HomeMy WebLinkAbout09-07-93Note: The Board of Directors held a public hearing from 5:00
P.M. to 6:00 P.M. on the proposed salaries for City Directors.
Note: The Board of Directors held a public hearing from 6:00
P.M. to 7:00 P.M. regarding water issues. (Also see Minutes of
August 3, 1993.)
Board of Directors Room
Little Rock, Arkansas
September 7, 1993 - 7:00 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 was present and called the roll with the
following Directors in attendance: Directors Priest, Roy, Sharp,
Lewellen, Mason and Adcock - total 6; Absent - None.
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 Roy, followed by the
Pledge of Allegiance.
Director Priest read a Proclamation proclaiming September 2,
1993, as Hampton Nichols Roy Day, and declaring the Mayor and
City Directors as honorary godparents of Hampton Nichols Roy, the
son of Michelle Nichols Roy and Dr. F. Hampton Roy (City Director
Position 2).
The Consent Agenda was presented, consisting of the
following items:
(a) Approval of the Minutes of the Board of Directors
regular meeting held July 6, 1993. (Deferred.)
(b) The Comparative Statement of Income Account of the
Little Rock Municipal Water Works for the month of July, 1993.
(c) The Little Rock Advertising and Promotion Commission
Financial Statement for the years ended December 31, 1992 and
1991.
(d) Resolution No. 8,980, entitled:
A RESOLUTION AUTHORIZING THE CONVEYANCE OF A PORTION OF
CITY LAND TO THE LITTLE ROCK MUNICIPAL AIRPORT COMMISSION FOR
PLACEMENT OF AN OUTER MARKER DEVISE; AND FOR OTHER PURPOSES.
(Located at Ironton Cutoff Road & Arch Street Pike.)
(e) Resolution No. 8,981, described as:
A RESOLUTION TO AUTHORIZE THE MAYOR TO FILE F.C.C. FORM 328
"CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE
SERVICE RATES AND INITIAL FINDING OF LACK OF EFFECTIVE
COMPETITION" WITH THE FEDERAL COMMUNICATIONS COMMISSION ON
SEPTEMBER , 1993; REQUIRING THE ADOPTION OF REGULATIONS
CONSISTENT WITH F.C.C. REGULATIONS ADOPTED PURSUANT TO 47 U.S.C.
SECTION 543(B) WITHIN 120 DAYS OF CERTIFICATION; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES.
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(f) Resolution No. 8,982, with the title being:
A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO
VACATE AND CLOSE PORTIONS OF ALAMO CIRCLE, SHADECREST DRIVE,
BRISTOL DRIVE, ALHAMBRA DRIVE AND CHENAL PARKWAY IN MONTCLAIR
HEIGHTS SUBDIVISION (PART II) AND AUTUMNWOOD SUBDIVISION.
(October 19, 1993.)
(g) Resolution No. 8,983, entitled:
A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION TO
VACATE PUBLIC UTILITY AND DRAINAGE EASEMENTS IN MONTCLAIR HEIGHTS
SUBDIVISION (PART II) AND AUTUMNWOOD SUBDIVISION, CITY OF LITTLE
ROCK, ARKANSAS. (October 19, 1993.)
(h) Resolution No. 8,984, described as:
A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO
VACATE AND CLOSE RODGERS STREET, HENDERSON STREET, WILSON STREET
AND ANGLIN STREET ABUTTING BLOCK 18 OF NEIMEYER GROVE ADDITION TO
THE CITY OF LITTLE ROCK, ARKANSAS. (PURSUANT TO A.C.A. SEC. 14-
54 -104.) (September 21, 1993.)
(i) Resolution No. 8,985, with the title being:
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
DIVISION. (White GMC - not to exceed $213,918.)
(j) Resolution No. 8,986, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR THE PURCHASE OF A WHEEL LOADER WITH BUCKET j
FOR THE DEPARTMENT OF GENERAL SERVICES /FLEET SERVICES DIVISION.
(Scott Truck & Tractor - not to exceed $90,350.)
(k) Resolution No. 8,987, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE
CONTRACTS FOR THE PURCHASE OF RIGHT -OF -WAY AND EASEMENTS FOR THE
THIRD STREET BRIDGE REPLACEMENT PROJECT; AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE THE NECESSARY DOCUMENTS FOR THE
PURCHASE OF PROPERTY; AUTHORIZING THE CITY ATTORNEY TO PROCEED
WITH CONDEMNATION PROCEDURES; AND FOR OTHER PURPOSES.
(1) Resolution No. 8,988, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE
CONTRACTS FOR THE PURCHASE OF RIGHT -OF -WAY AND EASEMENTS FOR THE
YOUNG CREEK BRIDGE REPLACEMENT PROJECT; AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE THE NECESSARY DOCUMENTS FOR THE
PURCHASE OF PROPERTY; AUTHORIZING THE CITY ATTORNEY TO PROCEED
WITH CONDEMNATION PROCEDURES; AND FOR OTHER PURPOSES.
(m) Resolution No. 81989, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR LABORATORY ANALYSIS OF GROUNDWATER SAMPLES
DRAWN FROM MONITORING WELLS AT THE NEW SOLID WASTE FACILITIES.
(n) Resolution No. 8,990, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR THE DEMOLITION OF THE SECOND STREET BRIDGE.
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(o) Resolution No. 8,991, with the title being:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A QUITCLAIM DEED CONVEYING THE CITY'S INTEREST IN PROPERTY
LOCATED AT 609 EAST 17TH STREET TO WORTHEN NATIONAL BANK.
(p) Resolution No. 8,992, entitled:
A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON THE
QUESTION OF THE ISSUANCE OF REFUNDING BONDS BY THE CITY OF LITTLE
ROCK, ARKANSAS RESIDENTIAL HOUSING AND PUBLIC FACILITIES BOARD.
(VILLAGE GREEN APARTMENTS PROJECT.) (September 21, 1993.)
(q) Resolution No. 8,993, described as:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A QUITCLAIM DEED CONVEYING THE CITY'S INTEREST IN PROPERTY
LOCATED AT 8423 W. 36TH STREET TO STEVE CONE.
Upon motion by Director Roy, seconded by Director Priest, which
was unanimously adopted by the Board Members present, the Consent
Agenda was dispensed with as follows: (a) The approval of the
Minutes of the Board of Directors meeting held July 6, 1993, was
deferred at the request of City Clerk Robbie Hancock; (b and c)
The Comparative Statement of Income Account of the Municipal
Water Works for the month of July, 1993, and the Little Rock
Advertising and Promotion Commission Financial Statement for the
years ended December 31, 1992 and 1991 were received and filed;
and (d, e, f, g, h, i, j, k, 1, m, n, o and p) Resolutions No.
8,980, 8,981, 8,982, 8,983, 8,984, 8,985, 8,986, 8,987, 8,988,
8,989, 8,990, 8,991, 8,992, and 8,983 were read in full and
unanimously adopted by the Board Members present. The Emergency
Clause contained in Section 4 of Resolution No. 8,981 was read
and adopted by the following roll call vote: Ayes - Directors
Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and
Priest - total 7; Noes - None; Absent - None.
No one was present to speak during the time allotted to
Citizens Communication.
Since the Board of Directors held a public hearing from 6:00
to 7:00 o'clock P.M. regarding water issues, Director Roy
requested that related Agenda Items 13, 14 and 15 be considered
at this time. (See Minutes of August 17, 1993.) Introduced
first was Item 13 on the Agenda, a proposed Resolution entitled:
A RESOLUTION ESTABLISHING A POLICY SUPPORTING QUALITY GROWTH
IN THE CITY OF LITTLE ROCK; RESCINDING RESOLUTION NO. 7,893; AND
FOR OTHER PURPOSES.
Directors Lewellen and Priest were not ready to vote on the
Resolution, stating there are too many unanswered questions and
other issues to be addressed. Director Priest said there is a
policy issue to be determined, whether the City of Little Rock
will be a regional supplier or a regional system. Mr. Harold
MacIntire, Mayor of Shannon Hills, responded to comments made by
Director Priest by pointing out that state and federal
governments have mandated regionalism. He said the request from
Shannon Hills is somewhat different than Director Roy's proposal
in that Shannon Hills had been approved by Little Rock Municipal
Water Works some years ago but did not ratify the contract at
that time because of difficulties. There was a lengthy
discussion among Board Members, during which time Mr. Don Morrow,
Manager of Little Rock Municipal Water Works, answered questions
by the Board. Director Roy urged the Board to take action
because the issue had been on the Agenda for a month and this is
a regional issue. The proposed Resolution was then read in full,
followed by a motion by Director Roy, seconded by Director Sharp,
to adopt the Resolution. The Aye and No Vote taken on adoption
of the Resolution is recorded as follows: Ayes - Directors Roy
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and Sharp and Mayor Dailey - total 3; Noes - Directors Lewellen,
Mason, Adcock and Priest - total 4. Whereupon, Mayor Dailey
announced that the Resolution had FAILED.
Consideration was then given to Agenda Item 14, Resolution
No. 8,994, described as:
A RESOLUTION DENYING THE REQUEST OF THE CITY OF NORTH LITTLE
ROCK FOR APPROVAL TO EXTEND WATER SERVICE TO GRAND PRAIRIE; AND
FOR OTHER PURPOSES;
and the Resolution was read in full. There was a motion by
Director Priest, seconded by Director Lewellen, to adopt the
Resolution. The Aye and No Vote taken on adoption of the
Resolution is recorded as follows: Ayes - Directors Lewellen,
Mason, Adcock and Priest - total 4. Noes - Directors Roy and
Sharp and Mayor Dailey - total 3; Whereupon, Mayor Dailey
announced that the Resolution was ADOPTED.
Introduced next was Agenda Item 15, a proposed Resolution
entitled:
A RESOLUTION DENYING THE REQUEST OF THE CITY OF SHANNON
HILLS FOR WATER SERVICE FROM THE CITY OF LITTLE ROCK; AND FOR
OTHER PURPOSES. (See Resolution No. 8,995 below.)
and the Resolution was read. (See discussion related to Item 13
above.) There was a motion by Director Priest, seconded by
Director Lewellen, to adopt the Resolution. Mayor Dailey stated
that the City of Shannon Hills is an isolated area and it would
be incomprehensible to deny water to that area. Mr. Harold
MacIntire, Mayor of Shannon Hills, pointed out granting water to
Shannon Hills will not allow uncontrolled growth because when
Shannon Hills first entered into an agreement for water several
years ago, Mr. Jim Lawson, Director of Neighborhoods & Planning,
made sure that its requirements for planning, zoning and
development are the same as the City of Little Rock. Following a
lengthy discussion, City Attorney Tom Carpenter stated that if it
is the intent of the Board to grant the request of Shannon Hills,
then the joint city councils would need to work out a contract
that sets the limits, terms, etc. The motion and second to adopt
the Resolution were withdrawn by Directors Priest and Lewellen.
City Attorney Tom Carpenter suggested that the Board of Directors
go on to other items and allow him time to provide new language
to grant water service to Shannon Hills. After the Resolution
was revised by Mr. Carpenter, Director Adcock moved to amend the
Resolution as recommended by City Attorney Tom Carpenter. The
motion was seconded by Director Lewellen, and unanimously adopted
by the Board Members present. Whereupon, Resolution No. 8,995,
as amended, was then presented, with the title being:
A RESOLUTION GRANTING THE REQUEST OF THE CITY OF SHANNON
HILLS FOR WATER SERVICE FROM THE CITY OF LITTLE ROCK; TO DIRECT
THE CITY ATTORNEY TO PREPARE APPROPRIATE CONTRACTS TO ACCOMPLISH
THIS GRANT; AND FOR OTHER PURPOSES;
and the Resolution was read in full. There was a motion by
Director Adcock, seconded by Director Lewellen, to adopt the
Resolution, as amended, and the Resolution was adopted
unanimously by the Board Members present. (Note: Director
Priest said she voted half & half.)
The next presentation was Ordinance No. 16,480, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A "PCD" DISTRICT TITLED "KIRBY'S GRILL AND BAKERY
SHORT -FORM PCD" (10,825 HERMITAGE ROAD) (Z- 3361 -A) IN THE CITY OF
LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES.
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and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading upon motion
by Director Roy. Director Lewellen seconded the motion which was
adopted unanimously by the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued.
There was a subsequent motion by Director Sharp, seconded by
Director Roy, 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 Ordinance was read the third and last time. The Aye and No
Vote taken on passage of the Ordinance is recorded as follows:
Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey,
Directors Adcock and Priest - total 7; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
Ordinance No. 16,481 was the next presentation, with the
title being:
AN ORDINANCE OF INTENT CALLING FOR A REFERENDUM ON THE
ANNEXATION OF APPROXIMATELY 6.43 SQUARE MILES AT THE NOVEMBER 16,
1993 SPECIAL ELECTION; AND FOR OTHER PURPOSES.
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading upon motion
by Director Roy. Director Lewellen seconded the motion which was
adopted unanimously by the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued.
There was a subsequent motion by Director Sharp, seconded by
Director Roy, 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 Ordinance was read the third and last time. The Aye and No
Vote taken on passage of the Ordinance is recorded as follows:
Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey,
Directors Adcock and Priest - total 7; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 16,482,
described as:
AN ORDINANCE ANNEXING TO THE CITY OF LITTLE ROCK, ARKANSAS,
CERTAIN LANDS SITUATED IN PULASKI COUNTY, ARKANSAS, WHICH ARE
CONTIGUOUS AND ADJACENT TO THE CITY OF LITTLE ROCK; AUTHORIZING
AND DIRECTING THE SUBMISSION OF THE QUESTION OF SAID ANNEXATION
TO THE QUALIFIED ELECTORS OF THE CITY OF LITTLE ROCK AND THE AREA
TO BE ANNEXED AT THE SPECIAL ELECTION TO BE HELD NOVEMBER 16,
1993; DIRECTING THE CITY OFFICIALS TO TAKE ANY AND ALL OTHER
ACTION NECESSARY TO ACCOMPLISH SAID ANNEXATION; PROVIDING A
SCHEDULE OF SERVICES THAT WILL BE EXTENDED TO THE ANNEXED AREA
WITHIN THREE (3) YEARS AFTER THE DATE THE ANNEXATION BECOMES
FINAL; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. Director Sharp had
questions regarding the funding to provide services to these
areas. Mayor Dailey noted that the College Station area had been
deleted from the Ordinance and not many people are involved in
the other areas, which are areas already surrounded by the City
limits or are being annexed to square up the City boundaries and
will not have any real cost implications. The rules were
suspended and the Ordinance placed on second reading upon motion
by Director Roy. Director Lewellen seconded the motion which was
adopted unanimously by the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued.
There was a subsequent motion by Director Sharp, seconded by
Director Roy, to again suspend the rules and place the Ordinance
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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 Ordinance was read the third and last time. The Aye and No
Vote taken on passage of the Ordinance is recorded as follows:
Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey,
Directors Adcock and Priest - total 7; Noes - None; Absent -
None.
The Emergency Clause contained in Section 7 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor
Dailey, Directors Adcock and Priest - total 7; Noes - None;
Absent - None. Therefore, the Ordinance, together with the
Emergency Section, was declared PASSED.
Introduced next was Ordinance No. 16,483, with the title
being:
AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE
BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH SUPERIOR TECH, INC. FOR THE PURCHASE OF DEBAGGING UNITS FOR
THE PUBLIC WORKS DEPARTMENT;
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading upon motion
by Director Roy. Director Lewellen seconded the motion which was
adopted unanimously by the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued.
There was a subsequent motion by Director Sharp, seconded by
Director Roy, 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 Ordinance was read the third and last time. The Aye and No
Vote taken on passage of the Ordinance is recorded as follows:
Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey,
Directors Adcock and Priest - total 7; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 16,484, described
as:
AN ORDINANCE TO AMEND CHAPTER 12 OF THE LITTLE ROCK, ARK.
REV. CITY CODE OF ORDINANCES BY PROHIBITING IMPROPER HANDLING OF
SMOKING MATERIALS.
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading upon motion
by Director Roy. Director Lewellen seconded the motion which was
adopted unanimously by the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued.
There was a subsequent motion by Director Sharp, seconded by
Director Roy, 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 Ordinance was read the third and last time. The Aye and No
Vote taken on passage of the Ordinance is recorded as follows: -'-
Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey,
Directors Adcock and Priest - total 7; Noes - None; Absent -
None.
The Emergency Clause contained in Section 2 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor
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Dailey, Directors Adcock and Priest - total 7; Noes - None;
Absent - None. Therefore, the Ordinance, together with the
Emergency Section, was declared PASSED.
(Director Priest was excused at 8:45 o'clock P.M.)
A public hearing had been set for this time and place by
Resolution No. 8,970 on the petition filed by Mr. Roger Mears to
vacate and close a portion of West Markham Street abutting Lot
1, Block 5, Union Depot Addition and part of Block 4, Worthen's
Subdivision of the City of Little Rock, Arkansas and notice
thereof was duly published in the Daily Record on August 24,
1993, and August 31, 1993. Attached to the Petition was a
certified copy of the plat from the Pulaski County Circuit
Clerk's Office and a letter from Standard Abstract and Title
Company listing the last apparent owners of record of the
abutting property. The street closure was approved by the
Planning Commission on July 27, 1993. Mayor Dailey declared the
public hearing open. There was no one present who wished to
speak on the matter; therefore, Mayor Dailey declared the public
hearing closed and Ordinance No. 16,485 was presented, entitled:
AN ORDINANCE VACATING AND CLOSING A PORTION OF WEST MARKHAM
STREET ABUTTING LOT 1, BLOCK 5, UNION DEPOT ADDITION OF LITTLE
ROCK, ARKANSAS.
and after the first reading of the Ordinance, there was a motion
by Director Roy, 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 again suspended 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,
followed by an Aye and No Vote taken on passage of the Ordinance
which resulted as follows: Ayes - Directors Roy, Sharp,
Lewellen, Mason, Mayor Dailey, and Director Adcock - total 6;
Noes - None; Absent - Director Priest - total 1. Whereupon,
Mayor Dailey declared the Ordinance PASSED.
A public hearing had been set for this time and place on the
petition filed by Mr. Michael Durham to establish Lanehart Road
Water Improvement District No. 142. Notice of hearing was duly
published in the Daily Record on August 23, 1993, and August 30,
1993. Attached to the petition was a Certificate from Standard
Abstract & Title Company, stating that the signers of the
petition are owners of property within the proposed district, and
that said signers constitute a majority of the owners of real
property within the district and represent a majority in value of
the assessed valuation within said district. Mayor Dailey
declared the public hearing open. Mr. Michael Durham, attorney
for the District, asked the Board of Directors to approve the
establishment of the Water Improvement District. Mayor Dailey
declared the public hearing closed, and Ordinance No. 16,486, was
presented, described as:
AN ORDINANCE ESTABLISHING LANEHART ROAD WATER IMPROVEMENT
DISTRICT NO. 142;
(Appointed Commissioners Tommy LeCroy, Ralph James, Jim Burks.)
and after the first reading of the Ordinance, there was a motion
by Director Roy, 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
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Directors - elect, and a second reading of the Ordinance ensued.
There was a subsequent motion by Director Lewellen, seconded by
Director Adcock, to again suspended 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,
followed by an Aye and No Vote taken on passage of the Ordinance
which resulted as follows: Ayes - Directors Roy, Sharp,
Lewellen, Mason, Mayor Dailey, and Director Adcock - total 6;
Noes - None; Absent - Director Priest - total 1. Whereupon,
Mayor Dailey declared the Ordinance PASSED.
Introduced next was Resolution No. 8,996, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
WRECKER FRANCHISE CONTRACT EXTENSION FOR AN ADDITIONAL TWO YEARS
(OCTOBER 16, 1993 TO OCTOBER 15, 1995) WITH ROUTH WRECKER
SERVICE;
Mr. C. N. Pete Tracy, TREK Towing Service, Inc., asked the Board
to place the wrecker service contract on public bid.
(Director Priest re- enrolled at 8:52 o'clock P.M.)
(Director Mason was excused at 9:02 o'clock P.M.)
Mr. Nathaniel Hill, Director of the Department of General
Services, stated there is no reason not to renew the contract
with Routh Wrecker Service for another two years. Mr. Ron Routh,
Routh Wrecker Service, asked the Board of Directors to continue
the contract for two years. The Resolution was then read in
full. There was a motion by Director Roy, seconded by Director
Sharp, to adopt the Resolution, and the Resolution was adopted
unanimously by the Board Members present.
(Director Mason was re- enrolled at 9:07 o'clock P.M.)
Consideration was then given to a proposed Ordinance
described as:
AN ORDINANCE TO ESTABLISH SALARIES FOR THE MAYOR AND MEMBERS
OF THE BOARD OF DIRECTORS; AND FOR OTHER PURPOSES;
Director Adcock had submitted 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" in which Section 2 provided that "the
Mayor and members of the Board of Directors shall be eligible to
receive medical, health, dental, and visual insurance benefits,
and shall be required to participate in the defined contribution
retirement system, and shall be eligible for membership in the
PEBSCO deferred compensation plan as available to nonuniform
nonunion City personnel." (See Minutes of 8- 17 -93.) Before the
Ordinance was read, Director Adcock asked that Section 2 be
removed from the proposed Ordinance, that the Ordinance be read
the first time only, and that a public hearing be scheduled for
5:00 P.M. on Tuesday, September 21, 1993 on the subject of Board
salaries. The Ordinance was then read the first time only and
remained on the calendar for second reading on Tuesday, September
21, 1993.
The next presentation was Resolution No. 8,997, with the
title being:
A RESOLUTION CHANGING THE NAME OF THE NEIGHBORHOODS AND
PLANNING BUILDING AT 723 WEST MARKHAM TO THE ROY G. BEARD, JR.
BUILDING; AND FOR OTHER PURPOSES;
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and the Resolution was read in full. There was a motion by
Director Priest to adopt the Resolution. The motion was
seconded by Director Mason and unanimously adopted by the Board
Members present. Therefore, the Resolution was adopted.
Introduced next was Ordinance No. 16,487, entitled:
AN ORDINANCE TO GRANT TO THE HOUSING AUTHORITY OF THE CITY
OF LITTLE ROCK, ARKANSAS THE EXCLUSIVE FRANCHISE, RIGHT AND
PRIVILEGE TO CONTROL, SUPERVISE AND OTHERWISE EXERCISE
JURISDICTION OVER THE STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC
PLACES NOW LAID OUT OR DEDICATED, AND ALL EXTENSIONS THEREOF, AND
ADDITIONS THERETO, LYING WITHIN PROJECTS AND PROPERTIES OWNED AND
OPERATED BY THE HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK,
ARKANSAS; FOR AN EMERGENCY AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading by motion
from Director Roy and second by Director Sharp. The motion was
adopted unanimously by the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. A second reading of the Ordinance followed,
with a motion being made by Director Sharp to again suspend the
rules and place the Ordinance on third and final reading. The
motion was seconded by Director Mason and unanimously adopted by
the Board Members present, being seven in number and two - thirds
or more of the members of the Board of Directors - elect, and the
Ordinance was read the third and last time. The resulting Aye
and No Vote taken on the question, Shall the Ordinance Pass, is
herein recorded as follows: Ayes - Directors Roy, Sharp,
Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest -
total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 2 of the foregoing
Ordinance was then read and adopted by the following roll call
-- vote: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor
Dailey, Directors Adcock and Priest - total 7; Noes - None;
Absent - None. Therefore, the Ordinance, together with the
Emergency Section, was declared PASSED.
Consideration was then given to Ordinance No. 16,488,
described as:
AN ORDINANCE AMENDING SECTION 17 -100 OF THE LITTLE ROCK CITY
CODE (1988) FOR THE PURPOSE OF REALIGNING THE MEMBERSHIP OF THE
ADVERTISING AND PROMOTION COMMISSION IN ORDER TO COMPLY WITH ACT
364 OF 1993; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
At the request of Director Roy, City Attorney Tom Carpenter
explained that state statute allows the City of Little Rock to
levy an additional one percent (1%) sales tax on hotels, motels
and restaurants (for a total of 3 %) but it also has some
provisions concerning the alignment of the membership of the
Advertising and Promotion Commission. Currently, the membership
is made up of three members of the Board of Directors and four
members representing the hotel, motel and restaurant industry.
The realignment to comply with state statute will provide for
four representatives of the industry, two members of the Board of
Directors, and one at -large member. Consequently, one of the
three members of the Board of Directors will serve only until May
1, 1994, at which time the at -large member will be appointed.
The Ordinance was then read the first time. There was a motion
by Director Lewellen, seconded by Director Mason, to suspend the
rules and place the Ordinance on second reading, and 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. Whereupon, the Ordinance was read the second
time, followed by a motion to suspend the rules and place the
Ordinance on third and final reading. The motion was made by
Director Priest, seconded by Director Mason, and unanimously
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Minutes
September 7, 1993
adopted by the Board Members present, being seven in number and
two - thirds or more of the members of the Board of Directors -
elect. The third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on passage of the Ordinance,
with the results recorded as follows: Ayes - Directors Roy,
Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest
- total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor
Dailey, Directors Adcock and Priest - total 7; Noes - None;
Absent - None. Therefore, the Ordinance, together with the
Emergency Section, was declared PASSED.
The next presentation was Ordinance No. 16,489, entitled:
AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF LITTLE
ROCK, ARKANSAS, OF NOT TO EXCEED $30,000,000 IN CAPITAL
IMPROVEMENT BONDS UNDER AMENDMENT NO. 62 TO THE ARKANSAS
CONSTITUTION FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING, AND
EQUIPPING IMPROVEMENTS AND ADDITIONS TO THE CITY'S CONVENTION
FACILITIES; LEVYING AN ADDITIONAL ONE PERCENT (1 %) TAX ON THE
GROSS RECEIPTS OF HOTELS, MOTELS, RESTAURANTS, CAFES, AND
CAFETERIAS IN THE CITY; CALLING A SPECIAL ELECTION ON THE
QUESTION OF ISSUING SAID BONDS TO BE SECURED BY AND PAYABLE FROM
THE PROCEEDS OF SAID TAX; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES.
(Calling a special election for October 19, 1993.)
Ms. Jane Dickey, bond attorney for the Advertising and Promotion
Commission, explained the proposal to levy an additional one cent
sales tax for hotels, motels and restaurants and to set the date
for a special election on October 19, 1993, on the question of
issuing bonds for the purpose of acquiring, constructing, and
equipping improvements and additions to the convention
facilities. (The City now levies and collects a tax of two
percent [2 %] pursuant to Ordinance No. 12,353 of May 4, 1970 and
Ordinance No. 13,527 of November 7, 1978 - referred to as the
"hamburger tax. ") Mr. wally Allen, Chairman of the Advertising &
Promotion Commission, answered questions by Board Members. The
Ordinance was then 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
adopted unanimously by the Board Members present, being seven 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.
There was a subsequent motion by Director Lewellen, seconded by
Director Sharp, to again suspend the rules and place the
Ordinance on third and final reading. The motion was adopted
unanimously by the Board Members present, being seven in number
and two - thirds or more of the members of the Board of Directors -
elect. The Ordinance was read the third and last time, followed
by an Aye and No Vote taken on passage of the Ordinance, with the
results recorded as follows: Ayes - Directors Roy, Sharp,
Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest -
total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 13 of the
foregoing Ordinance was then read and adopted by the following
roll call vote: Ayes - Directors Roy, Sharp, Lewellen, Mason,
Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None;
Absent - None. Therefore, the Ordinance, together with the
Emergency Section, was declared PASSED.
Dr. Dean Kumpuris, a member of the Future - Little Rock
Steering Committee, made a brief report to the Board of Directors
regarding the Convention Center expansion, the use of the Wallace
Building for the Museum of Science and History, and the Future-
10
Minutes
September 7, 1993
Little Rock budget recommendations for the one -half cent
operating sales tax and the one cent sales tax for capital
items. (Note: A special election has been set for December 14,
1993 on the proposed one half cent sales tax and one cent sales
tax issues.)
Introduced next was Resolution No. 8,988, with the title
being:
A RESOLUTION OF SUPPORT FOR EFFORTS TO RELOCATE A MEDICAL
WASTE INCINERATOR ON DIXON ROAD TO AN AREA THAT WOULD OTHERWISE
COMPLY WITH THE CITY'S MEDICAL WASTE FACILITY SITING ORDINANCE;
DIRECTING THE CITY ATTORNEY TO COOPERATE WITH EFFORTS TO OPPOSE
THE LOCATION OF THIS FACILITY; AND FOR OTHER PURPOSES;
and there was a full reading of the Resolution. Director Priest
moved for the adoption of the Resolution. Director Sharp
seconded the motion which was unanimously adopted by the Board
Members present. Whereupon, the Resolution was adopted.
Consideration was then given to Resolution No. 8,999,
entitled:
A RESOLUTION ESTABLISHING A POLICY SUPPORTING REGIONAL
COOPERATION AND REGIONAL ECONOMIC DEVELOPMENT EFFORTS; CONVENING
A METROPOLITAN ECONOMIC DEVELOPMENT CONFERENCE; AND FOR OTHER
PURPOSES;
(Re: Quality Growth.)
and the Resolution was read in full. There was a motion by
Director Lewellen, seconded by Director Mason, to adopt the
Resolution, and the Resolution was adopted by unanimous voice
vote of the Board Members present. ,
The last presentation was Resolution No. 9,000, described
as:
A RESOLUTION AUTHORIZING THE CITY TO PLACE FOUR RESOURCE
OFFICERS IN THE LITTLE ROCK SCHOOL DISTRICT; TO ACCEPT FUNDS FROM
THE LITTLE ROCK SCHOOL DISTRICT TO PAY ONE -HALF OF THE SALARY
EXPENSE OF THESE OFFICERS; TO DIRECT THE FINANCE DIRECTOR &
TREASURER TO PLACE THESE PAYMENTS INTO THE APPROPRIATE ACCOUNT
FOR THE POLICE BUDGET; AND FOR OTHER PURPOSES;
and there was a full reading of the Resolution. There was a
motion and second by Directors Lewellen and Adcock, respectively,
to adopt the Resolution, and the Resolution was unanimously
adopted by the Board Members present.
Mayor Dailey announced that the Board of Directors would
defer making appointments to fill vacancies on the various Boards
and Commissions until September 21, 1993.
There being no further business to be presented, the Board
of Directors adjourned at 9:55 o'clock P.M. to meet again in
regular session on Tuesday, September 21, 1993, at 6:00 o'clock
P.M.
ATTEST:
ta e.
CITY CLERK ROBBIE HANCOCK
11
APPROVED:
YOR JIM DAILEY
415
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