Mayor Dailey asked that the shooting range be discussed at
an Agenda Meeting, for possible action by the Board of Directors.
A public hearing had been scheduled for this time and place by
Resolution No. 8,584, adopted October 15, 1991, on the petition filed
by Mr. Louis Schaufele for Carolyn Schaufele, to vacate and close
Alamo Circle between Chenal Parkway and Shadecrest Drive in Montclair
Heights Subdivision of the City of Little Rock, Arkansas. Notice of
public hearing was duly published on October 21, 1991, and October 28,
1991. The proposal received the approval of the Planning Commission
on September 24, 1991. Attached to the petition was a certified copy
of the plat of Montclair Heights Subdivision, Part II on file in the
Pulaski County Circuit Clerk's Office, and a letter from Standard
Abstract and Title Company listing the last owners of record to
abutting property. Vice Mayor Dailey declared the public hearing
open. Mr. Richard Stephens, 707 Bowman Road, spoke in opposition to
the closing of Alamo Circle, because it would prevent any future means
of ingress and egress to the back of his property from Chenal Parkway.
Mr. Louis Schaufele, owner /applicant, stated that the street closure
was needed for development of the four lots abutting the portion of
Alamo Circle to be closed. Mr. Jim Lawson, Director of the Department
of Neighborhoods and Planning, gave a brief history of the project.
Because of the unusual tract of land and the concern for access to the
property, the closure of Alamo Circle is important for the
development. Alamo Circle is a paper plat street only and has never
been used as a street. The development will have a right -in, right -
out access to Chenal Parkway. After further discussion, Vice Mayor
Dailey declared the public hearing closed and Ordinance No. 16,113 was
presented, entitled:
AN ORDINANCE VACATING AND CLOSING ALAMO CIRCLE BETWEEN CHENAL
PARKWAY AND SHADECREST DRIVE IN MONTCLAIR HEIGHTS SUBDIVISION, PART II
OF THE CITY OF LITTLE ROCK, ARKANSAS.
and there was a first reading of the Ordinance. The rules were then
suspended and the Ordinance placed on second reading by motion from
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Resolution No. 8,585 adopted October 15, 1991, scheduled a public
hearing on the petition from Frank B. Whitbeck and Ben Allen to
vacate a public utility easement in Lot 1R of Signature Subdivision of
the City of Little Rock, Arkansas. Notice of public hearing was duly
published on October 21 and 28, 1991. Attached to the petition was a
certified copy of the plat from the Pulaski County Circuit Clerk's
office and a letter from Pulaski County Title Company listing the last
apparent owners of record of abutting property. The public hearing
was then declared open and with no one present who wished to speak in
' opposition to the proposed closing, the public hearing was declared
closed and Ordinance No. 16,114 was introduced, described as:
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN LOT 1R OF
SIGNATURE SUBDIVISION OF THE CITY OF LITTLE ROCK, ARKANSAS.
and there was a first reading of the Ordinance. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Lewellen and seconded by Director Shackelford, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Hollingsworth that the rules again be
suspended and the Ordinance be placed on third and final reading.
Director Roy seconded the motion which was adopted by unanimous vote
of the 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 ensued followed by an Aye
and No Vote taken on passage of the Ordinance, with the results
recorded as follows: Ayes - Directors Catlett, Roy, Hollingsworth,
Lewellen, Shackelford and Vice Mayor Dailey - total 6; Noes - None;
Absent - Mayor Priest - total 1. Whereupon, the Ordinance was
declared PASSED.
(I I) The next presentation was Ordinance No. 16,115, with the title
being:
AN ORDINANCE AMENDING CHAPTER 22 AND CHAPTER 32 OF THE
LITTLE ROCK CODE OF ORDINANCES, ESTABLISHING REGULATIONS FOR THE
SAFETY OF CITIZENS USING CITY PARKS, FOR THE MAINTENANCE OF CITY PARK
PROPERTY AND FOR THE PROTECTION OF ANIMALS IN CITY PARKS AND THE ZOO,
DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES.
(NOTE: Prohibits swimming in the Arkansas River within boundaries of
City parks.)
and there was a first reading of the Ordinance. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Lewellen and seconded by Director Shackelford, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Hollingsworth that the rules again be
suspended and the Ordinance be placed on third and final reading.
Director Roy seconded the motion which was adopted by unanimous vote
of the 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 ensued followed by an Aye
and No Vote taken on passage of the Ordinance, with the results
recorded as follows: Ayes - Directors Catlett, Roy, Hollingsworth,
Lewellen, Shackelford, and Vice Mayor Dailey - total 6; Noes - None;
Absent - Mayor Priest - total 1.
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Minutes - November 5, 1991
'
Director Hollingsworth and seconded by Director Lewellen, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Lewellen that the rules again be
suspended and the Ordinance be placed on third and final reading.
Director Roy seconded the motion which was adopted by unanimous vote
of the 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 ensued followed by an Aye
and No Vote taken on passage of the Ordinance, with the results
recorded as follows: Ayes - Directors Catlett, Roy, Hollingsworth,
Shackelford and Vice Mayor Dailey - total 5; Noes - Director Lewellen
- total 1; Absent - Mayor Priest - total 1. Whereupon, the Ordinance
was declared PASSED.
Resolution No. 8,585 adopted October 15, 1991, scheduled a public
hearing on the petition from Frank B. Whitbeck and Ben Allen to
vacate a public utility easement in Lot 1R of Signature Subdivision of
the City of Little Rock, Arkansas. Notice of public hearing was duly
published on October 21 and 28, 1991. Attached to the petition was a
certified copy of the plat from the Pulaski County Circuit Clerk's
office and a letter from Pulaski County Title Company listing the last
apparent owners of record of abutting property. The public hearing
was then declared open and with no one present who wished to speak in
' opposition to the proposed closing, the public hearing was declared
closed and Ordinance No. 16,114 was introduced, described as:
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN LOT 1R OF
SIGNATURE SUBDIVISION OF THE CITY OF LITTLE ROCK, ARKANSAS.
and there was a first reading of the Ordinance. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Lewellen and seconded by Director Shackelford, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Hollingsworth that the rules again be
suspended and the Ordinance be placed on third and final reading.
Director Roy seconded the motion which was adopted by unanimous vote
of the 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 ensued followed by an Aye
and No Vote taken on passage of the Ordinance, with the results
recorded as follows: Ayes - Directors Catlett, Roy, Hollingsworth,
Lewellen, Shackelford and Vice Mayor Dailey - total 6; Noes - None;
Absent - Mayor Priest - total 1. Whereupon, the Ordinance was
declared PASSED.
(I I) The next presentation was Ordinance No. 16,115, with the title
being:
AN ORDINANCE AMENDING CHAPTER 22 AND CHAPTER 32 OF THE
LITTLE ROCK CODE OF ORDINANCES, ESTABLISHING REGULATIONS FOR THE
SAFETY OF CITIZENS USING CITY PARKS, FOR THE MAINTENANCE OF CITY PARK
PROPERTY AND FOR THE PROTECTION OF ANIMALS IN CITY PARKS AND THE ZOO,
DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES.
(NOTE: Prohibits swimming in the Arkansas River within boundaries of
City parks.)
and there was a first reading of the Ordinance. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Lewellen and seconded by Director Shackelford, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Hollingsworth that the rules again be
suspended and the Ordinance be placed on third and final reading.
Director Roy seconded the motion which was adopted by unanimous vote
of the 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 ensued followed by an Aye
and No Vote taken on passage of the Ordinance, with the results
recorded as follows: Ayes - Directors Catlett, Roy, Hollingsworth,
Lewellen, Shackelford, and Vice Mayor Dailey - total 6; Noes - None;
Absent - Mayor Priest - total 1.
it
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Minutes - November 5, 1991 4
i
The Emergency Clause contained in Section 11 of the foregoing
,
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Catlett, Roy, Hollingsworth, Lewellen, Shackelford,
and Vice Mayor Dailey - total 6; Noes - None; Absent - Mayor Priest
- total 1. Therefore, the Ordinance, together with the Emergency
Section, was then declared PASSED.
The following four proposed Utility Franchise Ordinances appeared
on the Agenda, but were deferred until November 19, 1991 for further
review by City Attorney Tom Carpenter:
AN ORDINANCE AMENDING IN PART ORDINANCE NO. 11,366 TO
PROVIDE FOR LEVYING A FRANCHISE FEE TO BE PAID BY ARKANSAS LOUISIANA
GAS COMPANY FOR THE YEAR 1992; PROVIDING FOR THE PAYMENT THEREOF.
AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT OF
FEES AND CHARGES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS BY
ARKANSAS POWER AND LIGHT COMPANY AND THE METHOD OF PAYMENT THEREOF
BEGINNING IN 1992; AMENDING SECTION 9 OF ORDINANCE NO. 11,683; AND FOR
OTHER PURPOSES.
AN ORDINANCE LEVYING ADDITIONAL FRANCHISE FEES TO BE PAID BY
SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR 1992; AND PROVIDING
FOR THE PAYMENT THEREOF,
AN ORDINANCE FIXING AND IMPOSING THE AMOUNT OF FEES AND
CHARGES TO BE PAID TO THE CITY OF LITTLE ROCK, ARKANSAS BY ALL
;
COMPANIES THAT PROVIDE INTERSTATE OR INTERASTATE LONG DISTANCE
TELECOMMUNICATION SERVICE, AND ALL BUSINESS INCIDENTAL TO OR CONNECTED
WITH THE CONDUCTING OF SUCH TELEPHONE BUSINESS IN THE CITY OF LITTLE
ROCK, ARKANSAS; AMENDING SECTION 3 OF ORDINANCE NO. 15,706; AND FOR
OTHER PURPOSES.
A public hearing had been scheduled for this time and place by
Resolution No. 8,586, adopted October 15, 1991, on the issuance of
Mortgage Revenue Refunding Bonds not to exceed $3,500,000 principal
amount by the City of Little Rock Residential and .Public Facilities
Board for the Kanis Place Apartments Project. Notice of public
hearing was published in the Arkansas Democrat on October 19, 1991.
Vice Mayor Dailey declared the public hearing open. Mr. George
Campbell of the Rose Law Firm, Bond Counsel for the project, made a
brief presentation, stating that the property owner, Kanis Properties,
Ltd., had requested the refunding of the bonds to comply with the
request of the U. S. Department of Housing and Urban Development (HUD)
that bonds related to Section 8 projects be refunded in order to
obtain a savings and interest expense and permit the renegotiation of
the amount of payments made under the Section 8 program by HUD to the
owner. No one spoke in opposition to the issuance of the bonds. vice
Mayor Dailey then declared the public hearing closed and Resolution
No. 8,599 was presented, with the title being:
A RESOLUTION APPROVING THE ISSUANCE BY THE CITY OF LITTLE ROCK,
ARKANSAS RESIDENTIAL HOUSING AND PUBLIC FACILITIES BOARD OF NOT TO
EXCEED $3,500,000 PRINCIPAL AMOUNT OF MORTGAGE REVENUE REFUNDING
,
BONDS. (Kanis Place Apartments Project.)
and there was a complete reading of the Resolution. A motion was made
by Director Lewellen, seconded by Director Shackelford, that the
Resolution be adopted. The Resolution was adopted by unanimous voice
vote of the Board Members present.
Consideration was then given to Resolution No. 8,600, entitled:
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT
WITH PULASKI COUNTY, ARKANSAS TO PROVIDE HEALTH SERVICES, APPORTION
THE COSTS FOR THE PULASKI COUNTY HEALTH DEPARTMENT, AND FOR OTHER
PURPOSES.
(Re: Construction and operation of a new County Health Facility at 1-
630 and Pine Street.)
and the Resolution was read in full. A motion was made by Director
Lewellen, seconded by Director Shackelford, that the Resolution be
adopted. The Resolution was adopted by unanimous voice vote of the
Board Members present.
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Minutes - November 5, 1991
The next matter
did not appear on the
it for consideration,
to be considered was Resolution No. 8,601, which
Agenda, but the Board Members agreed to present
with the title being:
A RESOLUTION APPROVING AN AMENDMENT OF A HOUSING ASSISTANCE PLAN
TO INCLUDE SECTION 8 PROJECT BASED CERTIFICATES FOR THE LITTLE ROCK
HOUSING AUTHORITY.
and the Resolution was read in full. There was a motion by Director
Lewellen, seconded by Director Shackelford, to adopt the Resolution.
The Resolution was adopted unanimously by voice vote of the Board
Members present.
(Director Shackelford was excused at 7:07 o'clock P.M.)
Also added to the Agenda was Resolution No. 8,602, entitled;,
5
A RESOLUTION EXPRESSING AN INTENT TO USE ECONOMIC DEVELOPMENT
FUNDS TO ENHANCE PROPERTY AT THE AIRPORT TO ATTRACT AND DEVELCT AN
AEROSPACE MUSEUM AND EDUCATION CENTER.
Director Hollingsworth asked Mr. Dick Holbert to explain why the City
of Little Rock needs to make this commitment to aid the Airport in
conjunction with the aerospace center. Mr. Holbert, President of
Central Flying Service and Chairman of the Board of Arkansas Aviation
Historical Society, stated that the Arkansas Aviation Historical
Society is sponsoring the museum portion of the Aerospace Project and
is in the process of raising 6.5 million dollars as a goal for the
museum. The Little Rock School District will fund the aerospace
magnet school and has allocated six million dollars for the
construction of that school. Mr. Holbert stated that timing is
extremely important and the $500,000 commitment by the City of Little
Rock will make a definite show of support and will aid in fund raising
for the proposed aerospace museum. After the reading ofd the
Resolution, there was a motion by Director Hollingsworth, seconded by
Director Lewellen, to adopt the Resolution. The Resolution was
adopted unanimously by voice vote of the Board Members present.
Director Lewellen asked that Mr. Jim Harris, 10212 Woodbridge, be
permitted to address the Board of Directors at this time, since h'e was
not present during Citizen Communications. Mr. Harris presented Board
Members with copies of proposed legislation before the U. S. Congress
regarding medical waste incineration, and other documents relatiad to
the EnviroCorp incinerator. He stated that he was trying to stop the
EnviroCorp medical waste incinerator from going in at 2923 West', 60th
Street. He noted that the Bill of Assurance for the property prohibits
incinerators ( "any objectionable smoke, dust or noise other than
normally found in a manufacturing, industrial, distribution and
warehousing area. ") He asked that the City Attorney investigate the
possibility of revoking the permit based on the fact it is against the
Bill of Assurance. If the permit can't be revoked, he asked that a
moratorium be placed on the construction of the incinerator until the
new EPA regulations come out in September, 1992, which will be, very
restrictive and will give better control on the quality of air
pollution. After comments by Board Members, Vice Mayor Dailey asked
City Attorney Tom Carpenter to review the material and make a report
to the Board of Directors for possible discussion at the next Agenda
Meeting.
There being no further business to be presented, Vice Mayor
Dailey declared the meeting adjourned at 7:30 o'clock P.M., with the
Board of Directors to convene in regular session on Tuesday, November
19, 1991, at 6:00 o'clock P.M.
ATTEST: APPROVED:
Q"44111 C4. o�
City Clerk Robbie Hancock Vi Mayor Jim Dail
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NOTE: Prior to the Board of Directors Meeting, there was a public
iforum for citizen input on the 1992 Budget.
Board of Directors Chamber
Little Rock, Arkansas
November 19, 1991 - 6:10 P.M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Sharon Priest presiding. City Clerk
Robbie Hancock called the roll with the following Directors present:
Directors Hollingsworth, Lewellen, Shackelford, Dailey and Catlett -
total 5; Absent - Director Roy - total 1.
Mayor Priest announced that a quorum was present and the
proceedings of the meeting are recorded as follows:
The Invocation was given by Mayor Priest.
The Consent Agenda was the first presentation, consisting of the
following items:
(a) The approval of the Minutes of the previous Board of
Directors Meeting held November 5, 1991.
(b) Resolution No. 8,603, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT TO THE
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THE COMPREHENSIVE
HOUSING AFFORDABILITY STRATEGY (CHAS HOUSING STRATEGY).
(c) Resolution No. 81604, described as:
A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF
LITTLE ROCK TO COOPERATE IN A PROGRAM REGARDING WARNING SIGNS AT
BRIDGES.
(d) Resolution No. 8,605, with the title being:
A RESOLUTION PROVIDING FOR THE RENAMING OF VARIOUS STREETS
WITHIN THE MABELVALE NEIGHBORHOOD AND REMOVING CONFLICT WITH OTHER
EXISTING STREETS.
(e) Resolution No. 8,606, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
CONTRACT WITH THE DEPARTMENT OF THE INTERIOR, GEOLOGICAL SURVEY (USGS)
FOR TECHNICAL SERVICES RELATED TO THE EPA PERMIT FOR STORMWATER RUNOFF
FOR A COST NOT TO EXCEEED $24,000 FOR THE FIRST QUARTER OF FEDERAL
FISCAL YEAR 1992; TO DIRECT THAT THE CITY ATTORNEY WORK OUT THE
DETAILS OF SUCH AGREEMENT; AND FOR OTHER PURPOSES.
(f) Resolution No. 8,607, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
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, 1992.
(g) Resolution No. 8,608, described as:
A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FROM THE
1988 CAPITAL IMPROVEMENT BOND PROJECT FOR IMPROVEMENTS TO HISTORIC
BUILDING FACADES AS APPROVED IN THE CENTRAL BUSINESS DISTRICT.
($30,000 - Union Train Station - Markham & Victory Streets.)
(h) Resolution No. 81609, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH METROPOLITAN NATIONAL BANK FOR CITY BANKING SERVICES FOR
1992.
By a motion from Director Dailey, seconded by Director Lewellen, which
was unanimously adopted by the Board Members present, the Consent
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Minutes - November 19, 1991
' Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held November 5, 1991, were approved as written and
distributed to members of the Board of Directors; and (b, c, d, e, f,
g and h) Resolutions No. 8,603, 8,604, 8,605, 81606, 8,607, 8,608 and
8,609 were read in full and adopted by unanimous voice vote of the
Board Members present.
Mayor Priest announced that Item
entitled: " AN ORDINANCE AMENDING CHAPTER
OF THE CITY OF LITTLE ROCK, ARKANSAS
SIDEWALKS AND STREET IMPROVEMENTS REQI
ADDITION, LOTS 1, 2 AND 3 ") was deferred
review by the City Attorney.
#6 (a proposed Ordinance
31 OF THE CODE OF ORDINANCES
PROVIDING FOR A WAIVER OF
]IREMENTS FOR JOHN B. MAY
until December 3, 1991, for
2
At the time allotted for Citizen Communications, the first
speaker was Mr. Dan Baker, 16 Towne Park Court, rental property
consultant. Mr. Baker presented Board Members with a four step
outline of demands to change the City of Little Rock into a drug free
city - (1) establish a curfew for all juveniles under 18; (2)
establish a rental inspection program to inspect all rental property
for drugs; (3) get police officers out of cars to interrogate people
most likely to cause crime; and (4) the Board of Directors should
dictate to staff.
The next speaker was Mr. Frank Daley, #6 Buckthorn Road, a
commissioner of Sewer Improvement District No. 147. Mr. Daley again
asked the Board of Directors to assist residents in SID #147 with
sewer service line connections and to contribute $150,000 to reduce
the bond issue. (See Minutes of December 4, 1990). He stated that
the attorney's fee for the district was too high and SID #147 would
not pay it.
Director Shackelford asked City Attorney Tom Carpenter to give a
background briefing of the incidents involving Mr. Dan Baker and Mr.
Frank Daley. Mr. Carpenter briefed Board Members on litigation
involving Mr. Baker concerning various properties in Little Rock as
well as litigation involving Mr. Daley and Sewer Improvement District
No. 147.
The last speaker at Citizen Communications time was Ms. Diane
Davis, 3000 Chester Street, president of the South End Neighborhood
Association. Ms. Davis expressed concern that only $300,000 is left
of the $3,000,000 CDBG fund for housing, and she questioned the
effectiveness of the program with so little money left. She also
stated that the South End Neighborhood Crime Watch Program had a
problem with the City regarding the crime watch signs. Two crime
watch areas merged and residents bought signs to be placed throughout
the area, then were told by City officials that the neighborhood crime
watch area was too large and that the signs were to be placed around
the border of the area rather than throughout the area. Ms. Davis
said the South End Neighborhood Association supports additional police
officers, but members were concerned about the Alert Center at 20th
and Arch Streets. Mayor Priest noted that Ms. Davis had met with
someone from the Police Department and a representative of the
Department of Neighborhoods and Planning. Ms. Davis stated that some
of the problems had been resolved. Mayor Priest asked City Manager
Tom Dalton to provide the Board with a report on these issues.
Consideration was then given to Ordinance No. 16,116, entitled:
AN ORDINANCE AMENDING CHAPTERS 36 AND 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR VARIOUS
LANGUAGE AND DEFINITION MODIFICATIONS AND OTHER PURPOSES;
(Amending the Zoning Code (Chapter 36) and the Subdivision Code
(Chapter 31) of the Little Rock City Code Revised 1988.)
and the Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Dailey, seconded by Director Lewellen, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Lewellen that the rules again be
suspended and the Ordinance placed on third and final reading.
Director Hollingsworth seconded the motion which was adopted by
unanimous vote of the members of the Board of Directors present, being
six in number and two- thirds or more of the members of the Board of
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Minutes - November 19, 1991 3
Directors - elect. City Attorney Tom Carpenter noted that the proposed
,
Ordinance should be amended to change the word "must" to "shall." A
`
motion was made by Director Hollingsworth, and seconded by Director
Dailey, that the Ordinance be amended to change the word "must" to
"shall" throughout the Ordinance. The motion was adopted by
unanimous voice vote of the Board Members present. There was a third
and final reading of the Ordinance, as amended, followed by an Aye and
No Vote taken on passage of the Ordinance, which resulted as follows:
Ayes - Mayor Priest, Directors Hollingsworth, Lewellen, Shackelford,
Dailey and Catlett - total 6; Noes - None; Absent - Director Roy -
total 1. The Ordinance, as amended, was then declared PASSED.
The next presentation was Ordinance No. 16,117, described as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PID DISTRICT TITLED CLARK STANCIL (Z- 1412 -B) 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;
I
(Z- 1412 -B - To rezone property located at the southwest corner of
Security Street and East 15th Street (Lots 39 and 40 and south 1/2 of
East 16th Street lying adjacent to Lot 40, Garden Homes Addition) from
"I -2" Light Industrial, 'C -3" General Commercial and "0-3" General
Office Districts to "PID" Planned Industrial District.)
and the Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Dailey, seconded by Director Lewellen, which 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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Lewellen that the rules again be
suspended and the Ordinance placed on third and final reading.
Director Hollingsworth seconded the motion which was adopted by
unanimous vote of the 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. There was a third and final reading of the
Ordinance, followed by an Aye and No Vote taken on passage of the
Ordinance which resulted as follows: Ayes - Mayor Priest, Directors
Hollingsworth, Lewellen, Shackelford, Dailey and Catlett - total 6;
Noes - None; Absent - Director Roy - total 1. The Ordinance was then
declared PASSED.
The next matter to be considered was Ordinance No. 16,118, with
the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF SIDEWALKS,
STREET IMPROVEMENTS AND DRAINAGE REQUIREMENTS FOR LOT 34 AND 34R
SPRING VALLEY MANOR SUBDIVISION;
(S -924 -A - Located at #24 Vista Drive.)
and the Ordinance was read the first time. The rules were then
,
suspended and the Ordinance placed on second reading by motion from
Director Dailey, seconded by Director Lewellen, which was unanimously
T
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. Upon second reading of the Ordinance, there was a
subsequent motion by Director Lewellen that the rules again be
suspended and the Ordinance placed on third and final reading.
Director Hollingsworth seconded the motion which was adopted by
unanimous vote of the 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. There was a third and final reading of the
Ordinance, followed by an Aye and No Vote taken on passage of the
Ordinance which resulted as follows: Ayes - Mayor Priest, Directors
Hollingsworth, Lewellen, Shackelford, Dailey and Catlett - total 6;
Noes - None; Absent - Director Roy - total 1. The Ordinance was then
declared PASSED.
Consideration was then given to a proposed Ordinance entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED DOUBLE QUICK (Z- 5260 -B) 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;
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Minutes - November 19, 1991 4
(Z- 5260 -B - To rezone 8521 Scott Hamilton Drive {long legal
description) from "R -2' Single - family District to "PCD° Planned
Commercial District.)
Mr. Jim Lawson, Director of the Department of Neighborhoods and
Planning, made a presentation, giving a brief history of the three
previous requests to rezone this property, which were denied by the
Board of Directors. Mr. Lawson explained that Staff is opposed to the
PCD because of the concern with Scott Hamilton Drive. The Land Use
Plan shows "C -3" General Commercial north of this property and any
other commercial rezoning south of that property would result in strip
zoning down Scott Hamilton to Baseline Road. As the Land Use Plan was
amended prior to the rezoning the the property to the north, Staff
recommended this site be shown as office type use. Mr. Lawson
explained the Land Use Plan and stated the City must create a demand
for quality development in southwest Little Rock. Mr. Terry Burruss,
1617 Battery Street, architect for the developer Hiatham K. Alley,
spoke in support of the PCD, explaining that this short form PCD is
for only the front 250 feet of the property. Mr. Danny Sullivan, 5901
Palo Alto Drive, a real estate agent for McDaniel Realty, spoke in
opposition to the proposed PCD. He expressed concern for the need for
another convenience store in this area since there are two vacant
convenience stores in the area now. He also felt this would open the
way for strip zoning and would decrease the value of the adjacent
properties. Mr. Hiatham K. Alley, 8509 Scott Hamilton, the
' developer, advised Board Members that the two closed convenience
stores had EPA problems. He also stated that people are willing to
put offices next to convenience store developments. Following the
lengthy discussion and comments from Board Members, the proposed
Ordinance was read the first time. The rules were then suspended and
the Ordinance placed on second reading by motion from Director
Dailey. The motion was seconded by Director Shackelford and
unanimously adopted by the 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. There was a second reading of the Ordinance
followed by a subsequent motion made and seconded by Directors
Lewellen and Shackelford, respectively, to again suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being six in number
and two - thirds or more of the members of the Board of Directors - elect.
The third and last reading of the Ordinance ensued. The Aye and No
Vote taken on the passage of the Ordinance received the following
response: Ayes - Directors Lewellen and Dailey - total 2; Noes - Mayor
Priest, Directors Hollingsworth, Shackelford and Catlett - total 4;
Absent - Director Roy - total 1. Mayor Priest then announced that the
Ordinance had FAILED TO PASS.
The next presentation was a proposed Ordinance entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PRD DISTRICT TITLED KAROLSON MANOR APARTMENTS, PHASE II
(Z -5498) 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 -5498 - To rezone Lot 12, Block 7, Woodruff Addition (1022 East 8th
Street) from "R -4' Two - family District to 'PRD" Planned Residential
District.)
and after a brief discussion, the proposed Ordinance was deferred
until the December 3, 1991, Board of Directors Meeting at the request
of Director Shackelford.
Consideration was then given to Ordinance No. 16,119, described
as:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO RENEW THE CONTRACT
WITH PRUDENTIAL INSURANCE COMPANY OF AMERICA TO PROVIDE CITY EMPLOYEES
HEALTH AND LIFE INSURANCE BENEFITS FOR A ONE YEAR PERIOD COMMENCING
JANUARY 1, 1992; AND FOR OTHER PURPOSES;
and after a first reading of the Ordinance, there was a motion by
Director Hollingsworth, seconded by Director Lewellen, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
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667
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Minutes - November 19, 1991
Lewellen and Dailey, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being six 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. The Aye and
No Vote taken on the passage of the Ordinance received the following
response: Ayes - Mayor Priest, Directors Hollingsworth, Lewellen,
Shackelford, Dailey and Catlett - total 6; Noes - None; Absent -
Director Roy - total 1. The Ordinance was then declared PASSED.
Ordinance No. 16,120 was the next presentation, with the title
being;
AN ORDINANCE AMENDING IN PART ORDINANCE NO. 11,366 TO PROVIDE FOR
LEVYING A FRANCHISE FEE TO BE PAID BY ARKANSAS LOUISIANA GAS COMPANY
FOR THE YEAR 1992; AND PROVIDING FOR THE PAYMENT THEREOF;
and after a first reading of the Ordinance, there was a motion by
Director Hollingsworth, seconded by Director Lewellen, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Lewellen and Dailey, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being six 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. The Aye and
No Vote taken on the passage of the Ordinance received the following
response: Ayes - Mayor Priest, Directors Hollingsworth, Lewellen,
Shackelford, Dailey and Catlett - total 6; Noes - None; Absent -
Director Roy - total 1. The Ordinance was then declared PASSED.
The next presentation was Ordinance No. 16,121, with the title
being:
AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT OF FEES AND
CHARGES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS BY ARKANSAS POWER
AND LIGHT COMPANY AND THE METHOD OF PAYMENT THEREOF BEGINNING IN 1992;
AMENDING SECTION 9 OF ORDINANCE NO. 11,683, AND FOR OTHER PURPOSES;
and after a first reading of the Ordinance, there was a motion by
Director Hollingsworth, seconded by Director Lewellen, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Lewellen and Dailey, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being six 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. The Aye and
No Vote taken on the passage of the Ordinance received the following
response: Ayes - Mayor Priest, Directors Hollingsworth, Lewellen,
Shackelford, Dailey and Catlett - total 6; Noes - None; Absent -
Director Roy - total 1. The Ordinance was then declared PASSED,
Consideration was then given to Ordinance No. 16,122, entitled:
AN ORDINANCE LEVYING FRANCHISE FEES TO BE PAID BY SOUTHWESTERN
BELL TELEPHONE COMPANY FOR THE YEAR 1992; AND PROVIDING FOR THE
PAYMENT THEREOF;
and after a first reading of the Ordinance, there was a motion by
Director Hollingsworth, seconded by Director Lewellen, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Lewellen and Dailey, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being six 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. The Aye and
No Vote taken on the passage of the Ordinance received the following
1
Minutes - November 19, 1991
' response: Ayes - Mayor Priest, Directors Hollingsworth, Lewellen,
Shackelford, Dailey and Catlett - total 6; Noes - None; Absent -
Director Roy - total 1. The Ordinance was then declared PASSED.
Ordinance No. 16,123 was considered next, with the title being:
AN ORDINANCE FIXING AND IMPOSING THE AMOUNT OF FEES AND CHARGES
TO BE PAID TO THE CITY OF LITTLE ROCK, ARKANSAS BY ALL COMPANIES THAT
PROVIDE INTERSTATE OR INTRASTATE LONG DISTANCE TELECOMMUNICATION
SERVICE, AND ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH THE
CONDUCTING OF SUCH TELEPHONE BUSINESS IN THE CITY OF LITTLE ROCK,
ARKANSAS; AMENDING SECTION 3 OF ORDINANCE NO. 15,706; AND FOR OTHER
PURPOSES;
and after a first reading of the Ordinance, there was a motion by
Director Hollingsworth, seconded by Director Lewellen, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Lewellen and Dailey, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being six 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. The Aye and
No Vote taken on the passage of the Ordinance received the following
response: Ayes - Mayor Priest, Directors Hollingsworth, Lewellen,
Shackelford, Dailey and Catlett - total 6; Noes - None; Absent -
Director Roy - total 1. The Ordinance was then declared PASSED.
The next presentation was Ordinance No. 15,124, entitled:
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;
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Mayor Priest, Directors Hollingsworth, Lewellen, Shackelford,
Dailey and Catlett - total 6; Noes - None; Absent - Director Roy -
total 1. Therefore, the Ordinance, together with the Emergency
Section, was then declared PASSED.
The next presentation was Ordinance No. 16,125, with the title
being:
AN ORDINANCE TO CLARIFY THE EXTRATERRITORIAL BOUNDARIES FOR THE
CITY OF LITTLE ROCK, AND TO AMEND THE WATER SERVICES AGREEMENT WITH
THE CITY OF BRYANT TO REFLECT THOSE BOUNDARIES;
and after a first reading of the Ordinance, there was a motion by
Director Hollingsworth, seconded by Director Lewellen, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Lewellen and Dailey, respectively, to further suspend the rules and
News
and after a first reading of the Ordinance, there was a motion by
Director Hollingsworth, seconded by Director Lewellen, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Lewellen and Dailey, respectively, to further suspend the rules and
place the Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being six 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. The Aye and
No Vote taken on the passage of the Ordinance received the following
response: Ayes - Mayor Priest, Directors Hollingsworth, Lewellen,
'
Shackelford, Dailey and Catlett - total 6; Noes - None; Absent -
Director Roy - 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 - Mayor Priest, Directors Hollingsworth, Lewellen, Shackelford,
Dailey and Catlett - total 6; Noes - None; Absent - Director Roy -
total 1. Therefore, the Ordinance, together with the Emergency
Section, was then declared PASSED.
The next presentation was Ordinance No. 16,125, with the title
being:
AN ORDINANCE TO CLARIFY THE EXTRATERRITORIAL BOUNDARIES FOR THE
CITY OF LITTLE ROCK, AND TO AMEND THE WATER SERVICES AGREEMENT WITH
THE CITY OF BRYANT TO REFLECT THOSE BOUNDARIES;
and after a first reading of the Ordinance, there was a motion by
Director Hollingsworth, seconded by Director Lewellen, to suspend the
rules and place the Ordinance on second reading. 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. There was a second reading of the Ordinance,
followed by a subsequent motion made and seconded by Directors
Lewellen and Dailey, respectively, to further suspend the rules and
News
670
Minutes - November 19, 1991 7
place the Ordinance on third and final reading. The motion received
'
unanimous adoption by the Board Members present, being six 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. The Aye and
No Vote taken on the passage of the Ordinance received the following
response: Ayes - Mayor Priest, Directors Hollingsworth, Lewellen,
Shackelford, Dailey and Catlett - total 6; Noes - None; Absent -
Director Roy - total 1.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Mayor Priest, Directors Hollingsworth, Lewellen, Shackelford,
Dailey and Catlett - total 6; Noes - None; Absent - Director Roy -
total 1. Therefore, the Ordinance, together with the Emergency
Section, was then declared PASSED.
At 8:00 o'clock P.M. Mayor Priest announced that the Board of
Directors would recess to Executive Session in the Board's Conference
Room for the purpose of considering appointments and reappointments to
various Boards and Commissions.
i
When the Board of Directors reconvened at 9:20 o'clock P.M. from
Executive Session, Mayor Priest presided and the following Directors
were present: Directors Hollingsworth, Lewellen, Shackelford, Dailey
and Catlett - total 5; Absent - Director Roy - total 1..
Resolution No. 8,610 was then presented, with the title being:
'
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE
ARKANSAS ARTS CENTER BOARD OF TRUSTEES, ARTS AND HUMANITIES PROMOTION
COMMISSION, BOARD OF ADJUSTMENT, BOARD OF ELECTRICAL CODE APPEALS,
CENTRAL ARKANSAS TRANSIT AUTHORITY BOARD, CITY BEAUTIFUL COMMISSION,
LITTLE ROCK PLANNING COMMISSION, AND THE WATER COMMISSION;
(Arts Center - William Clark appointed; Arts & Humanities - George
Wittenberg, III appointed; Board of Adjustment - Reg Crane reinstated;
Electrical Code - Don Thompson reappointed; Central Arkansas Transit -
Sheila Freeman appointed; City Beautiful - Ross McCain reappointed and
Josephine Graham appointed; Planning Commission - Jim VonTungeln and
Emmett Willis appointed, John McDaniel and Kathleen Oleson
reappointed, and Diane Chachere reinstated; Water Commission - Craig
Wood reappointed.)
and the Resolution was read in full. A motion was made by Director
Dailey, seconded by Director Lewellen, that the Resolution be adopted.
The resolution was adopted by unanimous voice vote of the Board
Members present.
There being no further business to be presented, Mayor Priest
declared the meeting adjourned at 9:25 o'clock P.M., with the Board of
Directors to convene in regular session on Tuesday, December 3, 1991,
at 6:00 o'clock P.M.
ATTEST: APPROVED:
City Clerk Robbie Hancock Mayor Sharon Priest
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1
NOTE: Prior to the Board of Directors Meeting, there
,was a public forum for citizen input on the 1992 Budget.
Board of Directors Chambers
Little Rock, Arkansas
December 3, 1991 - 6:15 P.M.
The Board of Directors of the City of Little Rock, Arkansas, met
in regular session with Mayor Sharon Priest presiding. City Clerk
Robbie Hancock called the roll with the following Directors present:
Directors Roy, Hollingsworth, Lewellen, and Catlett - total 4; Absent
- Directors Dailey and Shackelford. - total 2.
With a quorum present, Mayor Priest declared the Board of
Directors in session.
The Invocation was given by Director Roy.
The Consent Agenda was then presented, consisting of the
following items:
(a) The approval of the Minutes of the previous Board of
Directors Meeting held November 19, 1991.
(b) Resolution No. 8,611, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A PERMANENT RIGHT -OF -WAY PERMIT TO RELOCATE OVERHEAD ELECTRICAL
UTILITIES ON CITY LAND FOR THE USE AND BENEFIT OF ARKANSAS POWER AND
LIGHT COMPANY. (Jacuzzi Brothers - 11511 New Benton Highway).
(c) Resolution No. 8,612, with the title being:
A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION TO
VACATE A PUBLIC UTILITY EASEMENT IN LOT 33 OF PLEASANT VALLEY ESTATES
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (December 17, 1991.)
(d) Resolution No. 8,613, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR THE PURCHASE OF A BOBCAT LOADER AND THE ANNUAL
CONTRACT FOR TIRES AND TUBES FOR THE DEPARTMENT OF GENERAL
SERVICES /FLEET SERVICES DIVISION.
(e) Resolution No. 8,614, entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF QUALITY FOODS, INC. TO
PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM. (4901 Asher
' Avenue).
(f) Resolution No. 8,615 was added to the Consent Agenda at
the request of Mayor Priest, with the title being:
A RESOLUTION MAKING AN APPOINTMENT TO THE MOTION PICTURE AND
TELEVISION COMMISSION. (Mr. Paul Rice.)
(Director Shackelford was enrolled at 6:18 P.M.)
By motion from Director Lewellen, seconded by Director Roy, which was
adopted by unanimous vote of the Board Members present, the Consent
Agenda was dispensed with as follows: (a) The Minutes of the previous
meeting held November 19, 1991 were approved as written and
distributed to members of the Board of Directors; (b, c, d, e, and f)
Resolutions No. 8,611, 8,612, 8,613, 8,614, and 8,615 were read in
full and adopted by unanimous voice vote of the Board Members present.
At the time allotted for Citizen Communications, Mr. Paul Kinzey,
124 Hillvale Road, Alexander, Arkansas, a minister at Collegeville
Church of the Nazarene in Alexander, asked the City of Little Rock to
extend water service to the church which is located in Saline County.
Mayor Priest advised Mr. Kinzey to meet with City Manager Tom Dalton,
who would explain the water service policy /procedure.
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2
Minutes - December 3, 1991
The next speaker was Mr. Frank Daley, #6 Buckthorn Road, a
commissioner of Sewer Improvement District No. 147. He again asked
the Board of Directors for assistance in refinancing the sewer
improvement district bond issue. He said the City had promised to pay
$150,000 to reduce the bond issue. He also stated that all of the
sewer service lines have not been completed. (See Minutes of November
19, 1991.)
(Director Dailey was enrolled at 6:25 P.M.)
Zoning Application Z- 3051 -A from
Kathleen Edwards was introduced next.
and 3414 Mabelvale Pike (Lots 3 and
Addition) from "C -3" General Commercial
Commercial District was approved by
November 5, 1991. No opposition was
Ordinance No. 16,126 was considered,
caption:
J. T. Jaynes for M. G. &
The application to rezone 3412
4, Block 7, Ruebel & Leymer
District to "C -1" Neighborhood
the Planning Commission on
presented to the rezoning and
containing the following the
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- 3051 -A - To rezone 3412 & 3414 Mabelvale Pike (Lots 3 and 4, Block
7, Ruebel & Leymer Addition) from "C -3" General Commercial District to
"C -1" Neighborhood Commercial District.)
with the Ordinance being read the first time, after which there was a
motion by Director Lewellen, seconded by Director Shackelford, to
suspend the rules and place the Ordinance on second reading. The
motion was unanimously adopted by members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. There was a subsequent motion by Director Dailey, seconded
by Director Lewellen, to suspend the rules and place the Ordinance on
third and final reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
There was a third and last reading of the Ordinance, followed by an
Aye and No Vote taken on the passage of the Ordinance, which resulted
as follows: Ayes - Directors Roy, Hollingsworth, Lewellen,
Shackelford, Dailey, Catlett, and Mayor Priest - total 7; Noes -
None; Absent - None. The Ordinance was then declared PASSED.
Consideration was then given to Zoning Application Z -5490 filed
by Ron Tabor, Agent for Margaret D. King. The application requested
the reclassification of 6.12 acres at I -30 and Baseline Road (long
legal description) from "R -2" Single - family District to "C -3" General
Commercial District. The Planning Commission approved the zoning
change on November 5, 1991. No one opposed the reclassification and
Ordinance No. 16,127 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 -5490 - To rezone property at I -30 & Baseline Rd. from "R -2" Single -
family District to "C -3" General Commercial District.)
with the Ordinance being read the first time, after which there was a
motion by Director Lewellen, seconded by Director Shackelford, to
suspend the rules and place the Ordinance on second reading. The
motion was unanimously adopted by members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. There was a subsequent motion by Director Dailey, seconded
by Director Lewellen, to suspend the rules and place the Ordinance on
third and final reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect.
There was a third and last reading of the Ordinance, followed by an
Aye and No Vote taken on the passage of the Ordinance, which resulted
as follows: Ayes - Directors Roy, Hollingsworth, Lewellen,
Shackelford, Dailey, Catlett, and Mayor Priest - total 7; Noes -
None; Absent - None. The Ordinance was then declared PASSED.
1
3
Minutes - December 3, 1991
Zoning Application Z -5496 was introduced next and was filed by
Mr. David J. Jones for Eugene and Norma Jean Lockwood, to rezone 7214
Cantrell Road (Lots 3, 4, 5, 6, 7, 8 and part of Lot 9, Block 4,
Abrams Subdivision of Plunkett's Subdivision) from "C -3" General
Commercial and "R -6" High Rise Apartment Districts to "C -4" Open
Display Commercial District, amended to "C -3" General Commercial
District. The Planning Commission approved the application, as
amended, on November 5, 1991. No opposition to the reclassification
was presented, and Ordinance No. 16,128 was considered, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5496 - To rezone 7214 Cantrell Road from 'R -6' High Rise Apartment
District to 'C -3' General Commercial District.)
with the Ordinance being read the first time, after which there was a
motion by Director Lewellen, seconded by Director Shackelford, to
suspend the rules and place the Ordinance on second reading. The
motion was unanimously adopted by members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. There was a subsequent motion by Director Dailey, seconded
by Director Lewellen, to suspend the rules and place the Ordinance on
' third and final reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
There was a third and last reading of the Ordinance, followed by an
Aye and No Vote taken on the passage of the Ordinance, which resulted
as follows: Ayes - Directors Roy, Hollingsworth, Lewellen,
Shackelford, Dailey, Catlett, and Mayor Priest - total 7; Noes -
None; Absent - None. The Ordinance was then declared PASSED.
The next presentation was Zoning Application Z -5499, filed by
William B. Putnam for the Jonas Corporation to rezone property at the
intersection of Main Street and Mabelvale Pike in Mabelvale (long
legal description) from "R -2" Residential District to "C -3" General
Commerical District. The application was amended to "C -2" Shopping
Center District and "OS" Open Space District at the Planning
Commission Meeting on November 5, 1991, at which time it was approved,
as amended, by the Planning Commission. No opposition was presented
and Ordinance No. 16,129 was presented, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5499 - To rezone Main Street and Mabelvale Pike in Mabelvale from
'R -2' Single - family District to 'C -2' Shopping Center and 'OS' Open
Space Districts.)
' with the Ordinance being read the first time, after which there was a
motion by Director Lewellen, seconded by Director Shackelford, to
suspend the rules and place the Ordinance on second reading. The
motion was unanimously adopted by members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. There was a subsequent motion by Director Dailey, seconded
by Director Lewellen, to suspend the rules and place the Ordinance on
third and final reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
There was a third and last reading of the Ordinance, followed by an
Aye and No Vote taken on the passage of the Ordinance, which resulted
as follows: Ayes - Directors Roy, Hollingsworth, Lewellen,
Shackelford, Dailey, Catlett, and Mayor Priest - total 7; Noes - None;
Absent - None. The Ordinance was then declared PASSED.
The next Ordinance was No. 16,130, with the titled being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PRD DISTRICT TITLED KAROLSON MANOR APARTMENTS, PHASE II
(Z -5498) 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;
673
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Minutes - December 31 1991
(Z -5498 - From John and Vickie Karolson for a PRD District at 1022
East 8th Street - Lot 12, Block 7, Woodruff Addition.)
with the Ordinance being read the first time, after which there was a
motion by Director Lewellen, seconded by Director Shackelford, to
suspend the rules and place the Ordinance on second reading. The
motion was unanimously adopted by members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. There was a subsequent motion by Director Dailey, seconded
by Director Lewellen, to suspend the rules and place the Ordinance on
third and final reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
two- thirds or more of the members of the Board of Directors - elect.
There was a third and last reading of the Ordinance, followed by an
Aye and No Vote take on the passage of the Ordinance, which resulted
as follows: Ayes - Directors Roy, Hollingsworth, Lewellen,
Shackelford, Dailey, Catlett, and Mayor Priest - total 7; Noes -
None; Absent - None. The Ordinance was then declared PASSED.
The next matter to be considered was Ordinance No. 16,131,
entitled:
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 LOTS 1, 2, AND 3 OF THE JOHN B. MAY ADDITION;
(5 -931 - Property located at the northwest corner of West 11th and
Taylor Streets.)
with the Ordinance being read the first time, after which there was a
motion by Director Lewellen, seconded by Director Shackelford, to
suspend the rules and place the Ordinance on second reading. The
motion was unanimously adopted by members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. There was a subsequent motion by Director Dailey, seconded
by Director Lewellen, to suspend the rules and place the Ordinance on
third and final reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
There was a third and last reading of the Ordinance, followed by an
Aye and No Vote taken on the passage of the Ordinance, which resulted
as follows: Ayes - Directors Roy, Hollingsworth, Lewellen,
Shackelford, Dailey, Catlett, and Mayor Priest - total 7; Noes - None;
Absent - None. The Ordinance was then declared PASSED.
The next presentation was Ordinance No. 16,132, with the title
being:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXTEND THE CONTRACT
WITH THE MEHLBURGER FIRM OF LITTLE ROCK FOR ENGINEERING SERVICES FOR
DESIGNING A NEW CITY LANDFILL AND APPROPRIATING FUNDS, DECLARING AN
EMERGENCY;
(Contract extension not to exceed $228,810.)
with the Ordinance being read the first time, after which there was a
motion by Director Lewellen, seconded by Director Shackelford, to
suspend the rules and place the Ordinance on second reading. The
motion was unanimously adopted by members of the Board of Directors
present, being seven in number and two - thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. There was a subsequent motion by Director Dailey, seconded
by Director Lewellen, to suspend the rules and place the Ordinance on
third and final reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect. A
lengthy discussion ensued regarding the new landfill operating costs,
fee increases, once -a -week garbage collection service, phase out of
alley pick -ups, privatization and recycling. There was a third and
last reading of the Ordinance, followed by an Aye and No Vote taken
on the passage of the Ordinance, which resulted as follows: Ayes -
Directors Roy, Hollingsworth, Lewellen, Shackelford, Dailey, Catlett,
and Mayor Priest - total 7; Noes - None; Absent - None.
5
AN ORDINANCE RENEWING TAXICAB OPERATOR PERMITS FROM JANUARY 1,
1992 TO DECEMBER 31, 1994;
(Capitol Cab Company, Black & White Cab Company, and Dewey Worthey.)
with the Ordinance being read the first time, after which there was a
motion by Director Lewellen, seconded by Director Shackelford, to
suspend the rules and place the Ordinance on second reading. The
motion was unanimously adopted by members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. There was a subsequent motion by Director Dailey, second by
Director Lewellen, to suspend the rules and place the Ordinance on
third and final reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
There was a third and last reading of the Ordinance, followed by an
Aye and No Vote taken on the passage of the Ordinance, which resulted
as follows: Ayes - Directors Roy, Hollingsworth, Lewellen,
Shackelford, Dailey, Catlett, and Mayor Priest - total 7; Noes - None;
Absent - None. The Ordinance was then declared PASSED.
A lengthy discussion was held among Board Members regarding the
proposed Budget for 1992. (NOTE: The proposed Budget Ordinance did
not appear on the Agenda.) Board Members had questions for City
Manager Tom Dalton and Staff regarding various fee increases (tennis,
softball, golf, garbage), neighborhood alert centers and public
safety. The Board also discussed the possibility of withdrawing from
Metroplan.
There being no further business
Directors adjourned at 8:40 o'clock
session on Tuesday, December 17, 1991,
ATTEST:
Q0 jJ -4�.� coed
City Clerk Robbie Hancock
to be presented, the Board of
P.M. to meet again in regular
at 6:00 o'clock P.M.
APPROVED: —
Mayor Sharon Priest
675
Minutes -
December
3, 1991
'
The
Emergency
Clause contained in
Section 5 of the foregoing
Ordinance
was then
read and adopted by
the following roll call vote:
Directors
Roy, Hollingsworth, Lewellen,
Shackelford, Dailey, Catlett,
and Mayor
Priest -
total 7; Noes - None;
Absent - None. Whereupon, the
Ordinance
together
with the Emergency Section was declared PASSED.
The
last matter
to be considered
was Ordinance was No. 16,133
described
as:
AN ORDINANCE RENEWING TAXICAB OPERATOR PERMITS FROM JANUARY 1,
1992 TO DECEMBER 31, 1994;
(Capitol Cab Company, Black & White Cab Company, and Dewey Worthey.)
with the Ordinance being read the first time, after which there was a
motion by Director Lewellen, seconded by Director Shackelford, to
suspend the rules and place the Ordinance on second reading. The
motion was unanimously adopted by members of the Board of Directors
present, being seven in number and two- thirds or more of the members
of the Board of Directors - elect, and a second reading of the Ordinance
ensued. There was a subsequent motion by Director Dailey, second by
Director Lewellen, to suspend the rules and place the Ordinance on
third and final reading. The motion was unanimously adopted by
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect.
There was a third and last reading of the Ordinance, followed by an
Aye and No Vote taken on the passage of the Ordinance, which resulted
as follows: Ayes - Directors Roy, Hollingsworth, Lewellen,
Shackelford, Dailey, Catlett, and Mayor Priest - total 7; Noes - None;
Absent - None. The Ordinance was then declared PASSED.
A lengthy discussion was held among Board Members regarding the
proposed Budget for 1992. (NOTE: The proposed Budget Ordinance did
not appear on the Agenda.) Board Members had questions for City
Manager Tom Dalton and Staff regarding various fee increases (tennis,
softball, golf, garbage), neighborhood alert centers and public
safety. The Board also discussed the possibility of withdrawing from
Metroplan.
There being no further business
Directors adjourned at 8:40 o'clock
session on Tuesday, December 17, 1991,
ATTEST:
Q0 jJ -4�.� coed
City Clerk Robbie Hancock
to be presented, the Board of
P.M. to meet again in regular
at 6:00 o'clock P.M.
APPROVED: —
Mayor Sharon Priest
675
676
1
Board of Directors Chamber
Little Rock, Arkansas
December 11, 1991 - 3:15 P.M.
The Board of Directors of the City of Little Rock, Arkansas,
met in Special Session with Mayor Sharon Priest presiding. City Clerk
Robbie Hancock called the roll with the following Directors present:
Directors Roy, Hollingsworth, Dailey and Catlett - total 4; Absent -
Directors Lewellen and Shackelford - total 2.
With a quorum present, Mayor Priest declared the Board of
Directors in session and announced the purpose of the meeting was to
consider granting a franchise for use of the right -of -way of Ashley
Street. (Notice of the Special Meeting was filed with the City
Clerk.)
To begin the meeting, City Manager Tom Dalton explained that the
Board of Directors granted a franchise to the Excelsior Hotel on
January 15, 1991 (Resolution No. 8,431) to use the airspace above
Ashley Street for a skywalk from Markham Street for a distance of 115
feet for a skyway entry but did not include use of the ground. The
proposed Ordinance will grant a right -of -way franchise for use of the
ground as well as the airspace. Ordinance No. 16,134 was then
presented, entitled:
AN ORDINANCE GRANTING A FRANCHISE TO M.S. GREEN -- LITTLE ROCK
CORP., TO USE THE AIR SPACE ABOVE A PORTION OF THE RIGHT -OF -WAY OF
ASHLEY STREET FOR A SKYWALK AND TO USE THE GROUND FOR THE PENETRATION
OF SUPPORT BEAMS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
(The skywalk will be on the west side of the Excelsior Hotel for a
distance of 115' from Markham Street and an approximate width of 6'.)
and said Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading of
the Ordinance. The motion was made by Director Dailey, seconded by
Director Catlett, and unanimously adopted by 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 Dailey,
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 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
last 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, Dailey and Catlett - total
5; Noes - None; Absent - Directors Lewellen and Shackelford - total 2.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Mayor Priest, Directors Roy, Hollingsworth, Dailey and Catlett
- total 5; Noes - None; Absent - Directors Lewellen and Shackelford -
total 2. Whereupon, the Ordinance together with the Emergency Section
was declared PASSED.
Mayor Priest announced that the Agenda Meeting scheduled for
Wednesday, January 1, 1992, (New Year's Day) would be rescheduled for
Thursday, January 2, 1992 at 1:30 o'clock P.M., due to the holiday.
There being no further business to be presented, Mayor Priest
declared the Special Meeting adjourned at 3:20 o'clock P.M., with the
Board of Directors to convene in regular session on Tuesday, December
17, 1991, at 6:00 o'clock P.M.
ATTEST:
(a AU, --
City Clerk
Robbie Hancock
APPR ED: n
Mayor Sharon Priest
1
677
1
I
Board of Directors Chamber
I
Little Rock, Arkansas
I
December 17, 1991 - 6:18 P.M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Sharon Priest presiding. City Clerk
Robbie Hancock called the roll with the following Directors present:
Directors Roy, Hollingsworth, Lewellen, Shackelford, Dailey and
Catlett - total 6; Absent - None.
With a quorum present, Mayor Priest declared the Board of
Directors in session.
The Invocation was given by Director Hollingsworth.
The first matter to be considered was the Consent Agenda,
consisting of the following items:
(a) The approval of the Minutes of the Board of Directors
regular meeting held December 3, 1991, and the special meeting held
December 11, 1991.
(b) The Comparative Statement of Income Account of the Little
Rock Municipal Water Works for the month of October, 1991.
(c) Resolution No. 8,616, with the title being:
A RESOLUTION PROVIDING FOR THE INSTALLATION OF FIRE HYDRANTS
WITHIN THE CITY OF LITTLE ROCK FOR THE YEAR 1992; AND FOR OTHER
PURPOSES.
(d) Resolution No. 8,617, entitled:
A RESOLUTION RATIFYING THE NOMINATION AND APPOINTMENT OF
DEBORAH R. SALLINGS TO THE LITTLE ROCK AMBULANCE AUTHORITY TO FILL THE
UNEXPIRED TERM OF BERNICE SANDERS.
(e) Resolution No. 8,618, described as:
A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO
VACATE AND CLOSE APPIANWAY STREET BETWEEN WEST 10TH STREET AND WEST
11TH STREET IN ROOTS AND COY'S ADDITION OF THE CITY OF LITTLE ROCK,
ARKANSAS. (January 7, 1992)
(f) Resolution No. 8,619, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR THE PURCHASE OF A BACKHOE /FRONTEND LOADER; AND TO
EXTEND THE ANNUAL CONTRACTS FOR OIL AND LUBRICANTS AND TIRE RETREADING
FOR THE DEPARTMENT OF GENERAL SERVICES /FLEET SERVICES DIVISION.
By motion from Director Shackelford, seconded by Director Roy, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held December 3, 1991, and the special meeting held
December 11, 1991, were approved as written and distributed to members
of the Board of Directors; (b) the Comparative Statement of Income
Account of the Little Rock Municipal Water Works for the month of
October, 1991 was received and filed; and (c, d, a and f) Resolutions
No. 8,616, 8,617, 8,618 and 8,619 were read in full and adopted by
unanimous voice vote of the Board members present.
Mayor Priest recognized members of two Boy Scout groups - Troop
476 from St. Andrews Methodist Church and Troop 28 from Second Baptist
Church.
Vice Mayor Dailey presented Certificates of Appreciation for
service on various Boards and Commissions as follows: Walter Riddick
and Fred Perkins - Planning Commission; David Porter - City Beautiful
Commission; and James Cobb - Arkansas Arts Center. (Not present to
receive certificates were Mr. James Argue - Central Arkansas Transit
Authority, and Mr. Isaac Ross - Board of Electrical Code Appeals.)
Director Hollingsworth noted that City Attorney Tom Carpenter had
received the award for Outstanding National Public Service by the
National Institute of Municipal Law Officers.
678
At the time allotted for Citizen Communications, the first
speaker was Mr. Robert Johnston, President -elect of the Quapaw Quarter
Association, which is one of the 14 members of the Coalition of
Little Rock Neighborhoods Association. He stated that the Coalition
had recently proposed to the Board of Directors two major policy
initiatives. (1) Develop and implement a crime reduction plan in the
next 3 months, including creating a crime task force with major
representation from the neighborhoods. (2) Make budget revisions to
reflect a greater neighborhood orientation, including additional
police, a rental inspection program, and a housing improvement fund.
He asked the Board to take care of existing neighborhood problems
before taking care of potential forthcoming development.
The next speaker was Mr. Bob Mason, Executive Director of the
Housing Authority of the City of Little Rock. Mr. Mason distributed a
report to Board Members which reflected the financial contribution of
the Housing Authority to the local economy and noted that during the
fiscal year ended September 30, 1991, the total contribution was
$10,675,945.11. He expressed appreciation to the City of Little Rock
for assistance to the Housing Authority, particularly for the curb
ramps at its high rise buildings. He then presented to Mayor Priest
a check in the amount of $9,912.00 for payment in lieu of taxes.
A public hearing had been scheduled for this time and place by
Resolution No. 8,612, adopted December 3, 1991, on the petition filed
by George Strnad to vacate and abandon a public utility easement (for ,
sewer pump station) on part of Lot 33, Pleasant Valley Estates.
Notice of public hearing was duly published on December 9, 1991 and
December 16, 1991. Attached to the petition was a certified copy of
the Plat from the Pulaski County Circuit Clerk's Office and a letter
from Pulaski Lenders Title Company listing the last owners of record
to abutting property. The public hearing was then declared open and
with no one present who wished to speak in opposition to the proposed
abandonment, the public hearing was declared closed and Ordinance No.
16,135 was presented, described as:
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN LOT 33,
PLEASANT VALLEY ESTATES ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
with the Ordinance being read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Hollingsworth, seconded by Director Lewellen, which was
unanimously adopted by members of the Board of Directors present,
being seven in number and two- thirds or more of the members of the
Board of Directors - elect. Upon second reading of the Ordinance, there
was a subsequent motion made by Director Lewellen that the rules be
further suspended and the Ordinance be placed on third and final
reading. Director Dailey seconded the motion, which was adopted by
unanimous vote of the members of the Board of Directors present, being
seven in number and two - thirds or more of the members of the Board of
Directors- elect. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with '
the results recorded as follows: Ayes - Directors Hollingsworth,
Lewellen, Shackelford, Dailey, Catlett, Mayor Priest, and Director Roy
- total 7; Noes - None; Absent - None. Whereupon, the Ordinance was
declared PASSED.
Ordinance No. 16,136 was presented, entitled:
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;
and the Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Hollingsworth, seconded by Director Lewellen, which was
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of the
Board of Directors - elect. Upon second reading of the Ordinance, there
was a subsequent motion made by Director Lewellen that the rules be
further suspended and the Ordinance be placed on third and final
reading. Director Dailey seconded the motion, which was adopted by
unanimous vote of.the members of the Board of Directors present, being
seven in number and two - thirds or more of the members of the Board of
Directors- elect. A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on passage of the Ordinance, with
�1
�I
the results recorded as follows: Ayes - Directors Hollingsworth,
Lewellen, Shackelford, Dailey, Catlett, Mayor Priest, and Director Roy
- total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Hollingsworth, Lewellen, Shackelford, Dailey,
Catlett, Mayor Priest, and Director Roy - total 7; Noes - None; Absent
- None. The Ordinance, together with the Emergency Section, was then
declared PASSED.
Mayor Priest asked for a presentation by City Attorney Tom
Carpenter regarding the two proposed ordinances amending the Zoning
Code to provide for hazardous, medical and solid waste disposal.
Following Mr. Carpenter's explanation of the process for developing
the two ordinances and the provisions for regulating hazardous waste,
several citizens spoke regarding the disposal of hazardous and medical
waste. The first speaker was Charlene Hardcastle, President of the
Capitol View Neighborhood Association, who asked for stronger
requirements and referred to a list of eleven requirements submitted
by the Coalition to be included in the Ordinance so as to protect any
area of the City from becoming a regional dumping ground. These items
were taken from a Hall County, Georgia ordinance. She also asked for
a list of the possible sites that the 1,000 ft. would affect. (Permit
would not allow a medical or solid waste disposal facility to operate
within 1,000 feet of an occupied structure or district zoned for
residential uses on the date of the application for the permit.) Mr.
Melvin Moss, a member of the Pankey Community Association, read a
prepared statement from Barbara Douglas, President of the Pankey
Community Association, asking for a list of any potential sites in the
Pankey neighborhood. Ms. Kathy Wells, Vice President for Security
Issues for the Coalition of Little Rock Neighborhoods, spoke in
support of the two ordinances and asked for a list of potential sites
under the 1,000 feet rule. Ms. Diane Davis, President of the South
End Neighborhood Association, asked that a list of the potential sites
be made available on aerial maps. Mr. Barry Haas, 3900 Doral Drive,
complimented Mr. Carpenter on the excellent ordinances and encouraged
the Board of Directors to consider the items that the Neighborhood
Coalition presented over a month ago. Mr. David Roetzel, 7 Belmont, a
member of the Broadmoor Neighborhood Association read a letter from
Randy Mallory, a member of the Forest Hill Neighborhood Association,
supporting the proposed Ordinance. Mr. Roetzel asked that the
ordinance designate the department that will handle the applications.
He also expressed concern regarding operator's liability insurance and
who assumes liability in case of injury to city personnel. Mr. Jim
Lynch, 16 Lenon Drive, asked that Little Rock get adequate revenue if
it is going to be a regional dumping ground for other communities'
waste and that the revenue be earmarked for the areas where the
facilities are located.
Consideration was then given to a proposed Ordinance entitled:
AN ORDINANCE AMENDING CHAPTER 36 OF THE LITTLE ROCK CODE OF
ORDINANCES TO REQUIRE A CONDITIONAL USE PERMIT FOR HAZARDOUS, MEDICAL
AND SOLID WASTE DISPOSAL FACILITIES LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS; TO PROVIDE FOR AN APPLICATION PROCEDURE; AND FOR OTHER
PURPOSES;
and the proposed Ordinance was read the first time. There was no
motion and second to suspend the rules to place the Ordinance on
second reading. Therefore, the proposed Ordinance was left on the
calendar for second reading on January 7, 1992.
The next presentation was a companion proposed Ordinance
entitled:
AN ORDINANCE AMENDING CHAPTER 36 OF THE LITTLE ROCK CODE OF
ORDINANCES, PROVIDING FOR HAZARDOUS, MEDICAL AND SOLID WASTE DISPOSAL
AS A CONDITIONAL USE IN INDUSTRIAL ZONES DESIGNATED AS I -2 AND I -3;
AND FOR OTHER PURPOSES.
and the proposed Ordinance was read the first time. (See discussion
before reading of previous proposed Ordinance.) There was no motion
and second to suspend the rules to place the Ordinance on second
reading. Therefore, the proposed Ordinance was left on the calendar
for second reading on January 7, 1992. (NOTE: City Attorney Tom
Carpenter stated he would invite members of the Coalition and others
to his office to discuss the proposed Ordinances.)
6719.
ME
At 7:35 o'clock P.M. Mayor Priest declared a ten minute recess.
1111 1
When the Board of Directors reconvened at 7:45 o'clock P.M.,
Mayor Priest presided and the following Directors were present:
Directors Roy, Hollingsworth, Lewellen, Shackelford, Dailey and
Catlett - total 6; Absent - None.
Consideration was then given to Ordinance No. 16,137, with the
title being:
AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF
LITTLE ROCK FOR THE PERIOD BEGINNING JANUARY It 1992, AND ENDING
DECEMBER 31, 1992; APPROPRIATING FUNDS FOR EACH AND EVERY CLASS OF
EXPENDITURE THEREIN PROVIDED; AND DECLARING AN EMERGENCY.
Mr. Mark Knoke, 5328 "B" Street, a firefighter, speaking as a City
employee, stated that he would like a raise. Mr. Keith Fulmore, 10303
Whispering Pine, asked the Board to consider city employees. Ms.
Kathy Wells, Vice President of Security Issues for the Coalition of
Little Rock Neighborhoods, asked the Board to keep in mind
possibilities for funding a Third Division of Municipal Court should
it be approved by the Arkansas Legislature. She also addressed the
need for good street lights. Mr. Billy Parks, 524 East 9th St., a
firefighter, stated his opposition to the proposed Budget Ordinance
until more consideration was given to salary increases. Mr. Gene
Tucker spoke on behalf of Little Rock Firefighters and asked the Board ,
to consider the needs of City employees. Ms. Jeanne Moore, American
Federation of State, County and Municipal Employees (AFSCME), spoke on
behalf of the non- uniform City employees, stating that union people
are the lowest paid in the city and employee raises should be of major
concern. Mr. Jim Lynch, President of the Coalition of Little Rock
Neighborhoods, presented a five point plan for neighborhood
improvements - (1) growth management; (2) housing rehabilitation (3)
sidewalk fund; (4) crime reduction; and (5) rental inspection. Ms.
Lisa Duckworth, 14604 Cantrell, speaking as a citizen, asked the Board
to consider raises for City employees. Mr. Alan Hubbard, 25 Flag
Road, a firefighter, also spoke regarding raises for City employees.
A lengthy discussion ensued among Board Members. In response to
questions from Board Members, City Manager Tom Dalton stated that less
than fifteen positions will be eliminated in the 1992 Budget and there
will be some layoffs, but there will be an attempt to place the laid -
off employees in other positions; there were no new programs submitted
in the 1992 Budget; there is a continued moratorium on street
lighting; the City calendar provides much needed information to
citizens; and health care costs increased 16 percent. Director
Shackelford proposed raising the cap for dependent insurance to cover
the amount of the increase.
At 9:00 o'clock P.M. Mayor Priest
announced there would be a 10
minute recess
for Board Members to find
$256,000 to cover the increase
in health care
When the
costs.
Board reconvened at 9:20 o'clock P.M., Mayor Priest
,
presided and
the following Directors
were present: Directors Roy,
Hollingsworth,
Lewellen, Shackelford,
Dailey and Catlett - total 6;
Absent - None.
Director Catlett suggested that Budget Schedule I be revised to
reallocate money from employee benefits for step increases to health
care benefits, eliminating step increases, which would leave $17,000
for the City Manager to find later; that the $400,000 allocation for a
transfer from the General Fund to Special Projects be reduced by
$52,000 to $348,000, which would leave an ending fund balance of zero.
Since the Ordinance had not been read, the Board Members generally
agreed to the suggested changes in the proposed Ordinance. This will
provide for payment of the 16 percent increase (approximately $418.00
annually) in dependent insurance coverage for all employees excluding
Police (current bargaining contract continues through 1992). Upon
question by Director Hollingsworth, City Manager Tom Dalton stated
that the proposed Budget does not include funding for compliance with
the Americans with Disabilities Act, effective January 26, 1992, and
the Board will need to consider that at mid -year. There was also some
discussion regarding the City's participation in Metroplan, but no
action was taken. However, City Attorney Tom Carpenter suggested
drafting a Resolution of Intent regarding the City's obligation to
Metroplan.
t
9
The Ordinance was then read the first time. The rules were
suspended and the Ordinance placed on second reading by motion from
Director Roy, seconded by Director Shackelford, which was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of Director -
elect. Upon second reading of the Ordinance, there was a subsequent
motion made by Director Dailey that the rules be further suspended and
the Ordinance be placed on third and final reading. Director Lewellen
seconded the motion, which was adopted by unanimous vote of the
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect. A
third and last reading of the Ordinance ensued, followed by an Aye and
No Vote taken on passage of the Ordinance, with the results recorded
as follows: Ayes - Directors Hollingsworth, Lewellen, Shackelford,
Dailey, Catlett, Mayor Priest, and Director Roy - total 7; Noes -
None; Absent - None.
The Emergency Clause contained in Section 13 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes: Directors Hollingsworth, Lewellen, Shackelford, Dailey,
Catlett, Mayor Priest, and Director Roy - total 7; Noes - None; Absent
- None. The Ordinance, together with the Emergency Section, was then
declared PASSED.
Consideration was then given to Ordinance 16,138, described as:
AN ORDINANCE TO AMEND SECTION 28 -46 OF THE 1988 LITTLE ROCK CITY
CODE OF ORDINANCES, PROVIDING FOR A SCHEDULE OF GARBAGE COLLECTION
FEES AS SET OUT THEREIN; AND FOR OTHER PURPOSES;
with the Ordinance being read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion from
Director Roy, seconded by Director Shackelford, which was unanimously
adopted by members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of Director -
elect. Upon second reading of the Ordinance, there was a subsequent
motion made by Director Dailey that the rules be further suspended and
the Ordinance be placed on third and final reading. Director Lewellen
seconded the motion, which was adopted by unanimous vote of the
members of the Board of Directors present, being seven in number and
two - thirds or more of the members of the Board of Directors - elect. A
third and last reading of the Ordinance ensued, followed by an Aye and
No Vote taken on passage of the Ordinance, with the results recorded
as follows: Ayes - Directors Hollingsworth, Lewellen, Shackelford,
Dailey, Catlett, Mayor Priest, and Director Roy - total 7; Noes -
None; Absent - None. The Ordinance was then declared PASSED.
Introduced at this time was Resolution No. 8,620, entitled:
A RESOLUTION AMENDING RESOLUTION NO. 8,220 ESTABLISHING FEES FOR
THE CITY'S SOFTBALL PROGRAMS;
and the Resolution was read in its entirety. There was a motion and
second by Directors Dailey and Catlett, respectively, that the
Resolution be adopted, and the Resolution was adopted by unanimous
voice vote of the Board of Directors present.
Resolution No. 8,621 was the next presentation, with the title
being:
A RESOLUTION AMENDING RESOLUTION NO. 8,220 ESTABLISHING FEES FOR
THE CITY'S TENNIS CENTERS.
and the Resolution was read in full. There was a motion and second by
Directors Dailey and Catlett, respectively, that the Resolution be
adopted. The Resolution was adopted by unanimous voice vote of the
Board of Directors present.
The next presentation was Resolution No. 8,622, with the title
being:
A RESOLUTION AMENDING RESOLUTION NO. 8,220 SETTING FEES FOR USE
OF THE CITY'S GOLF COURSES AND ESTABLISHING INITIAL FEES FOR THE WAR
MEMORIAL FITNESS CENTER.
and there was a complete reading of the. Resolution. There was a
motion and second by Directors Dailey and Catlett, respectively, that
the Resolution be adopted. Therefore, the Resolution was adopted by
681
11
>6E._
6
i
I
unanimous voice the Board Directors
,
vote of of present.
There being no further business to be presented, the Board of
Directors adjourned at 10:00 o'clock P.M. to meet again in regular
session on Tuesday, January 7, 1992, at 6:00 o'clock P.M.
ATTEST: APPROVED:
City Clerk Robbie Hancock Mayor Sharon Priest
I
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