12-02-9773
Due to the Christmas lighting ceremony at the River Market at 6:00 P.M., the Board of
Directors meeting did not start until 7:00 P.M.
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
December 2, 1997 - 7:00 P.M.
y` 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 Robbie Hancock, with
the following Directors present: Directors Wilson, Hinton, Hodges, Cazort, Joyce,
Wyrick, Kumpuris, Kelly, and Adcock - total 9; Absent - Director Keck - 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 Vice Mayor Keck followed by the Pledge of
Allegiance.
The MEMS presentation was deferred to December 16, 1997, as noted on the
Addendum.
Director Joyce presented a plaque to Mrs. Angie Hoofman for her service as
secretary to the Board of Directors. Mrs. Hoofrnan had resigned to accept a position with
the American Taekwondo Association.
Director Hinton read a proclamation which proclaimed Bruno's Little Italy 3 -on-
3 World Championship Day in the City of Little Rock. The proclamation was presented
to Mr. Scott Wallace and Bruno's Little Italy Restaurant and members of the team.
Director Adcock presented Certificates of Appreciation to members of the
Housing Partnership and Landbank Program Task Force.
At 7:20 o'clock P.M. the Board of Directors interviewed Mrs. Betty Davis, an
applicant for appointment to the Planning Commission. (Note: Other applicants had
been interviewed on November 25, 1997.)
Director Cazort moved to add to the Consent Agenda a Resolution making
appointments to the Advertising and Promotion Commission. The motion was
seconded by Director Adcock and unanimously adopted. (See Resolution No. 10,155
below.)
Director Kumpuris moved to postpone the vote scheduled for December 16, 1997,
on the one cent "hamburger tax ". (See Minutes of November 11, 1997 and November 18,
1997 regarding the site for the Clinton Presidential Library and the proposal to levy a
one cent tax on the gross receipts of hotels, motels, and restaurants to fund the purchase
of the property.) At the suggestion of City Attorney Tom Carpenter, Director Kumpuris
restated the motion as a motion to withdraw the proposed Ordinance to levy a one
cent "hamburger tax" scheduled for third reading on December 16, 1998. Director
Adcock seconded the motion, which was unanimously adopted by the Board of Directors
present.
Consideration was then given to the Consent Agenda which consisted of the
following:
(1) Resolution No. 10,137, entitled:
A RESOLUTION CHANGING THE NAME OF THAT PORTION
OF PEYTON STREET, SOUTH OF ASHER AVENUE TO WEST 32ND STREET,
TO JOSHUA STREET.
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AN ORDINANCE VACATING A PORTION OF THE PUBLIC UTILITY
EASEMENT IN SAM'S TRACT OF SPENCER ADDITION TO THE CITY OF
LITTLE ROCK, ARKANSAS;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being ten in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes - Directors Hinton, Hodges, Cazort, Joyce, Wyrick,
Kumpuris, Kelly, Adcock, Wilson and Mayor Dailey - total 10; Noes - None; Absent -
Director Keck - total 1. Whereupon, the Ordinance was declared PASSED.
Introduced next was Resolution No. 10,157, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO CONTRACTS WITH BROOKS BROTHERS COLLISION CENTER,
TOLLIVER'S BODY SHOP, AND HC FLEET TRUCK SERVICE FOR ANNUAL
PAINT AND BODY REPAIR SERVICES FOR THE FLEET SERVICES
DEPARTMENT.
Following the reading of the Resolution, Director Cazort moved for its adoption. The
motion was seconded by Director Joyce, and the Resolution was unanimously adopted
by the Board Members present.
The next presentation was Resolution No. 10,158, with the title being:
A RESOLUTION EXTENDING THE MORATORIUM ON PERMITS FOR
THE ERECTION OF WIRELESS COMMUNICATIONS FACILITIES IN THE
CITY OF LITTLE ROCK TO JANUARY 15,1998.
Following the reading of the Resolution, Director Cazort moved for its adoption. The
motion was seconded by Director Joyce, and the Resolution was adopted by`a voice vote
of 8 ayes and 0 noes. (Directors Wilson and Wyrick recused; Director Keck was absent.)
Resolution No. 10,159 was then introduced, described as:
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO
INITIATE EMINENT DOMAIN PROCEEDINGS ON PROPERTIES THE CITY
NEEDS TO ACQUIRE FOR THE CENTRAL ARKANSAS TRANSIT
AUTHORITY BUS TRANSFER FACILITY; AND FOR OTHER PURPOSES.
(Property between 4th and 5th, Cumberland and Rock Streets)
Following the reading of the Resolution, Director Cazort moved for its adoption. The
motion was seconded by Director Joyce, and the Resolution was unanimously adopted
by the Board Members present.
Consideration was then given to Ordinance No. 17,632, entitled:
AN ORDINANCE APPROPRIATING FUNDS FOR AUTOMATED
VEHICLE LOCATOR SYSTEM EQUIPMENT FOR THE POLICE
DEPARTMENT; ($307,070)
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being ten in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes - Directors Hinton, Hodges, Cazort, Joyce, Wyrick,
Kumpuris, Kelly, Adcock, Wilson and Mayor Dailey - total 10; Noes - None; Absent -
Director Keck - total 1. Whereupon, the Ordinance was declared PASSED.
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At 10:26 o'clock P.M. Acting City Manager Cy Carney presented his 1998 Budget
recommendations, stating that copies of the budget document will be distributed to all 15
Alert Centers, 18 Fire Stations, all Branch Libraries, and Community Centers the next
day for citizen review.
The Board of Directors recessed at 11:20 o'clock P.M. to Executive Session to
consider appointments to the Little Rock Planning Commission. The Board of Directors
reconvened at 11:35 with Mayor Dailey presiding and nine Directors present. (Director
Keck was absent.)
Resolution No. 10,160 was then introduced, with the title being:
A RESOLUTION MAKING APPOINTMENTS TO THE LITTLE ROCK
PLANNING COMMISSION AND THE CENTRAL ARKANSAS TRANSIT
AUTHORITY.
(Planning Commission - reappointed Rohn Ruse, Judith Faust, Obray Nunnley, Jr.,
Richard Downing, and Mizan Rahman; CATA - Cy Carney appointed to fill the
unexpired term of Charles Nickerson.)
Following the reading of the Resolution, Director Cazort moved for its adoption. The
motion was seconded by Director Adcock, and the Resolution was unanimously adopted.
There being no further business to be presented, the Board of Directors adjourned
at 11:40 o'clock P.M. to meet again in regular session on Tuesday, December 16, 1997, at
6:00 o'clock P.M.
ATTEST:
City Clerk Robbie Hancock
13
APPROVED:
U�
yor Jim Dailey
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(2) Resolution No. 10,138, described as:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE A PORTION OF PUBLIC ALLEY
BETWEEN WEST 8TH AND WEST 9TH STREET IN BLOCK 113 OF THE
ORIGINAL CITY OF LITTLE ROCK, ARKANSAS. (December 16, 1997.)
(3) Resolution No. 10,139, with the title being:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO ABANDON THE EAST ONE -HALF OF TULIP STREET, ROSE
STREET, LILY STREET, PANSY STREET, DAISY STREET AND MAY
STREET AND FIVE ALLEYS PARALLEL THERETO; AND ALL OF POPLAR
AVENUE, HICKORY AVENUE, BEACH AVENUE, HOLLY AVENUE AND
BIRCH AVENUE, ALL IN PULASKI HIGHLANDS SUBURBAN ADDITION TO
LITTLE ROCK. (December 16, 1997.)
(4) Resolution No. 10,140, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT TO STIMSONITE
CORPORATION FOR THE PURCHASE OF A SELF - PROPELLED
THERMOPLASTIC STRIPING MACHINE FOR THE PUBLIC WORKS
DEPARTMENT. (Not to exceed $75,400)
(5) Resolution No. 10,141, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH ALLTEL INFORMATION SERVICES FOR
THE PURCHASE OF A MAINFRAME COMPUTER SYSTEM AND BASE
OPERATING SYSTEMS SOFTWARE FOR THE OFFICE OF MANAGEMENT
SUPPORT.
(6) Resolution No. 10,142, with the title being:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS, CERTIFYING LOCAL GOVERNMENT
ENDORSEMENT OF WESTERN FOODS, INC. TO PARTICIPATE IN THE
ARKANSAS ENTERPRISE ZONE PROGRAM. (Located at 4717 Asher Avenue.)
(7) Resolution No. 10,143, entitled:
AN RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN ENGINEERING SERVICES CONTRACT WITH THE
MEHLBURGER FIRM, INC., CONSULTING ENGINEERS FOR THE
RECONSTRUCTION AND /OR WIDENING OF LEGION HUT ROAD FROM
MABELVALE CUTOFF TO OXFORD VALLEY DRIVE.
(8) Resolution No. 10,144. described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXTEND THE CONTRACT WITH NEW FUTURES FOR YOUTH TO PROVIDE
TECHNICAL ASSISTANCE ON YOUTH RELATED ISSUES AND OTHER
SPECIFIC SERVICES.
(9) Resolution No. 10,145, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH TOWNSHIP BUILDERS IN THE AMOUNT
OF $97,922 FOR CONSTRUCTION OF WATER AND ELECTRICAL
FACILITIES FOR OTTER CREEK PARK PHASE I IMPROVEMENTS.
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(10) Resolution No. 10,146, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH JACK LANGSTON EXCAVATING, INC.
IN THE AMOUNT OF $256,293.85 FOR EARTHWORK AND CONCRETE
CONSTRUCTION FOR OTTER CREEK PARK PHASE I IMPROVEMENTS.
(11) Resolution No. 10,147, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH JACKSON PERSON & ASSOCIATES FOR
THE DESIGN OF AN IRRIGATION SYSTEM ON WAR MEMORIAL GOLF
COURSE.
(12) Resolution No. 10,148, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH THE PICKERING FIRM FOR THE
DESIGN OF AN IRRIGATION SYSTEM ON HINDMAN GOLF COURSE.
(13) Resolution No. 10,149, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH D & H CONSTRUCTION COMPANY FOR
RENOVATION OF THE CITY HALL ELEVATOR
Item 14 was a proposed Resolution authorizing a contract with Clark Machinery
Company for a hydraulic excavator for the Public Works Department, which was
removed from the Consent Agenda and considered after Citizen Communications. (See
discussion on Pages 4 and 5 after Citizen Communications.)
(15) Resolution No. 10,150, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXPEND FUNDS FROM THE HISTORIC BUILDING FACADE GRANT
PROGRAM TO ASSIST IN THE RESTORATION OF STRUCTURES AT 309 -311
EAST MARKHAM STREET AND 317 -319 EAST MARKHAM STREET.
(16) Resolution No. 10,151, with the title being:
A RESOLUTION TO PERMIT CITY EMPLOYEES
PARTICIPATION IN A SECTION 125 CAFETERIA TAX SAVINGS PLAN TO
BE ADMINISTERED BY THE CITY OF LITTLE ROCK, AND APPROVING
THE PLAN DOCUMENT.
(17) Resolution No. 10,152, entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS, CERTIFYING LOCAL GOVERNMENT
ENDORSEMENT OF PRO WINDOW AND DOOR, INC. TO PARTICIPATE IN
THE ARKANSAS ENTERPRISE ZONE PROGRAM. (Located at 4113 Asher
Avenue)
(18) Resolution No. 10,153, described as:
A RESOLUTION TO AMEND RESOLUTION NO. 10,094
(OCTOBER 7, 1997) TO GRANT AN EXTENSION OF TIME UNTIL JANUARY
31, 1998, FOR VOLUNTEERS OF AMERICA TO USE HOME FUNDS TO
RENOVATE THE OAKS NURSING HOME AT 4115 WEST 16TH STREET,
LITTLE ROCK, ARKANSAS.
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(19) Resolution No. 10,154, with the title being:
A RESOLUTION TO AMEND RESOLUTION NO. 10,013 (JUNE 17,
1997) TO AUTHORIZE THE CITY MANAGER TO EXPEND FUNDS FROM
THE HISTORIC LANDMARK PROGRAM IN THE AMOUNT OF $45,000 FOR
THE KRAMER SCHOOL PROJECT.
(19 -A) Added to the Consent Agenda was Resolution No. 10,155, entitled:
A RESOLUTION TO ACCEPT THE NOMINATION OF MARY
BETH RINGGOLD AND LAWRENCE J. STEWART, III, FOR APPOINTMENT
TO THE ADVERTISING & PROMOTION COMMISSION; TO THANK
TEMPERLENE GRISSOM -SMITH AND BILL FRANKE FOR THEIR SERVICE
TO THE COMMISSION; AND FOR OTHER PURPOSES.
Upon a motion and second by Directors Adcock and Cazort, respectively, the Consent
Agenda was adopted by unanimous voice vote of the Board Members present.
At the time allotted for Citizen Communications, the first speaker was Mr.
Thomas Karson, 1405 Kavanaugh, representing the Coalition of Little Rock
Neighborhoods and Little Rock New Party. Mr. Carson asked the Board to set a living
wage standard of $7.72 per hour, which is the poverty level for a family of four with
one wage earner. He was willing to work with the Board of Directors to put together a
living wage proposal which will enhance the dignity of the City as an employer. Director
Wilson asked the Board to put together a task force to consider the living wage proposal.
Mayor Dailey asked Acting City Manager Cy Carney and Director Wilson to work with
him and Mr. Karson on getting the dialogue started.
The next speaker during Citizen Communications was Ms. Gloria Smith, 1712
Tulane Avenue, a member of the Little Rock New Party. Ms. Smith also expressed
concern about wages in Little Rock. She said the City also needs a policy that
contractors that come into the City should hire people that live in the neighborhood.
Mr. Willie Jones, 2311 Spring Street, a member of ACORN, also spoke on the
living wage during Citizen Communications.
Mr. Stephen Raymond, 11810 Pleasant Ridge #102, speaking during Citizen
Communications, asked how do we accomplish sustained growth without restricting the
natural progression of growth. Referring to Ordinance No. 17,616 - the new
"Transportation Code" (vehicles for hire /taxicabs), Mr. Raymond said that airport
limousine service has been well defined in Chapter 34 of the Code of Ordinances for the
last ten years. What has changed during that time that has caused this definition to be
eliminated in the new Chapter 34 of the Code? An airport limousine service cannot even
begin to operate under the new Code. He concluded by urging the Board to restore the
old definition of airport limousine service. (See Minutes of 9- 16 -98, 10- 21 -97, and 11-
18-97.)
The last speaker during Citizen Communications was Ms. Gladys Sanders,
4604 West 23rd Street, a member of ACORN, who also spoke about the living wage.
She said $5.00 an hour is embarrassing for the City of Little Rock. A living wage of
$7.72 is just above poverty level.
Consideration was then given to Item 14 which was had been removed from the
Consent Agenda, being a proposed Resolution entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH CLARK MACHINERY COMPANY IN THE
AMOUNT OF $171,557 FOR THE PURCHASE OF A HYDRAULIC
EXCAVATOR FOR THE PUBLIC WORKS DEPARTMENT.
Following the reading of the Resolution, Mr. Carl House, Jr. of Rushing & Mason
Equipment Company, spoke in opposition to the way Fleet Services awarded the bid. He
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said the bid was very complicated, but Rushing and Mason did submit the low bid on two
machines - the Hyundai and the Kobelco. He just found out that his bids were
disqualified and the bid was being awarded to Clark Machinery Company. Mayor Dailey
asked Mr. House if he had discussed this matter with City Manager Cy Carney. City
Attorney Tom Carpenter stated the bids were reviewed by Finance and Purchasing.
However, Mayor Dailey requested that Mr. House meet with Mr. Carney to discuss the
bid. Director Adcock then moved to defer the Resolution for two weeks. Director
Joyce seconded the motion, which was unanimously adopted. Therefore, the proposed
Resolution was deferred to December 16, 1997.
Item 20 -A on the Agenda was a proposed Ordinance described as:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN
THE EAST LITTLE ROCK DISTRICT FROM PARK/OPEN SPACE AND
INDUSTRIAL TO OFFICE.
Attorney Stuart Mackey, on behalf of Demp and Paula Dempsey, had filed an appeal of
the Planning Commission's denial of the application to amend the City Land Use Plan in
the East Little Rock District (Second Street, Bender to Reichardt). The public hearing
was held on November 18, 1997, and the Ordinance was read the first time and left on the
calendar for second reading on December 2, 1997. (There was a companion Resolution
of intent to purchase the property at Second and Bond Streets for park/open space, which
had been deferred on November 18, 1997.) At this time City Manager Cy Carney stated
he was convinced that it is very important that we maintain this and other riverfront
property, particularly with the proposed redevelopment of the area in connection with the
Clinton Presidential Park. He recommended the Board authorize the purchase of the
property. Attorney Stuart Mackey said the main issue is that we have someone that is
interested in redeveloping downtown. We have worked with City staff. We have made
some real strides forward in providing a preservation of the riverfront that would include
some type of bike /pedestrian pathway. He concluded by asking the Board to amend the
Land Use Plan to Office. Director Kumpuris said the issue is what do we want in this
area. We want houses, not empty warehouses. We want to see people living downtown.
A warehouse will not facilitate other people wanting to come down there. We need to
start planning for what is going to happen down there. Mr. Mackey said all he was
asking for now is a Land Use change, not rezoning, and there was staff support until the
Parks Department decided that this was something they had on their program. Director
Kumpuris said a situation has developed that did not exist when the request was first
made. Director Adcock moved to withdraw the Ordinance. The motion was seconded
by Director Cazort and unanimously adopted. Therefore, the proposed Ordinance was
withdrawn. (See companion Resolution No. 10,156 below)
Consideration was then given to Resolution No. 10,156, entitled:
A RESOLUTION OF INTENT TO PURCHASE THE PROPERTY AT 2ND
AND BOND STREETS FOR PARK/OPEN SPACE.
Following the reading of the Resolution, Director Kumpuris moved for its adoption. The
motion was seconded by Director Adcock, and the Resolution was unanimously adopted.
There was a subsequent motion by Director Kumpuris to ask the City Manager to come
back to the Board in two weeks with a definition of an expanded area for the
moratorium on development in this area (the River Market District and the area of
the Clinton Presidential Library). (See Resolutions No. 10,124 and 10,125 adopted
November 7, 1997.) The motion was seconded by Director Adcock and the Resolution
was unanimously adopted.
Introduced next was Ordinance No. 17,617, described as:
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;
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(Z -6018 - To rezone 1.21 acres in the 8700 Block of Cunningham Lake Road from
"R -2" Single Family District to "C -3" General Commercial and "OS" Open Space
Districts.)
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present being ten in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, and
Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Therefore, the
Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,618, 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 -6407 - To rezone 11624 West Markham Street from "R -2" Single Family and
"C -3" General Commercial Districts to "C -3" General Commercial District.)
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present being ten in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, and
Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Therefore, the
Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,619, entitled:
AN ORDINANCE TO AMEND THE MASTER STREET PLAN (15,519)
DESIGNATING CHENAL PARKWAY AS A MINOR ARTERIAL; AND FOR
OTHER PURPOSES;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present being ten in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, and
Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Therefore, the
Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,620, described as:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED DEVELOPMENT RESIDENTIAL
DISTRICT TITLED BERRY SHORT -FORM PD -R AT 209 -211 N. SUMMIT
STREET (Z- 4050 -B) 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. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present being ten in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, and
Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Therefore, the
Ordinance was declared PASSED.
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The next presentation was Ordinance No. 17,621, with the title being:
AN ORDINANCE AMENDING ORDINANCE 16,849 ADOPTED
FEBRUARY 21, 1995, PROVIDING FOR MODIFICATION OF THE SITE PLAN
FOR PHILCORD SHORT -FORM PD -I AT 9125 SIBLEY HOLE ROAD (Z-4461-
B), 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. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present being ten in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, and
Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Therefore, the
Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,622, entitled:
AN ORDINANCE REPEALING ORDINANCE NO. 16,586 AND
PROVIDING FOR RE- ESTABLISHING MAX MART PLANNED OFFICE
DISTRICT (Z- 5770 -A) AT 14,924 CANTRELL 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. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present being ten in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, and
Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Therefore, the
Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,623, described as:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED ARKANSAS
SYSTEMS LONG -FORM POD AT THE NE CORNER OF CHENAL PARKWAY
AT TECHNOLOGY DRIVE (Z- 6051 -B) 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. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present being ten in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Wilson
- total 9; Noes - None; Absent - Director Keck - total 1; Recused - Mayor Dailey - total 1.
Therefore, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,624, with the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF BOUNDARY STREET IMPROVEMENTS TO KIRK
ROAD FOR ARKANSAS SYSTEMS LOCATED AT THE SOUTHWEST
CORNER OF KIRK ROAD AND SYSTEMS DRIVE;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present being ten in number and two- thirds or more of the members of the Board of
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Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Wilson
- total 9; Noes - None; Absent - Director Keck - total 1; Recused - Mayor Dailey - total 1.
Therefore, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,625, entitled:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED DEVELOPMENT RESIDENTIAL
DISTRACT TITLED BORKOWSKI SHORT -FORM PD -R AT NO. 12 TOWNE
PARK COURT (Z -6405) 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. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present being ten in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, and
Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Therefore, the
Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,626, described as:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED DEVELOPMENT COMMERCIAL
DISTRICT TITLED PARKWAY MOTORS PD -C SHORT -FORM AT 12,200
BLOCK WEST MARKHAM STREET (Z -6406) 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. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present being ten in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, and
Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Therefore, the
Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,627, with the title being:
A ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER
INTO A SOLE SOURCE CONTRACT WITH IBM CORPORATION TO
PROVIDE MAINFRAME AND NETWORK HARDWARE MAINTENANCE FOR
THE OFFICE OF MANAGEMENT SUPPORT;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present being ten in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, and
Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Therefore, the
Ordinance was declared PASSED.
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Minutes
December 2, 1997
81
Consideration was then given to Ordinance No. 17,628, entitled:
AN ORDINANCE APPROPRIATING FUNDS AND AUTHORIZING THE
CITY MANAGER TO ENTER INTO A CONTRACT WITH LASITER ASPHALT
MAINTENANCE CO., FOR THE RECONSTRUCTION AND /OR WIDENING OF
KANIS ROAD (BARROW ROAD TO I -430), A JOINT PROJECT WITH THE
ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT
UTILIZING INTERMODAL SURFACE TRANSPORTATION EFFICIENCY
ACT (ISTEA) MONIES;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present being ten in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, and
Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Therefore, the
Ordinance was declared PASSED.
(Mayor Dailey recused on Ordinance No. 17,629 because his brother -in -law
Frank Kelly is a member of the firm representing the applicant. Director Adcock
presided due to the absence of Vice Mayor Keck.)
Introduced next was Ordinance No. 17,629, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF SIDEWALKS AND OF RIGHT -OF -WAY DEDICATION
REQUIREMENTS FOR PARKWAY MOTORS LOCATED AT WEST
MARKHAM AND ENTERGY COURT;
and the Ordinance was read the first time. At the request of Director Adcock, Public
Works Director Chandra Russell made a staff presentation, stating the applicant is asking
for a waiver of right -of -way dedication. What staff has agreed to is right -of -way
dedication from the west boundary line of the property to the back of the sidewalk, which
would be somewhat less than the 60 feet normally required. The applicant is proposing
dedication of right -of -way from the current west property line to the back of curb, which
would not allow for a sidewalk. So in addition to the right -of -way waiver, the applicant
is also requesting a sidewalk waiver on what currently exists as the private street and
Entergy Court. There will be a sidewalk constructed on Markham Street and staff feels
that the sidewalk should be continued on Entergy Court and up the private street back to
the sidewalk on Markham Street. Mr. Ron Tabor, representing Mr. Steve Smith who is
developing Parkway Motors Mazda, said Mr. Smith is acquiring the entire site with the
agreement that he will turn around and dedicate curb to curb to the City as a dedicated
street. If we put in sidewalks it will do away with some of the landscaping that we have
committed to do. Following the lengthy discussion, Director Hodges moved to amend
the Ordinance to waive sidewalks on the south side along Entergy Court and on the east
side of the existing private street; and that the right -of -way dedication on the existing
private street be waived from the west side of the proposed sidewalk on the west side of
the private street to the east side of the private street. The motion was seconded by
Director Cazort and unanimously adopted. The rules where then suspended to provide
for the second and third readings of the Ordinance, as amended, by unanimous vote of the
Board Members present being nine in number and two- thirds or more of the members of
— - the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance
Pass, with the vote recorded as follows: Ayes - Directors Hinton, Hodges, Cazort, Joyce,
Wyrick, Kumpuris, Kelly, Wilson and Adcock - total 9; Noes - None; Absent - Director
Keck - total 1; Recused - Mayor Dailey - total 1. Whereupon, the Ordinance was
declared Passed.
01
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•
Minutes
December 2, 1997
At 9:00 o'clock P.M. Director Adcock declared a ten minute recess. The Board of
Directors reconvened at 9:20 o'clock P.M. with Mayor Dailey presiding and nine
Directors present. (Director Keck was absent.)
The next presentation was Ordinance No. 17,630, with the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE, ROCK, ARKANSAS PROVIDING
FOR A WAIVER OF ACCESS, FIRE HYDRANT SPACING AND STREET
IMPROVEMENTS REQUIREMENTS FOR COUNTRY HOMES ADDITION
REPLAT AT 10,400 BLOCK CANTRELL ROAD (S- 1160);
and the Ordinance was read the first time. City Manager Cy Carney stated that the fire
hydrant location will not have an impact on our Class II fire service rating. There is not
an issue in terms of adequate service to this area. Mr. Jim Lawson, Director of Planning
and Development, said typically the fire hydrant spacing issues don't come to the Board.
The whole issue of how far apart they are spaced depends on the water pressure. The
Water Department and the Fire Department were contacted and they feel like there is no
problem here. Mr. John Haley said the Subdivision was created in 1943. He owns seven
acres of four lots with some unplatted acreage and his neighbor owns seven acres. They
have agreed through a Bill of Assurance that there can never be over five houses on the
14 acres and have agreed to run the two inch (2 ") line from where it now exists back to
the house location. A six inch (6 ") main back to the property for the fire hydrant to sit on
would be very expensive - $40,000 to $50,000 to serve a single house. Director Cazort
asked Mr. Carney to contact the Water Department about placing a hydrant on Cantrell
Road within 500 ft. of the property. Director Hinton asked Mr. Carney to look into the
City putting in water lines in that area. Following the lengthy discussion, the rules were
suspended to provide for the second and third readings of the Ordinance by unanimous
vote of the Board Members present, being ten in number and two- thirds or more of the
members of the Board of Directors. A roll call vote was then taken on passage of the
Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Joyce, Wyrick,
Kumpuris, Kelly, Wilson, and Mayor Dailey - total 9; Noes - Director Adcock - total 1;
Absent - Director Keck - total 1. Therefore, the Ordinance was declared PASSED.
Item 33 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 WAIVER OF THE SIDEWALK REQUIREMENTS FOR K- MOBILE
HOME PARK LOCATED AT THE 11700 BLOCK OF STAGECOACH ROAD;
and the Ordinance was read the first time. In response to questions by Director Wyrick,
Public Works Director Chandra Russell said the Board had given very clear indication it
did not want to waive sidewalk requirements. The applicant is requesting the waiver of
sidewalks because moving mobile homes in and out of the mobile home park will make it
difficult to maintain the sidewalks. There was some discussion regarding ADA
requirements and the City's liability. Mrs. Russell said these are minor residential
standard streets that would allow for a 24 ft. pavement; however, the applicant has
proposed a 28 ft. pavement. She wondered if striping a five foot pedestrian pathway
along the edge of the pavement would address the ADA liability. The Board generally
agreed to leave the Ordinance on second reading to give City Attorney Tom Carpenter
opportunity to review the applicable ADA rules. Therefore, the Ordinance was left on
the calendar for second reading on December 16, 1997.
Item 34 on the Agenda was a proposed Resolution described as
A RESOLUTION TO EXPRESS THE INTENT OF THE CITY OF LITTLE
ROCK TO ZONE THE COLLEGE STATION COMMUNITY LOCATED
WITHIN THE LITTLE ROCK PLANNING JURISDICTION.
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Minutes
December 2, 1997
88
Following the reading of the Resolution, Director Adcock referred to a list of people that
were very vocal when the Board considered this matter about a year ago and wanted to be
sure that Mr. King understands that the City is looking at the proposal again. She asked if
Mr. Porter had talk to Mr. King and others on the list. Mr. Jim Lawson, Director of
Planning and Development, said that his staff had contacted the list of 14 people about
this matter. Many of the people that objected to the extraterritorial zoning when the
Board considered this matter before are outside of the area being considered tonight.
Director Adcock asked City Manager Cy Carney if all the issues have been worked out
with Pulaski County Quorum Court. Mr. Carney responded that the bigger issues still
have to be addressed. The issue before the Board tonight is the first step in getting to the
final policy question of extending sewer service into an unincorporated area. The real
issue is that College Station has received a federal grant to build a sanitary sewer system.
We need an action by the Quorum Court to delegate inspections and other authority to the
City of Little Rock to be certain the system is adequate and would not jeopardize our City
system. College Station is not interested in annexation. Mr. Austin Porter, Jr., Chair of
the College Station Improvement District, said College Station has been struggling for 25
years to get a sanitary sewer system in place. As a result of the devastating March 1,
1997 tornado, College Station has been able to get funding from U.S. Rural Development
through a $2.7 million grant to finally install a sanitary sewer system. But the City has to
give its approval for College Station to tie into the City's sanitary sewer system. He said
he thought most of the residents see the benefit of having extraterritorial zoning because
it would help the neighborhood retain its residential character. Director Adcock asked
when the extraterritorial zoning would start if the Resolution is adopted. Mr. Jim
Lawson, Director of Planning and Development, stated it would take several months
before staff would come back to the Board with an Ordinance. This just declares the
intent of the City to do it. Staff would be going out into the community to work through
this extraterritorial zoning. If we do not get an Ordinance from Pulaski County, then
there is no need for us to go out and do the extraterritorial zoning. Mr. Lawson
distributed a copy of the four conditions imposed by the Planning Commission: (1) a
waiver of the existing sewer policy requiring annexation due to the uniqueness of this
situation; (2) review of the adopted Land Use Plan and implement extraterritorial zoning
for the area to receive sewer; (3) passage of an Ordinance by the Pulaski County
government to give Wastewater the ultimate control that they will need for the
maintenance of the system; and (4) all connections with the system will need City of
Little Rock plumbing permits to guarantee compliance with the Arkansas State Plumbing
Code. Mr. Reggie Corbitt said the Wastewater Utility does not have authority to make
inspections outside the City, and would need an agreement with Pulaski County to go
into this unincorporated area. Director Cazort moved to defer the Resolution until such
time as the Pulaski County Quorum Court passes an Ordinance granting the needed
authority. Director Wyrick seconded the motion. City Attorney Tom Carpenter
suggested that Mayor Dailey write a letter to Pulaski County Judge Villines explaining
that we have to get this process in motion and listing the four things to be done, noting
that the City will not do the first one until the Quorum Court has done the third one.
Included with the letter should be a map and a description of the boundaries of the
extraterritorial area. Mr. Carpenter will prepare the letter for Mayor Dailey's signature.
A voice vote was then taken on the motion to defer the Resolution as stated by Director
Cazort, and the motion was unanimously adopted. Therefore, the proposed Resolution
was deferred until action by the Pulaski County Quorum Court.
A public hearing had been scheduled for this time and place by Resolution No.
10,127, adopted November 18, 1997, on the petition filed by Mr. Paul Libertini on behalf
of Scott McGee and Wal -Mart Stores, Inc., to vacate a portion of the public utility
easement in Sam's Tract of Spencer Addition to the City of Little Rock. The notice of
hearing was published in the Daily Record on November 25, 1997, and December 2,
1997. Mayor Dailey declared the public hearing open at 10:18 o'clock P.M. No one was
present who wished to speak on the issue; therefore, Mayor Dailey declared the public
hearing closed and consideration was given to Ordinance No. 17,631, entitled:
11