09-16-9714
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
September 16, 1997 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas met in regular session
with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll with the
following Directors present: Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick,
Kumpuris, Kelly, and Adcock - total 9; Absent - Director Wilson - total 1.
With a quorum present, Mayor Dailey declared the Board of Directors in session
and the proceedings of the meeting are recorded as follows.
The Invocation was given by Director Kumpuris followed by the Pledge of
Allegiance.
Director Cazort presented Certificates of Appreciation to Marcus White, Chief
of Training in the Little Rock Fire Department, and members of the Little Rock Fire
Fighter Combat Challenge Team - Captain Charles Pinkerton (coach) and Fire Fighters
Rob George, Richard Hudson, John Payne, Paul Beatty and Steve Kotch. Chief White
stated that a team time of 7.5 minutes is required to qualify for the World Challenge. At
the Regional Challenge in Dallas, the Little Rock Team qualified with seven minutes and
24 seconds, and will be competing in the World Challenge in Las Vegas, Nevada,
November 5 -8, 1997. The Board of Directors viewed the short video of a combat
challenge course.
The next presentation was by Mr. Dorsey Jackson on the World of Spirit Day.
KPMG -Pete Marwick is celebrating its centennial year in 1997 and the headline event of
its 100th anniversary celebration will be the World of Spirit Day on Monday, September
22, 1997 - a full day of giving back to the communities that have helped them prosper.
The offices all across the nation will be closed and the employees will band together to
volunteer their time and talents. The World of Spirit Day in Little Rock will be used to
launch its partners in education with Carver Elementary Magnet School. The thirty
(30) employees will assist Carver Elementary in various maintenance, landscaping and
classroom activities. He invited the Mayor and Board Members to attend the kick -off at
8:30 A.M. He then presented Mayor Dailey with a "World of Spirit" cap and T -shirt.
Mr. Skip Rutherford gave a brief update of the events leading up to the Central
High Crisis 40th Anniversary Celebration on September 25, 1997.
Mayor Dailey announced changes to the Agenda as noted on the Addendum.
(Director Wilson enrolled at 6:35 o'clock P.M.)
Consideration was then given to the Consent Agenda which consisted of the
following:
(1) The Resolution awarding a contract to Morris and McDaniel, Inc. was
removed from the Consent Agenda and read after Item 23 (funds must be allocated
before contract is awarded). (See Ordinance No. 17,576 and Resolution No. 10,082 on
page 6.)
(1 -A) Added to the Consent Agenda was approval of the Minutes of the Board
of Directors regular meeting held December 3, 1996, and the special meeting held
December 10, 1996.
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made to locate the tower someplace where it doesn't have the visual impact that this
would have. After further discussion, the Board agreed to defer this to the reconvened
meeting on September 23, 1997, to give staff and Alltel opportunity to explore the
proposals presented by Mr. Pfeifer. Mr. Rowell said he did not see this as an alternative.
Alltel did explore that location. Mayor Dailey suggested delaying further action for two
weeks to explore further options or that Alltel come to the Board with some of the
landscape ideas for this location. Mr. Rowell said that the landowner has agreed to allow
Alltel to move the facility within his fenced area behind his building away from Highway
10 which would provide additional screening from Cantrell Road by the height of the
building. In response to a question by Director Joyce, Mr. Rowell stated that Alltel
would like a favorable vote on a 120 foot tower at this site at this meeting. City Attorney
Tom Carpenter asked the Board to consider a brief recess to give him opportunity to talk
with Alltel Attorney Stephen Rowell. He also cautioned the Board about negotiating a
new location. The Board of Directors then recessed at 8:15 o'clock P.M. The Board
reconvened at 8:35 o'clock P.M. with Mayor Dailey presiding and eight Directors
present. (Directors Wilson and Wyrick recused - see note above.) Mr. Rowell then stated
that, having reviewed the situation, Alltel is willing to confer with the owner of The Good
Earth Garden Center to see if there is unanimity and to explore if there is an expedited
process. Director Kumpuris then moved to defer further consideration of the Alltel
tower until the reconvened meeting on September 23, 1997, at 4:00 o'clock P.M. The
motion was seconded by Director Hodges and unanimously adopted by the Board
Members present.
(Directors Wilson and Wyrick re- enrolled at 8:45 o'clock P.M.)
At the time allotted for Citizen Communications, the first speaker was Mr.
Porter Brownlee, 5702 Edgewood, a partner in the River Rock Brewery and
Restaurant which will open on Thursday in the Museum Center just east of the River
Market. Mr. Brownlee expressed his appreciation to the Board for its efforts in the
restoration of the River Market area.
The next speaker during Citizen Communications was Mr. Daniel Coker, co-
chair of the Racial and Cultural Diversity Commission, who thanked Mayor Dailey
and Director Kelly for attending the special meeting of the R &CD Commission on
Monday regarding the proposed changes to the Ordinance that created the Commission.
He stated there will be a regular meeting on Thursday to discuss the proposed changes to
the Commission and the Commission will then submit its proposals to Director Kelly.
(Note: The proposed Ordinance regarding the R &CD Commission was deferred to
October 7, 1997. Seepage 8)
The next speaker under Citizen Communications was Mr. Thomas Brannon,
3700 Bowers Drive, who also spoke about the Racial and Cultural Diversity
Commission, stating he believed the proposed cut in the number of members would be
beneficial. He also submitted his resume to Mayor Dailey, stating he would like to be
appointed to the Racial and Cultural Diversity Commission.
Mr. Dan Washington also spoke during Citizen Communications, stating the
$25.00 admission fee at the South End Boys Club is too much for the average black
family with three to four children and asked if the City could help subsidize some of
these fees to help youngsters. Director Adcock said this is not a City facility but there are
some grants available. Director Kelly also stated that grant money is available for match.
-- Also speaking during Citizen Communications, Mrs. Pamela Marshall, special
projects coordinator for Central Little Rock Community Development Corporation,
thanked the Board for the recent Resolution of support for the West Side School
Redevelopment Project. She stated the primary reason for attending this meeting was to
set the record straight and to re- establish a relationship with the Board. A newspaper
article the previous week titled "Sparing with the City Slows Project" was full of
inaccuracies but did point out a serious problem. She emphasized that the CDC is not in
competition with the City of Little Rock to provide affordable housing. She was
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September 16, 1997
concerned about the attitude of the City that "this is a high crime area so we don't want to
invest any money there, " because that is a serious barrier to the work of the CDC.
Mr. Cliff Riggs, 2004 West 17th Street, also spoke during Citizen
Communications about the Central Little Rock CDC, stating they also wanted to be
part of the process of the Central High Neighborhood. When the ALERT Team was
working in that area (see Minutes of September 2, 1997), he had to ask who they were and
why they were there, because the City did not involve the CDC and the Neighborhood
Association in the process.
The last speaker during Citizen Communications was Mr. Billy Watkin, 2216
Chester Street, a City of Little Rock school crossing guard, who spoke on behalf of the 35
school crossing guards, stating they wanted uniforms. Mayor Dailey asked Assistant
City Manager Cy Carney to check to see if the crossing guards are paid by the City of
Little Rock or the Little Rock School District, and see if the City and the School District
could jointly pay for uniforms.
There being no further business to be presented, the Board of Directors recessed
at 9:35 o'clock P.M. to reconvene at 4:00 o'clock P.M. on Tuesday, September 23, 1997,
to consider two Resolutions regarding the Central High Neighborhood as a Targeted
Neighborhood Enhancement Area and authorizing the Central High Homeownership
Zone application, and to continue the discussion regarding the Alltel communications
tower.
ATTEST:
94 *.&a,
City Clerk Robbie Hancock
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APPROVED: \
0a0yyorKJim0DabiIeyf
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15
(2) Resolution No. 10,075, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
LITTLE ROCK, PULASKI COUNTY, LITTLE ROCK MUNICIPAL WATER
WORKS, AND LITTLE ROCK WASTEWATER UTILITY FOR OPERATION
OF THE PULASKI AREA GEOGRAPHIC INFORMATION SYSTEM (PAGIS).
(Note: Central Arkansas Library System was removed from the Ordinance by City
Attorney Tom Carpenter.)
(3) Resolution No. 10,076, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN ENGINEERING SERVICES CONTRACT WITH GARVER
AND GARVER CONSULTING ENGINEERS FOR THE CONSTRUCTION OF
SIDEWALKS AND HANDICAP RAMPS ON CHICOT ROAD FROM
MABELVALE CUTOFF TO YARBARRY LANE, A JOINT PROJECT WITH
THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT
UTILIZING INTERMODAL SURFACE TRANSPORTATION EFFICIENCY
ACT (ISTEA) MONIES.
(4) Resolution No. 10,077, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
TRANSFER FUNDS FROM THE 1995 GENERAL BOND ISSUE GENERAL
STREET IMPROVEMENTS ACCOUNT TO THE 1998 AND 1999 STREET
RESURFACING PROGRAMS.
(5) Resolution No. 10,078, entitled:
A RESOLUTION SUPPORTING COMPLIANCE WITH THE
MILITARY SELECTIVE SERVICE ACT BY INCLUDING CERTAIN
LANGUAGE ON THE CITY'S EMPLOYMENT APPLICATIONS.
(6) Resolution No. 10,079, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH GENE SUMMERS CONSTRUCTION
COMPANY FOR CONSTRUCTION OF BIRCHWOOD DRAINAGE
IMPROVEMENTS FROM EAST OF AUTUMN ROAD TO EAST OF
BIRCHWOOD CIRCLE AND FROM SHACKLEFORD ROAD TO
MAPLEWOOD DRIVE.
(7) Resolution No. 10,080, with the title being:
A RESOLUTION AUTHORIZING A MEMORANDUM OF
INTENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND KINO
COMPANY, LLC PERTAINING TO THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS; AND PRESCRIBING OTHER MATTERS
RELATING THERETO.
After a brief discussion in which City Attorney Tom Carpenter responded to a
question by Director Cazort that under the RFP that was put out about a year ago, no new
vendors can be added, Item 22 was added to the Consent Agenda, being Resolution
No. 10,081, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW
THE CONTRACT WITH PRUDENTIAL HEALTH CARE FOR EMPLOYEE
HEALTH CARE BENEFITS.
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Upon a motion by Director Hinton, which was seconded by Director Joyce and
unanimously adopted, the Consent Agenda was dispensed with as follows: (1 -A) the
Minutes of December 3, 1996, and December 16, 1996, were approved as written and
distributed to the Board of Directors, and (2, 3, 4, 5, 6, 7, and 22) Resolutions No. 10,075,
10,076, 10,077, 10,078, 10,079, 10,080, and 10,081 were read in full and unanimously
adopted. (Note: Directors Kelly, Keck, and Kumpuris abstained from voting on Item 22
-Resolution No. 10, 081)
Mr. Jim Bailey, Vice President of Marketing for Health Advantage, a health
maintenance organization that is a partnership between Arkansas Blue Cross Blue Shield,
Baptist Medical System, and some 260 staff physicians who have an equity relationship
in Health Advantage, also known as HMO Partners, Inc., spoke briefly about the changes
in the Prudential Network, and the penalties for City employees that choose to use Baptist
Medical System since it will not be part of the Prudential Network as of January 1, 1998.
(See Resolution No. 10,081 above - Item 22.)
Item 8 on the Agenda was a public hearing on the appeal of the Planning
Commission's denial of G.C.C. Planned Office Development (Z- 6324 -A), located on
Hwy. 10 and Sam Peck Road, filed by Joe White, Jr. and White - Daters & Associates.
The public hearing and Ordinance were deferred to October 7, 1997, at the request of
the applicant Joe White, Jr. and also because the notice requirement was not met.
Consideration was then given to Zoning Application Z -6321 to rezone 4.5 acres
at 15603 Cantrell Road from "R -2" Single Family District to "AF" Agriculture and
Forestry and "OS" Open Space Districts. The application was filed by George Collins
and the reclassification was approved by the Planning Commission on August 21, 1997.
Ordinance No. 17,570 was presented, entitled:
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 -6321 - To rezone 4.5 acres at 15603 Cantrell Road from "R -2" Single Family
District to "AF" Agriculture and Forestry and "OS" Open Space Districts.)
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 the Board Members present, being
eleven 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 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 eleven 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 Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort,
Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
Item 10 on the Agenda was a proposed Ordinance to rezone property at 7001
Geyer Springs Road (Z -6340) from "R -2" Single Family District to "C -3" .General
Commercial District, which was deferred to October 7, 1997, as noted on the
Addendum.
Introduced next was Ordinance No. 17,571, described as:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
GEYER SPRINGS EAST DISTRICT FROM SINGLE FAMILY TO MULTI-
FAMILY; AND FOR OTHER PURPOSES; (Re: Z -6364 - American Manor Drive)
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September 16, 1997
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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 the Board Members present, being
eleven 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 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 eleven 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 Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort,
Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
The next presentation was Zoning Application Z -6364 to rezone four lots at
3615 - 3623- 3700 -3706 American Manor Drive from "R -2" Single Family District to "R-
5" Urban Residence District. The application was filed by Pamela Mercer on behalf of
McClellan Community Development Corporation, and the reclassification was approved
by the Planning Commission on August 21, 1997. Ordinance No. 17,572 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 -6364 - To rezone four lots at 3615- 3623 - 3700 -3706 American Manor Drive from
"R -2" Single Family District to "R -5" Urban Residence District.)
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 the Board Members present, being
eleven 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 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 eleven 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 Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort,
Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,573, entitled:
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 AND BOUNDARY STREET
IMPROVEMENTS FOR THE MCCLELLAN CDC APARTMENTS (Z -6364)
LOCATED 3615, 3623, 3700, AND 3706 AMERICAN MANOR DRIVE;
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 the Board Members present, being
eleven 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 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 eleven 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
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September 16, 1997
vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as
follows: Ayes - Directors Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort,
Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 17, 574, described as:
AN ORDINANCE REPEALING ORDINANCE NO. 16,811,
ESTABLISHING WORTHEN BANK BRANCH, CHENAL PARKWAY
AMENDED SHORT -FORM PCD (Z- 4933 -C) AND AMENDING ORDINANCE
NO. 15,990 MECHANICS LUMBER COMPANY LONG -FORM PCD (A- 4933 -B)
AND PROVIDING FOR THE RECLASSIFICATION OF PROPERTY LOCATED
AT 15721 CHENAL PARKWAY IN THE CITY OF LITTLE ROCK, ARKANSAS,
AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY
OF LITTLE ROCK, ARKANSAS; 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 the Board Members present, being
eleven 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 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 eleven 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 Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort,
Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,575, with the title being:
AN ORDINANCE TO AMEND THE MASTER STREET PLAN (15,519)
TEXT OF SECTION 2: ROAD CLASSIFICATIONS; 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 the Board Members present, being
eleven 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 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 eleven 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 Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort,
Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
Item 18 on the Agenda was a proposed Ordinance, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A CONDITIONAL WAIVER OF BOUNDARY STREET IMPROVEMENTS
IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 31 OF THE CODE
OF ORDINANCES FOR LOTS 1, 2, A -1, AND A -2 OF BRISTOW SUBDIVISION.
(S -208 -B - Located at 14600 Cooper Orbit Road.)
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September 16, 1997
The Ordinance was read the first time and left on the calendar for second reading on
October 7,1997. (The Ordinance had been deferred from September 2, 1997.)
Consideration was then given to Ordinance No. 17,576, entitled:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
REALLOCATE FUNDS FROM SPECIAL PROJECTS ACCOUNTS FOR THE
HUMAN RESOURCES DEPARTMENT;
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 the Board Members present, being
eleven 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 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 eleven 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 Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort,
Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
The next presentation was Item 1 on the Agenda, which had been removed from
the Consent Agenda because the funds had to be appropriated before the contract was
awarded (see Ordinance No. 17,576 above). Resolution No. 10,082 was presented, with
the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A
CONTRACT TO MORRIS AND MCDANIEL, INC. FOR THE POLICE
PERSONNEL PROMOTION PROCEDURES PROJECT. ($82,750)
Following the reading of the Resolution, Director Keck moved for its adoption. The
motion was seconded by Director Cazort, and the Resolution was unanimously adopted.
A public hearing had been scheduled for this time and place by Resolution No.
10,056, adopted September 2, 1997, on the petition to vacate and close portions of
North Valentine Street north of the "I" Street intersection, also portions of "I"
Street east of its intersection with Valentine Street. The petition was filed by George
Wittenberg on behalf of Cal and Brownie Ledbetter. Attached to the petition was a
certified copy of the plat of East Pulaski Heights Addition on file in the Pulaski County
Circuit Clerk's Office and a letter from Beach Abstract Company listing the last apparent
owners of record to abutting property. The notice of hearing was published in the Daily
Record on September 9, 1997, and September 16, 1997. The Planning Commission
approved the abandonment on August 7, 1997. Mayor Dailey declared the public hearing
open at 6:50 o'clock P.M. No opposition was presented and Mayor Dailey declared the
public hearing closed. The proposed Ordinance was introduced, with the title being:
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF
NORTH VALENTINE STREET NORTH OF THE "I" STREET
INTERSECTION, ALSO PORTIONS OF "I" STREET EAST OF ITS
INTERSECTION WITH VALENTINE STREET, RETAINING EASEMENTS;
AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. Due to an error in the legal description, the
Ordinance was left on the calendar for second reading on October 7, 1997.
A public hearing had been scheduled for this time and place by Resolution No.
10,057, adopted September 2, 1997, on the petition to vacate and close the alley in
Block 6 of Woodruff s Addition to the City of Little Rock, Arkansas. The petition was
filed by Mark Alderfer on behalf of Michael Barrow and Gordon Rather. Attached to the
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September 16, 1997
petition was a certified copy of the plat of Woodruffs Addition on file in the Pulaski
County Circuit Clerk's Office and a letter from Lender's Title Company listing the last
apparent owners of record to abutting property. The notice of hearing was published in
the Daily Record on September 9, 1997, and September 16, 1997. The Planning
Commission approved the abandonment on August 7, 1997. Mayor Dailey declared the
public hearing open. No opposition was presented and Mayor Dailey declared the public
hearing closed. Consideration was then given to Ordinance No. 17,577 entitled:
AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 6
OF WOODRUFF'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
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 the Board Members present, being
eleven 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 eleven 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 Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort,
Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
A public hearing had been scheduled for this time and place by Resolution No.
10,058, adopted September 2, 1997, on the petition to vacate a public utility easement
in Lots 7A and 7B, Eagle Commercial Subdivision No. 3 of the City of Little Rock,
Arkansas. The petition was filed by Robert Brown, Development Consultants, Inc. on
behalf of Coulson Properties Limited Partnership. Attached to the petition was a certified
copy of the plat of Lots 7A and 7B, Eagle Commercial Subdivision on file in the Pulaski
County Circuit Clerk's Office and a letter from Beach Abstract & Guaranty Company
listing the last apparent owners of record to abutting property. The notice of hearing was
published in the Daily Record on September 9, 1997, and September 16, 1997. Mayor
Dailey declared the public hearing open. No opposition was presented and Mayor Dailey
declared the public hearing closed. Consideration was then given to Ordinance No.
17,578 entitled:
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN
LOTS 7A AND 7B, EAGLE COMMERCIAL SUBDIVISION NO. 3, CITY OF
LITTLE ROCK, ARKANSAS;
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 the Board Members present, being
eleven 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 eleven 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 Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort,
Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
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Minutes
September 16, 1997
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Item 24 on the Agenda was a proposed Ordinance, described as:
AN ORDINANCE TO DESIGNATE EMPLOYEE BENEFIT PLAN
CONSULTANT SERVICES AS PROFESSIONAL SERVICE, PURSUANT TO
AUTHORITY GRANTED IN ACT 429 OF 1995.
The proposed Ordinance was read the first time and left on the calendar for second
reading on October 7, 1997.
Item 25 on the Agenda was a proposed Ordinance, entitled: "AN ORDINANCE
CREATING THE LITTLE ROCK HISTORY COMMISSION; AND FOR OTHER
PURPOSES," which was scheduled for third reading, with the first and second readings
having occurred on August 19, 1997, and September 2, 1997, respectively. (The
Ordinance had been deferred on 6 -3 -97, 6- 17 -97, 6- 24 -97, and 7- 29 -97.) During a brief
discussion, Mayor Dailey stated he would meet with the History Commission and the
Historic District Commission to see if there are other options. Director Adcock moved to
defer the proposed Ordinance to a later date. The motion was seconded by Director
Wilson and unanimously adopted. Therefore, no action was taken on the proposed
Ordinance.
Item 26 on the Agenda was a proposed Ordinance, described as:
AN ORDINANCE TO REPEAL CHAPTER 34 OF THE LITTLE ROCK,
ARK. REVISED CODE 1988 AND ADDING A NEW CHAPTER 34 ENTITLED
"TRANSPORTATION CODE "; AND FOR OTHER PURPOSES; (Vehicles for
Hire /Taxicabs)
The Ordinance was read the first time and left on the calendar for second reading on
October 7, 1997.
Item 27 on the Agenda was a proposed Resolution titled: "A RESOLUTION
DIRECTING STAFF TO INITIATE THE PROCESS OF DESIGNATING
CENTRAL HIGH NEIGHBORHOOD AS A TARGETED NEIGHBORHOOD
ENHANCEMENT AREA," which was deferred to October 7, 1997 for further
evaluation by the City Manager, as noted on the Addendum.
Item 28 on the Agenda was a proposed Resolution described as: "A
RESOLUTION AUTHORIZING THE CENTRAL HIGH HOMEOWNERSHIP
ZONE APPLICATION," which was deferred to October 7, 1997 for further
evaluation by the City Manager, as noted on the Addendum.
Item 29 on the Agenda was a proposed Ordinance, titled: "AN ORDINANCE
TO AMEND LITTLE ROCK, ARK. ORDINANCE 16,722 CONCERNING THE
METHOD OF SELECTION OF MEMBERS OT THE RACIAL AND CULTURAL
DIVERSITY COMMISSION; DECLARING AN EMERGENCY; AND FOR
OTHER PURPOSES." The Ordinance was scheduled for first reading only; however,
the first reading of the proposed Ordinance was deferred to October 7, 1997.
The next presentation was Ordinance No. 17,579, with the title being:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED ZONING DISTRICT TITLED NEAL
SHORT -FORM PD -R (Z -6358) LOCATED AT 500 SOUTH VALENTINE
STREET 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. Jim Lawson, Director of Planning and Development, explained that staff
recommended denial because the PD -R was for a multifamily use that was not in
compliance with the District Land Use Plan or the recently adopted Woodruff
Neighborhood Plan. However, the Planning Commission felt that the proposed use was
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Minutes
September 16, 1997
compatible with uses in the area. The Ordinance was then read the first time. The rules
were suspended to provide for the second reading of the Ordinance upon a motion by
Director Adcock, which was seconded by Director Joyce and unanimously adopted by the
Board Members present, being eleven in number and two- thirds or more of the members
of the Board of Directors. Following the second reading of the Ordinance, the rules were
again suspended and the Ordinance placed on third and final reading, upon a motion and
second by Directors Adcock and Kelly, respectively, which was unanimously adopted by
the Board Members present, being eleven in number and two- thirds or more of the
members of the Board of Directors. The Ordinance was then read the third and last time.
A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors
Kumpuris, Kelly, Adcock, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick and Mayor
Dailey - total 10; Noes - None; Voting Present - Director Wilson - total 1; Absent - None.
Therefore, the Ordinance was declared PASSED.
(Directors Wilson and Wyrick recused from consideration of the following
Item 14 due to a conflict of interest. Director Wyrick is an employee of Southwestern
Bell Telephone Company, and Director Wilson's husband is an employee of
Southwestern Bell. Therefore, they were excused at 7:00 o'clock P.M.)
The last item to be considered was Item 14 on the Agenda, which was a proposed
Ordinance entitled:
"AN ORDINANCE APPROVING MODIFICATION OF A PLANNED
ZONING DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF AN
AMENDED LONG -FORM PLANNED OFFICE DEVELOPMENT TITLED
SEVEN ACRES BUSINESS PARK AMENDED SHORT -FORM POD, LOCATED
AT NO. 5 SEVEN ACRES DRIVE IN THE CITY OF LITTLE ROCK;
AMENDING ORDINANCE NO. 17,118, AND CHAPTER 36, SECTION 36 -176 OF
THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS;
AND FOR OTHER PURPOSES." (To provide for placement of Alltel cellular tower
on Lot 4)
(See Minutes of August 5, 1997, August 19, 1997, and September 2, 1997 for
previous discussion.) Director Kumpuris asked City Attorney Tom Carpenter for a legal
explanation of what the Board's options are and what the rights of Alltel are. Mr.
Carpenter stated the question before the Board is whether or not to grant to Alltel, under
the Zoning Ordinance, the ability to place a tower of a certain height in a particular
location. Even under the 1996 telecommunications act, the Board is free to impose
reasonable zoning requirements on the location of these facilities; however, the Board is
not free to prohibit competition within the market place for this particular carrier. Mr.
Jim Lawson, Director of Planning and Development, made a lengthy slide presentation.
He identified three options for the Board of Directors: (1) approve a 150 foot tower at the
proposed site, with the possibility of two future carriers; (2) approve a 120 foot tower,
with the possibility of one future carrier; and (3) approve a 100 foot tower for Alltel's use
(cut 50 ft. off the 150' tower requested), but Alltel may need a future tower to cover the
150 foot coverage area. Mr. Stephen Rowell, Vice President -Law of Alltel, stated time
is of the essence, because Alltel has been working on this since October, 1996. He read a
prepared statement in which he laid out a lot of options. He stated that Alltel proposed a
150 foot tower in order to provide ample coverage and good service for its customers, and
to provide sufficient collocation space for at least two other providers. If the City desires
for Alltel to install a shorter single pole at this location, the absolute minimum height to
allow proper coverage would be 100 feet. However, a pole of 120 feet would allow at
least one other communications company to collocate on that facility at some point in the
future. He then responded to questions by the Board of Directors. Mrs. Ruth Bell,
representing the League of Women Voters of Pulaski County, expressed concern about
the visual impact of the tower. Mr. Gene Pfeifer suggested that the 8 or 10 residential
owners at the rear of the Good Earth Garden Center and the owner of the Good Earth
Garden Center (located at 15601 Cantrell Road) get together to see if there is some place
there in the native grove of 80 foot pine trees where this tower could go and would be
buffered by a complete ring of pine trees. He also suggested that one more attempt be
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