10-02-01138
MINUTES
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
October 2, 2001
6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas met in regular session
with Mayor Dailey presiding. The roll was called by City Clerk Nancy Wood, with the
following Directors present: Directors Hinton, Pugh, Vice Mayor Cazort, Stewart,
Graves, Kumpuris, Adcock, Keck, Wyrick, Director Lichty, Mayor Dailey. Director
Kumpuris was not present at roll call, but enrolled at 6:05 P.M.
With a quorum present, Mayor Dailey declared the Board of Directors in session
and the proceedings of the meeting are recorded as follows.
Director Hinton, gave the Invocation, which was followed by the Pledge of
Allegiance.
Mayor Dailey asked for a motion to take care of the modifications. Vice Mayor Cazort
made a motion to add the five items to the agenda, placing the three resolutions on the
Consent Agenda. Director Keck requested the two ordinances be placed on the grouped
items, Director Lichty asked for Item M -2 dealing with water facilities listed on
Modification No. 2 be left as a separate item. Item 1, Modification I, was added to the
grouped items. Director Keck seconded the motion, and by unanimous voice vote of the
board members present, the listed modifications were added.
Modification Number I.
M -1. ORDINANCE NO. 18,575 - Dispensing with competitive bidding and authorizing
the City Manager to enter into a sole source contract with a the Little Rock School
District in the amount of $19,974 for the Little Rock Comprehensive Partnerships for
Mathematics and Sciences Achievement Summer Mathematics Advanced Readiness
Training ( "SMART ") Program; and for other purposes.
M -2. RESOLUTION NO. 11,133 - Declaring the intent of the City of Little Rock,
Arkansas to make certain expenditures toward Capital Improvements for the City Public
Libraries and to reimburse itself for such expenditures from the proceeds of Revenue
Bonds of the City; and prescribing other matters relating thereto.
M -3. RESOLUTION NO. 11,134 - To authorize negotiations between the City and the
William Jefferson Clinton Presidential Foundation for the lease of property in the
William Jefferson Clinton Presidential Park; and for other purposes.
Modification Number II.
M -1. RESOLUTION 11,132 - To authorize the City Manager to enter into a contract
with CAM, LLC, for application of asphalt rejuvenating product on designated city
streets.
M -2. ORDINANCE NO. 18,576 - To deem improvements to water facilities for the
Governor's Mansion of the State of Arkansas to be a benefit to the public good; to
authorize such improvement of the public works to be done at the expense of Central
Arkansas Water; to declare an emergency; and for other purposes.
Mayor Dailey asked Mr. Scott Carter to make his presentation on Arts and Humanities
Month. Mayor Dailey read a Proclamation declaring October 2001 as Arts and
Humanities Month in the City of Little Rock, Arkansas.
CONSENT AGENDA (Items 1 -6)
1. RESOLUTION NO 11,127 -To set the date of Public Hearing for October 16, 2001
for street right of way abandonment: 1750 feet of East 2nd Street between Collins and
Geyer Street and 520 feet of Byrd Street between East 3rd and Arkansas River and 400
feet of Industrial Street between East 2„d and Arkansas River and 320 feet of English
Avenue from East 2nd to Arkansas River Bank in Russell's Addition. (Planning
Commission: 9 yes, 0 no, 2 absent.) Staff recommends approval.)
2. RESOLUTION NO. 11,128 - To authorize the City Manager to enter into a contract
with Tina Smith for property located at 2710 Bishop Street in the amount of $6,308 as
part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement Plan.
(Resolution forthcoming.)
3. RESOLUTION NO. 11,129 - To authorize the City Manager to enter into a contract
with Cynthia Lewis Eyiuche for property located at 2007 Howard Street in the amount
— of $3,728 as part of the Tornado Disaster Rebuild Targeted Neighborhood
Enhancement Plan. (Resolution forthcoming.)
4. RESOLUTION NO. 11,130 - To authorize the City Manager to enter into a contract
with Erma Hendrix for property located at 921 W. Roosevelt Road in the amount of
$7,574 as part of the Tornado Disaster Rebuild Targeted Neighborhood
Enhancement Plan. (Resolution forthcoming.)
5. RESOLUTION NO. 11,131- G -24 -005 — To set the date of Public Hearing for
October 16, 2001 to request abandonment of a 10 foot utility easement located between
Lots 78 and 79, Kensington Place. Staff recommends approval.
6. RESOLUTION NO. 11,135 - To authorize the City Manager to enter into a contract
with Johnson Controls to provide guaranteed cost savings improvements for various
City facilities.
M -2. RESOLUTION NO. 11,133 - Declaring the intent of the City of Little Rock,
Arkansas to make certain expenditures toward Capital Improvements for the City Public
Libraries and to reimburse itself for such expenditures from the proceeds of Revenue
Bonds of the City; and prescribing other matters relating thereto.
M -3. RESOLUTION NO. 11,134 - To authorize negotiations between the City and the
William Jefferson Clinton Presidential Foundation for the lease of property in the
William Jefferson Clinton Presidential Park; and for other purposes.
M -1. RESOLUTION 11,132 - To authorize the City manager to enter a contract with
CAM, LLC, for application of asphalt rejuvenating product on designated city streets.
The consent agenda was read. (Items 1 -6, and Items M -2 and M -3 from Modification
No. I, and Item M -1, from Modification No. II. Director Adcock made a motion to adopt
the consent agenda; Vice Mayor Cazort seconded the motion and by unanimous voice
vote, the consent agenda was adopted.
The first speaker during Citizens Communication was Michael Teague, 16 Trelon
Drive, who asked the board to reconsider the plan for proposed stoplights on Hwy. 10 to
better regulate the traffic flow. Mr. Don Darnell, 7007 E. Wakefield Drive, announced a
recycling day at War Memorial Stadium and Pulaski County Solid Waste Management,
saying they would be taking the things for disposal and possible reuse. He also
announced their Neighborhood Resource Center was going to be the site of a
Neighborhood Fest, lots of food, health screens, community displays, etc., which would
be held October 6th from 10 am to 2 pm. He also spoke on needed traffic lights
throughout the City, and that the city would not have those lights due to bonded
indebtedness for the Clinton Library. Ms. Dee White, 524 Booker Street, Mr. Jack
Newton, 523 Booker Street, Mr. Jason Peters, 21 Knollwood, Mr. Joseph Walls, 25
University Ave., Ms. Brenna Smith, 306 S. Woodrow, Mr. Johnathan Burket, 334
Hinson Loop Road, Mr. Jason Clark, 523 Booker Street, spoke on various issues
concerning the RAVE or Youth Culture Dance Parties. Some of the issues discussed
were the freedom to have the dance parties, the criticism by the media, prejudice of those
who are different, and the misconceptions of people toward the dance parties, the
difficultly in securing locations to have the parties, the revenue the events could bring to
the city, some also asked for an investigation into the events and actions leading up to the
events of August 10th, where a young man died, and to look into the zoning regulations
outside the city limits. Mr. Gregory Ferguson, 204 Beechwood, spoke on the Choctaw
Freight Depot preservation. Mr. Ferguson stated he had requested to be put on the
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agenda, and still had a problem figuring out how to do that. Mayor Dailey stated that this
was an issue that if there is a willingness of the board to go to a more lengthy discussion,
since it was not on the agenda, it would take six members of the board to add it to the
agenda. He explained that just because it isn't on the agenda, it in no way, intended to
show a lack of interest in historic preservation, or even in this particular building. Mr.
Ferguson shared his time with Dr. Pollard, who gave a brief history of the building. He
stated in 1898 , Little Rock was chosen for the site of the general offices of the Choctaw,
Oklahoma and Gulf Railroad which was extending in to Arkansas. Plans were developed
for a passenger station and a freight station, both of which would provide an imposing
and impressing presence in the railroad's new headquarters' city. The two stations were
constructed at the same time. The Choctaw Station was opened in April, 1900 and the
Choctaw Passenger Station was opened in August. The Passenger Station has long been
acknowledged as a historical and architectural masterpiece, while the Choctaw freight
station until now, has been one of Little Rock's best -kept secrets. Existence of both of
these unique structures in one setting provides an unparalleled opportunity to get a
glimpse of the complete transportation system as it existed in 1900; both passenger and
freight service. Freight stations were the center of commerce in cities such as Little
Rock, but they've largely vanished from the scene. The Choctaw Freight Station is the
last of five brick freight stations in the Little Rock, North Little Rock area, and is the last
surviving example of large multi -story freight terminals in the entire state. He stated
there is a wealth of history that accompanies the stations. Dr. Pollard stated there was a
website with the detailed history, and encouraged folks to visit the site. He said the
Presidential Library is going to a facility second to none, and it will be a tremendous
asset to Little Rock. He said at here is no need to sacrifice the past to build to the future,
these two sister stations, the former railroad terminal complex is very significant in terms
of Arkansas history. Including the freight station with the passenger station would
enhance the library project. The loss of the freight station would leave a permanent
blemish on the presidential library. He said this need not occur, if the City of Little Rock
and the presidential library designers would work together in good faith to preserve both
structures. Mr. Ferguson passed out some pictures to the board that appears on the web
site. He stated the history is significant, that they have information that there were
African American Crafts Guilds who were involved in the building of this facility, many
of whom were born into bondage in slavery, and their craftsmanship is evident in these
buildings details. The freight station was the one place in Little Rock that was integrated
in 1900, because Black and White side by side brought their freight into the station to put
it on freight cars. Director Stewart made the motion to allow Mr. Ferguson more time
and put him on the agenda of a more in depth presentation at the next board meeting.
Director Adcock seconded the motion. Director Lichty asked before the vote, if a
response could be provided by the City Manager as to what the timetable is for the
foundation and whether or not directions could be changed as they are going in right now.
Mr. Carney's response was that the City has secured contracts, bid proposals for
demolition of the entire structure including this piece. He said notice has not been given
to proceed for that demolition work and it was his intention to not give notice to proceed
for at least a thirty -day period. There is no action that would be taken at least in the
month of October for any kind of demolition. The building is secured, and is in City
ownership but waiting on the final court decision on the fate of the building. Mr.
Carpenter stated the City would be beginning the negotiations with the foundation for the
lease of the park this week. There was some discussion about moving the building.
Mayor Dailey called for the vote for placing this on the agenda at the next meeting. A
roll call vote was taken and recorded as follows: Directors: Pugh, yes, Hinton, yes,
Lichty, no, Cazort, no, Keck, no, Stewart, yes, Wyrick, yes, Kumpuris, no, Graves, yes,
Adcock, yes, Mayor Dailey, no. The vote was 6 yes, 5 no. The vote was in favor of Mr.
Ferguson making a presentation at the next Board of Directors Meeting. Ms. Pat Gee,
8409 Dowan Drive, stated she came to thank the board for the support and for the
sidewalk at Scott Hamilton, and gave special thanks to Director Adcock for steering them
in the right direction to secure grant money. Ms. Gee stated that at a neighborhood
meeting Mr. Carney had mentioned some special project money in the budget, and asked
about using part of it for widening Scott Hamilton. Mayor Dailey asked Mr. Carney if he
would get back to Ms. Gee on that. Mr. Carney indicated he would.
Director Hinton asked Mr. Carney where the investigation concerning the Rave incident
was at this point. Mr. Carney stated there was no final report yet, that the investigation is
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in two parts, the incident involving the fatality, and that the police report on the
investigation is not final. Looking at the bigger picture, he had visited with County
officials related to the upcoming event, and would have some written information on City
and County jurisdiction, at a later date.
Grouped Items: 7 -11
7. ORDINANCE NO. 18,570 - Z-7077 - Approving a Planned Zoning Development
and establishing a Planned Commercial District titled Morris Short Form PCD located
at 8100 Asher Avenue in the City of Little Rock, Arkansas, amending the Official
Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 8
yes, 0 no, 3 absent.) Staff recommends approval.
- 8. ORDINANCE NO. 18,571 - Z- 6147 -E — Requesting a waiver of the landscaping
requirement to comply at this time with Landscape Requirements for a Wireless
Communication Facility (Motient Communications, Inc.) located at 704 Kirk Road; to
set certain conditions for this site; declaring an emergency and for other purposes. Staff
recommends approval.
9. ORDINANCE NO. 18,572 - Z-7081 — To reclassify property located on the south
side of Shackleford West Blvd., east of Centerview from 0-3 (General Office District)
to C -2 (Shopping Center District) 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: 8 yes, 1 no, 2 absent.) Staff recommends approval.
10. ORDINANCE NO. 18,573 - To amend Chapter 25 of the Little Rock, Arkansas
Revised Code to comply with amendments to State Law regarding the operation of the
Little Rock Port Authority; to declare an emergency; and for other purposes.
11. ORDINANCE 18,574 - Amending Chapter 31 of the Code of Ordinances of the City
of Little Rock, Arkansas, providing Driveway Spacing Variance for Crackerbox
Convenience Store located at the NE comer of Fourche Dam Pike and Lindsey Road.
Staff recommends approval.
M -1. ORDINANCE NO. 18,575 Dispensing with competitive bidding and
authorizing the City Manager to enter into a sole source contract with a the Little Rock
School District in the amount of $19,974 for the Little Rock Comprehensive Partnerships
for Mathematics and Sciences Achievement Summer Mathematics Advanced Readiness
Training ( "SMART ") Program; and for other purposes.
The grouped items (Items 7 -11, and Item M -1, Modification I) were read the first time.
Rules were suspended to provide for the second and third readings by a unanimous voice
vote of the board members present. By unanimous voice vote of the board members
present, the ordinances and emergency clause were adopted.
12. PUBLIC HEARING & RESOLUTION NO. 11,136 - Z- 6149 -C - Rescinding the
Little Rock Planning Commission's Action in denying a Conditional Use Permit to allow
a church parking lot on the R -2 zoned properties at 1701,1711,1801 and 1811 Napa
Valley Drive. (Planning Commission: 4 yes, 4 no, 3 absent.) Staff recommends
approval of Resolution; approval of Conditional Use Permit. (Deferred from September
4, 2001.)
13.PUBLIC HEARING & RESOLUTION- Z- 6149 -D Rescinding the Little Rock
Planning Commission's action in approving a zoning site plan for an office building to be
constructed on the R -2 zoned property on the east side of Napa Valley Drive,
approximately 600 feet south of Hinson Road. (Planning Commission: 7 yes, 1 no, 3
absent.) Staff recommends denial of the Resolution, approval of the Zoning Site Plan.
(Deferred from September 4, 2001. Mayor Dailey opened the public hearing on Item
12 and 13. ) Mr. Carney, City Manager, stated for the past year and a half or better, the
city staff including representatives from the Planning Commission and Planning staff
have worked with the Fellowship Bible Church related to their need for both an office
and parking. There have been a number of plans in previous times and previous years,
before the board and in case the church has gone back to the drawing board due to
concerns by staff and by neighborhood and tonight is a recommendation (2 separate
items) related to the office building and the parking lot, and staff's recommendation is
that it is appropriate, it fits related to neighborhood and the applicant has made successful
and repeated contact with those who might be concerned or impacted by these proposals.
The staff recommendation is favorable for the proposals. Mr. Tony Boyzenski, Planning
Staff gave a brief overview of the projects. There was a lengthy discussion of
approximately three hours. Some Directors asked questions on buffering, and impact of
buffering, also about adequate drainage the type of drainage, and type of lighting, and the
overall aesthetics of the parking lot, and landscaping. Staff answered questions
pertaining to these questions, saying the drainage was adequate there were different types
of drainage that could be put in rather than concrete retainers, they stated the church had
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met the buffer requirements, and even went beyond what was required in their proposal,
that they had proposed low level lighting, and additional shrubs, ect would be part of
their landscaping plan. There were questions about the large number of parking spaces in
the proposed parking lot. Staff answered that they believed this number was to address
the parking problem the church has had for a number of years, to relieve some of that
situation and to accommodate the new office building. There were questions regarding
the impact the additional parking would have on Nappa Valley. Staff answered that there
is a congestion problem on Sunday, as there are several large churches in the area, and
the street is loaded at about the same time, and Nappa Valley, the section adjacent to the
proposed parking lot is scheduled to be a five lane section so it should be able to
accommodate any increase in traffic flow. There were questions about the size of the
proposed office building. Staff answered it was 36,000 square feet and it would be a
three story building. There were questions to staff about what they considered to be the
primary objections at the Planning Commission level. Mr. Boyzenski answered that he
believed the primary concern was whether this type of parking lot was compatible with a
residential neighborhood, and the size and dimension of the office building, and the fact
that from the office building, the windows would look down into the neighborhood back
yards. Mr. Randy Frazier, 14519 Black Bear Drive, the attorney representing
Fellowship Bible Church, stated the site plan review pertains to the office building on the
0-2 zoned property, and the Conditional Use Permit is on the parking lot. He stated the
role of the city in reviewing site plans is limited to the determination that the project
meets the specific requirements of the Little Rock City Code, and except for two minor
variances the church has proposed for the building, they not only meet the Code they are
in excess of the Code requirements. He stated Fellowship Bible Church had three critical
needs, parking, office administrative building space and the children's ministry space.
All three items are critical to the church and the church ministry in this community. The
plans having gone through numerous Planning Commissions, as revised, would meet all
three of those requirements; a denial of either one would impose a substantial burden on
the church's ability to continue the ministry within the city as well as to their own
congregation. Mr. Frazier stated the plan presented tonight incorporates a number of
suggestions, for instance increasing the number of church services, they have included off
site parking within a radius of the church, and they have utilized small shuttle buses, and
they have diminished the size of the originally proposed building, and moving it to the O-
2 zoned property. He stated in addition to all of that, they have taken what the Planning
Commission has suggested and have met numerous times with the neighbors, for the
purposes of discussing the plans, prior to ever filing the application. He stated every
consideration, the lighting, the ten -foot privacy fence at the neighbors request, the phased
lighting, the drainage, the no curb cut on Rainwood Drive, were put in the plan at the
recommendation of the neighbors they had met with. Reverend Bill Wellons, pastor of
Fellowship Baptist Church, asked all those at the meeting in support of the proposed
plans to stand. He stated they have made significant changes due to interaction with the
neighborhoods. He presented aerial views of the area to show what they have proposed is
not out of character for the neighborhood. He emphasized the three major needs
mentioned by Mr. Frazier, saying they were desperate in these areas, especially to meet
the children's needs, to address elderly needs of the congregation, and parking is severely
needed, especially for the two early services. He readdressed the concessions mentioned
by Mr. Frazier. Ms. Beverly Lindberg, 1911 Rainwood Cove, spoke in opposition to
both proposals. Ms. Lindberg stated her home backs up to the proposed parking lot. She
stated she was speaking on behalf of homeowners in eleven neighborhoods who were
opposed to an office building this large, and the size of the parking lot. She stated the
property owners were frustrated, afraid of losing their property values, and tired of the
excessive traffic, the noise the buses, the car alarms, and having to sit on their decks and
look at it, the obtrusive lighting, and the lack of enough buffering. Ms. Lindberg
presented a brief video showing the noise levels, the amount of traffic and the view of the
parking lot from yards. Ms. Lindberg stated that the proposed projects would affect the
quality of their lives, that it had become a nuisance and was invading their privacy. After
seeing the video the board asked Reverend Wellons to assure the neighbors that they
would enhance the project by planting leafy trees, and landscaping. Reverend Wellons
agreed to this. Dr. Richard Wilhelm, 64 Valley Estates Court spoke in opposition to the
projects, saying the church, by moving forward with these projects would change the
residential nature of the neighborhood. He said this would decrease the value of a
number of residences in the vicinity of these two projects, that it was insensitive to insist
that people who purchased residences in the vicinity of a proposed three story building
have these non - residential projects immediately and imposed behind their homes, he
addressed parking issues and poor business practices, among other reasons. Mr. Cedric
Williams, President of Gleneagles Home Owners Association, 1326 Gleneagles Lane,
said this was a neighborhood of primarily retired people and hoped there was some
alternative to prevent these projects from proceeding. Mr. Michael Nauman, 3615
Doral Drive, spoke in opposition to the two projects, he said he firmly believed that
rezoning this land would be a misguided endeavor, and be piecemeal at best. He said the
people at the meeting tonight in favor of the projects were mostly staff people who had
been asked, pleaded and cajoled to come tonight. He said many of the membership are
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not represented. He said the land is residential and does not want parking lots behind his
and his neighbors' homes. There was discussion on what the site plan would actually be,
the landscaping, the drainage issues, etc. Mayor Dailey closed the public hearing. Item
12 was read. Director Adcock stated she would like to table the items 12 and 13 for two
weeks. Director Pugh seconded the motion. Mayor Dailey asked for a roll call vote,
which was recorded as follows: Director Pugh, yes, Hinton, no, Lichty, no, Cazort, no,
Keck, no, Stewart, yes, Wyrick, no, Kumpuris, yes, Graves, yes, Adcock, yes, Mayor
Dailey, no. The vote was 5 yes, 6 no. The items were not tabled. Mr. Carpenter's
suggestion was that the guidelines referred to in Section 2 from the Planning Commission
Minutes, and listening to what the board was saying about the major concerns; the real
concern is if what has been set forth in these minutes is going to be adequate. He stated
with that in mind, if at the end of Section 2, which refers to that; if a phrase was added
that says "provided for a period of one year, these requirements are deemed by staff not
to be sufficiently maintained to fulfill their purpose, then staff may bring this matter back
to the Board of Directors for the imposition of more definite standards to assure that these
conditions are fulfilled. That gives a year for the trees to grow to see what is going to
happen, it established the drainage is sufficient, it shows the parking is not a problem, and
it also tells the church that if these things are not maintained then staff will have the
ability to bring it back to the Board of Directors to set forth more concrete conditions.
Vice Mayor Cazort made the motion that the resolution be amended to add that language
in Section 2. Director Lichty asked if that included the terms they agreed to on the
parking lot itself in terms of buffering size, number of spaces, etc. Mr. Frazier said it did
include those. Director Lichty seconded the motion. Director Kumpuris asked what
would happen in year 2, 3, 4 etc. Mr. Carpenter answered that in his mind, the way this
was written is that they would get a year grace to get everything in place and make sure it
grows, after that one year period if the matter was not maintained staff could bring it back
to the Board so they could set more definite conditions. It doesn't take it away from
them, it allows the city to set out something more objective and concrete to show
compliance with those intended from the July 12th, 2001 Planning Commission minutes.
Director Kumpuris asked if there was any way of putting that this was an ongoing
situation. Mr. Carpenter stated that it could say "anytime after a year." Director Graves
asked about addressing the space that is already there that has been deemed adequate, and
visually the Board says it is not. Mayor Dailey stated he felt this was a valid point, and
that it be incorporated into the amendment. Director Keck stated he wanted to make sure
that the Board has an understanding, if Mr. Frazier wanted to speak on it, that it is their
understanding as they go forward they would evaluate that northern edge of the
subdivision. Director Adcock stated there are lots of people tonight who are
recommending this, and telling the board they are fine with it now, and that puts them in
charge for one year, and she said she was not willing to tell staff in one year they can
decide. She said she wanted it decided tonight or in two weeks how tall it was going to
be and what the corrections of these problems are going to be, that all Mr. Carpenter was
saying is that in one year, staff could decide. She went on to say that tonight staff
indicates they are already okay with it. This does not address how the drainage is going
to be looked at, how tall the fence, what material the fence will be, if it will be concrete
blocks. She said she still thought there needed to be two weeks to get the items clarified
the Board wants answered. Vice Mayor Cazort stated that is the site plan, and it would
come back. Director Keck asked Mr. Frazier, specifically related as the southern part of
the student center, the landscaping that was done. Mr. Frazier stated that in response to
that, the building was a separate issue and need to be treated as such, but said he could
assure the Board in talking with Reverend Wellon that they would look at the issue; they
wanted to be a good neighbor and would address the issues as far as the south border.
Mayor Dailey stated that he felt the board would like there to be a seamless, consistent,
fuller buffering and design element all around that perimeter of the property that backs up
to those houses. Mr. Frazier said they wanted to do that, and stated he would pass that to
Mr. Carpenter how to impose that, and whether it is done legally through this process, he
said they would do that. Mayor Dailey asked for the vote on the amendment. Directors
Pugh, Stewart, Graves and Adcock voted no. Directors Hinton, Lichty, Keck, Wyrick,
Kumpuris, Vice Mayor Cazort, and Mayor Dailey voted yes. Vice Mayor Cazort moved
for the adoption of the resolution. Director Lichty seconded the motion. Director
Kumpuris asked Mr. Carpenter if he felt good about the Boards goals related to drainage,
screening, fencing, lighting, and parking re answered by what was about to be voted on?
Mr. Carpenter answered he felt the Board has the authority to bring it back after this one
year grace period to make sure it gets into effect and to impose more objective standards
if what is in place is not adequate to meet what has been said. Director Kumpuris asked if
any other group could bring up an objection. Mr. Carpenter stated this was written in
terms of staff and the reason is that Public Works is going to be dealing with drainage,
and landscapers are going to be dealing at the landscape issues, and that seemed to be a
more objective approach. Director Kumpuris asked if the neighborhood has a right to
bring it back? Mr. Carpenter stated the neighborhood could always complain to the
Board or staff that something is not being done which would prompt a review by staff.
Director Kumpuris said that in a year, if during citizen's communication, there was a
complaint, if this would be enough to trigger a review? Mr. Carpenter answered that he
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was sure it would. A roll call vote was taken, (Item 12) and recorded as follows:
Director Pugh, no, Hinton, yes, Lichty, yes, Cazort, yes, Keck, yes, Stewart, no, Wyrick,
yes, Kumpuris, yes, Graves, no, Adcock, no, Mayor Dailey, yes. The vote was 7 yes, 4
no. The resolution was adopted. Item 13 was read. A motion was made by Director
Keck, seconded by Director Cazort to vote on Item 13. A roll call vote was taken and
recorded as follows: Directors: Pugh, no, Hinton no, Lichty, no, Cazort, no, Keck, no,
Stewart, yes, Wyrick, no, Kumpuris, no, Graves, no, Adcock, no, Mayor Dailey, no. The
vote recorded as 1 yes, 10 no. The Planning Commission's decision was upheld, the
resolution for appeal failed to pass.
Director Hinton wished to reconsider his vote on the issue of allowing a presentation and
public discussion on the Choctaw Station. He made a motion to reconsider the vote.
Director Keck seconded the motion. Mayor Dailey asked if there were any further
discussion. Mr. Carney stated he was pleased to have the motion back on the table to
reconsider, and stated his concern on this issue was that he was convinced that the City
has done necessary due diligence on this issue related to preservation of the building and
the arrangement, the site plan, the design work for the new Presidential Library
arrangement is set in final form or close to it, and therefore thought the City should
proceed with the final decision; which was made from the Manager's Office, to take care
of the demolition and to not extend the discussion related to this preservation issue. He
stated he would urge the Board to reconsider the vote and take the following action to not
allow this issue to continue on the agenda in the future, and staff would continue then to
move forward with the demolition. Director Adcock asked if there was a possibility of
moving the building, or a portion of the building to a site. Mr. Carney stated he did not
believe there was that possibility. Director Wyrick stated that maybe the fagade could be
saved or moved for historic purposes. Director Kumpuris stated that in his opinion that
the city agreed to a site ready parcel and needed to move ahead because that was what the
City had promised. He did say he would look into Director Wyrick's suggestion. Mayor
Dailey said separate from anything that would impact the foundation and the President's
progress on the Presidential Library and Park, if, while demolition was going on, if there
are parts of the structure that might be saved, and could be done easily, that should be
made an objective. Director Kumpuris said he would look in to it. Director Adcock
asked if Director Kumpuris would also work with Mr. Ferguson who had made the
presentation earlier, that there might be something to his organization that was very
important out of that structure, and for staff to call him first thing in the morning so he
didn't prepare all week for the presentation if the vote was to not have the presentation on
the agenda. A vote was called on the motion to reconsider; no one was opposed. The
original motion was back before the board, which was passed to have the public
discussion. Director Pugh, Stewart, and Adcock vote to have the discussion. Directors
Hinton, Lichty, Cazort, Keck, Wyrick, Kumpuris, Graves and mayor Dailey voted no on
having the item discussed again..
M -2. ORDINANCE NO. 18,576 - To deem improvements to water facilities for the
Governor's Mansion of the State of Arkansas to be a benefit to the public good; to
authorize such improvement of the public works to be done at the expense of Central
Arkansas Water; to declare an emergency; and for other purposes. The ordinance was
read the first time. The rules were suspended to place the ordinance on second and third
readings. By unanimous voice vote of the board members present, the rules were
suspended. Mayor Dailey stated he and Mayor Hayes (City of North Little Rock) had a
meeting last Friday with First Lady Janet Huckabee who lay out the plans for the
expansion of the Governors Mansion. He said this would be a six to seven million - dollar
project; a significant portion being raised by private dollars and the question is whether
this is considered a public purpose to ask the Water Commission, Central Arkansas Water
in essence to cut off the old ancient waterlines that are on the Mansion property and to
give the extension and connection to the new lines that would be placed on the property.
Hopefully this is something the Water Commission would approve but for them to even
consider it, the City has to at least adopt an ordinance for them to consider it. Director
Lichty stated that explanation kind of puts it in a reverse mode, the position he was going
to take was that this thing has not passed through the Commission, they have not even
considered it, and stated what he was hearing is the Board passes this ordinance and then
they have to approve it, and that made a big difference to him, because that was one of
his big issues from a policy standpoint. He said right now "public good" is being debated
by our City Attorney and their attorney, as to definition and application and in no
conversation that he remembered was it intended that public good would include running
a waterline to private residences, although it is the residence of the Governor of the State
of Arkansas. Historically, the state has paid for all those improvements, but didn't want
to hop scotch the apparatus that was set in place. Mr. Tom Carpenter, City Attorney said
this ordinance deals with those facilities from the map they were shown, that are going to
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have to be dealt with because they are in the City's right -of -way, and that is all this
ordinance deals with. It's declaring that to the extent you have to deal with or modify
those facilities in the right -of -way that is a matter for the public good. The Commission
has authority that it reserved to itself, over some objection, to be able to make donations,
and if they wish to do so, they can do so under their consolidation agreement but that is
not affected by this ordinance. By unanimous voice vote of the Board members present,
the ordinance and emergency clause was adopted.
14. REPORT: City Manager's Activity Report. Mr. Carney, City Manager handed out
material related to the Budget Hearings, the schedules, the Board Workshop schedule,
and noted that the dates were being broadcasted, and a report that summarized the year
2000 expenditures and revenues, the approved Budget for 2001, anticipated expenditures
and revenues for 2002, and Capital Improvements Projects the city currently has funded,
in the budget, under design, construction or nearing completion. Mr. Carney told the
Board that this info did not include the projects that were finished; the list will shorten as
projects are completed. Mr. Carney stated he was concerned; the revenue projections are
down considerably over what was forecasted; expenditure levels were higher than
expended and starting tomorrow there will be measures placed in terms of no filling of
vacancies, and reducing other expenditures dramatically. Mr. Carney stated the health
care plan would be scaled down from the current level. He stated in future years beyond
2002, he has already begun to make contract with the school district, the county, and
North Little Rock to talk about a collaborative venture, where all the entities would bid
the insurance package together and the buying power of several public entities and
private entities that have been heard from, to go together, instead of 2000 employees, if
there were 20,000 employees in a group, there would be better deals for each entity.
Director Keck made the motion to adjourn; Vice Mayor Cazort seconded the motion, and
by unanimous voice vote of the Board members present, the meeting adjourned at 10:40
P.M.
ATTEST:
N CY W(t D, C `T CLERK
0
APPROVED:
DAILEY, MAYO