HomeMy WebLinkAbout04-20-9330.
Board of Directors Chamber
Little Rock, Arkansas
April 20, 1993 - 6:10 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 Roy, Sharp, Lewellen, Mason and Adcock -
total 5; Absent - Director Priest - total 1.
With a quorum present, Mayor Dailey declared the Board of
Directors in session, and the proceedings of the meeting are
recorded as follows.
The Invocation was given by Director Adcock, 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 special meeting held
March 31, 1993, and the regular meeting held April 6, 1993.
(b) Resolution No. 8,897, entitled:
A RESOLUTION GRANTING A FRANCHISE TO WORTHEN BANK TO
USE THE AIR SPACE ABOVE A PORTION OF THE RIGHT -OF -WAY OF
LOUISIANA STREET FOR A SKYBRIDGE AND FOR OTHER PURPOSES. (400
block of Louisiana Street.)
(c) Added to the Consent Agenda at the request of Finance
Director John Pryor was Resolution No. 8,898, described as:
A RESOLUTION SETTING THE DATE FOR PUBLIC HEARING ON MAY
18, 1993, TO CONSIDER AN ORDINANCE AUTHORIZING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE USF YEAST COMPANY.
Upon motion by Director Lewellen, which was seconded by Director
Adcock and unanimously adopted, the Consent Agenda was dispensed
with as follows: (a) The Minutes of the Board of Directors
special meeting held March 31, 1993, and the regular meeting held
April 6, 1993, were approved as written and distributed to the
Board of Directors; and (b and c) Resolutions No. 8,897 and 8,898
were read in full and adopted by unanimous voice vote of the
Board Members present.
Mayor Dailey read a proclamation which proclaimed April 20,
1993, as National Youth Services Day, and then presented
Certificates of Appreciation to 21 junior and senior high school
students from various schools within the Little Rock School
District for their contributions in helping others. Director
Adcock and Mr. Leon Tripp Bomar of Prudential Securities (co-
sponsor of the event) assisted Mayor Dailey in presenting the
Certificates and T- shirts to the students. Vice Mayor Mason
also congratulated the City staff and all the students and asked
the parents of the recipients to stand and be recognized.
Teachers, counselors and principals were also recognized.
Directors Lewellen and Roy presented Certificates of
Appreciation to the following individuals of companies and local
businesses for their efforts in the recycling program: Terry
Morgan and Carolyn Talley - Southwestern Bell & Associates; Leroy
Hendricks, Roy Biles and Ray Graves - Kroger Stores; Mark
Marcussen, Harry Janson, John Brown, Ron Willett and Terry Turner
- Harvest Foods; Steve Switters, Bill Greg and Bill Edwards -
Wal -Mart Industries.
1
i
302
Minutes
April 20, 1993
At the time allotted to Citizen Communications, Mr. Richard
Brittain, 503 East 6th St. Apt. 309, was the first speaker. Mr.
Brittain said he was appalled that members of the Fraternal Order
of Police (F.O.P.) are distributing fliers at the Little Rock
Municipal Airport regarding crime in the City of Little Rock, but
the fliers do not mention the labor dispute between the City and
F.O.P. Mr. Brittain concluded by saying the F.O.P. is trying to
scare the people of Little Rock and visitors to the City, and the
Board of Directors should do something to make it clear that the
Board won't tolerate this anymore.
Mr. Jim Lynch, Vice President of the Coalition of Little
Rock Neighborhoods, read a prepared statement to convey the
Coalition's sentiment that the recent Chancery Court ruling
regarding the rezoning on Highway 10 (Z -5646 - National Home
Center PCD at Highway 10 and Taylor Loop Road) should not be
appealed. (See Minutes of 1 -1 -93, 1- 27 -93, 2- 16 -93.)
Mr. Hugh Earnest, 212 Kingsrow, was the last speaker under
Citizen Communications. He read a prepared statement urging the
Board of Directors to delay action to increase the garbage
collection fees to finance the new City landfill. He said the
fee increase should be delayed until the Board is assured that
every management and policy option has been carefully reviewed.
(NOTE: See Ordinance No. 16,410 which increased garbage fees.)
The first zoning item on the Agenda was a proposed Ordinance
to rezone property at I -30 and Baseline Road (Z- 3459 -A) from "I-
2" Light Industrial District to "C -3" General Commercial
District. Prior to the meeting, the Applicant had requested that
the item be deferred until May 4, 1993. Therefore, the Ordinance
was deferred and no action was taken.
Consideration was then given to Zoning Application Z -5658,
filed by John and Avay Jaynes, to rezone 623 South Pine Street
from 11R -4" Two- family District to 11R -5" Urban Residence District.
The reclassification was approved by the Planning Commission on
March 23, 1993. No one was present to speak in opposition to the
rezoning and Ordinance No. 16,396 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 -5658 - To rezone 623 South Pine Street [the south 30 feet of
Lot 7 and all of Lot 8, Block 3, Heiseman's Addition] from 11R -4"
Two - family District to 11R -5" Urban Residence District.)
and the Ordinance was read the first time, followed by a motion
to suspend the rules and place the Ordinance on second reading.
The motion was made by Director Lewellen, seconded by Director
Roy, 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. The Ordinance was then read the second time.
There was a subsequent motion made by Director Lewellen that the
rules be further suspended to provide for the third and final
reading of the Ordinance. The motion was seconded by Director
Roy and 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. 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 Adcock, Roy, Sharp, Lewellen, Mason, and Mayor Dailey -
total 6; Noes - None; Absent - Director Priest - total 1. The
Ordinance was then declared PASSED.
r.
Minutes
April 20, 1993
303
The next matter to be considered was the application from
Rollin Caristianos for Eramaline Garrett to reclassify
approximately 10 acres in the 13,400 block of West Baseline Road
(Z -5666) from "MF -6" and "MF -12" Multifamily Districts to 11R -2"
Single - family District. The rezoning was approved by the
Planning Commission on March 23, 1993. No opposition was
presented and Ordinance No. 16,397 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 -5666 - To rezone 13,400 block of West Baseline Road [long
legal description] from "MF -6" and "MF -12" Multifamily Districts
to "R -2" Single - family District.
and the Ordinance was read the first time, followed by a motion
to suspend the rules and place the Ordinance on second reading.
The motion was made by Director Lewellen, seconded by Director
Roy, 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. The Ordinance was then read the second time.
There was a subsequent motion made by Director Lewellen that the
rules be further suspended to provide for the third and final
reading of the Ordinance. The motion was seconded by Director
Roy and 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. 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 Adcock, Roy, Sharp, Lewellen, Mason, and Mayor Dailey -
total 6; Noes - None; Absent - Director Priest - total 1. The
Ordinance was then declared PASSED.
The next presentation was a rezoning application filed by
Hubert D. Fugett for Shur -Yalu Stamps, Inc. to reclassify 25.32
acres at 12,103 I -30 (Z -5667) from "R -2" Single - family District
to 11I -2" Light Industrial and "OS" Open Space Districts. The
application was approved by the Planning Commission on March 23,
1993. No opposition was presented and Ordinance No. 16,398 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 -5667 - To rezone 25.32 acres south and southeast of 12,103
I -30 [long legal description] from "R -2" Single - family District
to 11I -2" Light Industrial and "OS" Open Space Districts.)
and the Ordinance was read the first time, followed by a motion
to suspend the rules and place the Ordinance on second reading.
The motion was made by Director Lewellen, seconded by Director
Roy, 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. The Ordinance was then read the second time.
There was a subsequent motion made by Director Lewellen that the
rules be further suspended to provide for the third and final
reading of the Ordinance. The motion was seconded by Director
Roy 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. 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 Adcock, Roy, Sharp, Lewellen, Mason, and Mayor
Dailey - total 6; Noes - None; Absent - Director Priest - total
1. The Ordinance was then declared PASSED.
3
t�
304
Minutes
April 20, 1993
Introduced next was Ordinance No. 16,399, described as:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE CHENAL
DISTRICT, LOCATED NORTH OF THE MARKHAM - CHENAL PARKWAY
INTERSECTION, FROM PUBLIC USE TO OPEN SPACE AND MULTIFAMILY TO
PUBLIC AND COMMERCIAL USES; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time, followed by a motion
to suspend the rules and place the Ordinance on second reading.
The motion was made by Director Lewellen, seconded by Director
Roy, 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. The Ordinance was then read the second time.
There was a subsequent motion made by Director Lewellen that the
rules be further suspended to provide for the third and final
reading of the Ordinance. The motion was seconded by Director
Roy 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. 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 Adcock, Roy, Sharp, Lewellen, Mason, and Mayor
Dailey - total 6; Noes - None; Absent - Director Priest - total
1. The Ordinance was then declared PASSED.
Consideration was then given to Zoning Application Z -5668
filed by James E. Hathaway, Jr. for Andrew J. McDonald, as Bishop
of the Roman Catholic Diocese of Little Rock, to rezone 17 acres
located at West Markham Street and Chenal Parkway from "R -5"
Urban Residence District to "C -3" General Commercial District.
The reclassification was approved by the Planning Commission on
March 23, 1993. There was no opposition to the rezoning and
Ordinance No. 16,400 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 -5668 - To rezone 17.6 acres located at West Markham Street and
Chenal Parkway from "R -5" Urban Residence 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 Lewellen, seconded by Director
Roy, 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. The Ordinance was then read the second time.
There was a subsequent motion made by Director Lewellen that the
rules be further suspended to provide for the third and final
reading of the Ordinance. The motion was seconded by Director
Roy 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. 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 Adcock, Roy, Sharp, Lewellen, Mason, and Mayor
Dailey - total 6; Noes - None; Absent - Director Priest - total
1. The Ordinance was then declared PASSED.
Zoning Application Z -5669 to rezone 2.5 acres at Asher
Avenue and Martin Street (Tracts 3 and 4, Ella Tribbles
Subdivision, the west 1/2 of the closed West 26th Street and Lot
4, Shelby and Reynolds Subdivision) from 11I -2" Light Industrial
District to 110-3" General Office District, was the next
presentation. The application was filed by James Washington for
Word of Outreach Ministries and owner Wallace Caradine, and was
4
vU
Minutes
April 20, 1993
approved by the Planning Commission on March 23, 1993. There
being no opposition to the reclassification, Ordinance No. 16,401
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 -5669 - To rezone 2.5 acres at Asher Avenue and Martin Street
[Tracts 3 and 4, Ella Tribbles Subdivision, the west 1/2 of the
closed West 26th Street and Lot 4, Shelby and Reynolds
Subdivision] from 11I -2" Light Industrial District to "0-3"
General Office District.)
and the Ordinance was read the first time, followed by a motion
to suspend the rules and place the Ordinance on second reading.
The motion was made by Director Lewellen, seconded by Director
Roy, 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. The Ordinance was then read the second time.
There was a subsequent motion made by Director Lewellen that the
rules be further suspended to provide for the third and final
reading of the Ordinance. The motion was seconded by Director
Roy 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. 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 Adcock, Roy, Sharp, Lewellen, Mason, and Mayor
Dailey - total 6; Noes - None; Absent - Director Priest - total
1. The Ordinance was then declared PASSED.
Introduced next was Zoning Application Z -5670, filed by
Sherman Lewis, to reclassify property at 9722 West Markham Street
from "R -2" Single- family District to 110-3" General Office
District. The application was approved by the Planning
Commission on March 23, 1993. There being no opposition to the
reclassification, Ordinance No. 16,402 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 -5670 - To rezone 9722 West Markham Street from "R -2" Single -
family District to 110-3" General Office District.)
and the Ordinance was read the first time, followed by a motion
to suspend the rules and place the Ordinance on second reading.
The motion was made by Director Lewellen, seconded by Director
Roy, 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. The Ordinance was then read the second time.
There was a subsequent motion made by Director Lewellen that the
rules be further suspended to provide for the third and final
reading of the Ordinance. The motion was seconded by Director
Roy 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. 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 Adcock, Roy, Sharp, Lewellen, Mason, and Mayor
Dailey - total 6; Noes - None; Absent - Director Priest - total
1. The Ordinance was then declared PASSED.
5 t
1� 4
306
Minutes
April 20, 1993
Consideration was then given
entitled:
to Ordinance No. 16,403,
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A "PRD" DISTRICT TITLED "GRAY SHORT -FORM PRD" (2016
NORTH VAN BUREN STREET) (Z -5661) 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 -5661 - Gray Short -Form PRD [all of Lot 1, Block 26, Newton
Addition] at 2016 North Van Buren Street.)
and the Ordinance was read the first time, followed by a motion
to suspend the rules and place the Ordinance on second reading.
The motion was made by Director Lewellen, seconded by Director
Roy, 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. The Ordinance was then read the second time.
There was a subsequent motion made by Director Lewellen that the
rules be further suspended to provide for the third and final
reading of the Ordinance. The motion was seconded by Director
Roy 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. 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 Adcock, Roy, Sharp, Lewellen, Mason, and Mayor
Dailey - total 6; Noes - None; Absent - Director Priest - total
1. The Ordinance was then declared PASSED.
The last zoning application to be considered was Z -5653
filed by Freeling Properties for Stephens Group, Inc. to rezone
Blocks 18 and 19, and that part of Block 20 lying south and west
of Interstate 30, Pope's Addition to the City of Little Rock
(between East 4th Street, East Capitol, Commerce and I -30) from
High Density Residential District to General Business District
(for the proposed U.S. Post Office Facility). The
reclassification was approved by the Planning Commission on March
9, 1993.
Mr. Jack F. See, Jr. stated he was representing Wittenberg,
Delony & Davidson, the architects for the proposed U.S. Post
Office facility, and was present as a resource for the Donaghey
Project.
Ms. Cheryl Nichols, representing the Quapaw Quarter
Association, stated that getting the Donaghey Project involved in
the design and planning process was a very good idea.
Mr. George Wittenberg, Director of the Donaghey Project,
explained that the Donaghey Project is a new program of U.A.L.R.
involved with cities working in urban design, planning and
landscape architecture, and was organized to teach students in
real world situations like the post office. The Donaghey Project
has been working with the Quapaw Quarter Association, the
Historic District Commission, the City of Little Rock, the Post
Office officials, and Wittenberg, Delony and Davidson Architects
regarding this sensitive site which offers the potential of being
a real gateway into the City of Little Rock.
Mr. Stephen Rousseau, adjunct professor with the Donaghey
Project, then made a presentation of the proposed development and
the three alternatives that were considered, one of which has
been accepted by the groups involved. Alternative (A) oriented
the Post Office facing west toward downtown; Alternative (B)
oriented the Post Office facing Capitol Avenue; and Alternative
(C) oriented the Post Office facing east toward Interstate 30.
Alternative (C) is being recommended by the Donaghey Project.
With the purchase of additional property fronting I -30, this
development could create a gateway to Little Rock and a point of
6
307
Minutes
April 20, 1993
beginning for Capital Avenue which has a terminus at the State
Capitol. There was a brief discussion regarding the fire lane,
since Sherman Street is being vacated and closed. Mr. Rousseau
stated the exact location has not been determined, but the Post
Office has agreed to maintain access across the site for
emergency vehicles, primarily fire trucks.
Following Mr. Rosseau's presentation and response to
questions, Ordinance No. 16,404 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 -5653 - Block 18, Block 19, and that part of Block 20 lying
south and west of Interstate 30, Pope's Addition from "HDR" High
Density Residential District to "GB" General Business District -
for proposed U.S. Post Office located between East Capitol, East
4th Street, Commerce Street and I -30.)
and after a first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Adcock, 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 a second reading of the Ordinance ensued.
There was a subsequent motion by Director Lewellen, seconded by
Director Adcock, 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 there was
a third and last reading of the Ordinance. The Aye and No Vote
taken on passage of the Ordinance resulted as follows: Ayes -
Directors Adcock, Roy, Sharp, Lewellen, Mason, and Mayor Dailey -
total 6; Noes - None; Absent - Director Priest - total 1.
Therefore, the Ordinance was declared PASSED.
A public hearing had been scheduled for this time and place
by Resolution No. 8,890, and notice thereof duly published on
April 13, 1993, and April 20, 1993, on the petition filed by Mr.
Rick Freeling, agent for Stephens Group, Inc., to vacate and
close the 60 ft. right -of -way of Sherman Street from East 4th
Street to East Capitol Avenue between Blocks 18 and 19, Pope's
Addition of the City of Little Rock (pursuant to authority
granted in Arkansas Code Annotated Section 14 -54 -104, Michie
1987). Attached to the petition was a certified copy of the
plat of Pope's Addition from the Pulaski County Circuit Clerk's
Office and a letter from Beach Abstract & Guaranty Company
listing the last apparent owners of record to the abutting
property. The street closure was approved by the Planning
Commission on March 9, 1993. Mayor Dailey declared the public
hearing open. (See discussion of Ordinance No. 16,404 above
related to fire lane.) No one was present to speak in opposition
to the closure; therefore, Mayor Dailey declared the public
hearing closed, and Ordinance No. 16,405 was presented, with the
title being:
AN ORDINANCE VACATING AND CLOSING SHERMAN STREET BETWEEN
EAST CAPITOL AVENUE AND EAST FOURTH STREET IN POPE'S 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 Adcock, 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 a second reading of the Ordinance ensued.
There was a subsequent motion by Director Lewellen, seconded by
7
�. -A
Minutes
April 20, 1993
Director Adcock, 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 there was
a third and last reading of the Ordinance. The Aye and No Vote
taken on passage of the Ordinance resulted as follows: Ayes -
Directors Adcock, Roy, Sharp, Lewellen, Mason, and Mayor Dailey -
total 6; Noes - None; Absent - Director Priest - total 1.
Therefore, the Ordinance was declared PASSED.
A public hearing had been scheduled by Resolution No. 8,891
for this time and place to consider the petition to vacate and
abandon a public utility easement in Block 18 of Pope's Addition.
(Note: Resolution No. 2,260, adopted December 1, 1958 vacated
and closed alley but retained utility easement.) The notice of
hearing was published on April 13, 1993, and April 20, 1993. The
petition was filed by Freeling Properties for Stephens Group,
Inc. Attached to the petition was a certified copy of the plat
of Pope's Addition from the Pulaski County Circuit Clerk's
Office, and a letter from Beach Abstract & Guaranty Company
listing the last apparent owners of record to the abutting
property. Mayor Dailey declared the public hearing open. No one
was present to speak in opposition to the abandonment; therefore,
Mayor Dailey declared the public hearing closed, and Ordinance
No. 16,406 was introduced, described as:
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN BLOCK 18
OF POPE'S 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 Adcock, 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 a second reading of the Ordinance ensued.
There was a subsequent motion by Director Lewellen, seconded by
Director Adcock, 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 there was
a third and last reading of the Ordinance. The Aye and No Vote
taken on passage of the Ordinance resulted as follows: Ayes -
Directors Adcock, Roy, Sharp, Lewellen, Mason, and Mayor Dailey -
total 6; Noes - None; Absent - Director Priest - total 1.
Therefore, the Ordinance was declared PASSED.
A public hearing had been scheduled for this time and place
by Resolution No. 8,892, on the petition filed by Joe White,
agent for Larry A. Hoffman, to vacate and close a 448' by 50'
dedicated but unused right -of -way bounded by Tract 66 of Little
Rock Industrial District on the west and Interstate 30 right -of-
way on the east beginning at the Union Pacific Railroad and
running north 448 feet. The notice of hearing was duly published
on April 13, 1993, and April 20, 1993. Attached to the petition
was a certified copy of the plat 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 of
abutting property. Mayor Dailey then declared the public hearing
open. With no one present to speak in opposition, Mayor Dailey
declared the public hearing closed and Ordinance No. 16,407 was
presented, with the title being:
AN ORDINANCE VACATING AND CLOSING WEST 60TH STREET ADJACENT
TO TRACT 66 IN THE LITTLE ROCK INDUSTRIAL DISTRICT, AN 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 Mason and seconded by Director Lewellen, which was
unanimously adopted by the Board Members present, being six in
l
Minutes
April 20, 1993
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 Mason that the rules be
further suspended and the Ordinance be placed on third and final
reading. Director Adcock seconded the motion 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. 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 Adcock, Roy, Sharp, Lewellen, Mason, and Mayor Dailey -
total 6; Noes - None; Absent - Director Priest - total 1.
Therefore, the Ordinance was declared PASSED.
A public hearing had been scheduled for this time and place
by Resolution No. 8,893, on the petition filed by Trema
Fleischauer, et al, to vacate and close all of the 20' wide 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 H. F. Buhler's Ninth Addition and Block 3 of Sidney J. Johnson
Addition of the City of Little Rock. The notice of hearing was
duly published on April 13, 1993, and April 20, 1993. Attached
to the petition was a certified copy of the plat 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 of abutting property. Mayor Dailey then declared the
public hearing open. With no one present to speak in opposition,
Mayor Dailey declared the public hearing closed and Ordinance No.
16,408 was presented, entitled:
AN ORDINANCE VACATING AND CLOSING 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;
and the Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion
from Director Adcock and seconded by Director Lewellen, 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. 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 Mason seconded the motion 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. 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 Adcock, Roy, Sharp, Lewellen, Mason, and Mayor Dailey -
total 6; Noes - None; Absent - Director Priest - total 1.
Therefore, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 16,409,
entitled:
AN ORDINANCE AUTHORIZING THE TRANSFER OF THE REVENUES FROM
THE CITY OF LITTLE ROCK, ARKANSAS' WASTE DISPOSAL SYSTEM FROM THE
CITY'S GENERAL FUND TO THE WASTE DISPOSAL REVENUE FUND;
AUTHORIZING THE CONSTRUCTION OF BETTERMENTS AND IMPROVEMENTS TO
THE WASTE DISPOSAL SYSTEM OF THE CITY; AUTHORIZING THE ISSUANCE
AND SALE OF WASTE DISPOSAL REVENUE BONDS; PROVIDING FOR THE
PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS;
PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN
EMERGENCY;
and the Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion
from Director Adcock and seconded by Director Lewellen, which was
0
�l
300
310
Minutes
April 20, 1993
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. 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 Mason seconded the motion 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 Ordinance was read the third and last time.
Before the vote was taken on passage of the Ordinance, there
was a lengthy discussion related to both the new landfill and the
garbage fee increase. (See Ordinance No. 16,410 below also.)
Director Roy asked if the garbage fees needed to be raised
to pay for the bonds. Mr. Mike Batie, Director of Public Works,
said the garbage fees would need to be raised in order to meet
the bonds and the payoff. Director Roy questioned what would
happen if the bond ordinance is passed, but the garbage fees are
not increased. Both Mr. Batie and Mr. John Pryor, Director of
Finance, stated the bonds would not be issued if the garbage fees
are not increased. Mr. Batie agreed with Director Roy's
statement that it is not possible to build the waste disposal
facility out of the current revenues.
Mr. Batie then explained that in 1989 an Authority was
proposed to construct a landfill for the entire region which was
more than the Pulaski County area, but the City of Little Rock
decided not to be a part of the Authority. The Public Works
Department was instructed to continue on and start the process to
construct a landfill for the City of Little Rock. The City has
entered into an agreement with the Pulaski County Solid Waste
Management District that if at any time the District would like
to purchase the landfill that they have the options through the
bonding capacity.
Mr. Wes Lowder, Mehlburger Engineers, explained there are
two compelling reasons for this Ordinance. The first is the need
for a new landfill because the City's present landfill is nearing
capacity. The second reason is that in 1991 the federal
government passed regulations that require certain things be
done.
Mr. Keith Ballard, project manager, Mehlburger Engineers,
then explained the government regulations effective October 8,
1993. He said the new landfill would be a Class I landfill, with
a Class IV landfill scalehouse, and a composting facility. He
explained the regulations regarding clay liner, leachate, gas
monitoring, ground water monitoring wells, surface water
monitoring, yard waste, etc. The new site will provide a
landfill capacity for fifty years for the City of Little Rock and
a yard waste processing facility. He concluded his presentation
by stating the new landfill would meet all the requirements of
the new regulations. Director Sharp asked Mr. Ballard how long
the City can go without building a new landfill. Mr. Ballard
responded: "Less than 2 years, but if you do not close the
current landfill by October 9, 1993, there will be new
requirements to be met. So realistically you only have until
October, unless you want to make an additional investment in the
closure of that facility and maintaining of that facility for an
additional 28 years - - probably in excess of $150,000 per year."
Upon question by Director Sharp, Mr. Batie responded that
the $1.50 rate increase in January, 1993, was for operational
costs, i.e. the hiring of 8 people for the composting facility
and others to help close the existing facility, essentially one -
half year of personnel costs. The alternative plan if this does
not pass is to look at other landfills in the area. Director
Sharp expressed strong opposition to another garbage rate
increase in less than four months, stating there should be
10
Minutes
April 20, 1993
311
another way to fund the facility. Mr. John Pryor, Finance
Director, stated that a $1.5 million budget cut at mid point of
the year would be a major effort. Interim City Manager Charles
Nickerson reminded Board Members that the reality is that 70% of
the budget is salaries, so people and projects would have to be
cut. Mr. Pryor also stated that using a private facility would
cost $2 million or $2.5 million per year which is the amount
being proposed with this fee levy. Mr. Batie has proposals for
adjusting the rate schedule in the near future.
Director Roy had questions regarding a four county regional
solid waste authority, or a Pulaski County Solid Waste Management
District - would the regional approach lower the cost for the
City. Mr. Batie responded that the possibility of a four county
region is very small, but there is an agreement with Pulaski
County Solid Waste Management District which includes all
municipalities in Pulaski County. The problem is the other
cities have contracts with other landfills.
Mayor Dailey had questions regarding comparable rates,
variable rates, and the equity issue. Mr. Batie responded by
saying the comparable rates quoted by Mr. Earnest do not include
the cost of the new regulations; variable rates are for 30 -50 -90
gallon carts with a different rate for each with once a week
service. However, there is the initial $2 million cost of the 90
gallon carts. He will have a report on variable rates in mid -
May.
Mr. Pryor emphasized that the City has to have evidence that
it will levy the rates necessary to issue the bonds; the bonds
can't be issued without a revenue stream to pay for those bonds.
The discussion continued regarding equity issues,
amortization, privatization, cost outlay for the 90 gallon carts,
once a week service with options for lowering the costs, and the
possibility of lowering the garbage collection fees in a couple
of months if the City finds a cost savings.
Following the lengthy discussion, an Aye and No Vote was
taken on the question, Shall the Ordinance Pass, with the
response being: Ayes - Directors Adcock, Roy, Lewellen, Mason and
Mayor Dailey - total 5; Noes - Director Sharp - total 1; Absent -
Director Priest - total 1.
The Emergency Clause contained in Section 43 of the
foregoing Ordinance was then read and adopted by the following
roll call vote: Ayes - Directors Adcock, Roy, Mason and Mayor
Dailey - total 4; Noes - Director Sharp - total 1; Absent -
Directors Priest and Lewellen - total 2. (Note: Director
Lewellen was out of the room when the vote was taken on the
Emergency Clause.) Therefore, the Ordinance, together with the
Emergency Section, was then declared PASSED.
The next presentation was Ordinance No. 16,410, entitled:
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; DECLARING AN EMERGENCY; AND
FOR OTHER PURPOSES;
(Residential rates - $14.25 per month; Commercial rates - $5.50
per month per cubic yard but not less than $25.00 per month.)
and the Ordinance was read the first time. (See Ordinance No.
16,409 above for discussion.) The rules were suspended and the
Ordinance placed on second reading by a motion from Director
Lewellen, which was seconded by Director Mason 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.
Upon second reading of the Ordinance, there was a subsequent
11
312
Minutes
April 20, 1993
motion made by Director Mason that the rules 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 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, followed by an
Aye and No Vote taken on the question, Shall the Ordinance Pass,
with the response being: Ayes - Directors Adcock, Roy, Lewellen,
Mason and Mayor Dailey - total 5; Noes - Director Sharp - total
1; Absent - Director Priest - total 1.
(Director Lewellen was excused at 8:15 P.M.)
The Emergency Clause contained in Section 4 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes - Directors Adcock, Roy, Mason and Mayor Dailey -
total 4; Noes - Director Sharp - total 1; Absent - Directors
Priest and Lewellen - total 2. Therefore, the Ordinance,
together with the Emergency Section, was then declared PASSED.
Resolution No. 8,899 was the next presentation, with the
title being:
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE BID PROPOSAL
FROM THE FOUR F CORPORATION, AND AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A CONTRACT WITH THE FOUR F CORPORATION, FOR
THE CONSTRUCTION OF THE CITYfS NEW SOLID WASTE FACILITIES; SUCH
CONTRACT TO BE CONTINGENT UPON COMPLETION OF THE METHOD OF
FINANCING AND OTHER CONDITIONS; AND FOR OTHER PURPOSES;
and the Resolution was read in full. There was a motion and
second by Directors Adcock and Mason, respectively, that the
Resolution be adopted. The Resolution was adopted by the
following roll call vote: Ayes - Directors Adcock, Roy, Mason,
and Mayor Dailey - total 4; Noes - Director Sharp - total 1;
Absent - Directors Priest and Lewellen - total 2.
The next presentation was Ordinance No. 16,411, described
as:
AN ORDINANCE TO APPROPRIATE $100,000 FROM THE ECONOMIC
DEVELOPMENT FUND FOR PURPOSES OF FUNDING THE LITTLE ROCK
ADVERTISING AND PROMOTION COMMISSION TO BE USED PURSUANT TO ITS
STATUTORY AUTHORITY IN ARKANSAS CODE ANNOTATED SECTION 26 -75 -606
(MICHIE 1987); TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES;
(Re: Pertaining to a proposed President Bill Clinton exhibit at
the Old State House.)
(Director Lewellen re- enrolled at 8:20 P.M.)
(Director Roy was excused at 8:20 P.M.)
and the Ordinance was read the first time. Mr. Shelby Woods,
Vice President of Communications and a member of the Greater
Little Rock Chamber of Commerce, spoke in support of the Clinton
museum, stating this is an opportunity for the City of Little
Rock to enter into a partnership with the State of Arkansas and
the business community to develop a Clinton Museum to collect
memorabilia of a citizen of the City who became President of the
United States. In response to a question by Director Adcock, Mr.
Woods stated the State of Arkansas is supposed to contribute
$100,000 and the Chamber is responsible for raising $100,000 to
$300,000 to match the City and State contributions, for a total
of $300,000 to $500,000. There was a motion by Director Mason to
suspend the rules and place the Ordinance on second reading. The
motion was seconded by Director Sharp 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. (Director
Roy re- enrolled at 8:25 P.M.) Following the second reading of the
12
Minutes
April 20, 1993
313
Ordinance, there was a subsequent motion and second by Directors
Mason and Adcock, respectively, to again suspend the rules and
place the Ordinance on third and final reading. The motion was
unanimously adopted by the Board Members present, being 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.
An Aye and No Vote was taken on passage of the Ordinance and
received the following response: Ayes - Directors Adcock, Roy,
Sharp, Lewellen, Mason and Mayor Dailey - total 6; Noes - None;
Absent - Director Priest - total 1.
The Emergency Clause contained in Section 2 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes - Directors Adcock, Roy, Sharp, Lewellen, Mason and
Mayor Dailey - total 6; Noes - None; Absent - Director Priest -
total 1. Therefore, the ordinance, together with the Emergency
Section, was declared PASSED.
The next item on the Agenda was a proposed Ordinance
entitled: AN ORDINANCE AUTHORIZING THE CITY OF LITTLE ROCK TO
ENTER INTO A LEASE AGREEMENT WITH USF YEAST COMPANY FOR PROPERTY
AT 10001 INDUSTRIAL HARBOR DRIVE ALONG THE FRED I. BROWN
SLACKWATER HARBOR WITHIN THE LITTLE ROCK PORT INDUSTRIAL PARK.
The Ordinance was deferred; therefore, no was action taken. (See
Resolution No. 8,898 in Consent Agenda.)
The last presentation was Resolution No. 81900, entitled:
A RESOLUTION AUTHORIZING DESIGN COMPLETION OF THE THIRD
STREET VIADUCT PROJECT USING THE OFF -SITE DETOUR OPTION.
(To remove the existing bridge, construct the new structure in
the same location and detour traffic off -site while construction
is underway.)
and the Resolution was read in full. Mr. James B. Lovette, owner
of Lovette Employment Agency located in the Executive Building at
2020 West Third Street, said detouring the traffic to I -630 will
put him out of business and urged the Board to find a better
option. Mrs. Jane Krutz, Manager of the Executive Building, said
the Executive Building has lost tenants and prospects because of
the proposed detour of Third Street traffic, and urged the Board
to see what could be done to keep Third Street open. Interim
City Manager Charles Nickerson gave a brief history of the Third
Street Viaduct project, stating the City had employed an
additional firm to look at the issues and come up with
alternatives. Mr. Mike Batie, Director of Public Works,
explained the five options: (1) Off -site detour - remove
existing bridge, construct new structure in the same location,
detour traffic off -site during construction, time required: less
than one year, cost: $2,896,000. (2) Stage Construction -
reconstruct bridge, same location, in two stages, traffic
detoured on -site, existing bridge shored while being used as a
detour; time required: three years, cost: $4,100,000. (3) New
Bridge Location - construct a new bridge to the south of the
existing structure on the State Capitol grounds, traffic
continues to use existing bridge until new structure is complete,
would require removal of steam power plant on Capitol grounds,
State Building Services objects to use of Capitol grounds, time
required: two years, cost: $4,300,000. (4) On -Site Detour Bridge
- construct a detour bridge south of the existing structure,
remove the existing viaduct, and construct the new bridge in same
location, time required: two years, cost: $3,900,000. (5) Second
Street Detour - construct a detour route along the Second Street
right -of -way, north of the existing structure, with a temporary
at -grade railroad crossing, because of safety considerations the
Union Pacific Railroad would not allow the crossing, time
required: three years, cost: $3,400,000. Mr. Batie concluded his
presentation by recommending Option (1) Off -site Detour.
13
314
Minutes
April 20, 1993
Assistant City Attorney Peggy Johnson stated a major concern
of the City would be the potential liability that would stem from
continued use of the bridge after being notified that the bridge
was structurally unsound.
MA lengthy discussion ensued. Mrs. Krutz urged the Board to
require the contractor to work 24 hours around the clock with
three crews seven days a week to complete the construction as
soon as possible. Mr. Bill Anderson, City Engineer, said there
would be an incentive clause in the contract to expedite the
construction but that would be worked out when the contractor is
selected. Mrs. Krutz also suggested that City buses and heavy
trucks should be prohibited from using the bridge. Director
Sharp asked that Mrs. Krutz' suggestion be made a directive.
Mayor Dailey directed Interim City Manager Charles Nickerson to
take the necessary action to immediately prohibit City buses and
heavy trucks from using the Third Street Bridge. There was a
motion and second by Directors Roy and Mason, respectively, to
adopt the Resolution, and the Resolution was adopted by unanimous
voice vote of the Board Members present.
Mrs. Lorene Livingston, 1916 South Schiller, arrived too
late to speak at Citizen Communications time; however, Mayor
Dailey allowed her to address the Board of Directors at the end
of the meeting. She stated she had been reporting some abandoned
houses since 1988 but nothing has been done about them. The
abandoned house at 1924 Schiller Street is the most dangerous.
She gave a list of houses to Mayor Dailey, who gave it to Mr. Jim
Lawson, Director of Neighborhoods and Planning, for
investigation.
Interim City Manager Charles Nickerson made a follow -up
report to the Board of Directors on an issue reported at a recent
Board meeting:
(1) On April 6, 1993, Mayor Dailey requested a report on a
fire - damaged house at 2310 Gaines Street that was
reported by Ms. Kathy Wells. The structure was damaged
in late 1990, but had not been actually condemned,
allowing for rehabilitation. There was another fire on
April 5, 1993, that put the structure to a point of
being unsafe. Full condemnation has proceeded and a
thirty day notice has been issued, and after that point
full demolition action will be taken.
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, May 4, 1993, at 6:00 o'clock P.M.
ATTEST:
City Clerk Robbie Hancock
14
APPROVED:
M or Jim Dailey