HomeMy WebLinkAbout11-15-94Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
November 15, 1994 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas,
met in regular session with Mayor Jim Dailey presiding. City
Clerk Robbie Hancock called the roll with the following Directors
present: Directors Priest, Roy, Sharp, Lewellen, Mason, Adcock,
Hendrix, Scheibner, Keck and Joyce - total 10; Absent - None.
Mayor Dailey announced that a quorum was present and
declared the Board of Directors in session. The proceedings of
the meeting are recorded as follows.
The Invocation was given by Director Priest, followed by the
Pledge of Allegiance.
Director Roy read a proclamation, proclaiming November 15,
1994, as Walter Hussman Day, and presented Certificates of
Appreciation to Dr. Dean Kumpuris, Chairman of the Museum Task
Force, Mrs. Ellen Gray, Museum Board of Trustees Chair Person,
and Mr. Bob East. (See pages 2 and 3 of Minutes of October 18,
1994 re: new location for Museum of Science and History.)
Mayor Dailey announced that the Ordinance condemning Kramer
School at 715 Sherman Street (Item 17) would be deferred at the
request of Director Lewellen.
Consideration was then given to the Consent Agenda, which
consisted of the following items:
(a) Approval of the Minutes of the Board of Directors
reconvened meeting held September 14, 1994.
(b) Resolution No. 9,273, entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS, CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF
QUALITY FOODS, INC. TO PARTICIPATE IN THE ARKANSAS ENTERPRISE
ZONE PROGRAM. (Located at 4901 Asher Avenue.)
(c) Resolution No. 9,274, described as:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO ABANDON A PORTION OF RIGHT -OF -WAY OF SUMMIT STREET IN
THE CITY OF LITTLE ROCK, ARKANSAS. (Between I -630 and Maryland
Avenue.) (December 6, 1994.)
(d) Resolution No. 9,275, with the title being:
A RESOLUTION AMENDING RESOLUTION 9,163 (MAY 17, 1994),
TO PERMIT THE JOB TRAINING PARTNERSHIP ACT (JTPA) DEPARTMENT TO
ACCEPT RECAPTURED FUNDS FROM THE STATE OF ARKANSAS; AND FOR OTHER
PURPOSES;
(e) Resolution No. 9,276, entitled:
A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON
ESTABLISHING A CURFEW FOR MINORS DURING NORMAL SCHOOL HOURS ON
WEEKDAYS. (December 6, 1994.)
Upon a motion made by Director Adcock and seconded by Director
Scheibner, which was unanimously adopted, the Consent Agenda was
dispensed with as follows: (a) The Minutes of the Board of
Directors reconvened meeting held September 14, 1994, were
approved as written and distributed to the Board of Directors;
1
771
772
Minutes
November 15, 1994
and (b, c, d, and e) Resolutions No. 9,273, 9,274, 9,275 and
9,276 were read in full and unanimously adopted by the Board
Members present.
Mayor Dailey announced that the Ordinance authorizing the
issuance of Refunding and Capital Improvement Bonds (Item 11) was
deferred until the reconvened meeting to be held Wednesday,
November 23, 1994.
Items 18 and 19 on the Agenda were Ordinances to grant fiber
optic franchises to American Communication Services, Inc. (ACSI),
and Brooks Fiber, Inc., respectively, for telecommunications
access providers. Mayor Dailey announced that those items were
also deferred.
At the time allotted for Citizen Communications, the first
speaker was Mrs. Kathy Wells, President of the Coalition of
Little Rock Neighborhoods. Mrs. Wells read a prepared statement
in which she stated the Coalition of Little Rock Neighborhoods
urges the Board of Directors to conduct a public hearing on the
proposed 1995 Budget to allow citizens their input. The
Coalition also asked the Board to give top priority to public
safety in neighborhoods and schools; establish future Alert
Centers without competition that pits one neighborhood against
another; encourage rehabilitation rather than demolition of
vacant houses by establishing a land bank; consider all
development and construction together; establish a Public Works
Commission and hire a Transportation Coordinator; assume
responsibility for crumbling and hazardous sidewalks in the
historic neighborhood surrounding the Arkansas Arts Center;
determine how the Arts Center will link to its neighbors and the
East Markham Street entertainment district being proposed.
The next speaker was Mrs. Marje Wood, 2600 S. Taylor, who
addressed the Board on the subject of the Budget. She said she
lives in Ward 2 and is proud of Little Rock; however, she did not
vote for the bond issue because she was betrayed after having
voted in 1988 in that the City has not followed up on that. The
City should be ashamed of Capitol Avenue because it is nothing
but tar strips. If the City had gone along with Jim Lynch's idea
of a one cent sales tax for one year, the City would have $29
million instead of $23 million (referring to the proposed 1994
Capital Improvements Bond Issue). As far as the Arts Center is
concerned, she suggested doing away with one soccer field which
only benefits a few people and put that money in the Arts Museum
which benefits a lot of people and people would come from other
areas and pay that one cent sales tax. She belongs to the Adult
Leisure Center, which is not meeting the needs of the people.
It was in the 1988 Bond issue as a Senior Citizen Center, but it
was changed to an Adult Center; therefore, senior citizens miss
out on a lot, such as meals, vans, etc. It is rented out most of
the time and there is inadequate parking with only three
handicapped parking spaces. Mayor Dailey asked City Manager
Charles Nickerson to respond in writing to Mrs. Wood's comments,
with a copy to Board Members. Director Priest asked Mr.
Nickerson to clear the record on the 1988 Bond Issue by
explaining the status of those projects. Mr. Nickerson said the
1987 -88 Bond Issue is complete except for the neighborhood street
projects, which the Board has made a commitment to complete.
Director Priest reiterated what Mr. Nickerson had said, stating
it was unfair for citizens to say that the City has not kept its
word on the 1988 Bond issue.
The next speaker was Mr. Robert "Say" McIntosh. He was
critical of the Arkansas Democrat Gazette, and he talked about a
number of subjects: the woman that drove her car into the river
with her 2 small children in the car (in the state of South
Carolina); parents using food stamps to buy drugs instead of food
for children; parents leaving children unattended; drive -by
shootings; the recent election, etc.
E
Minutes
November 15, 1994
Mr. Ari S. Merretazon, 2412 Broadway, addressed the Board of
Directors on the subject of CDBG citizen participation process.
He requested a letter from the Board to City Manager Charles
Nickerson inquiring about the Citizen Participation process for
the 1994 CDBG program and asking him (1) to explain why the 1994
representative for Stephens School was not notified of any
meetings pertaining to the new 1995 redevelopment area CDBG
community process; (2) why the new participation plan was absent
any written guidelines to be used by the Consolidated Planning
Committee to determine whose proposals get funded; (3) why there
is not representation allowed to the CDBG areas to receive
technical assistance from independent community development
practitioners (this looks like retaliation against Rev. Long and
Mr. Merretazon because the Stephens School area is the only one
that had that assistance). He said allowing staff persons to
serve on the Planning Committee nullifies anything that the
citizens may present, and they should remain as non - voting
advisory members, but should not chair the process. Mayor Dailey
asked City Manager Charles Nickerson to respond in writing to Mr.
Merretazon's complaint.
Mr. Jim Moses, President of the Downtown Partnership, was
the next speaker under Citizen Communications. Mr. Moses
presented a Resolution by the Board of Directors of the Downtown
Partnership asking the City of Little Rock to work in conjunction
with the Downtown Partnership, the Advertising & Promotion
Commission, the Quapaw Quarter Association, and other interested
groups and individuals to establish a Cultural /Entertainment
Facilities Master Plan for the riverfront area. The development
of a Museum, a new Central Library, and a Farmers Market are
already proposed for the area along East Markham Street. Mr.
Moses said he hoped the Board would establish a game plan for the
other components of the area which would consist of expansion of
the Statehouse Convention Center and the development of a multi-
purpose events center. He concluded by urging the Board to form a
task force to work with the other groups on this proposal. Mayor
Dailey suggested this be considered at the reconvened meeting on
Wednesday, November 23, 1994.
Rev. Daniel Bowman, 3123 Labette, said he was at the Board
of Directors meeting about a month ago and mentioned that the
$400,000 appropriated by the City for crime prevention was not
enough and he was back as a result of an article that said
$400,000 had been given to a certain organization for crime
prevention in the City. He said we need to do something that is
going to help stop crime in the City of Little Rock, bigger jails
and penitentiaries do not stop crime. Director Lewellen asked
City Manger Charles Nickerson to send Rev. Bowman an itemized
list of the dollars that are going into the programs for
intervention, prevention and youth related programs.
Rev. Bobby Marshall, 1608 Rock Street, cited an incident
regarding Winston Churchill, and asked the citizens to give Mayor
Dailey a chance to make this a positive city, since he is the
first elected Mayor in almost 40 years.
Mrs. Sara Lou Facen, 3003 Cross Street, said she came with
her usual message of inclusiveness and expressed her concern
about the 1995 CDBG Redevelopment Project and the items addressed
by Mr. Merretazon (see above). She said word often comes to the
South Little Rock neighborhood at the 99th hour, and they don't
have time to do their homework. At the organizational meeting it
was decided by the 18 plus members present to reschedule the
organizational meeting in order that the entire neighborhood
would have opportunity to participate, then they learned that it
was going to be done another way. She appealed to the Board of
Directors to assure the neighborhood organization that citizen
participation will be allowed and that when citizens say they
3
1
773`
774
Minutes
November 15, 1994
want it one way, that is the way it will be. Mayor Dailey asked
City Manager Charles Nickerson ':o respond to the Board and Mrs.
Facen on this matter.
The last speaker under Citizen Communications was Mrs.
Maggie Hawkins, 522 East 23rd Street, who expressed concern about
the burned structure at 21st and Rock Streets that has been
condemned. She also expressed hope that an Alert Center would be
located on East 21st Street, because they are in desperate need
on one. Mayor Dailey advised Mrs. Hawkins that the house at 21st
and Rock was on the Agenda for condemnation later in the meeting.
Director Hendrix said she had a petition signed by the residents
of Mrs. Hawkins neighborhood to pass on to the City Clerk.
Consideration was then given to a proposed Ordinance
entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED TYRRELL LEASING
COMPANY SHORT -FORM PCD, LOCATED ON THE NORTH SIDE OF CHENAL
PARKWAY, APPROXIMATELY 1/4 MILE WEST OF S. BOWMAN ROAD IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES;
(Z -5884 - Tyrrell Leasing Company Short -Form PCD on Chenal
Parkway 1/4 miles west of Bowman Road.)
and the Ordinance was read the first time. City Attorney Tom
Carpenter referred to the opinion the Arkansas Supreme Court
rendered the day before in the National Home Center case, which
has called into question whether the City can do single unit PCDs
without amending its PCD Ordinance. Mr. Carpenter asked the
Board of Directors to defer all of the Planned Unit Developments
on the Agenda so there would be opportunity to amend them,
(because the single -use PUD is at risk), or to seek clarification
from the Court, if necessary. Mr. Brent Tyrrell, the applicant,
stated this is a very critical issue because of financing and
real estate agreements that were made five or six months ago.
Director Keck asked if the amendments could be ready for the
reconvened meeting on Wednesday, November 23. Mayor Dailey
suggested that the non - controversial PUD's be approved, since
without the emergency clause, the Ordinances would not go into
effect for thirty days, during which time the issue could be
resolved. Mr. Carpenter said the Board may be approving an
Ordinance that would not be legal. Director Priest suggested
that the Ordinance be read twice and left on the calendar for
third reading at the reconvened meeting on Wednesday. In
response to a question by Director Keck regarding legality, Mr.
Carpenter said that on Wednesday he would have the language to
amend the Planned Unit Development Ordinances, which will
hopefully take care of the legal problems. The Ordinance would
be adopted with the emergency clause, which would be in effect
immediately. The Board would then proceed to the third reading
on these single use planned unit developments. Director Keck
wanted to be sure the development industry knew what was going
on. There was a motion to suspend the rules and place the
Ordinance on second reading. The motion was made by Director
Lewellen, seconded by Director Sharp, and adopted by two - thirds
or more of the members of the Board of Directors -elect upon a
roll call vote as follows: Ayes - Directors Priest, Roy, Sharp,
Lewellen, Mason, Mayor Dailey, Directors Hendrix, Scheibner, and
Joyce - total 9; Noes - Directors Adcock and Keck - total 2;
Absent - None. The Ordinance was then read the second time and
left on the calendar for third and final reading on Wednesday,
November 23, 1994.
4
Minutes
November 15, 1994
The next presentation was a proposed Ordinance described as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED RESIDENTIAL DISTRICT TITLED KREMER'S
SHORT -FORM PRD, LOCATED AT THE SOUTHEAST CORNER OF W. MARKHAM
STREET AND S. PARK STREET, 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;
(2-5873 - Kromer's Short -Form PRD at Markham and Park Streets.)
and the Ordinance was read the first time. (See above discussion
related to Z -5844 and other PUD's.) The rules were suspended and
the Ordinance placed on second reading upon a motion by Director
Lewellen, seconded by Director Sharp, which was adopted by the
following roll call vote: Ayes Directors Priest, Roy, Sharp,
Lewellen, Mason, Mayor Dailey, Directors Hendrix, Scheibner, and
Joyce - total 9; Noes - Directors Adcock and Keck - total 2;
Absent - None. The Ordinance was then read the second time and
left on the calendar for third and final reading on Wednesday,
November 23, 1994.
Introduced next was Ordinance No. 16,774 with the title
being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF
BOUNDARY STREET IMPROVEMENT REQUIREMENTS FOR LEWIS MARTIN
ADDITION (S- 1039), LOCATED ON THE WEST SIDE OF CARTER LANE,
APPROXIMATELY 1/4 MILE SOUTH OF TAYLOR LOOP ROAD, LITTLE ROCK,
ARKANSAS;
(5 -1039 - Lewis Martin Addition at Carter Lane and Taylor Loop
Road - waiver of boundary street improvements for an unnamed
future arterial street which will abut the west boundary of the
subdivision.)
and said Ordinance was read the first time, followed by a motion
by Director Lewellen, seconded by Director Sharp, that the rules
be suspended and the Ordinance be placed on second reading. The
motion was adopted by unanimpus vote of the Board members
present, being eleven in number and two - thirds or more of the
members of the Board of Directors - elect, and the second reading
of the Ordinance ensued. A motion was then made for a further
suspension of the rules to provide for the third and last reading
of the Ordinance, with the motion being made by Director Priest,
seconded by Director Scheibner, and unanimously adopted by the
Board Members present, being eleven in number and two - thirds or
more of the members of the Board of Directors - elect. The
Ordinance was read the third and last time, and there was an Aye
and No Vote taken on passage of the Ordinance with the results
recorded as follows: Ayes - Directors Priest, Roy, Sharp,
Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck and Joyce - total 11; Noes - None; Absent - None.
Mayor Dailey then announced that the Ordinance had PASSED.
Consideration was then given to Ordinance No. 16,775,
entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL OF
BOUNDARY STREET IMPROVEMENT REQUIREMENTS FOR LEWIS MARTIN
ADDITION (S- 1039), LOCATED ON THE WEST SIDE OF CARTER LANE,
APPROXIMATELY 1/4 MILE SOUTH OF TAYLOR LOOP ROAD, LITTLE ROCK,
ARKANSAS;
(8 -1039 - Lewis Martin Addition at Carter Lane and Taylor Loop
Road - deferral of boundary street improvements for Carter Lane.)
5
775
775
Minutes
November 15, 1994
and said Ordinance was read the first time, followed by a motion
by Director Lewellen, seconded by Director Sharp, that the rules
be suspended and the Ordinance be placed on second reading. The
motion was adopted by unanimous vote of the Board members
present, being eleven in number and two - thirds or more of the
members of the Board of Directors - elect, and the second reading
of the Ordinance ensued. A motion was then made for a further
suspension of the rules to provide for the third and last reading
of the Ordinance, with the motion being made by Director Priest,
seconded by Director Scheibner, and unanimously adopted by the
Board Members present, being eleven in number and two - thirds or
more of the members of the Board of Directors - elect. The
Ordinance was read the third and last time, and there was an Aye
and No Vote taken on passage of the Ordinance with the results
recorded as follows: Ayes - Directors Priest, Roy, Sharp,
Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck and Joyce - total 11; Noes - None; Absent - None.
Mayor Dailey then announced that the Ordinance had PASSED.
The next presentation was Ordinance No. 16,776, described
as:
AN ORDINANCE CONDEMNING 322 EAST 21ST STREET IN THE CITY OF
LITTLE ROCK AS A STRUCTURAL, FIRE AND HEALTH HAZARD; PROVIDING
FOR SUMMARY ABATEMENT PROCEDURES; DIRECTING THE CITY ATTORNEY TO
TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID
STRUCTURES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
and said Ordinance was read the first time, followed by a motion
by Director Lewellen, seconded by Director Sharp, that the rules
be suspended and the Ordinance be placed on second reading. The
motion was adopted by unanimous vote of the Board members
present, being eleven in number and two - thirds or more of the
members of the Board of Directors - elect, and the second reading
of the Ordinance ensued. A motion was then made for a further
suspension of the rules to provide for the third and last reading
of the Ordinance, with the motion being made by Director Priest,
seconded by Director Scheibner, and unanimously adopted by the
Board Members present, being eleven in number and two - thirds or
more of the members of the Board of Directors - elect. The
Ordinance was read the third and last time, and there was an Aye
and No Vote taken on passage of the Ordinance with the results
recorded as follows: Ayes - Directors Priest, Roy, Sharp,
Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck and Joyce - total 11; Noes - None; Absent - None.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was read and adopted by the following roll call vote:
Ayes - Directors Priest, Roy, Sharp, Lewellen, Mason, Mayor
Dailey, Directors Adcock, Hendrix, Scheibner, Keck and Joyce -
total 11; Noes - None; Absent - None. Therefore, the Ordinance,
together with the Emergency Section, was then declared PASSED.
Item #2 on the Agenda was an Ordinance entitled: "AN
ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE I -430 DISTRICT;
CHANGING AN AREA FROM OFFICE TO MIXED OFFICE AND COMMERCIAL,
SOUTH OF CHENAL PARKWAY AND WEST OF HERMITAGE ROAD; AND FOR OTHER
MATTERS." (Related to Zoning Case Z -5887 - Embassy Suites - see
Item #3 below) . The Land Use Plan amendment was deferred until
January or February, 1995.
Item #3 on the Agenda was an Ordinance described as: "AN
ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A
PLANNED COMMERCIAL DISTRICT TITLED EMBASSY SUITES SHORT -FORM PCD
(Z- 5887), LOCATED ON THE SOUTH SIDE OF FINANCIAL CENTER PARKWAY,
APPROXIMATELY 0.4 MILE WEST OF SHACKLEFORD ROAD, IN THE CITY OF
LITTLE ROCK, ARKANSAS; AMENDING CHAPTER 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES.
Mr. Dan Robinson read a letter from John Q. Hammons requesting
N.
Minutes
November 15, 1994
that the Embassy Suites Short -Form PCD be deferred until January
or February of 1995. Therefore, the Ordinance was deferred until
1995.
Consideration was then given to a proposed Ordinance
entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED OFFICE DISTRICT TITLED SAUGEY 16725
CANTRELL ROAD SHORT -FORM POD (Z- 5882), LOCATED ON THE SOUTH SIDE
OF HIGHWAY 10, APPROXIMATELY 0.2 MILE WEST OF THE WEST TAYLOR
LOOP ROAD INTERSECTION, PULASKI COUNTY, ARKANSAS; AMENDING
CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK;
AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. (See discussion on
page 4 related to Z -5844 and other PUD's.) There was a motion by
Director Scheibner, seconded by Director Keck, to suspend the
rules and place the Ordinance on second reading. The motion was
adopted by the following roll call vote: Ayes - Directors Priest,
Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Hendrix,
Scheibner, Keck, and Joyce - total 10; Noes - Director Adcock -
total 1. Absent - None. The Ordinance was then read the second
time and left on the calendar for third and final reading on
Wednesday, November 23, 1994.
The next presentation was a proposed Ordinance described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF
BOUNDARY STREET IMPROVEMENT REQUIREMENTS FOR PARKSIDE PLACE
SUBDIVISION, LOCATED ON THE WEST SIDE OF UNIVERSITY AVENUE, NORTH
OF WEST 54TH STREET, LITTLE ROCK, ARKANSAS;
(5 -499 -A - Parkside Place Subdivision - waiver of street
improvements for West 54th Street and 63rd Avenue.)
with the Ordinance being read the first time. Mrs. Beverly
Nelson, President of the Meadowcliff- Brookwood Neighborhood
Association, stated they did not want South University to become
another Asher Avenue and asked the Board for a complete
explanation of the socio- economic impact this waiver would have
on those neighborhoods. Director Adcock asked Tim Polk, Acting
Director of Neighborhoods and Planning, about a deferral instead
of the waiver. Mr. Polk explained this is an unimproved street
used only for parking. Mr. Pat McGetrick, project engineer, was
present to answer questions. Director Adcock asked that Chief
Webb check this because it abuts the fire station located south
of the property. There was no motion to suspend the rules and
place the Ordinance on second reading; therefore, the Ordinance
remained on the calendar for second reading at the reconvened
meeting on Wednesday, November 23, 1994.
A public hearing had been scheduled for this time and place
by Resolution No. 9,264, adopted November 1, 1994, on the
petition to vacate public utility easements in South Oaks
Apartments PRD (platted as Block 26, C. 0. Brack's Addition)
which were retained by Ordinance No. 14,841, passed March 5,
1985. The petition was filed on October 17, 1994, by Jimmy
Alessi, general partner of South Oaks Apartments Limited
Partnership. Attached to the petition was a certified copy of
the amended and corrected plat of South Oaks Apts. P.R.D. on file
in Pulaski County Circuit Clerk's Office. Notice of the public
hearing was duly published in the Daily Record on November 8,
1994 and November 15, 1994. Mayor Dailey declared the public
hearing open. No opposition was presented and Mayor Dailey
declared the public hearing closed. Ordinance No. 16,777 was
introduced, with the title being:
7
777
!778
Minutes
November 15, 1994
AN ORDINANCE VACATING PUBLIC UTILITY EASEMENTS IN SOUTH OAKS
APARTMENTS P.R.D., AN ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS;
(Retained by Ordinance No. 14,841 in the former Anna Street
right -of -way and the former right -of -way of a 10 ft. alley in
Block 26, C. O. Brack's Addition, replatted as South Oaks
Apartments P.R.D.)
and the Ordinance was read the first time. There was a motion by
Director Sharp, 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 eleven 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 and second by Directors Adcock and
Priest, 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 eleven 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. A
roll call vote was taken on the question, Shall the Ordinance
Pass, with the results recorded as follows: Ayes - Directors
Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors
Adcock, Hendrix, Scheibner, Keck and Joyce - total 11; Noes -
None; Absent - None. Mayor Dailey then announced that the
Ordinance had PASSED.
The next presentation was a proposed Ordinance entitled:
AN ORDINANCE AMENDING IN PART ORDINANCE NO. 11,366 TO
PROVIDE FOR LEVYING A FRANCHISE FEE TO BE PAID BY ARKANSAS
LOUISIANA GAS COMPANY FOR THE YEAR 1995; PROVIDING FOR THE
PAYMENT THEREOF;
with the Ordinance being read the first time. There was no
motion to suspend the rules for second reading; therefore, the
proposed Ordinance remained on the calendar for second reading on
December 6, 1994.
Introduced next was a proposed Ordinance described as:
AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT OF
FEES AND CHARGES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS BY
ARKANSAS POWER AND LIGHT COMPANY AND THE METHOD OF PAYMENT
THEREOF BEGINNING IN 1995; AMENDING SECTION 9 OF ORDINANCE NO.
11,683, AND FOR OTHER PURPOSES;
with the Ordinance being read the first time. There was no
motion to suspend the rules for second reading; therefore, the
proposed Ordinance remained on the calendar for second reading on
December 6, 1994.
The next presentation was a proposed Ordinance, entitled:
AN ORDINANCE LEVYING ADDITIONAL FRANCHISE FEES TO BE PAID BY
SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR 1995; AND
PROVIDING FOR THE PAYMENT THEREOF;
with the Ordinance being read the first time. There was no
motion to suspend the rules for second reading; therefore, the
proposed Ordinance remained on the calendar for second reading on
December 6, 1994.
Consideration was then given to a proposed Ordinance
described as:
8
Minutes
November 15, 1994
AN ORDINANCE FIXING AND IMPOSING THE AMOUNT OF FEES AND
CHARGES TO BE PAID TO THE CITY OF LITTLE ROCK, ARKANSAS BY ALL
COMPANIES THAT PROVIDE INTERSTATE OR INTRASTATE LONG DISTANCE
TELECOMMUNICATION SERVICE, AND ALL BUSINESS INCIDENTAL TO OR
CONNECTED WITH THE CONDUCTING OF SUCH TELEPHONE BUSINESS IN THE
CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 3 OF ORDINANCE
NO. 15,706; AND FOR OTHER PURPOSES;
with the Ordinance being read the first time. There was no
motion to suspend the rules for second reading; therefore, the
proposed Ordinance remained on the calendar for second reading on
December 6, 1994.
Introduced next was Ordinance No. 16,778, with the title
being:
AN ORDINANCE TO AMEND ORDINANCE NO. 15,561 (THE 1994 BUDGET
ORDINANCE); APPROPRIATING FUNDS FOR A VOICE MAIL TELEPHONE
SYSTEM; AUTHORIZING A CONTRACT; AND FOR OTHER PURPOSES;
and the Ordinance was read the second time, having been read the
first time on November 1, 1994. (See pages 6 and 7 of Minutes of
November 1, 1994, for discussion.) There was a motion by
Director Sharp, seconded by Director Scheibner, to suspend the
rules and place the ordinance on third and final reading, and the
motion was unanimously adopted by the Board Members present,
being eleven in number and two - thirds or more of the members of
the Board of Directors - elect. Director Keck said there has been
some question as to whether we actually need 1,000 boxes. City
Manager Charles Nickerson said there will be about 600 boxes the
first year. Mr. Bruce Branch, representing Voice -Tel, a voice
mail service provider, said the question is do you want to
purchase equipment to facilitate voice mail. He again
recommended the City look more in depth at a voice mail service,
rather than purchasing voice mail equipment which would soon be
outdated. He also recommend that the Board of Directors vote no
on purchasing the voice mail equipment. After the third and last
reading of the Ordinance, a roll call vote was taken on passage
of the Ordinance, with the results recorded as follows: Ayes -
Directors Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey,
Directors Adcock, Hendrix, Scheibner, Keck and Joyce - total 11;
Noes - None; Absent - None. Mayor Dailey then announced that the
Ordinance had PASSED.
Item 20 on the Agenda was a proposed Resolution entitled:
"A RESOLUTION TO CLARIFY THE RESIDENCY REQUIREMENT SET FORTH IN
LITTLE ROCK, ARK., RESOLUTION NO. 9,073 TO CHANGE THE DATE THE
RESIDENCY REQUIREMENT APPLIES TO A NEW EMPLOYEE; AND FOR OTHER
PURPOSES." Director Keck moved that the Resolution be deferred
until after the first of the year. The motion was seconded by
Director Lewellen and adopted by the following roll call vote:
Ayes - Directors Priest, Sharp, Lewellen, Mason, Hendrix,
Scheibner and Keck - total 7; Noes - Mayor Dailey, Directors
Adcock and Joyce - total 3; Abstentions - Director Roy - total 1;
Absent - None. Therefore, the proposed Resolution was deferred
until after the first of 1995.
Item #22 on the Agenda was also a proposed Resolution, with
the title being: "A RESOLUTION TO CLARIFY THE RESIDENCY
REQUIREMENT SET FORTH IN LITTLE ROCK, ARK., RESOLUTION NO. 9,073
TO NOTE A HARDSHIP EXCEPTION TO THE RESIDENCY REQUIREMENT FOR
PERSONS MARRIED TO LITTLE ROCK EMPLOYEES; AND FOR OTHER PURPOSES.
Director Keck moved that the Resolution be deferred until after
the first of the year. The motion was seconded by Director
Lewellen and adopted by the following roll call vote: Ayes -
Directors Priest, Sharp, Lewellen, Mason, Hendrix, Scheibner and
Keck - total 7; Noes - Mayor Dailey, Directors Adcock and Joyce -
total 3; Abstentions - Director Roy - total 1; Absent - None.
Therefore, the proposed Resolution was deferred until after the
first of 1995.
9
779
/`780
Minutes
November 15, 1994
The last matter to be considered was Resolution No. 9,277,
which appeared on the addendum to the Agenda, with the title
being;
A RESOLUTION AMENDING RESOLUTION NO. 9,211 TO MAKE THE LOAN
THEREBY AUTHORIZED TO THE SOUTH MAIN STREET REDEVELOPMENT LIMITED
PARTNERSHIP INSTEAD OF THE DOWNTOWN LITTLE ROCK COMMUNITY
DEVELOPMENT CORPORATION;
Mr. Tim Polk, Acting Director of Neighborhoods and Planning,
explained the Resolution, stating the Limited Partnership would
be the same as the Community Development Corporation Board.
Director Hendrix asked if it is fair to let the downtown
neighborhood take over this project. Following the reading of
the Resolution, there was a motion by Director Priest, seconded
by Director Lewellen, to adopt the Resolution, and the Resolution
was unanimously adopted by the Board Members present.
There being no further business to be presented, Mayor
Dailey declared the Board of Directors in recess at 8:05 o'clock
P.M. to reconvene 1:30 o'clock P.M. on Wednesday, November 23,
1994, to consider the Capital Improvements Bond Ordinance; the
Resolution regarding the establishment of a Cultural/
Entertainment Facilities Master Plan for the riverfront area, as
recommended by Mr. Moses and the Downtown Partnership; a
Resolution regarding the Military Museum and the Arkansas Arts
Center; and the lease of property for Murray Park; in addition to
the four zoning Ordinances that were left on the calendar for
third reading on November 23, 1994.
ATTEST:
(::I�- 444qA c&
City Clerk Robbie Hancock
10
APPROVED:
Mayor Jim Daile