HomeMy WebLinkAbout04-06-93Board of Directors Chamber
Little Rock, Arkansas
April 6, 1993 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas,
met in regular session with Mayor Jim Dailey presiding. City
Clerk Robbie Hancock called the roll with the following Directors
present: Directors Priest, Sharp, Lewellen, Mason and Adcock -
total - 5; Absent - Director Roy - total 1.
Mayor Dailey announced that a quorum was present and the
proceedings of the meeting are recorded as follows.
The Invocation was given by Mayor Dailey, followed by the
Pledge of Allegiance.
The Consent Agenda was the first presentation, consisting of
the following items:
(a) Approval of the Minutes of the Board of Directors
regular meetings held March 2, 1993, and March 16, 1993.
(b) The Abstract of Votes of the Special Election held
March 4, 1993 on the proposition to organize the City under the
Aldermanic Form of Government. (NOTE: Proposition failed by
vote of 4,928 FOR and 7,709 AGAINST.)
(c) The Comparative Statement of Income Account of the
Little Rock Municipal Water Works for the month of February,
1993.
(d) The Little Rock Regional Airport Independent Auditors'
Report for the year ended December 31, 1992.
(e) The Firemen's Relief and Pension Fund Financial
Statement for the years ended December 31, 1992 and 1991.
(f) The Municipal Judges Retirement Fund Financial
Statement for the years ended December 31, 1992 and 1991.
(g) The Policemen's Pension and Relief Fund Financial
Statement for the years ended December 31, 1992 and 1991.
(h) Resolution No. 8,884, entitled:
A RESOLUTION CHANGING THE NAME OF FRAZIER PIKE TO
SLOANE DRIVE FROM FOURCHE DAM PIKE WEST TO ZEUBER ROAD.
(i) Resolution No. 8,885, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
FUNDS FROM THE 1988 CAPITAL IMPROVEMENT FUND FOR IMPROVEMENTS TO
ALLSOPP PARK.
(j) Resolution No. 8,886, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR RENOVATION OF THE HINDMAN GOLF
CLUBHOUSE. (C & R Construction Company - not to exceed $34,885.)
(k) Resolution No. 8,887, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
FUNDS FROM THE 1988 CAPITAL IMPROVEMENT FUND FOR THE IMPROVEMENTS
TO INTERSTATE PARK; AND AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH RAINEY ELECTRONICS FOR SCOREBOARDS AT
INTERSTATE. (Rainey Electronics - $50,480.)
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(1) Resolution No. 8,888, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
CONTRACT FOR LONG -TERM DISABILITY INSURANCE FOR NON - UNIFORM
EMPLOYEES FOR A ONE YEAR PERIOD EFFECTIVE MAY 1, 1993. (UNUM
Life Insurance Company)
(m) Resolution No. 8,889, 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. (Sharper Image -
2200 E. 145th; Siemens -Allis - 14000 Dineen Dr.; Levi - Strauss -
15000 Panatella Parkway; Elf Asphalt - 601 Shamburger Lane;
Wildwood Park - 20919 Denny Rd.)
(n) Resolution No. 8,890, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE SHERMAN STREET BETWEEN EAST CAPITOL
AVENUE AND EAST FOURTH STREET IN POPE'S ADDITION TO THE CITY OF
LITTLE ROCK, ARKANSAS. (April 20, 1993.)
(o) Resolution No. 8,891, described as:
A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION
TO VACATE A PUBLIC UTILITY EASEMENT IN BLOCK 18 OF POPE'S
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (April 20, 1993.)
(p) Resolution No. 8,892, with the title being;
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE WEST 60TH STREET ADJACENT TO TRACT
66 IN LITTLE ROCK INDUSTRIAL PARK ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS. (April 20, 1993.)
(q) Resolution No. 8,893, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE THE ALLEY RUNNING EAST AND WEST IN
THE BLOCK BOUNDED BY WEST 12TH STREET, WEST 13TH STREET, PEYTON
STREET AND WASHINGTON STREET IN BLOCK 1 OF BUHLER'S NINTH
ADDITION AND BLOCK 3 OF S. J. JOHNSON ADDITION TO THE CITY OF
LITTLE ROCK, ARKANSAS. (April 20, 1993.)
Upon motion by Director Lewellen, seconded by Director Priest,
which was unanimously adopted, the Consent Agenda was dispensed
with as follows: (a) The Minutes of the Board of Directors
regular meetings held March 2, 1993, and March 16, 1993, were
approved as written and distributed to the Board of Directors;
(b) the Abstract of Votes of the Special Election held March 4,
1993, was received and filed; (c) the Comparative Statement of
Income of the Little Rock Municipal Water Works for the month of
February, 1993, was received and filed; (d) the Little Rock
Regional Airport Independent Auditors' Report for the year ended
December 31, 1992 was received and filed; (e) the Firemen's
Relief and Pension Fund Financial Statement for the years ended
December 31, 1992 and 1991 was received and filed; (f) the
Municipal Judges Retirement Fund Financial Statement for the
years ended December 31, 1992 and 1991 was received and filed;
(g) the Policemen's Pension and Relief Fund Financial Statement
for the years ended December 31, 1992 and 1991 was received and
filed; and (h, i, j, k, 1, m, n, o, p and q) Resolutions No.
8,884, 8,885, 8,886, 8,887, 8,888, 8,889, 8,890, 8,891, 8,892,
and 8,893 were read in full and unanimously adopted by the Board
Members present.
Mr. Bill Bunten, Director of the Department of Parks and
Recreation, announced that the City of Little Rock had received
an award from the Arkansas Chapter of the American Planning
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April 6, 1993
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Association, and presented Mayor Dailey with the plaque which
read "Urban Development Award Allsopp Promenade 1993." Mr.
Bunten then showed a few slides of Kavanaugh Boulevard next to
Allsopp Park before and after the promenade. He introduced Mark
Webre, Parks Planner and a licensed landscape architect, and Liz
Williams Eldridge, a member of the City Beautiful Commission,
both of whom worked on the design of the Allsopp Park Promenade.
Director Lewellen presented a Certificate of Appreciation to
Liz Williams Eldridge, a member of the City Beautiful Commission,
and thanked her for her contribution to the design of the Allsopp
Park Promenade.
Director Sharp presented Certificates of Appreciation to Mr.
Charles Daniels, Mr. Larry Deadmon, and Mr. George Oliver,
employees in the Sanitation Division of the Public Works
Department. These employees assisted in a medical emergency at
5009 Lee Avenue by helping a lady get her fiance in the car to
take him to the hospital. (The three men were not present to
receive the certificates, but Mr. Deadmon and Mr. Oliver came in
during Citizen Communications, at which time they were
introduced.)
Mayor Dailey then asked Fire Chief Ruben Webb for a report
on the condition of the firefighters who were injured Monday
night (April 51 1993) while fighting a fire at 3723 Athens
Street. Chief Webb reported that six (6) firefighters were
injured and taken to the hospital; four of them have been
released (Richard Hand, Ronnie Hudson, Paul Gunther, Billy
McEntire), but two of the firefighters (James Mullenax and Marvin
Benton) are in the burn unit at Arkansas Children's Hospital.
The condition of those two has been elevated from critical to
serious.
At the Mayor's request, City Manager Charles Nickerson
reported that Mr. Mike Parker, a Parks Department employee who
was hit by an automobile on Monday (April 5, 1993) while working
at Boyle Park, was released from the U.A. Medical Center Tuesday
and should be fully recovered in about two weeks.
Mayor Dailey read a proclamation, which proclaimed the week
of April 5 through 11, 1993 as National Community Development
Week. Mr. Jim Lawson, Director of the Department of
Neighborhoods and Planning, introduced Mr. Ed Stanfield,
Community Development Block Grant Manager, who gave a slide
presentation showing before and after views of typical drainage
facilities and streets and rehabilitated houses. Mr. Lawson then
presented each of the City Directors with a framed copy of the
CDBG poster. He also presented a poster to Mr. Nathaniel Hill,
Director of General Services, for his twenty years (plus)
involvement in the Model Cities and CDBG programs.
At the time allotted for Citizen Communications, Mr. Randy
Mowry, President of the Coalition of Little Rock Neighborhoods,
expressed some concerns of the Coalition regarding the proposed
new federal post office to be located on East Capitol Avenue
between Commerce and Ferry Streets. Since this is next to the
I -30 exit ramp and will be one of the first major structures seen
by visitors to Little Rock (home of President Bill Clinton while
serving as Governor of Arkansas) , the style of the building
should be compatible with other striking buildings such as City
Hall, the Old Statehouse and the State Capitol. Second, the
location of the new post office borders on an old and historic
section of Little Rock in which are located Trapnall Hall, the
Arkansas Territorial Restoration and MacArthur Park, and a
building which was incompatible with this area would cheapen and
detract from its positive features. Mr. Mowry recommended the
City of Little Rock exercise its zoning authority and that the
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April 6, 1993
Mayor appoint a citizens' committee to review and comment on the
post office plans before the Planning Commission and the Board of
Directors consider the zoning change.
The next speaker under Citizen Communications was Mrs. Ann
Johnson, representing the Wakefield Neighborhood Association.
Mrs. Johnson thanked the City for the SWLR fair on March 27,
1993, commenting that "What's Right With Southwest Little Rock"
was a great success. She stated that the Wakefield Neighborhood
Association had its first annual spring clean -up and as a result
the whole neighborhood has a different image and the spirit of
the neighborhood is different.
Consideration was then given to Zoning Appeal Z -5641, filed
by Mr. Michael Booker, attorney for Mr. Clarence Hicks. On
December 15, 1992, the Planning Commission denied Mr. Hicks'
request for a Conditional Use Permit to operate a daycare center
at 1801 Dennison Street. A public hearing had been scheduled for
March 16, 1993, but was deferred until April 6, 1993, at the
request of Mr. Hicks, due to the absence of his attorney. Mayor
Dailey declared the public hearing open. Mrs. Zarifa Voyles,
1805 Dennison, and Mrs. Stella Allison, 2300 West 18th Street,
were adamantly opposed to the proposed daycare center. Attorney
Michael Booker, representing Hicks Daycare Center, addressed some
of the Staff concerns, such as the need for seven parking spaces,
ingress and egress, on -site parking, on -site loading and
unloading. Mr. Booker presented a copy of a conditional
agreement between Mr. Hicks and a nearby business to lease four
parking spaces for five years, and explained that Mr. Hicks has a
van to provide transportation services for the children so there
won't be 25 individual vehicles delivering children. Responding
to the concern regarding the intensity of use - 25 children and 4
employees, Mr. Booker explained that all of the children would be
under four years old and 12 of the them would be infants. Mr.
Booker responded to questions by the Board of Directors and asked
the Board to rescind the Planning Commission action.
Mr. Jim Lawson, Director of the Department of Neighborhoods
and Planning, gave a brief overview of the zoning case. He
stated the main concern is that 25 children and four employees
makes this a business use and it should be in a business area.
This area is a target area to be revitalized. The parking
requirements would not be met by having parking a block away at
the meat market, which probably would be required to have that
parking as part of its use.
Director Priest asked Mr. Lawson where the cut -off is
between conditional use and business use as to daycare centers,
and asked Staff to look at the Zoning Ordinance.
City Attorney Tom Carpenter cautioned the Board about taking
action on issues that were not discussed by the Planning
Commission. This is an appeal of a denial by the Planning
Commission based upon the facts before the Commission at that
time. The Board has heard answers to concerns that were
addressed at the Commission level but the answers have never been
addressed by the Planning Commission. If the Board is
considering some action other than sustaining the denial, then
the Board should consider sending the issue back to the Planning
Commission. Directors Priest and Adcock were in favor of sending
the request back to the Planning Cgmmission. Mayor Dailey
declared the public hearing closed. Following a brief discussion
regarding the action to be taken, there was a motion and second
by Directors Lewellen and Mason, respectively, to sustain the
Planning Commission action. The motion was adopted by a vote of
4 ayes (Dailey, Sharp, Lewellen, Mason), 2 present (Adcock,
Priest) , and 1 absent (Roy) ; therefore, Resolution No. 8,894 was
presented, with the title being:
A RESOLUTION
SUSTAINING THE
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April 6, 1993
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COMMISSION'S ACTION IN DENYING A CONDITIONAL USE PERMIT FOR A
DAYCARE CENTER TO BE LOCATED AT 1801 DENNISON STREET; (Z -5641)
and the Resolution was read in full. There was a motion and
second by Directors Lewellen and Mason, respectively, to adopt
the Resolution, and the Resolution was adopted by the following
roll call vote: Ayes - Mayor Dailey, Directors Sharp, Lewellen
and Mason - total 4; Noes - None; Present - Directors Priest and
Adcock - total 2; Absent - Director Roy - total 1.
Item 2 on the Agenda was a proposed Ordinance entitled: AN
ORDINANCE ESTABLISHING A DESIGN OVERLAY DISTRICT FOR THE
CHENAL /FINANCIAL CENTER PARKWAY URBAN CORRIDOR PURSUANT TO THE
DESIGN OVERLY AUTHORITY OF CHAPTER 36 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS; AND DECLARING AN
EMERGENCY." (See Minutes of December 15, 1992, January 19, 1993,
and February 2, 1993, for first, second and third readings of the
proposed Ordinance.) Mayor Dailey announced that due to the
absence of Director Roy, the proposed Ordinance would be deferred
until a later date. Therefore, no action was taken.
The next presentation was Ordinance No. 16,383, described
as:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE CHENAL
DISTRICT, LOCATION EAST OF LOYOLA AND SOUTH OF ST. GEORGE, FROM
MULTIFAMILY TO SINGLE FAMILY AND FOR OTHER MATTERS;
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Mason, to suspend the rules
and place the Ordinance on second reading. The motion was
unanimously adopted by the Board Members present, being 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,
seconded by Director Priest, 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 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 Aye and No Vote taken on passage of the Ordinance
received the following response: Ayes - Mayor Dailey, Directors
Adcock, Priest, Sharp, Lewellen, and Mason - total 6; Noes -
None; Absent - Director Roy - total 1. Whereupon, the Ordinance
was declared PASSED.
Introduced next was a rezoning application (Z- 4039 -A) filed
by Winrock Development Company to reclassify 11.17 acres on
Loyola Drive (which runs north from Chenal Parkway into the St.
Charles Subdivision) from "MF -12" Multifamily District to 11R -2"
Single - family District. The application was approved by the
Planning Commission on March 9, 1993. There was no opposition to
the reclassification, and Ordinance No. 16,384 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- 4039 -B - To rezone 11.1751 acres on Loyola Drive [long legal
description] from "MF -12" Multifamily District to 11R -2" Single -
family District.)
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Mason, to suspend the rules
and place the Ordinance on second reading. The motion was
unanimously adopted by the Board Members present, being 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,
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Apr-;! 6; L993
followed by a subsequent motion made by Director Lewellen,
seconded by Director Priest, 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 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 Aye and No Vote taken on passage of the Ordinance
received the following response: Ayes - Mayor Dailey, Directors
Adcock, Priest, Sharp, Lewellen, and Mason - total 6; Noes -
None; Absent - Director Roy - total 1. Whereupon, the Ordinance
was declared PASSED.
Consideration was then given to Ordinance No. 16,385,
entitled:
AN ORDINANCE APPROVING MODIFICATION OF A PLANNED UNIT
DEVELOPMENT AND PROVIDING FOR THE RECLASSIFICATION OF A PORTION
OF A PCD DISTRICT ENTITLED "RIVERDALE HARBOUR LONG -FORM (2200
BLOCK RIVERFRONT DRIVE) IN THE CITY OF LITTLE ROCK, ARKANSAS,
AMENDING ORDINANCE NO. 15,459 AND CHAPTER 36, SECTION 36 -176 OF
THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER
PURPOSES;
(2- 4987 -D - Marina Village Club Apartments PRD located at Turtle
Creek Lane and Riverfront Drive.)
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Mason, to suspend the rules
and place the Ordinance on second reading. The motion was
unanimously adopted by the Board Members present, being 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,
seconded by Director Priest, 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 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 Aye and No Vote taken on passage of the Ordinance
received the following response: Ayes - Mayor Dailey, Directors
Adcock, Priest, Sharp, Lewellen, and Mason - total 6; Noes -
None; Absent - Director Roy - total 1. Whereupon, the Ordinance
was declared PASSED.
Introduced next was Ordinance No. 16,386, with the title
being:
AN ORDINANCE APPOINTING AND CONFIRMING REPLACEMENTS FOR THE
BOARD OF COMMISSIONERS OF CARRIAGE CREEK PROPERTY OWNERS
IMPROVEMENT DISTRICT NO. 639, LITTLE ROCK, ARKANSAS; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES;
(Appointing Jim W. Mitchell and Mary Carlee to replace C. H.
Murphy, III and Melvyn Bell.)
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Mason, to suspend the rules
and place the Ordinance on second reading. The motion was
unanimously adopted by the Board Members present, being 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,
seconded by Director Priest, 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 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 Aye and No Vote taken on passage of the Ordinance
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April 6, 1993
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received the following response: Ayes - Mayor Dailey, Directors
Adcock, Priest, Sharp, Lewellen, and Mason - 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 Dailey, Directors Adcock, Priest, Sharp,
Lewellen, and Mason - 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. 16,387, described
as:
AN ORDINANCE TRANSFERRING APPROPRIATIONS FROM THE SPECIAL
PROJECTS FUND TO THE 1988 CAPITAL IMPROVEMENT BOND FUND;
(Transfer accounts 210- 230 -0211 and 210 - 230 -0283 from Special
Projects Fund to 301- 230 -0048 for the War Memorial Fitness Center
project.)
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Mason, to suspend the rules
and place the Ordinance on second reading. The motion was
unanimously adopted by the Board Members present, being 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,
seconded by Director Priest, 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 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 Aye and No Vote taken on passage of the Ordinance
received the following response: Ayes - Mayor Dailey, Directors
Adcock, Priest, Sharp, Lewellen, and Mason - total 6; Noes -
None; Absent - Director Roy - total 1. Whereupon, the Ordinance
was declared PASSED.
Ordinance No. 16,388 was introduced, with the title being:
AN ORDINANCE TO APPROVE A CONTRACT BETWEEN THE GREATER
LITTLE ROCK CHAMBER OF COMMERCE AND THE CITY OF LITTLE ROCK FOR
THE PAINT YOUR HEART OUT PROGRAM WITHIN THE CITY; TO WAIVE
COMPETITIVE BIDDING; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Mason, to suspend the rules
and place the Ordinance on second reading. The motion was
unanimously adopted by the Board Members present, being 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,
seconded by Director Priest, 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 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 Aye and No Vote taken on passage of the Ordinance
received the following response: Ayes - Mayor Dailey, Directors
Adcock, Sharp, Lewellen, and Mason - total 5; Noes - None;
Abstained - Director Priest - total 1; Absent - Director Roy -
total 1. Whereupon, the Ordinance was declared PASSED.
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Consideration was then given
entitled:
to Ordinance No. 16,389,
AN ORDINANCE APPROPRIATING $55,000 FROM THE UNAPPROPRIATED
BALANCE OF THE GENERAL FUND FOR PROPERTY ACQUISITION FOR THE NEW
LANDFILL; AUTHORIZING THE CITY MANAGER TO NEGOTIATE CONTRACTS TO
PURCHASE PROPERTY TO CONSTRUCT THE NEW LANDFILL; AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE ALL NECESSARY DOCUMENTS;
AUTHORIZING THE CITY ATTORNEY TO PROCEED WITH CONDEMNATION; AND
FOR OTHER PURPOSES;
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Mason, to suspend the rules
and place the Ordinance on second reading. The motion was
unanimously adopted by the Board Members present, being 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,
seconded by Director Priest, 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 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 Aye and No Vote taken on passage of the Ordinance
received the following response: Ayes - Mayor Dailey, Directors
Adcock, Priest, Sharp, Lewellen, and Mason - total 6; Noes -
None; Absent - Director Roy - total 1. Whereupon, the Ordinance
was declared PASSED.
The next presentation was Ordinance No. 16,390, described
as:
AN ORDINANCE TO AMEND ORDINANCE NO. 16,331 (THE 1993 BUDGET
ORDINANCE) AND APPROPRIATING FUNDS FOR CERTAIN EXPENDITURES;
(To provide for 1993 salary adjustments for police officers.)
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Mason, to suspend the rules
and place the Ordinance on second reading. The motion was
unanimously adopted by the Board Members present, being 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,
seconded by Director Priest, 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 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 Aye and No Vote taken on passage of the Ordinance
received the following response: Ayes - Mayor Dailey, Directors
Adcock, Priest, Sharp, Lewellen, and Mason - total 6; Noes -
None; Absent - Director Roy - total 1. Whereupon, the Ordinance
was declared PASSED.
Consideration was then given to Ordinance No. 16,391,
entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A "PRD" DISTRICT TITLED "HILLSIDE VILLAGE PRD" (1500
BLOCK NORTH FILLMORE STREET) (Z -5656) 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 -5656 - Reclassifying property in the 1500 block of North
Fillmore Street {Lot 4, Block 1 -R, Hillside Village Subdivision}
from 110-3" General Office to Planned Residential District.)
and after the first reading of the Ordinance, there was a motion
by Director Priest, seconded by Director Sharp, to suspend the
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rules and place the Ordinance 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 and the second reading of the Ordinance ensued.
Director Lewellen moved that the rules be suspended and the
Ordinance 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 members of the Board of Directors - elect, and the Ordinance
was read the third and last time. The Aye and No Vote taken on
the question, Shall the Ordinance Pass, received the following
response: Ayes - Mayor Dailey, Directors Adcock, Priest, Sharp,
Lewellen and Mason - total 6; Noes - None; Absent - Director Roy
- total 1. Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 16,392, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A VARIANCE OF
BUILDING SETBACK LINE REQUIREMENTS.
(To allow 15 ft. setback lines for Lots 907 -910 and 913 -916 in
St. Charles Addition off Loyola Drive.)
and after the first reading of the Ordinance, there was a motion
by Director Priest, seconded by Director Sharp, to suspend the
rules and place the Ordinance 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 and the second reading of the Ordinance ensued.
Director Lewellen moved that the rules be suspended and the
Ordinance 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 members of the Board of Directors - elect, and the Ordinance
was read the third and last time. The Aye and No Vote taken on
the question, Shall the Ordinance Pass, received the following
response: Ayes - Mayor Dailey, Directors Adcock, Priest, Sharp,
Lewellen and Mason - total 6; Noes - None; Absent - Director Roy
- total 1. Whereupon, the Ordinance was declared PASSED.
At 7:50 o'clock P.M. Mayor Dailey declared a five minute
recess.
When the Board of Directors reconvened at 7:55 o'clock P.M.
Mayor Dailey presided and the following Directors were present:
Directors Priest, Sharp, Lewellen, and Adcock - total 4; Absent -
Directors Roy and Mason - total 2.
A public hearing had been schedule for this time and place
on the petition from Deltic Farm and Timber Company (C. F.
Butler, Jr. - President) to establish Chenal Valley Municipal
Property Owners Improvement District No. 3 (North Slope) in the
City of Little Rock. Attached to the petition was a letter from
Pulaski Lenders Title Company listing the last apparent owner of
record as Deltic Farm & Timber Company, Inc. Mayor Dailey
declared the public hearing open. No opposition was presented
and Mayor Dailey declared the public hearing closed. Ordinance
No. 16,393 was introduced, with-the title being:
AN ORDINANCE ESTABLISHING
OWNERS IMPROVEMENT DISTRICT NO.
ARKANSAS; AND PRESCRIBING OTHER
(North Slope of Chenal Mountain)
CHENAL VALLEY MUNICIPAL PROPERTY
3 OF THE CITY OF LITTLE ROCK,
MATTERS RELATING THERETO;
and the Ordinance was read the first time. There was a motion
and second by Directors Priest and Sharp, respectively, to
suspend the rules and place the Ordinance on second reading. The
motion was unanimously adopted by the Board Members present,
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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. There was a subsequent motion by Director Sharp,
seconded by Director Lewellen, to suspend the rules and place the
Ordinance on third and final reading. The motion was 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, and 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 Dailey,
Directors Adcock, Priest, Sharp and Lewellen - total 5; Noes -
None; Absent - Directors Roy and Mason - total 2. Therefore, the
Ordinance was declared PASSED.
(Director Mason re- enrolled at 8:03 P.M.)
Consideration was then given to Resolution No. 8,895,
entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD CONTRACTS FOR ONE AERIAL PLATFORM FIRETRUCK, TWO 4 X 4
UTILITY VEHICLES, TWO SPECIAL BODY TRUCKS WITH AERIAL LIFT AND
ROLL OFF, AND TWO DUMP TRUCKS FOR THE DEPARTMENT OF GENERAL
SERVICES /FLEET SERVICES DIVISION.
Fire Chief Webb responded to questions by Director Sharp
regarding the need for this expensive aerial platform firetruck.
Chief Webb stated that this truck will be used at Chenal Station
No. 21, and it is imperative to have a ladder truck at each
station to work in conjunction with the engine truck. In
response to questions by Director Lewellen, Chief Webb stated
this is an additional truck rather than a replacement, and in the
1994 Budget he will request personnel to operate the ladder
truck, which will be delivered in June or July of 1994. The
Resolution was read in full. Director Priest moved that the
Resolution be adopted. Director Lewellen seconded the motion and
the Resolution was adopted by unanimous voice vote of the Board
Members present.
A public hearing had been scheduled for this time and place
and notice thereof duly published on March 26, 1993 on the
projected use of the Community Development Block Grant Funds for
1993 and a proposed amendment to the FY 1992 (18th year) use of
CDBG funds. Mayor Dailey declared the public hearing open. Mr.
Ed Stanfield CDBG Manager, responded to questions by Board
Members. He explained that Pine Hill Subdivision is located off
Walker Street between 24th and 26th Streets and is approximately
2 blocks square. The preliminary plan was filed by the late Mr.
Coney and was for 22 lots, but only 8 lots have been developed.
The City has the opportunity to purchase the Subdivision to
develop as affordable homes. The $62,000 is for the acquisition
of the land. Mr. Tim Polk, Assistant Director of Neighborhoods
and Planning, made a slide presentation of the Pine Hill
Subdivision and locations of affordable housing in the John
Barrow Area and model block areas of Little Rock. In response to
a question by Director Lewellen, Mr. Holt also explained the
owner - occupied rehabilitation program and the Save -a -Home
program. Mr. Rocky Herman, speaking on behalf of the John Barrow
CDBG area, asked that Malloy Street replace Ludwig Street from
42nd to Asher under the list of Supplemental CDBG grant projects.
Mr. Stanfield responded that staff had no analysis for the cost
of Malloy Street and that the coordinating committee would have
to be poled. Director Priest suggested that the Resolution be
approved as is and then Staff can come back to the Board with an
amendment.
Mr. Foster Strong asked that item #4 (underground drainage
between 12th and 13th from Peyton to Adams) on the Supplemental
List be placed on the bottom of the priority list or down to #9.
Mr. Stanfield stated this request would also need to go back to
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the Coordinating Committee, but Staff has learned that part of
the project has already been completed and would be inclined to
agree to the request. Mayor Dailey declared the public hearing
closed, and Resolution No. 8,896 was presented, described as:
A RESOLUTION APPROVING VARIOUS PROJECTS AND ALLOCATIONS OF
FUNDS AS PROVIDED FOR IN THE CITY OF LITTLE ROCK'S COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR THE 19TH YEAR (FY
1993) ; ALLOCATING $62,000 FOR ACQUISITION OF PINE HILL HOMES
SUBDIVISION AND AMENDING THE 18TH YEAR (FY 1992) CDBG FINAL
STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE
OF FUNDS; APPROVING STREET AND DRAINAGE IMPROVEMENT PROJECTS
CONTINGENT UPON A SUPPLEMENTAL CDBG GRANT; APPROVING THE
EXPANSION BOUNDARIES OF THE WOODRUFF SCHOOL CDBG AREA TO INCLUDE
ALL OF CENSUS TRACT 14; AND APPROVING THE CDBG APPLICATIONS AND
AUTHORIZING THE FILING OF THE APPLICATIONS FOR SUCH FUNDS.
and there was a full reading of the Resolution. There was a
motion and second by Directors Lewellen and Mason, respectively,
for the adoption of the Resolution, and the Resolution was
adopted by unanimous voice vote of the Board Members present.
The next presentation was Ordinance No. 16,394, with the
title being:
AN ORDINANCE TO AMEND ORDINANCE NO. 16,331 (THE 1993 BUDGET
ORDINANCE) APPROPRIATING FUNDS FOR CERTAIN EXPENDITURES; AND
AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF
POLICE PATROL SEDANS;
and after the first reading of the Ordinance, there was a motion
by Director Priest, seconded by Director Mason, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by the Board Members present, being 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 Mason, 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 Dailey,
Directors Adcock, Priest, Sharp, Lewellen, and Mason - total 6;
Noes - None; Absent - Director Roy - total 1. The Ordinance was
then declared PASSED.
The last matter to be considered was Ordinance No. 16,395,
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. Jim Lawson, Director of Neighborhoods and Planning, stated
that there is a buyer for the property at 2509 South Brown Street
and the owner, Evelyn Jane Terry - Coleman, and the buyer have
requested thirty (30) days to make the transfer and get it
repaired.
Mr. Lawson also stated Mr. William H. Davis, the owner of 1724 -26
Bishop Street, has requested sixty (60) days to repair the
structure and he plans to live there.
George Barnes, owner of 1623 West 23rd Street, requested a sixty
(60) day administrative waiver in order to make repairs.
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Mrs. Anne Johnson asked for a report on the status of the
Guardian Court Apartments. City Manager Charles Nickerson stated
that Arkansas Baptist College will not be able to renovate the
buildings and will not be accepting the donation of the
apartments (see Minutes of January 19, 1993, and March 2, 1993).
The City is proceeding with the condemnation but has run into a
problem with the asbestos removal. The most economical way for
the removal has been rejected by Pollution Control and Ecology
but the City plans to ask for a waiver, and will be ready to
proceed as soon as that issue is resolved.
Mr. Alan Woods, Jr. requested a waiver for the condemned property
at 1720 Wright Avenue. He stated he started buying the property
in October and has a building permit for 1722 Wright Avenue. Mr.
Jim Hathcock, Neighborhood Programs Manager, stated that when
Staff realized the error - that 1720 and 1722 are the same
property (one is a vacant lot and the other is the condemned
building) - a stop work order was issued until the condemnation
issue is resolved. The Board agreed to grant a thirty (30) day
administrative waiver to work out the details.
Mr. Randall Mitchell, owner of 4623 West 25th Street, requested a
one hundred twenty (120) day administrative waiver. The house is
mortgaged and he has done extensive repairs, but additional work
will have to be done to the roof.
The Board of Directors agreed to grant administrative waivers as
requested: 30 days for 2509 S. Brown Street; 60 days for 1724 -26
Bishop Street; 60 days for 1623 West 23rd Street; 30 days for
1720 Wright Avenue; and 120 days for 4623 West 25th Street.
Mayor Dailey asked Staff to check on the building at 2310 Gaines
Street for condemnation.
The Ordinance was then read the first time. There was a
motion by Director Lewellen, seconded by Director Priest, 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, and there was a second
reading of the Ordinance. A subsequent motion was made by
Director Lewellen, and seconded by Director Priest, to again
suspend the rules and place the Ordinance on third and final
reading. The motion was unanimously adopted by the Board Members
present, being 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 Aye and No Vote taken on
passage of the Ordinance received the following response: Ayes -
Mayor Dailey, Directors Adcock, Priest, Sharp, Lewellen and Mason
- 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 Dailey, Directors Adcock, Priest, Sharp,
Lewellen and Mason - total 6; Noes - None; Absent - Director Roy
- total 1. Therefore, the Ordinance, together with the Emergency
Section, was declared PASSED.
There being no further business to be presented, the Board
of Directors adjourned at 8:55 o'clock P.M. to meet again in
regular session on Tuesday, April 20, 1993, at 6:00 o'clock P.M.
ATTEST:
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City Clerk Robbie Hancock
12
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APPROVED:
Mayor Jim Dailey