12-04-01175
MINUTES
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
December 4, 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, Stewart, Graves, Lichty, Kumpuris
Keck, Adcock, Wyrick and Vice Mayor Cazort.
The Invocation was given by Director Stewart, which was followed by the Pledge
of Allegiance.
Mayor Dailey asked the board to consider the following modifications:
With a quorum present, Mayor Dailey declared the Board of Directors in session and the
proceedings of the meeting are recorded as follows.
M -1. RESOLUTION NO. 11,171- Of intent regarding the Waste Disposal
Improvement Project.
M -2. ORDINANCE - Authorizing the issuance of a promissory note to provide short
term financing under Amendment No. 78 to the Arkansas Constitution for Capital
Equipment and Vehicles; and prescribing other matters pertaining thereto.
M -3. RESOLUTION NO. 11, 172 - In support of a one month payroll tax holiday; and
for other purposes.
M -4. RESOLUTION NO. 11,173- To authorize the Mayor and City Clerk to execute
documents for the purchase of abandoned Union Pacific Right of Way that will be part
of the William Jefferson Clinton Presidential Park; to take all steps necessary to finalize
this purchase; and for other purposes.
Director Lichty had an ordinance that he also wished to add to the modifications; that
being titled:
M -5. ORDINANCE - An ordinance, amending Chapter 2, Article VI, of the Code of
Ordinances, and requiring the preparation of financial reports of the operations of the
City of Little Rock, Arkansas in the form herein prescribed, the presentation of the said
financial reports to the Board of Directors and consideration by the Board of Directors of
said financial reports with appropriate action thereon taken during a regular board
meeting, requiring the City Clerk to publish the financial reports as and when approved
and accepted by the Board of Directors in a newspaper of general circulation in the City;
requiring the establishment, funding and maintenance of a cash reserves account and an
infra - structure capital account, imposing restrictions on expenditures from said accounts;
prohibiting adoption of a budget for any fiscal year projecting expenditures in excess of
revenues for the current fiscal year; prohibiting the making of any contract, warrant,
allowance or expenditure in excess of revenues for the current fiscal year and prescribing
other matters pertaining thereto.
Mayor Dailey asked the board was in agreement to put M -1 on the consent agenda. Mr.
Carney explained that this item was in anticipation of the sale of bonds for expansion of
the cells at the landfill and by doing this resolution, all expense related to engineering
work, design and other things, could be eligible for the bond proceed reimbursement.
The board agreed to add to the consent. Director Wyrick asked to keep M -2 separate.
M -3 was put on consent; with the understanding that an explanation of what the payroll
tax included. (Mr. Carney, City Manager explained this is the City and employee share
of the required FICA Social Security tax. It is the 6.2% from employees, and 6.2% for
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the employer. The proposal is for the month of January, and would net for the City
approximately $150,000 in savings, and for all non - uniform employees, about $150,000
in savings. Item M -4 was added to the consent agenda, and Items M -2 and M -5 (Director
Lichty's ordinance would be added as separate items. A motion was made by Director
Keck, seconded by Director Kumpuris, and by unanimous voice vote of the board
members present. The modifications were made.
The Consent Agenda (Items 1 -12) and Items M -1, M -3, and M4 ( Modificaitons) was
the next action considered by the Baord.
1. MOTION - To approve minutes from regular meetings: September 18, 2001 and
October 2, 2001.
2. MOTION - To re- instate Mr. Bruce Bennett to the Advertising and Promotions
Commission.
3. RESOLUTION NO. 11,174- To authorize the City Manager to enter into a
contract with Michael and Teresa Braithwaite in the amount of $7,713. for property
located at 2300 Shiller Street as part of the Central High Targeted Neighborhood
Enhancement Plan.
4. RESOLUTION NO. 11,175- To authorize the City Manager to enter into a contract
with Darrin and Nicole Williams in the amount of $28,208. for property located at 2100
Center Street as part of the Tornado Disaster Rebuild Targeted Neighborhood
Enhancement Plan.
5. RESOLUTION NO. 11,176- To authorize the City Manager to enter into a contract
with Maggie Hawkins in the amount of $2,600. for property located at 522 E. 23rd
Street as part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement
Plan.
6. RESOLUTION NO. 11,177 - To authorize the City Manager to enter into a contract
with Charles and Elizabeth Blake in the amount of $8,516.for property located at 2205
S. Gaines Street as part of the Tornado Disaster Rebuild Targeted Neighborhood
Enhancement Plan.
7. RESOLUTION NO. 11,178- To authorize the City Manager to enter into a contract
with Jane Mize in the amount of $7,684. for property located at 2309 S. Gaines Street
as part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement Plan.
8. RESOLUTION NO. 11,179- To authorize the City Manager to enter into a contract
with Mr. T. B. Izby in the amount of $27,376. for property located at 2200 S. Gaines
Street as part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement
Plan.
9. RESOLUTION NO. 11,180- To authorize the City Manager to enter into a contract
with Ms. Paula Kelly in the amount of $4,600. for property located at 3216 S. Battery
Street as part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement
Plan.
10. RESOLUTION NO. 11,181- To authorize the City Manager to enter into a contract
with Ms. Beverly Parker in the amount of $7,700. for property located at 3120 Dr.
Martin Luther King Jr. Drive as part of the Tornado Disaster Rebuild Targeted
Neighborhood Enhancement Plan
11. RESOLUTION NO. 11,182- To authorize the City Manager to enter into a contract
with Ms. Yolanda Wolfolk in the amount of $9,950. for property located at 3302 Bishop
Street as part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement
Plan
12. RESOLUTION NO. 11,183- To endorse participation in the Ozone Flex Program
of the Environmental Protection Agency.
M -1. RESOLUTION NO. 11,171- Of intent regarding the Waste Disposal
Improvement Project.
M -3. RESOLUTION NO. 11,172- In support of a one -month payroll tax holiday; and
for other purposes.
M -4. RESOLUTION NO. 11,173- To authorize the Mayor and City Clerk to execute
documents for the purchase of abandoned Union Pacific Right of Way that will be part
of the William Jefferson Clinton Presidential Park; to take all steps necessary to finalize
this purchase; and for other purposes.
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City Manager, Cy Carney asked that on Items 15 and 17 that this meeting be recessed and
hear those two items on December 11, 2001 in a Reconvened Meeting. Mr. Carney
explained that the ordinance was not ready to be heard at tonight's meeting. Director
Lichty moved to take this action; with a second by Director Keck, and by unanimous
voice vote of the Board members present, the action was taken. Director Adcock asked
that Item 18 also be postponed until the December 11th meeting. She moved to add this
item to the reconvened meeting. Director Wyrick seconded the motion, and by
unanimous voice vote the motion was approved, and by unanimous voice vote of the
board members present the item was deferred to the December 11th Reconvened Meeting.
The consent agenda, including Items M -1, M -2 and M -4 was read. Director Adcock
made a motion to adopt the consent agenda. Vice Mayor Cazort seconded the motion,
and by unanimous voice vote of the Board members present, the consent agenda was
adopted.
The next action to be considered was Citizen Communication, which consisted of the
following:
Mayor Dailey announced that due to the large number of speaker cards turned in tonight,
there would only be two minutes per speaker allowed in order to stay within the thirty
minute time frame. Ms. Rosemary Harris, 1015 S. Park Street, Mr. Henry Barton, 918
Dennison Street,, Ms. Beverly Carter, 2319 W. 10th Street, Dr. George Blevins, 1704
W. 19th Street, Ms. Ethel Ambrose, 1514 S. Shiller Ms. Julia Lawson, 2418 Arch
Street, Ms. Emily Lawson 2418 Arch Street, Ms. Nettie Lawson, 2318 W. l lth Street,
spoke on the issue of closing Alert Centers in their neighborhoods. The issue of more
safety, less crime, and the way the communities had been brought together as the alert
centers were among the main items discussed by the citizens in the areas where alert
centers had been targeted, due to budget cuts, to be closed. They asked the board to
reconsider the cuts, due to the positive influences the alert centers had brought to the
communities. Ms. Donna Stone, 4623 W. 25th Street, asked that the cultural arts funding
not be cut, that funding for the youth programs is going to be cut in half, and this would
not be nearly enough money to continue many of the programs. She also stated she was
very concerned about the COPP Program. Ms. Kizzie Roberson, 3324 Bishop Street,
spoke on the 1999 Tornado damage to her home, and had filled out an application to have
her home worked on, she said the first application she filled out, said they were offering
$6,000 dollars, and she had to have $3,000 to go with that. She said she could not afford
to pay back a loan as she didn't have enough income to pay a loan back, so she cancelled
that, then she applied again in 2000, and the application said she was eligible for $8,000.
Then she said it was determined her house was in the Tornado Disaster Area, and was
eligible for $25,000. In order to get the home fixed, she would have to pay $11,000. She
said she could not afford this, but did need her house fixed. Mayor Dailey stated the City
Manager's Office is working on the way the process is carried out. Director Stewart
asked Mr. Bruce Moore, Assistant City Manager if he had seen a copy of the letter Ms.
Roberson had passed out? Mr. Moore indicated he had not, Director Stewart provided
him with her copy, and stated the letter didn't make sense to her, and asked Mr. Moore to
explain. She said in one part of the letter it says "move quickly to get your funding, you
have thirty days ". Director Stewart said it has taken three years in responding to her, and
now she has thirty days. Mr. Moore said stuff would look into this, and her would call
Ms. Roberson tomorrow and would update the board on Friday. Ms. Jamillia Reheim,
2015 W. 29th Street, said she lived in the middle of a Tornado Disaster Area, and had
applied for assistance and was told she did not qualify, because her area did not qualify
for funds, and there were no funds allocated. She said she was upset after reading
Saturday's paper and learning there is money available. She said from Roosevelt Road
all the way over to the end of 34th Street has been rezoned to the southwest part of Little
Rock. She said her concern was if there was 1.1 million dollars allocated for the disaster
area in 2000, why was that area not helped. It was the hardest hit area, and only $60,000
had been spent, and she asked where? She said she didn't see anything that had been
done in their area. Mayor Dailey asked Mr. Moore to follow up with clarifying what was
stated in the paper. Mr. Moore said staff is working on the overall plan of action for
2002. He said the misinformation referred to in the paper was perhaps
miscommunication, but the article referred to Ms. Parker, as far as TNEP dollars were
concerned, and staff was in the process of studying that process of reallocation, and in
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fact that reallocation will hopefully be prepared for the September 11, 2001 reconvened
meeting. Ms. Parker's application was one of the Resolutions that were just adopted.
Some exception was taken, that staff was in the process of studying the process.
Director Stewart asked Mr. Moore to follow up with this applicant. Mr. Moore indicated
he planned to do so. Ms. Teressa Lockhart, 3101 Marshall Street, said she received a
letter last week saying that the money for tornado disaster relief, she had been approved
for, which was $25,000, that in thirty days she would not have it, if she could get the
other part of the money. She said no one had ever been to her house to make an estimate,
although she had had five appointments, and they never showed up. She said she had
questions that needed answered about the process. Mayor Dailey asked Mr. Moore to
check on this and get back with her on the questions she has. Mayor Dailey stated he had
been to Ms. Lockhart's house at least once, and had met with her at least three times, and
have followed it thorough on an active personal basis. He said his understanding of just a
few days ago, that forty some odd thousand dollars is being approved for repairs and that
something is to be done in the next week to ten days. Mayor Dailey stated for the record,
he did not want to leave the impression that staff has not been following up with Ms.
Lockhart. Mayor Dailey stated this was an example of a system that is not the most
effective that there is in the world. It is fraught with delays, problems in getting
contractors, and estimates. The City is even looking at bringing in general contracting, in
house, which would probably find some disfavor with some contractors outside, because
small contractors in general don't want to do the smaller jobs as these. He said there has
to be a better way of doing this, and move them along, especially when money is there to
do the projects. Director Stewart asked again for staff to work with these people, as the
letters are not clear. Ms. Dee White, 524 Booker Street, stated that some of the budget
problems could be alleviated if some of the over inflated public relations programs were
slashed out of the budget instead of people's community centers and alert centers and
police on the street. If anyone on the board was willing to give back a percentage of their
salary, so they could do by on less, there would be hundreds of thousands of dollars
added back into the budget. She said the specific reason she was addressing the board
was that there is a "gang war" at Central High School. She said she knew this because
four children, in her neighborhood, including her son, had to be rescued from the campus.
She said her son has had to be sent to a safer place than the Little Rock Public School
District. The principle at Central says there is no such thing as the "East End Posse ", but
the four boys who withdrew from school in the past two weeks were threatened by the
"East End Posse" and three other students as well. She said if the alert centers are closed
the whole City could be turned over to the "East End Posse ". There needs to be
something done, because no one admits that it even exists, except for the police and the
children. Not the City, not the schools. She said she lost her son because of the "East
End Posse ". Mayor Dailey asked Mr. Carney if staff would follow up with the Chief of
Police on this issue. Ms. Mollie Irvin, 507 Deerbrook Road, representing the
Pennbrook/Cloverhill Neighborhood Association, came as a follow -up on the
presentation two weeks before on the urgent need for a traffic light on Barrow Road at
Henderson Middle School, saying that this needed immediate attention. She said just this
afternoon she was on the corner, the students got off the bus, and a car sped right by
them. Ms. Carol Fuller, 8805 Fairhaven, also spoke on the issue of the light for
Mayflower and John Barrow Road, saying people living in the neighborhood have great
difficulty turning in to there because to the high volume of rate of speed of some of the
drivers coming down John Barrow to Markham Street which presents hazardous
situations. Ms. Robin McJoy, 208 Dryad Lane, asked for consideration of putting in a
traffic light to help reduce the danger to the students at the school as well as people living
in the neighborhood, saying that her son had been hit by a car while trying to cross the
street. Ms. Mary Alford 3024 Center Street, spoke on behalf of the South End Homes,
for funding. She said they have homes coming off the foundations, some that are on the
brink of falling in, and holes that are being stripped, and wanted to know if there was
anything that can be done to help them. Mayor Dailey stated they would follow up with
the list that Ms. Alford had presented to him at there meeting yesterday. Mr. Greg
Ferguson, 204 Beechwood, spoke on the Choctaw Freight Depot, and stated he was
disappointed in the way the City had handled the issue. He stated that he believed the
opportunity had been squandered to add character, beauty and history to the Presidential
Park. He stated the method of demolishing the Choctaw Freight Depot had been
absolutely deplorable. Many of the historical items that were to be saved were not.
Grouped Items: Items 13 -16
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15. ORDINANCE - To establish the General Fund Special Projects Fund (Fund 105);
to establish the Urban Forestry Project within the General Fund Special Projects Fund;
to authorize the transfer of $796,926 from the Billboard Project within the Special Project
Fund (Fund 210) to the Urban Forestry Project within the General Fund Special Projects
Fund; to establish the only use of these funds shall be for Urban Forestry Activities; to
declare an emergency; and for other purposes. (Information forthcoming.)Deferred to
Dec. 11, 2001- Reconvened meeting.
16. ORDINANCE NO. 18,603 - Amending Floodplain Ordinance No. 18,556 to clarify
Article I, Section A, Reinstitute Elevation Minimum in Article 5, Section B. and add
Section F., addressing penalty. The ordinance was read the first time. Director Adcock
made a motion to suspend the rules and place on second reading. Director Keck
seconded the motion. By unanimous voice vote of the board members present, the rules
were suspended and the ordinance was read the second time. Vice Mayor Cazort
motioned to place the order on third and final reading; Director Keck seconded the
motion, and by unanimous voice vote of the board members present, the rules were
suspended and the ordinance was read the third and final time. Mr. Bob Turner, Public
Works Director, gave an overview of the item saying this ordinance was an amendment
to a recent model ordinance already passed. He said there was a real time crunch to get
the flood plain ordinance before the board, and used the FEMA model ordinance which is
very comprehensive, and then realized a couple of things were left out that were in the
previous ordinance that he felt were very desirable to the citizens. One was establishing a
one -foot high elevation for a building floor above the flood plain. This protects anyone
who acquires property that was constructed because it would be one foot above the flood
elevation should that 100 year flood occurs. Mr. Turner stated citizens actually received
a reduction in their flood plain insurance as a result of that. The other item being added
is a standard penalty that refers to Section .1 -9 of the City Code, if you fail to follow any
of the items in the flood plain ordinance. By voice vote of the board members present,
the ordinance was unanimously adopted. Director Pugh asked for a map of the flood
plain area.
Director Lichty introduced Item M -5, and asked to discuss the item at this point. Director
Keck asked that since this meeting was going to be recessed, if this could be discussed in
a week at that meeting, so all board members could be present. Director Lichty asked for
the first reading. Director Adcock asked for input from Mr. Carpenter. Mayor Dailey
stated he would like to have full discussion, but had to leave tonight and encouraged
discussion for the next week. Director Lichty stated there would be no harm in having it
on first reading tonight. The ordinance was read the first time. Director Lichty moved to
suspend the rules and place the ordinance on second reading. A voice vote was taken,
and there was not enough votes to suspend the rules and place on second reading.
M -5. ORDINANCE - An ordinance, amending Chapter 2, Article VI, of the Code of
Ordinances, and requiring the preparation of financial reports of the operations of the
City of Little Rock, Arkansas in the form herein prescribed, the presentation of the said
financial reports to the Board of Directors and consideration by the Board of Directors of
said financial reports with appropriate action thereon taken during a regular board
meeting, requiring the City Clerk to publish the financial reports as and when approved
and accepted by the Board of Directors in a newspaper of general circulation in the City;
requiring the establishment, funding and maintenance of a cash reserves account and an
infra - structure capital account, imposing restrictions on expenditures from said accounts;
prohibiting adoption of a budget for any fiscal year projecting expenditures in excess of
revenues for the current fiscal year; prohibiting the making of any contract, warrant,
allowance or expenditure in excess of revenues for the current fiscal year and prescribing
other matters pertaining thereto.
The next consideration was Item M -2.
M -2. ORDINANCE - Authorizing the issuance of a promissory note to provide short
term financing under Amendment No. 78 to the Arkansas Constitution for Capital
Equipment and Vehicles; and prescribing other matters pertaining thereto. Mayor
Dailey turned the meeting over to Vice Mayor Cazort, as he had to leave the meeting.
Vice Mayor Cazort asked the clerk to read the ordinance the first time. The ordinance
was read. Mr. Cy Carney, City Manager made a brief presentation, saying this was the
permissive legislation that allows the city to go to the finance market to secure
competitive proposals and come back with a recommendation to the board to fund a
variety of Capital Equipment purchases. Mr. Carney encouraged the board to waive
readings and adopt the ordinance. He stated this was included in the recommended
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budget. Director Wyrick read a list of items to be purchased under the short term
financing. Director Wyrick said she didn't believe she had ever had an ordinance come
before her where the city was purchasing trucks, motorcycles, with no justification, no
bid specs, dollars, nothing in the ordinance, and wanted to know why two billiard tables
were being purchased when alert centers are being closed. Mr. Carney stated this was a
complete list of things being proposed in the current finance budget, and next year's
budget. Mr. Carney stated that a purchase at this point is not authorized, this is financing
mechanism, and each item would come to the board for consideration with a separate
recommendation and justification on each one. Mr. Carney stated that the boom truck
had already been authorized by the board to be purchased for the Urban Forestry Program
some time ago. Mr. Bob Biles, Finance Director stated the list of items provided in
October when they looked at the reimbursement resolution prior to this particular item on
today's agenda, in October there was reimbursement resolution passed that went back to
August 17, 2001 for purchase of certain capital items and it was anticipated that these
items were the items that would be provided in the current year financing mechanisms.
He stated he did not know exactly where the billiard tables were going, but could provide
that information later. He stated that the expected useful life could not go beyond five
years, but are essentially the items that were contemplated in October. He said one or
two items have been added, a $52,000 item and this was a continuation of the boards
action in October. Mr. Carney stated he was confident that the billiard tables were for
some of the existing recreation centers. Director Adcock stated this reminded her of
charging on a credit card. She said she could not believe some of the large items listed.
She stated when this first came up it was fire trucks, approximately $250,000, and to
finance these that would be great, but when you have items like radios and billard tables
and other small items, asked if this was normal to want to finance when the city is having
money problems such as now. Mr. Biles answered that the anticipation in the physical
2001 budget was to finance these items to free up the cash in the current year and to pay
it out over five years. This is one of the mechanisms that was anticipated as the budget
was prepared to make the physical 2001 year work. Director Adcock asked what would
be the interest on the radios. Mr. Carney stated they didn't have those figures yet, but
would be competitive once the ordinance is authorized. He further stated this was a very
good time to be in the lending market, and expected very favorable interest rates.
Director Keck asked for more information beyond just the general category, and asked if
this item could be held as part of the reconvened meeting. Director Adcock asked for
clarification on the things already purchased, before they even come to the board for
approval. Mr. Carney stated that all these items have been before the board, the major
items and have been approved much of the list, and the items that haven't will be coming
to the board, if they are the larger items, but would provide the information on what is
purchased, not delivered, fire trucks take eighteen months to get here, bucket trucks take
eight months. Items are perched and once they arrive, the bill must be paid. This whole
list is what has been included in the budget package for reducing the expense this year.
Director Adcock asked then how many dollars have already been financed? Mr. Carney
stated none has been financed; this is the first opportunity to do that. Director Adcock
stated if they have already been purchased, but not financed, how does that work? Mr.
Carney explained that the purchase means placing an order. When the item arrives the
bill must be paid. These items have been purchased (ordered) but not arrived; the bill is
not due yet. Mr. Biles stated in October there was about $250,000 were items already
purchased from the August 17th date through the October 16th date. What finance is
asking to do is allow for reimbursement of the cost of those items through a financing
mechanism. The other items from that date forward were on purchase orders, and would
be coming in after that date. The reimbursement resolution sets a definite date for which
the city can reimburse itself from this financing vehicle. That is what was brought to the
board in October. This is the next step that authorizes the actual financing to take place.
There was more discussion including possible limits, setting policy, the results on the
budget if the items are not financed, which items are capital items, which items have
already been purchased, etc. Mr. Carney stated more information could be provided. Mr.
Carney asked for a deferral to December 18th so that more information could be provided
to the board.
17. RESOLUTION - Authorizing the City Manager to enter into a contract to construct
and operate a Nature Center on City parkland in or adjacent to the Fourche Creek
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Watershed. (Bids close Nov.30, 2001) This item was deferred to December 11, 2001
reconvened meeting.
18. RESOLUTION - Authorizing the City Manager to enter into contract
negotiations for 2002 contracts with organizations to provide services to Welfare
to Work Eligible Clients; and for other purposes. This item was deferred to
December 11, 2001 reconvened meeting.
13. ORDINANCE - Reclassifying property located 12,800 County Line Road in the
City of Little Rock, Arkansas, from R -2 Single Family District to MF -6, Multi - family
_ District amending the Official Zoning Map of the City of Little Rock, Arkansas, and for
other purposes. Planning Commission: 7 yes, 2 no, 2 absent. Staff recommends
approval. The ordinance was read the first time. Mr. Jim Lawson gave a brief overview,
and stated staff recommended the reclassification, due to the fact that a change of
ownership had occurred and he had not been notified of the R -2 zoning. A notice had
been sent to the previous owner, who was listed on the records from Pulaski County, and
was not forwarded to the new owner. Mr. Lawson stated the City of Little Rock has
always had the policy that if someone does not want to have their property rezoned, then
it is not done. He said this has probably been done hundreds of time. He stated in this
case, even though the neighborhood is opposed to the M -F 6 zoning, it needs to go back
to this zoning, or there is a portion of the ordinance that allows the City Board of
Directors to down zone or up zone property. That is a formal process that had to be
advertised in the paper, etc. and that has not been done in this case. Staff made the owner
an offer of an 0-2 zoning, and he did not respond so staff assumed he would like to have
the MF -6 zoning. Mr. Eric Krebbs, representing the applicant, stated that Mr. Loftin
(the owner) would like the property to go back to the MF -6 zoning. Ms. Janet Berry,
8013 Mabelvale Cutoff, Ms. Michelle Ready, 21 Irish Rose, Mr. Gary Patterson, 23
Irish Rose, Rodger Martin, 6 Leprechaun Lane, and Mr. Joe Longinotti, 2 Leprechaun
Lane, spoke in opposition to the rezoning. Those in opposition sited reasons such as the
applicant having no plan, offered no input and would not meet with the neighborhood,
and there is no trust in what the applicant might build on the site, flooding problems,
inadequate drainage in this area, the neighbors did not want an apartment complex. The
MF -6 zoning did not fit with the residential zoning of the neighbors. They also stated
they did not know the date when Mr. Loftin bought the property, that they had seen
nothing with a date of purchase. After a lengthy discussion, it was decided to defer the
issue to December 18, 2001 so research could be done to determine the exact date the
applicant purchased the property. Director Lichty made a motion to suspend the rules
and place the ordinance on second reading. Director Cazort seconded the motion. The
motion failed to pass, with a vote of 6 no, 5 yes. The item was held to be read the second
time on December 18, 2001. Director Adcock requested this item be the first item after
the Consent Agenda on the meeting to be held December 18.
14. ORDINANCE - To grant SpectraSite Communications a waiver of the
requirement to come into compliance at this time with the Landscape and Screening
provisions of Little Rock Ordinance Number 18,173 (Dec. 20, 1999), for 9
communication towers already existing located at nine locations; to set certain conditions
for this site; to declare an emergency; and for other purposes. The ordinance was read
the first time. Ms. Janet Berry, 8013 Mabelvale Cutoff, spoke in opposition to the
ordinance, citing problems with some of the locations. Mr. Randy Frazier, Attorney for
Spectrasite Communications, stated they have physically looked at each site, and went to
City Planning because they knew there was some landscaping and screening that needed
to be done, but that most of these sites were industrial and have agreed with the City, and
are working with Mr. Dana Carney, to go through and determine what they needed to do
to bring them in compliance with the ordinance. Mr. Frazier stated that the standard that
has been set is not "is the base of the tower visible from the street ". He stated the
standard under the ordinance is "the landscaping and fencing is done to protect scenic
views, to protect neighborhood property values, and protect the health, safety and welfare
of the citizens. He stated what they have done on any of the sites in working with the
original ordinance, which was done two years ago; the main concern is the residential
areas. Are the towers within viewing distance, as the ordinance says, even within 100
feet of residential areas? These sites as done, have agreed with the city staff
recommendations, willing to accept and have agreed to, are done with the purpose of
meeting the ordinance and screening where necessary from residential areas, and or on
the one site doing the landscaping because of residential nearby. He said they feel they
have done what the ordinance has required, and are not trying to short- circuit the system.
Director Lichty made the statement that this is a good example of why these ordinances
should go to the Planning Commission. Director Adcock said she would like this sent
back to the Planning Commission or deferred a week. Mr. Tom Carpenter, City Attorney
stated these ordinances do not go to the Planning Commission, and if the board did that
now it could cause action to be brought against the board and they could not win. Mayor
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Dailey, stated that, putting this one aside, that in the future the board might decide that
these need to go before the Planning Commission, by amending the ordinance, rather
than the process currently in place. Mayor Dailey stated that he would like to see Mr.
Carpenter bring an amendment forward to the ordinance for this to happen. Director
Cazort made the motion to suspend the rules and place the ordinance on second reading;
Director Lichty seconded the motion. A roll call vote was taken and recorded as follows:
Director Pugh, yes, Hinton, no, Lichty yes, Cazort, yes, Keck, yes, Stewart no, Wyrick
no, Kumpuris yes, Graves yes, Adcock no, Mayor Dailey, yes. The vote was 7 no, 4 yes.
The motion failed. This was placed on second reading for December 18, 2001.
Director Lichty asked the board if they had additional questions, or parts of the ordinance
he presented they didn't understand, to please contact the City Attorney, himself or Mr.
Carney to get those questions answered and receive any needed clarification before the
meeting on December 18th, as that would be the meeting the budget would be voted on.
19. REPORT - City Manager's Activity Report Mr. Carney announced the offices on
the right and left of the entrance to the board room would be converted board of directors
office. The deletion of the staff person for the board of directors, and that the United
Way Pledge Cards were due in to the City Managers office by the coming Friday.
Director Keck made the motion to recess the meeting; Director Kumpuris seconded the
motion, and by unanimous voice vote of the board members present, the meeting
recessed at 8:40 PM.
ATTEST:
Cit Clerk ancy Wood
APPROVED:
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4)yor Jim Dailey
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