02-18-97653
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
February 18, 1997 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas, met in regular
session with Vice Mayor Michael Keck presiding in the absence of Mayor Jim Dailey.
City Clerk Robbie Hancock called the roll with the following Directors present:
Directors Hinton, Cazort, Joyce, Wyrick, Kumpuris, Kelly and Adcock - total 7; Absent -
Directors Wilson, Hodges and Mayor Dailey - total 3.
With a quorum present, Vice Mayor Keck declared the Board of Directors in
session and the proceedings are recorded as follows.
The Invocation was given by Vice Mayor Keck, followed by the Pledge of
Allegiance.
Director Cazort presented a Certificate of Appreciation to Mr. Eugene Terry
for eight years of service on the Zoning Board of Adjustment.
City Manager Charles Nickerson stated that the City had been invited to submit an
additional application to the Robert Woods Johnson Foundation for a continuation of
funding for the next five years. Only eight cities across the country were invited to
submit additional applications.
Director Joyce, Board liaison to the City Beautiful Commission, and Mr. Jim
LaBorde, Chair of the City Beautiful Commission, presented the "Polish the Rock"
award to Mr. Jennings Osbourne and family for beautification work around the State
Capitol , the River Market, and the Little Rock Zoo, with his display of Christmas lights.
Mr. Osbourne said he would like to increase the display by a hundred fold at the River
Market in the form of a three dimensional paddlewheel river boat. Director Joyce also
read a Resolution by the City Beautiful Commission recognizing the importance of
and commending those responsible for maintaining the spirit and integrity of the
Land Use Plan and scenic corridors and challenging all citizens to create a quality
environment. Those named in the Resolution were Planning Director Jim Lawson, the
Planning Staff, the Planning Commission, and the Little Rock Board of Directors
Consideration was then given to the Consent Agenda which consisted of the
following:
(1) Approval of the Minutes of the Board of Directors regular meeting held
April 16, 1996 and the reconvened meeting held April 30, 1996.
(2) Resolution No. 9,918, with the title being:
A RESOLUTION AUTHORIZING THE EXECUTION AND
DELIVERY OF A GROUND LEASE AGREEMENT BETWEEN THE CITY OF
LITTLE ROCK, ARKANSAS, AS LESSOR AND THE CITY OF LITTLE ROCK,
ARKANSAS RESIDENTIAL HOUSING AND PUBLIC FACILITIES BOARD, AS
LESSEE; PRESCRIBING CERTAIN MATTERS RELATING THERETO; AND
DECLARING AN EMERGENCY. (For the use and benefit of the Central Arkansas
Library System to construct an auditorium adjacent to the main library facility at East
Second and Cumberland Streets)
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There being no further business to be presented, the Board of Directors adjourned
at 9:22 o'clock P.M. to meet again in regular session on Tuesday, March 4, 1997, at 6:00
o'clock P.M.
ATTEST:
(a 94,e. -.,L
City Clerk Robbie Hancock
10
APPROVED:
ayor Jim Dailey
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Minutes
February 18, 1997
(3) Resolution No. 9,919, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH THE LITTLE ROCK BOYS CLUB FOR AN
AMOUNT NOT TO EXCEED $35,000 FOR A TARGETED YOUTH INITIATIVE
PROGRAM IN THE SOUTH END OF THE CITY, AUTHORIZING TWO
ADDITIONAL ONE YEAR TERMS AT THE SOLE OPTION OF THE CITY,
AND SUBJECT TO APPROPRIATION; AND FOR OTHER PURPOSES.
(4) Resolution No. 9,920, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH PULASKI COUNTY FOR AN AMOUNT
NOT TO EXCEED $160,000 FOR OUR CLUB PROGRAM SERVICES,
AUTHORIZING TWO ADDITIONAL ONE YEAR TERMS AT THE SOLE
OPTION OF THE CITY, AND SUBJECT TO APPROPRIATION; AND FOR
OTHER PURPOSES.
(4 -a) Added to the Consent Agenda, upon a motion and second by Directors
Adcock and Hinton and unanimously adopted, was Resolution No. 9,921, entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS, CERTIFYING LOCAL GOVERNMENT
ENDORSEMENT OF RALEIGH SPRING WATER COMPANY,
INCORPORATED TO PARTICIPATE IN THE ARKANSAS ENTERPRISE
ZONE PROGRAM. (Located at 3201 South Elm Street.)
Upon a motion by Director Adcock, which was seconded by Director Hinton, and
unanimously adopted by the Board of Directors, the Consent Agenda was dispensed with
as follows: (1) the Minutes of the Board of Directors regular meeting held April 16,
1996, and the reconvened meeting held April 30, 1996 were approved as written and
distributed to the Board of Directors; and (2, 3, 4 and 4 -a) Resolutions No. 9,918, 9,919,
9,920 and 9,921 were read and unanimously adopted. The Emergency Clause
contained in Section 4 of Resolution No. 9,918 was then read and unanimously
adopted.
(Directors Wilson and Hodges enrolled at 6:20 o'clock P.M.)
(Director Joyce was excused at 6:20 o'clock P.M.)
The next presentation was Zoning Application Z- 4043 -A filed by McDonald's
Corporation to rezone property located at 4115 S. University Avenue from "MF -24"
Multi - family District to "C -3" General Commercial District. The Planning Commission
approved the reclassification on January 23, 1997. No one spoke in opposition to the
rezoning and Ordinance No. 17,397 was presented, with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND
FOR OTHER PURPOSES;
(Z- 4043 -A - To rezone property located at 4115 S. University Avenue from "MF -24"
Multi- family District to "C -3" General Commercial District.)
and the Ordinance was read the first time. There was a motion by Director Adcock,
seconded by Director Cazort, to suspend the rules and place the Ordinance on second
reading. The motion was unanimously adopted by Board Members present, being nine
in number and two- thirds or more of the members of the Board of Directors, and the
second reading of the Ordinance ensued. There was subsequent motion and second by
Directors Adcock and Hinton, respectively, to again suspend the rules to provide for the
third and final reading of the Ordinance. The motion was unanimously adopted by the
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February 18, 1997
655
Board Members present, being nine in number and two- thirds or more of the members of
the Board of Directors, and the Ordinance was read the third and last time. A roll call
vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as
follows: Ayes - Directors Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges,
Cazort and Vice Mayor Keck - total 9; Noes - None; Absent - Director Joyce and Mayor
Dailey - total 2. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Zoning Application Z -6240 filed by Jim
Hathaway, Jr., Agent for First Commercial Bank, Trustee and Cynthia Keaton, to rezone
6.31 acres located on the north side of Cantrell Road east of Sam Peck Road from "R -2"
Single Family District to "0-3" General Office District. The Planning Commission
approved the reclassification on January 23, 1997. No one spoke in opposition to the
rezoning and Ordinance No. 17,398 was introduced, with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY
OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER
PURPOSES;
(Z -6240 - To rezone 6.31 acres located on the north side of Cantrell Road east of
Sam Peck Road from "R -2" Single Family District to 110-3" General Office
District.)
and the Ordinance was read the first time. There was a motion by Director Adcock,
seconded by Director Cazort, to suspend the rules and place the Ordinance on second
reading. The motion was unanimously adopted by Board Members present, being nine
in number and two- thirds or more of the members of the Board of Directors, and the
second reading of the Ordinance ensued. There was subsequent motion and second by
Directors Adcock and Hinton, respectively, to again suspend the rules to provide for the
third and final reading of the Ordinance. The motion was unanimously adopted by the
Board Members present, being nine in number and two- thirds or more of the members of
the Board of Directors, and the Ordinance was read the third and last time. A roll call
vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as
follows: Ayes - Directors Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges,
Cazort and Vice Mayor Keck - total 9; Noes - None; Absent - Director Joyce and Mayor
Dailey - total 2. Whereupon, the Ordinance was declared PASSED.
Consideration was given to Ordinance No. 17,399, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF MASTER STREET PLAN REQUIREMENTS FOR
SIGNATURE SUBDIVISION (S- 629 -D) LOCATED AT THE NORTHEAST
CORNER OF CHESTER STREET AND MARKHAM STREET;
and the Ordinance was read the first time. There was a motion by Director Adcock,
seconded by Director Cazort, to suspend the rules and place the Ordinance on second
reading. The motion was unanimously adopted by Board Members present, being nine
in number and two- thirds or more of the members of the Board of Directors, and the
second reading of the Ordinance ensued. There was subsequent motion and second by
Directors Adcock and Hinton, respectively, to again suspend the rules to provide for the
third and final reading of the Ordinance. The motion was unanimously adopted by the
Board Members present, being nine in number and two- thirds or more of the members of
the Board of Directors, and the Ordinance was read the third and last time. A roll call
vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as
follows: Ayes - Directors Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges,
Cazort and Vice Mayor Keck - total 9; Noes - None; Absent - Director Joyce and Mayor
Dailey - total 2. Whereupon, the Ordinance was declared PASSED.
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February 18, 1997
The next presentation was Ordinance No. 17,400, with the title being:
AN ORDINANCE ESTABLISHING HEATHERBRAE PROPERTY
OWNER'S MUNICIPAL IMPROVEMENT DISTRICT NO.5 OF LITTLE ROCK,
ARKANSAS; NAMING THE COMMISSIONERS OF THE BOARD OF
IMPROVEMENT; AND DECLARING AN EMERGENCY.
(Located on the south side of the 15,000 block of West Highway 10 and
approximately 2.5 miles west of Highway 10 and Rodney Parham Road. Naming
Jack D. Wilson, Ronnie Shrader, and George E. Collins, Jr. as Commissioners.)
and the Ordinance was read the first time. There was a motion by Director Adcock,
seconded by Director Cazort, to suspend the rules and place the Ordinance on second
reading. The motion was unanimously adopted by the Board Members present, being
nine in number and two- thirds or more of the members of the Board of Directors, and the
second reading of the Ordinance ensued. There was a subsequent motion and second by
Directors Adcock and Hinton, respectively, to again suspend the rules and place the
Ordinance on third and final reading. The motion was unanimously adopted by the Board
Members present, being nine in number and two- thirds or more of the members of the
Board of Directors, and the Ordinance was read the third and last time. A roll call vote
was taken on the question, Shall the Ordinance Pass, with the results recorded as follows:
Ayes - Vice Mayor Keck, Directors Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton,
Hodges and Cazort - total 9; Noes - None; Absent - Director Joyce and Mayor Dailey -
total 2.
The Emergency Clause contained in Section 5 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Vice Mayor Keck, Directors
Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges and Cazort - total 9; Noes -
None; Absent - Director Joyce and Mayor Dailey - total 2. Whereupon, the Ordinance,
together with the Emergency Clause, was declared PASSED.
Introduced next was Ordinance No. 17,401, described as:
AN ORDINANCE ASSESSING THE BENEFITS TO BE RECEIVED BY
THE OWNERS OF EACH OF THE SEVERAL BLOCKS, LOTS AND PARCELS
OF LAND WITHIN PECAN LAKE RECREATIONAL IMPROVEMENT
DISTRICT NO. 4 OF LITTLE ROCK, ARKANSAS; AND DECLARING AN
EMERGENCY.
The assessment list was filed in the City Clerk's Office on January 21, 1997, and a notice
of the filing was published in the Daily Record on January 22, 1997. No one registered to
speak in opposition to the assessment of benefits, and the Ordinance was read the first
time. There was a motion by Director Adcock, seconded by Director Cazort, to suspend
the rules and place the Ordinance on second reading. The motion was unanimously
adopted by the Board Members present, being nine in number and two- thirds or more of
the members of the Board of Directors, and the second reading of the Ordinance ensued.
There was a subsequent motion and second by Directors Adcock and Hinton,
respectively, to again suspend the rules and place the Ordinance on third and final
reading. The motion was unanimously adopted by the Board Members present, being
nine in number and two- thirds or more of the members of the Board of Directors, and the
Ordinance was read the third and last time. A roll call vote was taken on the question,
Shall the Ordinance Pass, with the results recorded as follows: Ayes - Vice Mayor Keck,
Directors Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges and Cazort - total
9; Noes - None; Absent - Director Joyce and Mayor Dailey - total 2.
The Emergency Clause contained in Section 5 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Vice Mayor Keck, Directors
Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges and Cazort - total 9; Noes -
None; Absent - Director Joyce and Mayor Dailey - total 2. Whereupon, the Ordinance,
together with the Emergency Clause, was declared PASSED.
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February 18, 1997
657
The next presentation was Ordinance No. 17,402, entitled:
AN ORDINANCE APPROPRIATING $100,000 FROM THE SOLID
WASTE FUND AND AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH DOUGAN ASPHALT PAVING COMPANY FOR REPAIR
OF ASPHALT ON THE COMPOST SITE AT THE SOLID WASTE FACILITY
FOR THE DEPARTMENT OF PUBLIC WORKS;
and the Ordinance was read the first time. There was a motion by Director Adcock,
seconded by Director Cazort, to suspend the rules and place the Ordinance on second
reading. The motion was unanimously adopted by Board Members present, being nine
in number and two- thirds or more of the members of the Board of Directors, and the
second reading of the Ordinance ensued. There was subsequent motion and second by
Directors Adcock and Hinton, respectively, to again suspend the rules to provide for the
third and final reading of the Ordinance. The motion was unanimously adopted by the
Board Members present, being nine in number and two- thirds or more of the members of
the Board of Directors, and the Ordinance was read the third and last time. A roll call
vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as
follows: Ayes - Directors Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges,
Cazort and Vice Mayor Keck - total 9; Noes - None; Absent - Director Joyce and Mayor
Dailey - total 2. Whereupon, the Ordinance was declared PASSED.
(Director Joyce re- enrolled at 6:30 o'clock P.M.)
Consideration was then given to Ordinance No. 17,403, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT
AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED
BOWMAN MINI - STORAGE SHORT -FORM PCD (Z- 6238), LOCATED AT 1400
BOWMAN ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING
CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE
ROCK; AND FOR OTHER PURPOSES.
Mr. Tony Bozynski, Assistant Director of Planning and Development, made the staff
presentation, stating that the request is to reclassify the property from "R -2" Single
Family District to PCD to allow a mini - storage project. The adopted Land Use Plan
currently shows the tract is in the transition zone. The staff recommends approval and the
Planning Commission recommended approval of the PCD. There was no public
involvement or input at the Planning Commission meeting in terms of any opposition
from adjoining property owners of Cherry Creek Subdivision. His understanding was
that the original applicant met with the adjacent property owners that are located in
Cherry Creek and agreed to make any necessary changes that they wanted to the site plan.
In response to a question by Director Adcock, Mr. Bozynski stated that currently it is
within a transition zone. It would not conform to the newly adopted transition definition
because that excluded warehousing. The current definition does allow warehousing. He
also pointed out that this is within the area that the Kanis Road Study Group is looking at
and it is possible that they will make some recommendations to change the LUP at this
intersection. There are some other mini - storage units at that intersection. Mr. Bruce
Eddy, representing United Properties, an adjoining property owner, spoke in opposition
to the PUD. He objected to the Board going forward with further review of this
application because the application was filed on January 9, 1997, by Mr. Mike Berg as
owner of the property. Mr. Berg withdrew the application on February 4, 1997. On
February 7, 1997, Mr. James Wood asked to be substituted as the applicant on the
application that was filed by Mr. Berg in January. According to Little Rock Code an
application can only be filed by the owner of the property or by an authorized agent of
that owner. Since Mr. Berg filed as owner of that property and was not acting as the
agent for anyone during any of this process and since Mr. Berg withdrew the application,
Mr. Eddy contended that the application was dead and no further action can be taken. If
Mr. Wood wants to have a new application submitted and go through the necessary
procedures, he can initiate that. If Mr. Berg was not the owner of the property when he
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February 18, 1997
filed the application, and he said he was not the authorized agent for anyone, then that is a
void application, and no further action can be taken on it. Mr. Bozynski stated that Mr.
Berg signed the application as authorized agent. Mr. Dickson Flake of Barnes, Quinn,
Flake and Anderson, representing the land owner Mr. Jim Wood, stated that Mr. Wood
has been the record title owner for approximately one year. Mr. Berg entered into a
contract with Mr. Wood that allowed him to apply for the zoning, and act as authorized
agent under that contract. When Mr. Berg was unable to continue the project due to
financing, Mr. Wood wanted to continue the application as the owner. He then by letter
to staff authorized the change in his agent. Mr. Wood has been the owner throughout.
The commitments as far as the development plan and to the surrounding neighbors has
not changed, because the owner has not changed. It has been Mr. Wood from the
beginning. Mr. Eddy stated that the application he had seen listed Mr. Berg as owner of
the property, and he had not seen anything that indicated that Mr. Berg was acting as
anyone's authorized agent. The Ordinance was then read the second time, having been
read the first time on February 4, 1997. (See page 10 of Minutes of February 4, 1997)
There was a motion by Director Cazort to suspend the rules and place the Ordinance on
third and final reading. The motion was seconded by Director Adcock and unanimously
adopted by the Board Members present, being ten in number and two- thirds or more of
the members of the Board of Directors. Following the third and last reading of the
Ordinance, a roll call vote was taken on the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes - Directors Joyce, Wyrick, Kumpuris, Kelly, Adcock,
Wilson, Hinton, Hodges, Cazort and Vice Mayor Keck - total 10; Noes - None; Absent -
Mayor Dailey - total 1. Whereupon, the Ordinance was declared PASSED.
State Senator Phil Wyrick made a presentation to Little Rock Fire Chief Rubin
Webb, Captain Jacks, and District Chiefs Snowden and Smith, and read a Senate Citation
commending the Fire Department for outstanding performance in responding to a fire at
C & J Upholstery Company, 3212 Asher Avenue, on January 23, 1997.
Introduced next was Ordinance No. 17,404, with the title being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT
AND ESTABLISHING A PLANNED DISTRICT OFFICE TITLED LA VERGNE
VETERINARY CLINIC SHORT -FORM PD -O (Z -6237) LOCATED AT 14104
TAYLOR LOOP ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS,
AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY
OF LITTLE ROCK; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. There was a motion by Director Adcock,
seconded by Director Joyce, to suspend the rules and place the Ordinance on second
reading. The motion was unanimously adopted by Board Members present, being ten in
number and two - thirds or more of the members of the Board of Directors, and the second
reading of the Ordinance ensued. There was a subsequent motion and second by
Directors Adcock and Cazort, respectively, to again suspend the rules to provide for the
third and final reading of the Ordinance. The motion was unanimously adopted by the
Board Members present, being ten in number and two- thirds or more of the members of
the Board of Directors, and the Ordinance was read the third and last time. Mr. Tony
Bozynski, Assistant Director of Planning and Development, made a staff presentation
and answered questions by the Board. Mr. Robert Brown, Development Consultants,
Inc., representing Dr. La Vergne, gave a brief outline of the PD -O. Dr. Rene LaVergne
spoke in support of the PD -O. Speaking in opposition to the proposal were Mr. Max
Mull, 14122 Taylor Loop Road; Mr. Chester Phillips, 1604 Pine Valley Road; and Mr.
Danny Lancaster, 14302 Taylor Loop Road. Mr. Phillips presented a list containing
signatures of 96 nearby residents that were opposed to the LaVergne Veterinary Clinic
PD -O at 14,104 Taylor Loop Road. Dr. LaVergne said that boarding is an ancillary use
and offered to delete the expansion of the boarding facility. Director Hodges moved to
amend the Ordinance to add to Section 2: "The site plan shall not include spaces
for boarding more than 22 animals." The motion was seconded by Director Cazort,
and unanimously adopted. A roll call vote was then taken on passage of the Ordinance,
as amended, with the vote recorded as follows: Ayes - Directors Joyce, Wyrick,
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February 18, 1997
"55
Kumpuris, Kelly, Adcock, Wilson, Hodges, Cazort and Vice Mayor Keck - total 9; Noes
- Director Hinton - total 1; Absent - Mayor Dailey - total 1. Whereupon, the Ordinance
was declared PASSED.
Item 13 on the Agenda was a proposed Ordinance, entitled:
AN ORDINANCE APPROPRIATING FUNDS FROM THE
INFRASTRUCTURE ACCOUNT FOR SCHOOL FLASHER SIGNALS;
and the Ordinance was read the first time. At the request of Director Adcock, Public
Works Director Chandra Russell reviewed the list and ranking of the public and private
schools where flashers are needed, and financing recommendations. Director Kumpuris
said signals are not an infrastructure definition. Director Kelly suggested amending the
Ordinance to fund the top five schools. Director Adcock said that two years ago Chicot
Elementary School received a $50,000 grant which has not been used, and the City still
has the money, and asked if that money could be used for crossing signals. City Manager
Charles Nickerson said the money could be reappropriated. Director Kelly moved to
amend the Ordinance to cover the first five schools on the list, to construct flashing lights
using infrastructure funds, and Director Adcock seconded the motion. There was a
substitute motion by Director Cazort, seconded by Director Adcock, to amend the
Ordinance to cover the first five schools but funding may not come from infrastructure
funds, and direct the City Manager to find alternative sources for funding. City Attorney
Tom Carpenter stated there is a problem with the substituted motion because this in an
Ordinance to amend the budget and it must specify where the money is coming from.
Whereupon, both motions were withdrawn. Director Joyce requested that the Ordinance
be left on first reading. Director Wyrick requested another traffic study at Queensboro
and Geyer Springs to see if it is feasible to put a traffic light there. Following the lengthy
discussion, the Board agreed to leave the Ordinance on the calendar for second
reading on March 18,1997.
Item 14 on the Agenda was a motion "Approving the Disparity Study Action
Plan." Director Kumpuris moved to approve the Disparity Study Action Plan. The
motion was seconded by Director Cazort, and the motion was unanimously adopted.
The next presentation was Ordinance No. 17,405, described as:
AN ORDINANCE APPROPRIATING FUNDS, WAIVING COMPETITIVE
BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH ARKANSAS REGIONAL MINORITY SUPPLIER
DEVELOPMENT COUNCIL AND THE NATIONAL COUNCIL OF
CONTRACTORS ASSOCIATION FOR SMALL BUSINESS ASSISTANCE
SERVICES;
and the Ordinance was read the first time. There was a motion by Director Adcock,
seconded by Director Hinton, to suspend the rules and place the Ordinance on second
reading. The motion was unanimously adopted by Board Members present, being ten in
number and two - thirds or more of the members of the Board of Directors, and the second
reading of the Ordinance ensued. There was subsequent motion and second by Directors
Adcock and Joyce, respectively, to again suspend the rules to provide for the third and
final reading of the Ordinance. The motion was unanimously adopted by the Board
Members present, being ten in number and two- thirds or more of the members of the
Board of Directors, and the Ordinance was read the third and last time. Director
Kumpuris moved to include in the contract a requirement for quarterly reports to the
Board of Directors. The motion was seconded by Director Cazort and unanimously
adopted. A roll call vote was taken on the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes - Directors Joyce, Wyrick, Kumpuris, Kelly, Adcock,
Wilson, Hinton, Hodges, Cazort, and Vice Mayor Keck - total 10; Noes - None; Absent -
Mayor Dailey - total 1. Whereupon, the Ordinance was declared PASSED.
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February 18, 1997
Consideration was then given to Ordinance No. 17,406 entitled:
AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR
THE EMPLOYMENT AND TRAINING (JOB TRAINING PARTNERSHIP ACT)
FOR THE PERIOD BEGINNING FEBRUARY 15, 1997 AND ENDING JUNE 30,
1997; APPROPRIATING FUNDS FOR EACH AND EVERY CLASS OF
EXPENDITURE THEREIN PROVIDED; AND DECLARING AN EMERGENCY;
and the Ordinance was read the first time. There was a motion by Director Hinton,
seconded by Director Adcock, to suspend the rules and place the Ordinance on second
reading. The motion was adopted by a voice vote of 9 ayes and 1 no (Director Kelly), --
being two- thirds or more of the members of the Board of Directors, and the second
reading of the Ordinance ensued. There was subsequent motion and second by Directors
Hinton and Wilson, respectively, to again suspend the rules to provide for the third and
final reading of the Ordinance. The motion was adopted by a voice vote of 9 ayes and 1
no (Director Kelly), being two- thirds or more of the members of the Board of Directors.
Director Kelly objected to the Ordinance and reminded the Board that over a half million
dollars has already been moved to other accounts, and he did not like that message. He
said we have been using prevention (PIT) money to fund oversights, mistakes, and
mixups, and he was very concerned. City Manager Charles Nickerson said we are trying
to create some new directions for JTPA, moving away from federally based depending
upon money from Washington to locally based and being prepared for any issues that
may come out of Welfare Reform as it relates to the City. Specifically doing more in
development of contracts with local businesses and trying to identify what their needs are
long term. Director Kelly said this is for administrative costs and not for youth programs,
and there are more administrative jobs than needed. A lengthy discussion ensued and
Assistant City Manager William Hunter responded to questions by the Board. There was
a motion and second by Directors Kumpuris and Hodges, respectively, to table this until
staff comes back with some sort of general plan of how we are going to move forward.
Director Hinton was not ready to kick these ten people out. There was a substitute
motion by Directors Hodges and Cazort, respectively, to extend funding for two weeks
and come back with a plan and source of funding. The substitute motion was adopted by
a voice vote of 9 ayes and 1 no (Director Wilson). City Attorney Tom Carpenter said the
Board is in a dilemma because there is no source of current funding for the JTPA Office,
then suggested adding Section 3 to the Ordinance as follows: "The City Manager is
required to prepare a report on April 1, 1997 as to continued funding of this
program. The Board reserves the right to amend this appropriation to provide
funding from another source or to repeal this Ordinance at that time." There was a
motion by Director Hodges, seconded by Director Cazort, to amend the Ordinance to
add Section 3 as stated by Mr. Carpenter. The motion was unanimously adopted, and
the Ordinance, as amended, was read the third and last time. A roll call vote was taken
on passage of the Ordinance, as amended, with the vote recorded as follows: Ayes -
Directors Joyce, Wyrick, Kumpuris, Kelly, Hodges, Cazort and Vice Mayor Keck - total
7; Noes - Directors Adcock, Wilson, and Hinton - total 3; Absent - Mayor Dailey - total
1.
The Emergency Clause contained in Section 2 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Joyce, Wyrick,
Kumpuris, Kelly, Hodges, Cazort and Vice Mayor Keck - total 7; Noes - Directors
Adcock, Wilson, and Hinton - total 3; Absent - Mayor Dailey - total 1. Whereupon, the
Ordinance, as amended, together with the Emergency Clause, was declared
PASSED.
Introduced next was Ordinance No. 17,407, with the title being:
AN ORDINANCE APPROPRIATING $25,000 FROM THE ECONOMIC
DEVELOPMENT FUND TO PROVIDE FUNDING TO THE ARKANSAS STATE
POLICE FOR FITNESS EQUIPMENT;
Ef
Minutes
February 18, 1997
661
and the Ordinance was read the first time. There was a motion by Director Joyce,
seconded by Director Kumpuris, to suspend the rules and place the Ordinance on second
reading. The motion was unanimously adopted by Board Members present, being ten in
number and two- thirds or more of the members of the Board of Directors, and the second
reading of the Ordinance ensued. There was subsequent motion and second by Directors
Adcock and Hodges, respectively, to again suspend the rules to provide for the third and
final reading of the Ordinance. The motion was unanimously adopted by the Board
Members present, being ten in number and two- thirds or more of the members of the
Board of Directors, and the Ordinance was read the third and last time. A roll call vote
was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows:
Ayes - Directors Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges,
Cazort, and Vice Mayor Keck - total 10; Noes - None; Absent - Mayor Dailey - total 1.
Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,408, described as:
AN ORDINANCE TO CREATE TIME FRAMES TO SOLICIT
CAMPAIGN CONTRIBUTIONS FOR MUNICIPAL OFFICES; AND FOR
OTHER PURPOSES;
and the Ordinance was read the first time. Director Hodges moved to amend the
Ordinance by revising Section 3(a) to read: "Contributions to regular election campaigns
for municipal office shall be limited to the period (delete "of time" and add) beginning
June I immediately before the election and ending December 1 immediately after the
election" and to delete Sections 3(a)(i) and (ii). The motion was seconded by Director
Kumpuris and unanimously adopted. Director Adcock then moved to suspend the rules
and place the Ordinance, as amended, on second reading. The motion was seconded by
Director Cazort and unanimously adopted by Board Members present, being ten in
number and two- thirds or more of the members of the Board of Directors, and the second
reading of the Ordinance ensued. There was subsequent motion and second by Directors
Adcock and Hodges, respectively, to again suspend the rules to provide for the third and
final reading of the Ordinance. The motion was unanimously adopted by the Board
Members present, being ten in number and two- thirds or more of the members of the
Board of Directors, and the Ordinance was read the third and last time. A roll call vote
was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows:
Ayes - Directors Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges,
Cazort, and Vice Mayor Keck - total 10; Noes - None; Absent - Mayor Dailey - total 1.
Whereupon, the Ordinance, as amended, was declared PASSED. (Ms. Kathy Wells and
Mr. Tom Carson, members of the Little Rock New Party, commended the Board for
passage of the Ordinance.)
At the time allotted for Citizen Communications, the first speaker was Ms.
Kathy Wells, President of the Downtown Neighborhood Association, who expressed
concern about vacant lots and encouraged the Board to (1) establish a "lien recovery
fee" to encourage the sale of lots on which the city has a lien to recover the costs of
demolitions - once the lot is sold and the city is paid its lien money, a fee is paid to the
buyer, the seller and the agent of record; and (2) establish a "salvage fee" to encourage
the sale of houses condemned by the city - once a condemned building is sold, a fee
would be paid to the buyer, the seller, and the agent of record.
The next speaker under Citizen Communications was Rev. Jim Morgan, owner
of the house at 1112 -1114 Schiller Street, which burned about seven weeks ago and had
been condemned on February 4, 1997. Rev. Morgan asked for time to repair the house.
City Manager Charles Nickerson said staff had been working with Rev. Morgan for two
years before the fire to make improvements but progress had been slow. After some
discussion, the Board agreed to grant a thirty (30) day administrative waiver for Rev.
Morgan to work out a plan for repairing the building.
Director Kelly asked that a Task Force be appointed to explore the appropriate
use of billboard funds.
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