Loading...
03-06-01•3121 Minutes Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas March 6, 2001 6:OOP.M The Board of Directors of the City of Little Rock, March 6, 2001, regular meeting, with Mayor Dailey presiding. City Clerk Nancy Wood called the roll with the following Directors present: Directors: Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Graves, Adcock and Kumpuris. 10 present. (Director Stewart actually enrolled at 6:10 PM and Director Kumpuris enrolled at 6:05 P.M. The invocation was given by Vice Mayor Cazort, followed by the Pledge of Allegiance. The meeting was recorded as follows: Mayor Dailey asked for a motion to make the following modifications to the agenda: Modification No. 1 was a withdrawal of Item 22. A resolution to approve water mains to serve the Kanis and Denny Roads Suburban Water Improvement District No. 349, a protion of which is located outside the city limits. Modification No. 2 consisted of the following: ADDITION: M -1. PROCLAMATION - To congratulate the Central High Tigers and the Hall High Warriors on reaching the Class 5 -A State Tournament Finals. DEFERRALS: 18. ORDINANCE - Z- 4923 -A - Approving a modification to a Planned Zoning Development titled Summit Mall - Revised PCD, located at the southwest corner of Shackleford Road and Interstate 430, in the City of Little Rock, Arkansas; and for other purposes. (Planning Commission: 8 yes, 2 no, 1 abstention.) (Third reading.) (Deferred to April 3, 2001.) 12. ORDINANCE - Z -6973 - Reclassifying property located at David O'Dodd Road, south of Colonel Glenn Road, in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes. (Planning Commission: 9 yes, 2 absent.) Staff recommends approval. (Deferred to March 20, 2001.) MODIFICATIONS: 7. RESOLUTION - To accept an Orientation Manual for the Little Rock Board of Directors; to direct the City Attorney to draft any necessary ordinances to implement the manual; and for other purposes. (This was listed on the agenda as a motion, and it should be a resolution) and (Title language change.) 20. PUBLIC HEARING & ORDINANCE - To accept the voluntary annexation of 27.5 acres to the City of Little Rock, Arkansas, making same a part of the City of Little Rock, Arkansas; to declare an emergency; and for other purposes. (Title language _. change.) 24. ORDINANCE - To declare Environmental Systems Engineers & Suppliers a Professional Service; to amend Little Rock., Rev. Code 2 -243 (a) (2) (1988) to include this definition; and for other purposes. (Title language change.) (1st reading only) A motion was made by Director Lichty to add the listed modifications. Vice Mayor Cazort seconded the motion, and by unanimous voice vote of board members present the 4� modifications were added. Director Keck motioned to add Items 20 and 23 to the grouped items, Vice Mayor Cazort seconded the motion, and by unanimous voice vote of Board members present, the items were added to the list of grouped items on the agenda. Mayor Dailey presented proclamations to Little Rock Central High Coach Oliver Fitzpatick, Hall High School Coach George Cirks, along with Vice Principals Roy Wade, Hall High School and John Kelley, Little Rock Central High School. The purpose of the proclamations was to recognize the outstanding basketball season, compiling perspective records of 22 and 3 and 25 and 4, in the State 5 -A Region, with their final game being Saturday in Pine Bluff, Arkansas. Mayor Dailey proclaimed March 5 to March 10, 2001 as Hall High Warriors /Central High Tigers Week, and the other Central High Tigers /Hall High Warriors Week. The next items for consideration were the consent agenda items, which were read by the clerk. 1. MOTION - To set the date of Public Hearing for March 20, 2001 on an appeal of the Planning Commission's decision to approve a Conditional Use Permit for an adult day care center, located at 7210 Milford Drive, Little Rock, Arkansas. (Planning Commission: 9 yes, 1 no, 1 absent.) Staff recommends approval of the Conditional Use Permit. 2. MOTION - To set the date of Public Hearing for March 20, 2001 on an appeal of the Planning Commissions decision to approve a Conditional Use Permit for a cemetery located at 3200 Roosevelt Road, Little Rock, Arkansas. (Planning Commission: 10 yes, 1 absent. Staff recommends approval of the Conditional Use Permit. 3. MOTION - To set the date of Public Hearing for March 20, 2001 on an appeal of the Planning Commission's decision on the Land Use for 2501 Bishop Street, Little Rock, Arkansas. 4. MOTION - To set the date of Public Hearing for March 20, 2001 to authorize issuance of Industrial Development Revenue Bonds to Dillard's Store Services, Inc. Project. 5. RESOLUTION NO. 11,011 - Authorizing the Mayor and City Clerk to execute appropriate documents to grant an easement to Entergy Arkansas, Inc., in Allsopp Park. 6. RESOLUTION NO. 11,016 - Expressing the willingness of the City of Little Rock to utilize Federal Aid monies for a preliminary study for improvements to Asher Avenue, University Avenue to Roosevelt Road. 7. RESOLUTION NO. 11,017 - To accept an Orientation Manual for the Little Rock Board of Directors; to direct the City Attorney to draft any necessary ordinances to implement the manual; and for other purposes. 8. RESOLUTION NO. 11,018 - Authorizing the City Manager to enter into contract negotiations with Lewis - Burnett Employment Finders to provide job placement services to Welfare to Work eligible clients; and for other purposes. Director Lichty motioned to adopt the consent agenda. Director Keck seconded the motion and by unanimous voice vote of board members present, the consent agenda was adopted. Citizens Communications was the next item on the agenda. The speakers were: Sam Heard at 4520 Austin, who asked the board to vote no on the proposed Summit Mall when it comes up for vote. The other speakers spoke on the issue of keeping Ellen the elephant, or freeing her to a sanctuary. Mayor Dailey asked Mr. Mike Blakely, the Zoo Director, to lead off the discussion. Mr. Blakely said the plan for Ellen's management was to get her a companion, and much of the effort over the last year and a half was direct towards that goal. He said many improvements have been made, the yard has been expanded, the building modified, raising the doorway, and this year have modified the interior to allow -- for another elephant safely that allows separation at night if they needed to, but keep them together if they would like to. He said they are in negotiations now for a companion for Ellen, and that should be accomplished in the next three to four weeks. He stated that this is a program that the American Zoo and Aquarian Association has been supportive of, and were pleased that the Little Rock Zoo was acquiring another animal. Mr. George Mallory, the Chair of the Zoo Board of Governors, presented some facts on Ellen, saying that she was fifty years old and had been at the Little Rock Zoo since she was four years old, and had resided with another elephant named Ruth, until 1978 when she died, at the age of sixty six. He said Ellen has resided alone for the past 2 3y twenty -two years. He said a group called TAG, or the animal group requested that they be put on the Board of Governors meeting, which they did. He said they heard their presentation, which was basically a plea to relocate Ellen to a sanctuary in Tennessee. He stated that this group felt that the eight hundred acre sanctuary was best for Ellen, and he said the Zoo Board questioned their board and listened carefully. He said some of the things they learned about that sanctuary was that sanctuary has seven elephants in it, they do not have bull elephants, they are all females approximately the age of fifty. He said when the Zoo board asked about safety and how they maintained safety, (for example, did they know the procedures to break up an elephant fight), it was determined they did not know those procedures at that time. Their board thought the Little Rock Zoo could get positive publicity by relocating Ellen, in that even possible a National Geographic documentary might result from this. He said the Zoo Board asked about the funding of that sanctuary and the TAG board did not know for sure, but felt it was well funded. He said they felt a single elephant was unacceptable and they discouraged the Little Rock Zoo from acquiring a second elephant. He said when the Zoo Board asked about introducing Ellen to the other seven elephants at the sanctuary they did not think it would be problem and thought the other elephants had been introduced to that sanctuary fairly successfully. He said they posed the question about educating the young people who visited the Zoo and it was their thought that it could be done with pictures, videos and in someway creating a positive image about relocating her, regarding her care. They stated that of the one hundred and eighty eight accredited institutions only eighty -eight had elephants. He said this particular sanctuary is not accredited, but they have applied for a membership as a sanctuary. He said that after listening to their presentation and asking questions, the Zoo Board felt it was better to keep Ellen at the Little Rock Zoo. He said Ellen had never been in a transport trailer, and felt there was some degree of risk in transporting her, that introducing her to other elephants in a different environment would probably be more stressful than in her own environment. He said they have been told there is a sort of "pecking" order among elephants, and that they sometimes have to fight for position, and they were concerned about that. He said the vote was 7 yes, 0 no, 1 abstention to keep Ellen here at the Little Rock Zoo, seek a companion for her, and to continue to improve the elephant exhibit. He said this decision was not made by emotion alone, it was made with a balance of emotion and intellect. He said there are some areas of agreement with this group and that was that animal welfare is at the top of the pyramid when it comes to having a zoo. He said without animal welfare the rest would not fall into place. Heidi Riddle, P. O. Box 715 Greenbriar, Arkansas, stated she was at the meeting on behalf of elephants in general, and Ellen is the focus tonight. She said she and her husband have been concerned about Ellen for many years. She said she and her husband had been in Arkansas for eleven years, and represents Riddle's Elephant and Wildlife Sanctuary. She said it was a sanctuary founded by she and her husband Scott, approximately eleven years ago. She said they take in elephants of both species and both genders. She said they have eleven elephants, Asians and Africans, both male and females of both species. She said they are very concerned about elephant welfare and management. She said Ellen's was one of those cases that get very emotional very quickly. She stated that they had discussed with the Zoo several times over the last few years ways to improve Ellen's well being. She said when the issue of her being moved out came up they had initially thought that this be thought over because her facility is very small, she is a single elephant, and those are not very good things, however if a zoo management is going to be progressive and does want to do the right thing for the animals in their care, they will certainly try to improve all this. She said she and her husband felt that with the current management, there has been a tremendous improvement made for Ellen. She said they feel it would not be beneficial to move her at this time, as she has spent almost fifty years at the same facility, the facility has been expanded and she currently has some professional staff working with her that has done an excellent job of working with her on an enrichment basis. She has become a different animal. She said they see it, and they live with elephants everyday, and personally had been living with elephants for twenty years and has some basis of knowledge, and thought it import to look at things in terms of what is best for Ellen, and not what is best for everyone else, or all the people concerned about her. She said speaking as an elephant person herself, that it could be very stressful to elephants, they are highly intelligent, and to be moved to a totally different environment would difficult for her. She is an animal that has never been moved in her life basically, and is also an animal that has become somewhat anti- social, so to make her be a part of a group at their age would probably be fairly difficult. She said it would probably be easier on Ellen to bring another animal in to her environment and let her develop a relation ship with one elephant at a time. In the future there would be the possibly to bring in a second animal or possibly a third, if the Zoo wanted to go that route. She thought it important to remember Ellen's welfare in all this. Mr. Scott Riddle, P.O. Box 715, Greenbriar, Arkansas, concurred with his wife, but said stated there is one thing to keep in mind, and that is Ellen is not an object, she is an animal of great intelligence, and she cannot be treated as an object. He said Ellen and the new elephant coming in can participate in the future of all elephants. He said geriatrics in elephants had not really been looked at, and Ellen is a perfect candidate for that, and if the elephant coming in is approximately the 13,5 same age, these two can participate in the future of all elephants, and stated if you don't participate in education, research or reproduction of elephants then the zoo shouldn't have them. He said we cannot afford to put the animals away, and manage them into extinction, and recommended Ellen stay at the little Rock Zoo, and recommended that a lot of the groups that are being so negative and just want to dump an animal, thought they should get behind the zoo, and maybe put their financing and their efforts and work into making things better there. He said you couldn't just start picking animals out of the zoo and getting rid of them. Things had to be made for all the animals there, just not the elephant. He sated he thought the zoo is on the right road. Shelly Seitz, 51 Prospect Trail, North Little Rock, asked that Ellen be allowed to the elephant sanctuary in Tennessee. She said the city has an opportunity to change the image of the Little Rock Zoo, by taking swift compassionate, action to retire Ellen. Paul Davis, 1617 N. Tyler, thought the issue transcends just the animal groups and has grown far beyond that, and - had been politicized, and had been following the issue in the paper. He said he had written Mr. Blakely and received what looked like a form letter response, not answering directly any of his questions. He wanted to know about the Zoo Master Plan, about time frames, how much it was going to cost, education programs, etc., and did not receive any information. He said it seems illogical to buy another elephant and put them in a fairly small space with an old elephant that is going to die soon, and wanted to know how this project would be funded. He said he thought the only right thing, as things stand right now is to let her go. Kenley Hilton, a docent at the Little Rock Zoo, said she had been a docent for about six years there, and felt Ellen should remain at the Zoo, due to the fact that she had never been tailored, the sedation factor risk, the journey itself possibly harming her. She stated that possible third, forth and fifth expert options be sought, and then make the determination. Mary Ann Lehman, 12407 Coleen Drive, stated she is also a docent at the zoo and she and her husband volunteer almost five hundred hours a years, so feels she knows Ellen, and was at the TAG presentation, and it was passionate, very emotional, certainly out of their element, because their TAG organization was set up to help homeless dogs and cats and to help with the spay /neuter program, it is such a large program, its hard to control, and maybe that was why they decide to come and focus on one animal instead help all other cats and dogs that do need their help. She stated she would like to see them put their emotion, into their original cause which is a big need, because Ellen is not a big need, Ellen doesn't need anything, and is having better years these years than she has had in her life. She said they all love Ellen and she has a lot of entertainment and a lot fun, and loves the public and they lover her, and made a plea to keep Ellen at the zoo. Carleen Peterson, 902 McCollum Road, Austin, Arkansas, stated she and her husband are both docents, and have been for over five years, and volunteer almost seven hundred hours a year, and they do a lot of education program. She said in the last few years, particularly, the animals seen better cared for, the keepers are very concerned, and thought the general public if they would come to the zoo could see the improvements that have been made. Kerri Daniels, 7607 Illinois, said TAG is here for all animals, and it wasn't an issue of TAG versus the Zoo. She said she was concerned that her basic need for space is not being met, and to bring another animal in was inappropriate, and her basic need for socialization, had not, and is not being met and this has gone on for many years. She asked that Ellen be allowed to go to the Tennessee sanctuary, and start over with young animals, to let Ellen retire. Grouped Items: 9 -17, 20, 23 9. ORDINANCE NO. 18,435 - LU- 01- 10 -01- To amend the Land Use Plan (16,222) in the Boyle Park Planning District, from Single Family to Office; in the 1900 Block of John Barrow Road, and for other purposes. (Planning Commission 9 yes, 2 absent.) Staff recommends approval. 10. ORDINANCE NO. 18,436 - Z- 6888 -A — Reclassifying property located at 1911- 2109 John Barrow Road, in the City of Little Rock, Arkansas amending the Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes. (Planning Commission 9 yes, 2 absent.) Staff recommends approval. 11. ORDINANCE NO. 18,437 - Z- 6748 -A — Reclassifying property located at 1210- 1212 S. Bowman Road in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes. (Planning _ Commission 9 yes, 2 absent.) Staff recommends approval. 12. ORDINANCE - Z -6973 - Reclassifying property located at David O'Dodd Road, south of Colonel Glenn Road, in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes. (Planning Commission 9 yes, 2 absent.) Staff recommends approval. (Deferred to March 20, 2001.) 13. ORDINANCE NO. 18,438 - LU- 01 -19 -02 — To amend the Land Use Plan in the Chenal Planning District from Single Family to Commercial and Park Open Space in n NU 3ta the 19,900 Block of Cantrell Road. (Planning Commission: 9 yes, 2 absent.) Staff recommends approval. 14. ORDINANCE NO. 18,439 - Z -6977 — Reclassifying property located on the south side of the 19,900 Block of Cantrell Road, in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes. (Planning Commission 9 yes, 2 absent.) Staff recommends approval. 15. ORDINANCE NO. 18,440 - Z -6966, Z -6967, Z -6968, Reclassifying property located in the City of Little Rock, Arkansas, (Asher Avenue corridor) amending the Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes. (Planning Commission: 10 yes, 1 absent.) Staff recommends approval. 16. ORDINANCE NO. 18,441 - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a waiver of right -of -way and street improvements for American Heart Association located at southwest corner of Izard and West Second Street. 17. ORDINANCE NO. 18,442 - Z -6969 - Reclassifying property located at 6700 S. University Avenue, in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes. (Planning Commission 9 yes, 2 absent.) Staff recommends approval. 20. PUBLIC HEARING & ORDINANCE NO. 18,443 - To accept voluntary annexation of 27.5 acres to the City of Little Rock, Arkansas, making same a part of the City of Little Rock, Arkansas; to declare an emergency; and for other purposes. (Planning Commission 9 yes, 2 absent). Staff recommends approval. Mayor Dailey opened and closed the Public Hearing, and the item was read with the grouped items. 23. ORDINANCE — 18,445 - To allow Animal Services shelter fees to be established by the City Manager or his designee. The Grouped Item Ordinances were read the first time. The rules were suspended to provide for the second and third readings of the Ordinances by unanimous vote of the Board members present, being ten in number and two - thirds or more of the members of the Board of Directors. By unanimous voice vote of board members present, the ordinances and emergency clause were adopted. 24. ORDINANCE - To declare Environmental Systems Engineers & Suppliers a Professional Service; to amend Little Rock., Rev. Code 2 -243 (a) (2) (1988) to include this definition; and for other purposes. (I" Reading only.) The ordinance was read the first time. 18. ORDINANCE NO. Z- 4923 -A — Approving a modification to a Planned Zoning Development titled Summit Mall — Revised PCD, located at the southwest corner of Shackleford Road and Interstate 430, in the City of Little Rock, Arkansas; and for other purposes. (Planning Commission: 8 yes, 2 no, 1 abstention.) (Third reading.) (Deferred to April 3, 2001.) 21. ORDINANCE NO. 18,444 - Appropriating $500,000 to construct two pedestrian walkways across Main and 7th Streets in the downtown area; to authorize the City Manager to enter into an operating agreement with the Donaghey Foundation for maintenance of these walkways; to declare an emergency; and for other purposes. There was brief discussion. The Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board members present, being ten in number and two - thirds or more of the members of the Board of Directors. By unanimous voice vote of the board members present, the ordinance and emergency clause was adopted. 22. RESOLUTION - To approve water mains to serve the Kanis and Denny Roads Suburban Water Improvement District No. 349, a portion of which is located outside the city limits. (Withdrawn by applicant.) 19. PUBLIC HEARING & RESOLUTION -6974 - To rescind the Planning Commission's action in approving a Conditional Use Permit for City of Faith Prison Ministries Community Correctional Facility located at 1401 South Garfield Street. Staff recommends denial of the resolution. There was a lengthy discussion lasting approximately four hours. David Savage 1618 S. Garfield Street, Ralph White, 913 S. Hughes Street, Jody Williams, 1607 Charlotte Street, and Sandra Brown, 915 S. Arthur Street, were opposed to the Planning Commission's Action in granting a Conditional Use Permit to the applicant citing reasons of fear that crime resulting from this halfway house would infect their area, that they were never given notice in 1997 of what was going to be built at this site, fear that some of the residents might escape and clause harm to someone in the neighborhood. Fear that they constantly feel the need to look over their shoulder in their own neighborhoods. Captain W. W. Williams, of the Little Rock Police Department presented a crime analysis of the area, and reported that there had been no increased crime in the area due to the halfway house being located there. The board asked Ms. Terry Parker Williams, the applicant, questions concerning security, how notification is made when a prisoner escapes or does not return to the facility, how many prisoners are housed at the facility, what a typical day is like at the facility, what are the criteria the facility has to meet to keep their contract with the Bureau of Prisons. How it is determined which prisoners would be allowed to come to the halfway house, what kind of prisoners are at the halfway house, and other related questions. Ms. Williams told the board they have a 97 bed facility, that no one living at the halfway house has caused trouble in the neighborhood since the facility was built in 1997. Ms. Williams stated that they have a staff of 25 and 15 of those were security. She stated that they do not take felons convicted of violent crimes, sexual assault or crimes against children, that most of the prisoners received there were white collar and drug offenders. Ms. Williams told the board that the Bureau of Prisons gave the halfway house a glowing review when it made a recent surprise inspection. Ms. Williams emphasized that any time the criteria laid down by the Bureau of Prisons is not complied with, they were subject to lose their contract. Following the discussion, Director Hinton made the motion to take a vote on the resolution. Director Stewart seconded the motion. A roll call vote was taken, and recorded as follows: Directors: Lichty, Cazort, Keck„ Stewart, Wyrick, Kumpuris, Graves, Adcock, Mayor Daily voted to reaffirm the Planning Commissions Decision to grant the Conditional Use Permit. Directors Hinton and Stewart voted for the resolution to rescind the Planning Commissions decision. The resolution failed. 25. REPORT - City Managers Activity Report. No report at this meeting. The meeting was recessed for the purpose of executive session to consider appointments and reappointments to various a oards and commissions. 26. RESOLUTION NO. 11,19 - To make appointments to various boards and commissions. Mayor Dailey announced the recommendations were: Nichole Sheffield, At large Position, Commission on Domestic Violence, Del Berry (For profit Corporation), Community Housing Advisory Board, Gerry Nash, (Real Estate Business Commission), Community Housing Advisory Board, Dr. Katherine Mitchell, School Board Representative, Education Commission, Kenneth Richardson (New Futures Representative), Education Commission, Glenn Davis, MacArthur Military History Museum Commission, Rick Comer, MacArthur Military History Museum Commission, C.C. (Chip) Culpepper, MacArthur Military History Museum Commission, Ron Fuller, MacArthur Military History Museum Commission, James Rice, MacArthur Military History Museum Commission, General Robert Hope, MacArthur Military History Museum Commission, Lt. Col. Bill Hoffman, MacArthur Military History Museum Commission, Mary Bray Simmons, MacArthur Military History Commission, Curtis Sykes, MacArthur Military History Commission, William "Bill" Terry, MacArthur Military History Commission, L. T. Williams, MacArthur Military Museum Commission, Thomas Brannon, reinstatement, Racial and Cultural diversity Commission, Armand Delaurell, Racial and Cultural Diversity Commission, Will Parker, Racial and Cultural Diversity Commission, Willa Black Sanders, Racial and Cultural Diversity Commission, Eric Walker, Racial and Cultural, Donita Alexander, Sister Cities Commission. Vice Mayor Cazort motioned to adopt the resolution making the listed recommended appointments, Director Keck seconded the motion and by unanimous voice vote of board members present the resolution was adopted. Mayor Dailey announced that the board had received the information requested from City Attorney Tom Carpenter, and finished his evaluation while in executive session. Mayor Dailey announced that Mr. Carpenter had satisfactorily answered the questions that had been requested at the February 20, 2001 Board of Directors meeting, The board agreed to a 4% salary increase, retro to January 1St, commensurate with the increases of City employees in general, which is in the range of 4 %. Director Keck made a motion to adjourn, Vice Mayor Cazort seconded the motion, and by unanimous voice vote of board members present, the meeting was adjourned at 11:30 PM. ATTEST: Nncy � AZ114 11 10 .11� W94d, City Clerk APPROVE: �An Dailey, Mayor 0 S %