05-13-03MINUTES
Board of Directors Room
City Hall — 500 W. Markham
Little Rock, Arkansas
May 13, 2003
4:00 PM
The Board of Directors of the City of Little Rock, Arkansas met in a reconvened session
with Mayor Dailey presiding. The roll was called by City Clerk, Nancy Wood, with the
following Directors present: Pugh, Hurst, Stewart, Kumpuris, Keck, Adcock, Graves,
Cazort Wyrick, Vice Mayor Hinton, Mayor Dailey.
The items considered were as follows:
Director Adcock made a motion to add the following item to the reconvened meeting.
Director Cazort seconded the motion, and by unanimous voice vote of the Board
members present, the item was added.
MODIFICATIONS:
M -1. ORDINANCE NO. 18,865 - To reclassify property located along the east side of
Mabelvale Pike approximately 600 feet south of Interstate 30 from R -2 (Single Family
Residential) to C -4 (Open Display District) in the City of Little Rock; and for other
purposes. (Planning Commission: 8 yes, 0 no, 3 absent). Staff recommends approval.
The first item for consideration:
1. ORDINANCE NO. 18,864 — To call a Special Election in the City of Little Rock,
Arkansas, on the question of whether to levy a one half of one percent (0.5 %) Municipal
Gross Receipts and Compensating Use Tax within the City of Little Rock, Arkansas,
pursuant to Arkansas Code Annotated 26 -75 -201, ET, SEQ. to be used for Capital
Improvements and maintenance of streets and drainage; to prescribe other matters that
pertain to the levy and the election, to declare an emergency; and for other purposes.
Former Little Rock Board of Director, Larry Lichty, representing Little Rock Now, gave
a summary of the proposed initiative. The Corporation Officers of Little Rock Now, Inc.
were introduced as Ms. Janet Berry, President, Jesse Mason, former Little Rock Board of
Director, Vice President, John Gill, Secretary, Bill Rector, Treasurer. He asked all those
who are on the Board of Directors who were present to stand and be recognized. Mr.
Lichty stated this particular effort of Little Rock Now was borne out of the Vision Little
Rock process which was the two year process the City Board commenced two or three
years ago. The number one fund recommendation of that two -year process was that
infrastructure needs of the City be addressed. Mr. Lichty stated the infrastructure needs
were recognized as far back as Future Little Rock, and really geared up with the
formation of the Mayors Task Force on Infrastructure. He said there was a Building a
Better Little Rock Campaign, which was followed in 1999 by UALR's Report, A Long-
term Economic Development Recovery Plan and Finding Strategies trategies for Little Rock, and
in 2000 Metro -Plan's executive summary addressed the issue of infrastructure. The one
common thing goal was the need to call for new revenue to finance the infrastructure. He
stated the need for revenue was addressed again last year when the County Sales Tax, the
component on Capital Improvements, did not pass. Embedded in that initiative was the
-- City's component on public safety that barely failed. That was the thing that provided
some importance to the fact that there are people in the City who wanted to do something
specifically for the City of Little Rock, and out of that was borne Little Rock Now. He
stated that four months ago many dedicated committed and interested citizens of Little
Rock came together to try to address the challenge of Vision Little Rock infrastructure
and come up with a way that they might answer the call of finding the money to finance
infrastructure projects. As a result the Little Rock Now proposal states simply that a
Special Election be held in Little Rock on July 22, 2003, that a half cent sales tax is
established that would sunset after five years, that would be dedicated exclusively to
fixing streets, drainage, and traffic control. One other component of this initiative is the
Citizens Oversight Committee or Commission, which has been proposed that the City
Board adopt, that would be challenged with the responsibility of making sure any tax
dollars collected under this tax would be spent as intended by the voters of Little Rock.
Mr. Lichty turned in the petitions collected by Little Rock Now to the City Clerk.
Ms. Janet Berry, 8013 Mabelvale Cutoff, spoke in favor of the initiative, stating their
group has focused on the serious concern of Little Rock's failing infrastructure, and lack
of money dedicated to repair the infrastructure. She stated this temporary sales tax
increase would be a way to address these problems. She stated the citizens she had
spoken with, and that had signed petitions, indicated they saw infrastructure failure as a
serious need, and would support the tax and were in support of the oversight commission.
Mr. Mark Abernathy, 3131 Cantrell, spoke in opposition to the tax initiative saying that
he represented a large group of angry restaurant industry people, including himself. He
stated that Arkansas restaurants currently pay some of the highest sales taxes, the highest
mixed drink and soft drink taxes, and one of the only, and highest, hamburger taxes in the
nation. He stated their concerns have been echoed by a tremendous number of people in
the retail industry. He stated there is no question of the needs for better streets, and more
money for fire and police, and bigger jails. It comes down to the question of funding and
priorities. He stated in the last general election the voters overwhelmingly said by their
vote, they did not want higher sales taxes right now. He asked the Board to vote against
the ordinance calling for the election.
There was lengthy discussion covering topics that included clarification as to how the tax
dollars would be spent, the percentages that would be spent in each ward, the length of
time the tax would be collected, the process that would be used to fund the specific
projects should the tax pass, possible options, such as bond issues, other than a sales tax
to finance infrastructure, and the concerns of asking voters to pass a tax at this time.
The ordinance was read the first time. Director Adcock made a motion, seconded by
Director Keck, to suspend the rules and place the ordinance on second reading. By
unanimous voice vote of the Board members present, being two - thirds in number, the
rules were suspended to provide for the second reading of the ordinance. The ordinance
was read the second time. Director Adcock made a motion, seconded by Director Cazort,
to suspend the rules and place the ordinance on third and final reading. By unanimous —
voice vote of the Board members present, being two - thirds in number, the rules were
suspended to provide for the third and final reading. The ordinance was read the third
time. A roll call vote was taken and recorded as follows: Directors: Pugh, Hurst,
Cazort, Keck, Stewart, Kumpuris, Graves, Adcock, Vice mayor Hinton and Mayor
Dailey voted yes. Director Wyrick voted no. Mayor Dailey called for the vote on the
emergency clause which was recorded as follows; Directors: Pugh, Hurst, Cazort, Keck,
Stewart, Kumpuris, Graves, Adcock, Vice Mayor Hinton and Mayor Dailey voted yes.
Director Wyrick voted no. The ordinance and emergency clause were passed.
Mayor Dailey introduced Boy Scout Troop 99 based at Covenant Presbyterian Church.
2. RESOLUTION NO. 11,513 — Expressing the intent of the Board of Directors of the
City of Little Rock to create and establish the Little Rock Neighborhood Audit and
Compliance Committee; and for other purposes. Director Kumpuris made a motion to
adopt the resolution. Director asked Mr. Tom Carpenter if tonight's vote is to vote on the
intent to create the committee, or if they were voting on the ordinance to create the
committee. Mr. Carpenter stated the Board would be voting on the intent tonight, and
next Tuesday, would vote on the ordinance. The resolution was read. Director Cazort
moved to amend the date listed in the resolution in Section 1 from May 201h to May 27th
Director Adcock seconded the motion. By unanimous voice vote of the Board members
present, the resolution was amended. By unanimous voice vote of the Board members
present, the resolution was adopted as amended.
Mr. Lichty thanked the Board for their support in the initiative, and hoped to bring about
a successful outcome in the election.
3. ORDINANCE — To require an election before any land that is dedicated for park
purposes, or shown on the Parks Master Plan is subject to alienation; to declare an
emergency; and for other purposes. Staff recommends denial. Director Pugh introduced
2
the ordinance stating she was worried about long -term 99 -year leases. She said since the
citizens own the parks, felt they should have a say in the lease or sale of parkland. Ms.
Kathy Wells, spoke in support of the ordinance, saying citizens should vote before
parkland is sold. She asked the Board to adopt the ordinance because parks were to
precious to the citizens to dispose of them very easily, and this would make it more
difficult. Mr. Bruce Moore, City Manager, stated staff felt there are two mechanisms in
place that protect park property, one is that state law requires a public bid process before
any park property can be disposed of, and secondly the City Board has the authority to
reject any and all bids that come in via an RFP process. Mr. Moore stated the cost of the
election is a consideration. If there is a special election there would be a cost for that
election the city would bear. Mr. Bryan Day, Director of Parks and Recreation, stated
that when the ordinance was first presented, it did prohibit the leasing of partnerships and
that would have been counter - productive. Mr. Day stated he felt the intent of this is to
force staff to look at how land is managed, and being good stewards. The selling or
disposing of parkland is not always a bad thing. He stated there are some properties in
the City's six thousand acres that probably could be better served in some other use. Mr.
Day stated Arkansas is one of the few states in the county that has constitutional
protection for parkland, and if it were decided to alienate parkland, which has only been
done once, the citizens would let that be known. He said the ordinance would create
some hardships for the Parks Department if the ordinance were moved forward. Director
Hurst announced that the Parks Commission voted unanimously against this ordinance.
The ordinance was read the first time. Director Adcock, seconded by Director Cazort,
made the motion to suspend the rules and place the ordinance on second reading. By
unanimous voice vote of the Board members present, being two - thirds in number,
suspended the rules to provide for the second reading. The ordinance was read the
second time. Director Adcock made a motion, seconded by Director Cazort to suspend
the rules and place the ordinance on third and final reading. By majority vote of the
Board members present, being two - thirds in number, suspended the rules to provide for
the third reading of the ordinance. Director Pugh voted no on suspension of the rules.
The rules were suspended and the ordinance was read the third time. A roll call vote was
_. taken and recorded as follows: Directors: Hurst, Cazort, Keck, Wyrick, Kumpuris,
Graves, Adcock, Mayor Dailey, voted no. Director Pugh and Stewart voted yes. Vice
Mayor Hinton voted present. The ordinance failed.
4. ORDINANCE — Amending various provisions of Chapter 31 and 36; the 2002 -2003
Zoning and Subdivision Ordinance Amendment package. (Planning Commission: 8 yes,
0 no. 3 absent.) Staff recommends approval. 1St reading held on May 6, 2003. Director
Keck made the motion to suspend the rules and place the ordinance on second reading.
Board members present, being two thirds in number, voted to suspend the rules and place
the item on second reading. Director Adcock voted no on suspending the rules. The
rules were suspended to provide for the second reading. The ordinance was read the
second time. Director Adcock stated that the City Attorney was still researching this
item, and asked it to be held for May 20th. The ordinance was held on second reading.
M -1. ORDINANCE NO. 18,865 - To reclassify property located along the east side of
Mabelvale Pike approximately 600 feet south of Interstate 30 from R -2 (Single Family
Residential) to C -4 (Open Display District) in the City of Little Rock; and for other
purposes. (Planning Commission: 8 yes, 0 no, 3 absent). Staff recommends approval.
The ordinance was read the first time. Ms. Joyce Plant stated that she had met with Mr.
Jones, the applicant, and City staff has assured her that there would be no drainage onto
her property from Mr. Jones' land fill. She stated if Mr. Jones agreed to protect her
privacy with some type of fence, she would withdraw her objection. Mr. Jones stated this
was the agreement. The rules were suspended by unanimous voice vote of the Board
members present, being two thirds in number, to provide for the second and third
readings of the ordinance. The ordinance was read the second and third times. By
unanimous voice vote of the Board members present, the ordinance was passed.
Director Cazort made a motion, seconded by Director Keck to adjourn the meeting. By
unanimous voice vote of the Board members present, the meeting was adjourned.
ATTEST:
N ncy Wood
City Clerk
APPROVE:
/06UU,
Ji ailey
Ma or