HomeMy WebLinkAbout08-17-93NOTE: The Board of Directors held a work session on Future -
Little Rock Goals at 5:00 P.M.; therefore, the regular meeting
did not start until 6:50 P.M. All seven Directors attended the
work session.
Board of Directors Room
Little Rock, Arkansas
August 17, 1993 - 6:50 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 was present and called the roll with the
following Directors in attendance: 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 Mayor Dailey, followed by the
Pledge of Allegiance.
The Consent Agenda was presented, consisting of the
following items:
(a) Approval of the Minutes of the Board of Directors
Meeting held June 15, 1993.
(b) The Central Arkansas Library System Financial Statement
for the years ended December 31, 1992 and 1991.
(c) The 1992 Annual Report of the Little Rock Municipal
Water Works.
(d) The Abstract of Votes of the Special Election held July
27, 1993, on the proposal to reorganize the City Manager
Government with 7 members of the Board of Directors elected from
wards and 3 members of the Board of Directors elected at -large
and a directly elected Mayor.
(e) The Abstract of Votes of the Special Election held July
27, 1993, on the proposal to increase the library tax millage for
maintenance and operation of the public city libraries.
(f) The Abstract of Votes of the Special Election held July
27, 1993, on the proposal to levy an ad valorem tax for a public
city library capital improvements bond project.
(g) Resolution No. 8,970, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE A PORTION OF WEST MARKHAM STREET
ABUTTING LOT 1, BLOCK 5, UNION DEPOT ADDITION OF THE CITY OF
LITTLE ROCK, ARKANSAS. (September 7, 1993)
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(h) Resolution No. 8,971, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF A CLEAR IMAGING
SYSTEM AND RADIO FREQUENCY IDENTIFICATION SYSTEM FOR THE
DEPARTMENT OF PUBLIC WORKS /SOLID WASTE DIVISION. (MCS Group -
not to exceed $28,530 for clear imaging system; Interface Logic
Systems - not to exceed $37,487.50 for radio frequency
identification system.)
(i) Resolution No. 8,972, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE WIDENING OF LEE AVENUE FROM
PIERCE STREET TO TYLER STREET, A 1988 CAPITAL IMPROVEMENT BOND
PROJECT. (Hogan Construction Co. - not to exceed $162,814.54.)
(j) Resolution No. 8,973, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CHANGE ORDER WITH MOTOROLA, INC. TO INCLUDE COMPUTER HARDWARE AND
SOFTWARE TO BRING MOBILE DATA TERMINALS (MDT'S) ON LINE FOR THE
POLICE AND FIRE DEPARTMENTS.
(k) Resolution No. 8,974, described as:
A RESOLUTION APPROVING USE OF THE FEDERAL FISCAL YEAR
1993 HOME INVESTMENT PARTNERSHIPS ENTITLEMENT GRANT FOR OPERATING
FUNDS FOR COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDOs) AS
AMENDED; AND FOR OTHER PURPOSES.
(1) Resolution No. 8,975, with the title being:
A RESOLUTION APPROVING THE REVISED ESTIMATE OF USE OF
FISCAL YEAR 1992 HOME INVESTMENT PARTNERSHIP GRANT FUNDS; AND FOR
OTHER PURPOSES.
(m) Resolution No. 8,976, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE RODNEY PARHAM WIDENING PROJECT,
A PART OF THE SYSTEMATICS, INC. EXPANSION. (Hogan Construction
Company - not to exceed $285,154.13.)
(n) Resolution NO. 8,977, described as:
A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK
TO EXECUTE A ROAD EASEMENT ACROSS CITY LANDS FOR A. P. GREEN
INDUSTRIES, INC. (Land for solid waste facility on Ironton
Cutoff Road.)
(o) Resolution No. 8,978, with the title being:
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)
Upon motion by Director Roy, seconded by Director Adcock, which
was unanimously adopted by the Board Members present, the Consent
Agenda was dispensed with as follows: (a) The Minutes of the
Board of Directors meeting held June 15, 1993, were approved as
written and distributed to the Board of Directors; (b and c) The
Central Arkansas Library System Financial Statement for the years
ended December 31, 1992 and 1991 and the 1992 Annual Report of
the Little Rock Municipal Water Works were received and filed;
(d, a and f) The Abstracts of Votes of the Special Election held
July 27, 1993 on the proposal to reorganize the City Manager
government, the proposal to increase the library tax millage, and
the proposal to levy an ad valorem tax for library capital
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August 17, 1993
improvements were received and filed; and (g, h, i, j, k, 1, m, n
and o) Resolutions No. 8,970, 8,971, 8,972, 8,973, 8,974, 8,975,
8,976, 8,977, 8,978 were read in full and adopted by unanimous
voice vote of the Board Members present.
Mr. Herb Hahn, vice president of the Capital View /Stifft's
Station Neighborhood Association, presented a check in the amount
of $367.00 to Mayor Dailey for the Insure the Children Program.
He challenged other neighborhood associations to get together and
support this program.
Mr. Don Morrow, Manager of Little Rock Municipal Water
Works, stated that the Little Rock Municipal Water Works recently
received the U.S.E.P.A. Region 6 Environmental Excellence Award
for cities in the region serving a population greater than
150,000. He presented a duplicate plaque to the City of Little
Rock to be displayed in City Hall. Vice Mayor Mason received the
plaque on behalf of the Board of Directors and the City of Little
Rock.
(Director Priest enrolled at 6:58 o'clock P.M.)
Director Adcock presented a proclamation to Ms. Aretha Ward,
Director of the Adult Day Care Center, which proclaimed August
10, 1993 as Aretha Ward Day, in honor of her 16 years of service.
At the time allotted for Citizens Communication, Mr. Burk
Sims (Arkansas Construction Equipment Corp.) Mr. Wayne Whaley
(Clark Machinery Co.), Mr. Virgil Swilling (Scott Equipment Co.),
Mr. Doug Meyer (Capital Ford) and Mr. Charles ximbrell (Capital
Ford New Holland) all spoke in support of the City's bidding
process, stating there is nothing wrong with the Fleet Services
Division and the bidding process is very fair. (Note: They were
responding to some questions raised at a recent Agenda Meeting of
the Board of Directors.)
The next speaker under Citizens Communication was Ms. Maxine
North, 63 Heather Lane. She stated she was concerned about the
decrease from twice -a -week to once -a -week garbage collection, and
about the health of community. She said she had rather pay fifty
cents or one dollar more per month and have twice -a -week service.
Director Priest stated she felt the City did not do a good job in
explaining to citizens that the new landfill and the collection
of yard waste were state mandates and the City had no
alternative. The City is looking at ways to hold down the costs,
but she is ready to go back to twice -a -week service for all areas
of the City, including those that had once -a -week service before
the change. Director Mason stated the landfill is very important
and someone besides the Board of Directors should explain to
citizens why the decision was made. Mayor Dailey explained the
present landfill is running out of space and the Board of
Directors made a commitment to purchase land for a new solid
waste facility and to issue bonds to finance the development of
the facility, and there is a state mandate that yard waste must
be collected separate from household garbage. During the lengthy
discussion, Director Priest suggested exploring the volumetric
charge for garbage collection. Mr. Melvin Jones, 2512 Allis,
said citizens were not ready for the once -a -week garbage
collection because many of them were not aware of the change, and
the City should have a better notification process so citizens
will be aware of changes and be ready for them. Director Sharp
urged the Board to consider privatization. Mayor Dailey
suggested that privatization be discussed at the upcoming Agenda
meeting on Wednesday, August 25, 1993. City Manager Charles
Nickerson stated his understanding was that staff was to look for
regional solutions to solid waste collections and yard waste
collection.
Mr. Richard Brittain, 503 East 6th St. #309, addressed the
Board of Directors regarding the Rebsamen Park bridge across
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Jimerson Creek, and asked the Board to consider a proposal to
build a one lane traffic bridge across Jimerson Creek and refer
the proposal to the voters. (See initiative petition filed
August 25, 1992 to prohibit the construction of a bridge for
vehicular traffic over Jimerson Creek and the extension of
Rebsamen Park Road from Murray Lock & Dam to River Mountain Road
and calling for a special election on November 3, 1992.)
The last speaker under Citizen Communications was Mr. James
I. Lasley, with Rector Phillips Morse Realtors. He addressed the
Board regarding the Highway 10 Design Overlay District and read a
memo written by City Attorney Tom Carpenter to the Mayor and
Board of Directors, which he had received from Director Roy. One
sentence of the memo states, "It was acknowledged that since the
100' set back requirement of the DOD does not apply to existing
structures on Highway #10, the title policy concern is a non -
issue." Mr. Lasley said he is not comfortable with the City
Attorney's opinion that the title policy concern is a non - issue,
stating that the abstract companies still consider this an
encroachment and will not issue a title policy on those
properties without an exception. With an exception, property
owners can't get refinancing or can't sell the property. He
suggested that if the Board wants to grandfather this into the
Ordinance, the Ordinance needs to be redrawn and put the
grandfather clause in so that a normal person can understand it.
He represents 15% of the owners of New Market Subdivision where
the 100' setback goes across the middle of two buildings, and
they can't get title insurance for refinancing. Mayor Dailey
stated it was not the intent to create a problem with getting
title insurance and asked City Attorney Tom Carpenter to help
expedite the issue and that this problem be discussed at a later
date. Director Sharp stated that until the Highway 10 issue is
straighted out, he is not ready to deal with another overlay.
City Attorney Tom Carpenter responded to the concerns expressed
by Mr. Lasley and concluded by stating that it is important to
keep the Ordinances fluid and operable. In response to Director
Roy's request that Mr. Lasley be given a written document dealing
with development, redevelopment and expansion of that property,
Mr. Jim Lawson, Director of Neighborhoods and Planning, said he
could write a letter that does specify that New Market
Subdivision is not a non - conforming use and that it would be
allowed to be built back as is. Mr. Lasley again requested that
the Ordinance be changed.
Consideration was then given to Zoning Application 2- 4363 -A
filed by Ronnie Hall for Marathon U.S. Realties to rezone
property at the northeast corner of West Markham and McKinley
Streets (Tract A, Park Plaza Addition) from 11C -4" Open Display
Commercial District to 11C -3" General Commercial District. The
application was approved by the Planning Commission on July 27,
1993. No one was present to speak in opposition to the
reclassification, therefore, Ordinance No. 16,470 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- 4363 -A - To rezone property at the northeast corner of West
Markham and McKinley Streets (Tract A, Park Plaza Addition) from
"C -4" Open Display Commercial District to 11C -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, seconded by Director Roy, which 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. Upon second reading of the Ordinance, there was
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a subsequent motion made by Director Roy 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 the Board Members 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 Dailey, Directors Adcock,
Priest, Roy, Sharp, Lewellen and Mason - total 7; Noes - None;
Absent - None. The Ordinance was then declared PASSED.
Zoning Application Z -5706 filed by Abraham Carpenter to
rezone property at Wright Avenue and Dr. Martin Luther Ring Jr.
Drive (Lots 10, 14 and 15, Block 40 of Fulks Subdivision of
Blocks 40 and 41 of the Centennial Addition and Blocks 274, 278
and 317 of the Original City of Little Rock) was introduced next.
The application to rezone the property from "R -4" Two - family
District to "C -3" General Commercial District was approved by the
Planning Commission on July 27, 1993. No opposition to the
rezoning was presented and Ordinance No. 16,471 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 -5706 - To rezone property at Wright Avenue and Dr. Martin
Luther Ring, Jr. Drive (Lots 10, 14 and 15, Block 40 of Fulks
Subdivision of Blocks 40 and 41 of the Centennial Addition and
Blocks 274, 278 and 317 of the original City of Little Rock) from
"R -4" Two- family District 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, seconded by Director Roy, which 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. 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 Priest seconded the motion which was adopted
by the Board Members 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 Dailey, Directors Adcock,
Priest, Roy, Sharp, Lewellen and Mason - total 7; Noes - None;
Absent - None. The Ordinance was then declared PASSED.
The next presentation was Zoning Application Z -5707 to
rezone 0.44 acres on Kanis Road east of Bowman Road (the north
145 feet of Tract 9, Edwards Subdivision) from "R -2" Single -
family District to 11C -3" General Commercial District. The
application was filed by Mr. Joe White for Charles Oil Company,
Inc. and was approved by the Planning Commission on July 27,
1993. No opposition to the rezoning was presented and Ordinance
No. 16,472 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 -5707 - To rezone 0.44 acres on Kanis Road east of Bowman Road
(the north 145 feet of Tract 9, Edwards Subdivision) 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 and the Ordinance placed on second reading by motion
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August 17, 1993
from Director Priest, seconded by Director Roy, which 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. 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 Priest seconded the motion which was adopted
by the Board Members 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 Dailey, Directors Adcock,
Priest, Roy, Sharp, Lewellen and Mason - total 7; Noes - None;
Absent - None. The Ordinance was then declared PASSED.
Consideration was then given to Zoning Application 2-5708,
filed by Joe White for J. W. Shackleford, to rezone 18.22 acres
on Adour Drive in St. Charles Addition from "MF -6" Multifamily
District to "R -2" Single- family District. The proposal was
approved by the Planning Commission on July 27, 1993. No
opposition was presented to the rezoning, and Ordinance No.
16,473 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;
(2-5708 - To rezone 18.22 acres on Adour Drive in St. Charles
Addition from 'IMF-611 Multifamily District to "R -2" Single - family
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, seconded by Director Roy, which 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. 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 Priest seconded the motion which was adopted
by the Board Members 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 Dailey, Directors Adcock,
Priest, Roy, Sharp, Lewellen and Mason - total 7; Noes - None;
Absent - None. The Ordinance was then declared PASSED.
The next presentation was Ordinance No. 16,474, described
as:
AN ORDINANCE AMENDING CHAPTER 17, ARTICLE II OF THE LITTLE
ROCK CITY CODE, 1988, PERTAINING TO LICENSE AND PRIVILEGE TAXES;
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, seconded by Director Roy, which 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. 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 Priest seconded the motion which was adopted
by the Board Members 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 Dailey, Directors Adcock,
Priest, Roy, Sharp, Lewellen and Mason - total 7; Noes - None;
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Absent - None. The Ordinance was then declared PASSED.
Consideration was then given to a proposed Ordinance,
entitled:
AN ORDINANCE ESTABLISHING A DESIGN OVERLY DISTRICT FOR THE
CHENAL /FINANCIAL CENTER PARKWAY URBAN CORRIDOR, PURSUANT TO THE
DESIGN OVERLY AUTHORITY OF CHAPTER 36 OF THE CODE OF ORDINANCES;
REPEALING ORDINANCE NO. 16,427; AND DECLARING AN EMERGENCY.
(Note: Ordinance No. 16,427 passed June 1, 1993, was a reduced
version that dealt with signage and lighting only. See Minutes
of December 15, 1992, January 19, 1993, and February 2, 1993.
This Ordinance will repeal Ordinance No. 16,427 but will include
all language of that ordinance along with the previously proposed
language.) In response to a question by Mr. Wingfield Martin,
City Attorney Tom Carpenter stated this Ordinance would not
negate his plans for a Conditional Use Permit for property at
Kirk Road and Chenal Parkway which was approved by the Planning
Commission on July 13, 1993, since the thirty day time period for
appeal by any aggrieved party had passed. Mr. Jim Lawson,
Director of Neighborhoods and Planning, explained to Mr. Martin
that if he decided not to do the CUP, and came back for a
different use, then the overlay would apply. Mr. Martin stated
that he would like to go on record as opposed to overlay
districts. The next speaker was Mr. Robert Shults, manager of
property along Financial Center Parkway, who stated he was
opposed to the overlay ordinance. He asked the Board to exclude
Financial Center Parkway (which is approximately 3 blocks long)
from the proposed Ordinance, because it is almost totally
developed. He also stated that he would be unable to sell two
undeveloped tracts of land on Financial Center Parkway as planned
if this ordinances passes. Mrs. Ruth Bell, representing the
League of Women Voters of Pulaski County, spoke in support of the
overlay ordinance, stating the League has been in support of the
- overlay district concept since 1989. Director Sharp again stated
that he doesn't care for overlays, but if the City could get the
encroachments and titles cleared on Highway #10, he wouldn't have
a problem. Mr. James I. Lasley, Rector Phillips Morse Realtors,
stated he is opposed to all overlay districts and this Ordinance
has the same wording as the Highway 10 Overlay Ordinance and it
is not fair for property owners not be be able to expand. (See
comments under Citizen Communications.) Mr. Dickson Flake,
representing the Catholic Diocese of Little Rock which owns the
four corners at the intersection of Chenal Parkway and West
Markham, stated he was not advocating or opposing the overlay,
but urged the Board to take action (vote it up or down, but don't
put it off). The Ordinance was then read the first time. There
was a motion by Director Priest, seconded by Director Roy, to
suspend the rules and place the Ordinance on second reading. The
motion was adopted by a vote of five ayes (Mayor Dailey,
Directors Adcock, Priest, Roy and Mason) and two noes (Directors
Sharp and Lewellen), being two - thirds or more of the members of
the Board of Directors - elect. There was a subsequent motion by
Director Roy, seconded by Director Priest, to again suspend the
rules and place the Ordinance on third and final reading and the
motion was adopted by a vote of five ayes (Mayor Dailey,
Directors Adcock, Priest, Roy and Mason) and two noes (Directors
Sharp and Lewellen) , being two - thirds or more of the members of
the Board of Directors - elect. Following the third and last
reading of the Ordinance, there was a lengthy discussion between
Board Members and staff regarding the definition of development,
redevelopment, and expansion and the concerns expressed by some
abstract companies regarding title insurance for properties
within the overlay districts. In response to a question by Mayor
Dailey, Mr. Jim Lawson, Director of Neighborhoods and Planning,
stated that when staff began working on the Chenal Overlay, there
was a question about including Financial Center Parkway and the
Board of Directors instructed staff to include it. Mr. Ed
Willis, Financial Center Corporation, also addressed the overlay
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issue and asked the Board to study the issue further before
taking action. An Aye and No Vote was taken on passage of the
Ordinance, with the results recorded as follows: Ayes - Mayor
Dailey and Director Priest - total 2; Noes - Directors Adcock,
Roy, Sharp, Lewellen and Mason - total 5. Whereupon, Mayor
Dailey announced that the Ordinance had FAILED.
Appearing on the Agenda as Item 7 was a proposed Resolution
described as: "A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF TWO SIDE
LOADING REFUSE PACKERS FOR THE DEPARTMENT OF GENERAL
SERVICES /FLEET SERVICES." The Resolution was deferred until
September 7, 1993, at the request of Director Sharp; therefore,
no action was taken.
Appearing on the Agenda for third reading was a proposed
Ordinance entitled: "AN ORDINANCE TO AMEND LITTLE ROCK, ARK.,
REVISED CODE SECTION 32 -301 (1988) TO INCREASE THE PENALTIES FOR
OVERTIME PARKING, PARKING IN AN ALLEY, AND FOR FAILURE TO TIMELY
PAY PARKING FINES; AND FOR OTHER PURPOSES." The first reading of
the proposed Ordinance occurred on June 1, 1993, and the second
reading on June 15, 1993. (Also see Minutes of July 6, 1993,
July 20, 1993 and August 3, 1993 for discussion.) In response
to the request from Director Roy for an update on the Ordinance,
City Attorney Tom Carpenter explained that after the Board agreed
to keep the initial fine of $5.00 with an increase to $40.00
-after 21 days (see Minutes of August 3, 1993), two sections of
the proposed Ordinance were deleted, the remaining section and
the title were revised accordingly. City Manager Charles
Nickerson stated that from an administrative standpoint, he has
scheduled a meeting to discuss the enforcement aspect with a
private company. In response to Director Adcock's question
regarding a vehicle receiving more than one ticket per day for
overtime parking, Mr. Nickerson stated that would be covered
under enforcement. There was a motion by Director Mason,
seconded by Director Adcock, to amend the Ordinance to reflect
the new title and to go back to the initial $5.00 fine for
overtime parking with an increase to $40.00 after 21 days. The
motion was adopted by a vote of 6 Ayes and 1 No (Director
Lewellen). Whereupon, Ordinance No. 16,475 was presented, with
the title being:
AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REVISED CODE
SECTION 32 -301 (1988) ; TO INCREASE THE PENALTIES FOR FAILURE TO
TIMELY PAY PARKING FINES; AND FOR OTHER PURPOSES. ($5.00 if paid
within 21 days; $40.00 after 21 days.)
and the Ordinance, as amended, was read the third and last time.
Director Priest expressed concern that this Ordinance does not
deal with people that park at one meter all day long and get one
$5.00 parking ticket. City Manager Charles Nickerson and City
Attorney Tom Carpenter agreed that those abusers would be dealt
with through increased enforcement. An Aye and No Vote was taken
on the question, Shall the Ordinance Pass, with the results
recorded as follows: Ayes - Mayor Dailey, Directors Adcock, Roy,
Sharp, and Mason - total 5; Noes - Directors Priest and Lewellen
- total 2; Absent - None. Therefore, the Ordinance was declared
PASSED.
The next presentation was Ordinance No. 16,476, 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. Russ Kumpe, Rt. 1, Box 91C, Jacksonville, AR, addressed the
Board of Directors on behalf of Ms. A. M. Dorsey, who owns the
property at 6014 Fourche Dam Pike. He requested an additional
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120 days to complete the repair work, but the Board agreed to a
60 day administrative waiver. Dr. Ronald Brimberry, 2400 S.
Gaines, expressed interest in the historic structure at 2310 S.
Gaines and has an offer and acceptance to purchase the structure
and keep it from being demolished. He asked that it be removed
from the condemnation list. City Attorney Tom Carpenter said
that Mr. Henry L. Coakley, owner of 921 Picron, has a military
address, which indicates he is on active duty. Under the Soldier
and Sailors Relief Act, a person on active duty is not subject to
any process, and the condemnation of his property would be an
illegal act by the City. Therefore, the Board of Directors
granted a 60 day administrative waiver for the structure at 6014
Fourche Dam Pike and removed 2310 S. Gaines and 921 Picron from
the Ordinance. The Ordinance was then read the first time.
There was a motion by Director Priest, 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 seven in number and two - thirds or more of the
members of the Board of Directors - elect, and the Ordinance was
read the second time. There was a subsequent motion and second
by Directors Priest 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 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, and the response is recorded
as follows: Ayes - Mayor Dailey, Directors Adcock, Priest, Roy,
Sharp, Lewellen and Mason - 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 Dailey, Directors Adcock, Priest, Roy, Sharp,
Lewellen and Mason - total 7; Noes - None; Absent - None.
Therefore, the Ordinance, together with the Emergency Section,
was declared PASSED.
Introduced next was Resolution No. 8,979, described as:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A RIGHT OF WAY EASEMENT TO MINNESOTA MINING AND MANUFACTURING
COMPANY TO LOCATE A SANITARY SEWER LINE WITHIN GRANITE HEIGHTS
PARK; AND FOR OTHER PURPOSES;
and the Resolution was read in its entirety. There was a motion
and second by Directors Priest and Roy, respectively, to adopt
the Resolution, and the Resolution was adopted by unanimous voice
vote of the Board Members present.
Consideration was then given to Ordinance No. 16,477, with
the title being:
AN ORDINANCE GRANTING A CONDITIONAL FRANCHISE TO MINNESOTA
MINING AND MANUFACTURING COMPANY TO OCCUPY A PART OF THE PUBLIC
OWNED RIGHT -OF -WAY OF 40TH STREET IN GRANITE PARK ADDITION TO THE
CITY OF LITTLE ROCK, BETWEEN THE EAST BOUNDARY LINE OF OHIO
AVENUE AND THE WEST BOUNDARY LINE OF ATHENS AVENUE FOR THE
PURPOSE OF INSTALLING A PRIVATE SEWER LINE; PROVIDING FOR
REVERSION OF THE FRANCHISE TO THE CITY WHEN NO LONGER REQUIRED BY
MINNESOTA MINING AND MANUFACTURING COMPANY FOR USE AS A SEWER
LINE; 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, seconded by Director Mason, which
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. Upon second reading of the Ordinance, there was
a subsequent motion again made by Director Priest to suspend the
rules and place the Ordinance on third and final reading.
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August 17, 1993
Director Mason seconded the motion which 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. 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 Dailey, Directors Adcock, Priest,
Roy, Sharp, Lewellen, and Mason - total 7; Noes - None; Absent -
None. Whereupon, the Ordinance was declared PASSED.
Appearing on the Agenda as Items 12, 13 and 14,
respectively, were the following proposed Resolutions:
A RESOLUTION ESTABLISHING A POLICY SUPPORTING QUALITY GROWTH
IN THE CITY OF LITTLE ROCK; RESCINDING RESOLUTION NO. 7,893; AND
FOR OTHER PURPOSES;
A RESOLUTION OPPOSING THE REQUEST OF THE CITY OF NORTH
LITTLE ROCK FOR APPROVAL TO EXTEND WATER SERVICE TO GRAND
PRAIRIE; AND FOR OTHER PURPOSES;
A RESOLUTION OPPOSING THE REQUEST OF THE CITY OF SHANNON
HILLS FOR WATER SERVICE FROM THE CITY OF LITTLE ROCK; AND FOR
OTHER PURPOSES;
(Note: Mr. Harold Maclntire, Mayor of Shannon Hills, requested
the word "opposing" be changed to "supporting" for Item 14, then
if the Resolution fails, no further action would be required. He
also asked the Board of Directors to look favorably on approving
water service for Shannon Hills.)
Due to a public hearing on water issues scheduled for September
7, 1993, no action was taken on the three proposed Resolutions.
Director Adcock distributed copies of a proposed Ordinance
entitled: "AN ORDINANCE TO ESTABLISH SALARIES FOR THE MAYOR AND
MEMBERS OF THE BOARD OF DIRECTORS; TO ESTABLISH THAT THE MAYOR
AND MEMBERS OF THE BOARD OF DIRECTORS SHALL BE ELIGIBLE FOR OTHER
CITY BENEFITS; AND FOR OTHER PURPOSES" and requested that a
public hearing on Board salaries be scheduled. Director Priest
was opposed to setting salaries before the election of the four
additional City Directors on November 16, 1993. Following a
brief discussion in which Director Adcock recommended an annual
salary of $12,000 for the Directors and $24,000 for the Mayor,
Board Members generally agreed to schedule the public hearing on
Board salaries for 5:00 o'clock P.M. on Tuesday, September 7,
1993, followed by a public hearing on water issues at 6:00
o'clock P.M., with the regular Board of Directors meeting to
begin at 7:00 o'clock P.M.
There being no further business to be presented, the Board
of Directors adjourned at 9:50 o'clock P.M. to meet again in
regular session on Tuesday, September 7, 1993, at 7:00 o'clock
P.M.
ATTEST:
(aW,,.A� �ta�cajt_
City Clerk Robbie Hancock
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APPROVED:
ayor Jim Dailey