12-16-97MM
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
December 16, 1997 - 6:05 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 Wilson, Hinton, Cazort, Keck, Joyce, Wyrick,
Kelly - total 7; Absent - Directors Hodges, Kumpuris, and Adcock - total 3.
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.
(Director Adcock enrolled at 6:07 o'clock P.M.)
Director Cazort introduced Rockefeller Incentive School Show Choir which
performed three songs for the Board of Directors.
Director Joyce, new Chair Person of the Education Commission, presented
Certificates of Achievement to students in the City of Little Rock who were National
Merit Semifinalists. A reception was held in the City Hall Rotunda prior to the Board of
Directors Meeting.
Mayor Dailey presented a plaque to former City Director Jesse Mason for his
services as Chair of the Education Commission from November 1, 1994 to November
1, 1997.
(Director Hodges enrolled at 6:30 o'clock P.M.)
Mr. Bill Martin, Executive Director of MEMS (Metropolitan Emergency
Medical Services), responded to questions by Director Keck regarding the exclusive
franchise and level of service (advanced life support versus basic life support), and gave a
brief history of MEMS. City Attorney Tom Carpenter also explained some of the issues.
Director Keck said MEMS needs to adapt its services to the needs of the citizens. Mr.
Jack Murphy, Chair Person of the Little Rock Ambulance Authority, was also present.
Mr. Chuck Givens, Building Codes Manager, and Director Adcock presented
Contractor of the Year Awards to CDI Construction Company, Rick Ferguson Custom
Homes, Arnold and Blevins Electrical Company, John Martin Plumbing Company, and
Andrew Heigel.
Item 19 on the Agenda was an Ordinance establishing permit fee schedules
for building, electrical, plumbing and related work. Mayor Dailey suggested that the
Ordinance be read the first time only. The National Home Builders Association is
meeting at this time to discuss the proposed fee increases. Director Keck asked if a
balanced budget is dependent on the fee increase. Acting City Manager Cy Carney stated
yes. City Attorney Tom Carpenter noted that although the City has an Ordinance that
says the budget will be adopted by December 31, the State Statute requirement is that the
budget must be adopted by February 1. Director Wyrick wanted a comparison of fees for
Little Rock, North Little Rock, Benton, and Bryant. Director Adcock recommended
recessing this meeting to reconvene on December 30, 1997 to consider the fee Ordinance.
(See proposed Ordinance on page 7.)
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At 7:00 P.M. Mr. Mark Riable and Mr. Ernie Peters made a five minute
presentation regarding "Tithe for a Day." Fellowship Bible Church worked out a plan
for its members to dedicate one day each year to help clean up a neighborhood. It has
since developed a guide whereby other churches in the City could serve their
communities by working together to provide cleanup services in a neighborhood.
Acting City Manager Cy Carney announced that the City of Little Rock had
received the Distinguished Budget Presentation Award from the Government Finance
Officers Association (GFOA) for the 1997 Budget and then presented the plaque to
Finance Director Harold Boldt and Budget Officer LaVerne DuVall.
At 7:05 o'clock P.M. there was a thirty minute discussion of the cable television
franchise. Director Keck stated that December 15, 1997 passed without a negotiated
franchise agreement with Comcast Cable. (See Resolution No. 10, 099 adopted October 7,
1997, stating the City's intent to abandon informal franchise renewal negotiations if a
franchise agreement with Comcast Cable Company, Inc. is not reached by December 15,
1997.) City Attorney Tom Carpenter stated there is information he wished to discuss
with Board members in the next couple of days to see if he should make a final offer to
Comcast. Director Keck felt the City should investigate other options. He said the
Mayors of North Little Rock, Jacksonville, and Sherwood have expressed an interest in
working with the City of Little Rock because they too have expired contracts and perhaps
we could explore something on a regional basis. At the request of Director Hinton, Mr.
Carpenter explained the negotiations thus far. There was a lengthy discussion between
Director Keck and Mr. Tom Carpenter. In conclusion, Mr. Carpenter stated if the Board
says to make the proposal, his recommendation would be to extend the deadline to
Comcast to the end of January to have a signed agreement in place. If the Board says no
to the proposal, then Mr. Carpenter will move forward with the formal process, which
would probably take six to eight months because of the required documentation.
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
March 18, 1997, and the reconvened meeting held March 25, 1997.
(2) Resolution No. 10,161, entitled:
A RESOLUTION TO AUTHORIZE THE PARTICIPATION OF
ASSISTANT CITY ATTORNEY'S AND THE LAW OFFICE MANAGER IN THE
ICMA 401(a) MONEY PURCHASE RETIREMENT PLAN ADMINISTERED BY
THE ICMA RETIREMENT CORPORATION; AND FOR OTHER PURPOSES.
(3) Resolution No. 10,162, described as:
A RESOLUTION AUTHORIZING THE EXCHANGE OF
CERTAIN REAL PROPERTY WITH DELTIC TIMBER CORPORATION FOR
A COMMUNITY PARK SITE IN LITTLE ROCK; AND FOR OTHER
PURPOSES. (In Chenal Valley.)
Upon a motion and second by Directors Adcock and Joyce, respectively, the Consent
Agenda was adopted by unanimous voice vote.
Consideration was then given to Ordinance No. 17,633, entitled:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
GEYER SPRINGS WEST DISTRICT FROM MULTI - FAMILY TO SUBURBAN
OFFICE; 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 of more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
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Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kelly, Adcock, Wilson, Hinton, and
Mayor Dailey - total 10; Noes - None; Absent - Director Kumpuris - total 1. Therefore,
the Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,634, described as:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222)
MODIFYING THE DEFINITION OF SEVERAL LAND USE CATEGORIES,
AND FOR OTHER PURPOSES; (Add Service Trades 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 of more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kelly, Adcock, Wilson, Hinton, and
Mayor Dailey - total 10; Noes - None; Absent - Director Kumpuris - total 1. Therefore,
the Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,635, 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;
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 of more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kelly, Adcock, Wilson, Hinton, and
Mayor Dailey - total 10; Noes - None; Absent - Director Kumpuris - total 1. Therefore,
the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,636, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF COMMERCIAL STREET REQUIREMENTS AND
RIGHT -OF -WAY DEDICATION REQUIREMENTS FOR 1701 EAST 14TH
STREET;
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 of more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kelly, Adcock, Wilson, Hinton, and
Mayor Dailey - total 10; Noes - None; Absent - Director Kumpuris - total 1. Therefore,
the Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,637, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF SIDEWALK REQUIREMENTS FOR K- MOBILE HOME
PARK LOCATED AT THE 11700 BLOCK OF STAGECOACH ROAD.
The Ordinance was read the first time on December 2, 1997 as providing for a waiver of
sidewalk requirements. Director Wyrick moved to amend the Ordinance to provide
for a deferral of sidewalk requirements. The motion was seconded by Director Joyce
and unanimously adopted. The Ordinance, as amended, was then read the second time.
The rules were suspended to provide for the third reading of the Ordinance by unanimous
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vote of the Board Members present, being ten in number and two- thirds of more of the
members of the Board of Directors. A roll call vote was taken on passage of the
Ordinance as follows: Ayes - Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kelly,
'Adcock, Wilson, Hinton, and Mayor Dailey - total 10; Noes - None; Absent - Director
Kumpuris - total 1. Therefore, the Ordinance was declared PASSED.
Item 7 on the Agenda was an Ordinance titled "AN ORDINANCE
AMENDING ORDINANCE NO. 17,008 ESTABLISHING ONE SOURCE HOME
CENTER AMENDED LONG -FORM PCD (Z- 4933 -D), AND AMENDING
ORDINANCE NO. 15,990 MECHANICS LUMBER COMPANY LONG -FORM
PCD; AND PROVIDING FOR THE RECLASSIFICATION OF PROPERTY
LOCATED AT 15701 CHENAL PARKWAY IN THE CITY OF LITTLE ROCK,
AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY
OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES." The
Ordinance was withdrawn from the Agenda as requested by applicant Gene Pfeifer,
pursuant to a letter dated December 12, 1997, from The Hathaway Group.
Introduced next was Ordinance No. 17,638, 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 CHENAL
PARKWAY BETWEEN HWY 300 AND HWY 10;
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 of more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kelly, Adcock, Wilson, Hinton, and
Mayor Dailey - total 10; Noes - None; Absent - Director Kumpuris - total 1. Therefore,
the Ordinance was declared PASSED.
Item 9 on the Agenda was a proposed Ordinance entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF RIGHT -OF -WAY DEDICATION FOR LITTLE ROCK
CLEANING SERVICES, INC., LOCATED AT 12521 KANIS ROAD.
Public Works Director Chandra Russell explained Staffs recommendation for denial,
stating that Staff felt very strongly that the City should get right -of -way dedication at the
time of the building permit because there is a significant impact in traffic, which will
increase approximately 63 %. Attorney Susan Gordon Gunter, speaking on behalf of
Little Rock Cleaning Services, distributed pictures to the Board showing the locale and
the surrounding property and copies of supporting documents. She said this is not new
development and the addition will not increase traffic on Kanis Road and will not be used
on a daily basis except the cars will park under cover. Little Rock Cleaning Services is
being asked to make a $10,000 in -lieu contribution and to dedicate 45 feet of right -of-
way valued at $30,000, for a total cost of $40,000 to build a $70,000 addition.
(Ordinance No. 17,584, passed October 7, 1997, granted a deferral of commercial street
requirements for this property) She said Little Rock Cleaning Services is asking for a
waiver of the right -of -way dedication; however, staff submitted the request to the Board
as a deferral. Mrs. Russell explained the reason the request was submitted as a deferral
instead of a waiver is that a waiver goes with the property forever, regardless of future
use of the property. This is commercial property and very likely will become more
intense commercial sometime in the future, and a waiver would be entirely inappropriate.
Ms. Sandi Ganus, All Construction, Inc., spoke in support of the Ordinance. She said
the only people that have been asked to give right -of -way have been for new construction
or new subdivisions, and this is just an addition to the back of the building. Ms. Ganus
said the additional right -of -way requirement was never brought up until after the slab was
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poured and she applied for the permit for the second stage of the project. In response to a
question by Mayor Dailey, City Attorney Tom Carpenter said we think there is a nexus
for seeking right -of -way dedication now. If the dedication occurs, it takes it off the tax
rolls for this individual, the Master Street Plan makes it impossible for them to build on
this land anyway, so there really isn't any reason to grant a waiver or deferral. Following
the lengthy discussion, 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 then taken on passage of the Ordinance as
follows: Ayes - None; Noes - Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kelly,
Adcock, Wilson, Hinton, and Mayor Dailey - total 10; Absent - Director Kumpuris - total --
1. Therefore, the Ordinance was declared PASSED.
Mayor Dailey declared a fifteen minute recess at 8:10 o'clock P.M. The Board of
Directors reconvened at 8:35 o'clock P.M. with Mayor Dailey presiding and all Directors
present. (Director Kumpuris enrolled at 8:30 o'clock P.M.)
A public hearing had been scheduled for this time and place by Resolution No.
10,138, adopted December 2, 1997, on the petition filed by Robert Brown of
Development Consultants, Inc. on behalf of Coulson Properties Ltd. Partnership to vacate
and close the alley between West 8th and West 9th Streets in Block 113 of Original City
(pursuant to ACA Sec. 14 -54 -104 since Rommie and Shelby Foster, Lot 8, did not sign
the petition). Notice of hearing was published in the Daily Record on December 9, 1997,
and December 16, 1997. Mayor Dailey declared the public hearing open at 8:35 o'clock
P.M. No one was present who wished to speak on the issue; therefore, Mayor Dailey
declared the public hearing closed. Consideration was then given to Ordinance No.
17,639, entitled:
AN ORDINANCE VACATING AND CLOSING A PORTION OF PUBLIC
ALLEY BETWEEN WEST 8TH AND WEST 9TH STREET IN BLOCK 113 OF
THE ORIGINAL CITY OF LITTLE ROCK, ARKANSAS, PURSUANT TO THE
ARKANSAS CODE ANNOTATED SECTION 14 -54 -104 (MICHIE 1987);
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 eleven in number and two- thirds of more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson,
Hinton, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the
Ordinance was declared PASSED.
A public hearing had been scheduled for this time and place by Resolution No.
10,139, adopted December 2, 1997, on the petition filed by Kevin Hutchingson of
Barnes, Quinn, Flake & Anderson Realtors, on behalf of the Trustees of First Baptist
Church to vacate and close the east one -half of Tulip, Rose, Lily, Pansy, Daisy, and May
Streets and five alleys parallel thereto; and all of Poplar, Hickory, Beach, Holly and Birch
Avenues, all in Pulaski Highlands Suburban Addition to the City of Little Rock. Notice
of hearing was published in the Daily Record on December 9, 1997, and December 16,
1997. Mayor Dailey declared the public hearing open at 8:35 o'clock P.M. No one was
present who wished to speak on the issue; therefore, Mayor Dailey declared the public
hearing closed. Ordinance No. 17,640 was then presented, described as:
AN ORDINANCE ABANDONING AND CLOSING THE EAST ONE -
HALF OF TULIP STREET, ROSE STREET, LILY STREET, PANSY STREET,
DAISY STREET AND MAGNOLIA 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;
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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 eleven in number and two- thirds of more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson,
Hinton, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the
Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,641, with the title being:
AN ORDINANCE AMENDING IN PART ORDINANCE NO. 11,366 TO
PROVIDE FOR LEVYING A FRANCHISE FEE TO BE PAID BY ARKANSAS
LOUISIANA GAS COMPANY FOR THE YEAR 1998; PROVIDING FOR THE
PAYMENT THEREOF;
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 eleven in number and two- thirds of more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson,
Hinton, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the
Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,642, entitled:
AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE
AMOUNT OF FEES AND CHARGES TO BE PAID THE CITY OF LITTLE
ROCK, ARKANSAS BY ENTERGY (FORMERLY ARKANSAS POWER AND
LIGHT COMPANY) AND THE METHOD OF PAYMENT THEREOF
BEGINNING IN 1998; AMENDING SECTION 9 OF ORDINANCE NO. 11,683,
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 eleven in number and two - thirds of more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson,
Hinton, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the
Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,643, described as:
AN ORDINANCE LEVYING ADDITIONAL FRANCHISE FEES TO BE
PAID BY SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR
1998; AND PROVIDING FOR THE PAYMENT THEREOF;
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 eleven in number and two- thirds of more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hodges, Cazort, Keck, Joyce, Kumpuris, Kelly, Adcock, Hinton, and Mayor
Dailey - total 9; Noes - None; Recused - Directors Wyrick and Wilson - total 2; Absent -
None. Therefore, the Ordinance was declared PASSED.
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Introduced next was Ordinance No. 17,644, with the title being:
AN ORDINANCE FIXING AND IMPOSING THE AMOUNT OF FEES
AND CHARGES TO BE PAID TO THE CITY OF LITTLE ROCK, ARKANSAS
BY ALL COMPANIES THAT PROVIDE INTERSTATE OR INTRASTATE
LONG DISTANCE TELECOMMUNICATION SERVICE, AND ALL BUSINESS
INCIDENTAL TO OR CONNECTED WITH THE CONDUCTING OF SUCH
TELEPHONE BUSINESS IN THE CITY OF LITTLE ROCK, ARKANSAS;
AMENDING SECTION 3 OF ORDINANCE NO. 15,706; 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 eleven in number and two- thirds of more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson,
Hinton, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the
Ordinance was declared PASSED.
Item 19 on the Agenda was a proposed Ordinance, described as:
AN ORDINANCE AMENDING ORDINANCE NO. 17,066;
ESTABLISHING PERMIT FEE SCHEDULES FOR BUILDING, ELECTRICAL,
PLUMBING AND RELATED WORK PERFORMED IN THE CITY OF LITTLE
ROCK; REPEALING ALL TECHNICAL CODE ORDINANCE AND CODE OF
ORDINANCES PROVISIONS IN CONFLICT THEREWITH; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES;
and the Ordinance was read first time. The Ordinance was left on the calendar for
second reading at the reconvened meeting on December 30, 1997. (See Mayor
Dailey's comments on page 1.)
Consideration was then given to Ordinance No. 17,645, entitled:
AN ORDINANCE AMENDING ORDINANCE NO. 17,065 ADOPTED
DECEMBER 26, 1995 PROVIDING FOR THE INSERTION OF NEW FEES
LANGUAGE FOR SIGNS 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 eleven in number and two - thirds of more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson,
Hinton, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the
Ordinance was declared PASSED.
Introduced next was Item 14 - Resolution No. 10,163, with the title being:
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.
(The Resolution had been deferred from December 2, 1997, due to opposition presented
by Mr. Carl House of Rushing and Mason Equipment Company. See Page 4 of Minutes
of December 2, 1997.) City Manager Cy Carney recommended that the Board go with
the original recommendation of Clark Machinery Company. Following the reading of the
Resolution, Director Adcock moved for its adoption. Director Cazort seconded the
motion, and the Resolution was unanimously adopted.
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Consideration was then given to Item 21 on the Agenda, which was Resolution
No. 10,164, entitled:
A RESOLUTION AUTHORIZING AN INCREASE IN THE DAILY
STORAGE FEE FROM $5 TO $10 FOR VEHICLES STORED AT THE CITY OF
LITTLE ROCK IMPOUND FACILITY.
Following the reading of the Resolution, Director Keck moved for its adoption. The
motion was seconded by Director Adcock, and the Resolution was adopted by a voice
vote of ten ayes and one no (Director Wilson).
The next presentation was Ordinance No. 17,646, described as:
AN ORDINANCE PROVIDING FOR AND ADOPTING THE 1998
BUDGET FOR THE CITY OF LITTLE ROCK FOR THE PERIOD BEGINNING
JANUARY 1, 1998 AND ENDING DECEMER 31, 1998; APPROPRIATING
RESOURCES AND USES FOR EVERY EXPENDITURE ITEM AND FUND;
AND DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
There was a lengthy discussion from 8:45 o'clock P.M. to 11:25 o'clock P.M. Acting
City Manager Cy Carney distributed copies of the 1998 summary of resources and
recommended uses. Director Kelly had a number of questions regarding unclaimed PIT
funds in the amount of $44,000, stating "our charge to the City Manager was to find that
money and he has not done it yet." He then moved to amend the budget to instruct the
City Manager to find the additional $44,000 for PIT (Prevention, Intervention and
Treatment). Director Hinton seconded the motion. The motion failed by the following
roll call vote: Ayes - Directors Kelly, Wilson, and Hinton - total 3; Noes - Directors
Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris - total 6; Abstentions - Director Adcock
and Mayor Dailey - total 2. At 9:40 o'clock P.M. Mayor Dailey allowed three minutes
each for citizens to speak. Those speaking were Vikki Dahmen -Jones (Arkansas Cares);
Connie Parker (Domestic Violence Commission); Phyllis Philmon (Arkansas Cares);
Bill Bradshaw and Renay Dean (Museum of Science and History); Ruth Fissel
(Domestic Violence Commission); Ethel Ambrose (Coalition of Little Rock
Neighborhoods); Nora Harris and Butch Harris (Empower Arkansans - opposed to
using Zoo bond funds to acquire land for the Presidential Library); Lynn Teasley
(Arkansas Cares); Bill Morrissey (garbage fees); Charlene and Tammy Trent
(Arkansas Cares). (There was a ten minute recess from 10 :30 to 10:40 o'clock P.M.) The
Board of Directors continued the discussion, with Director Wyrick asking a number of
questions regarding infrastructure. Director Cazort had questions regarding the proceeds
from the sale of land for the Little Rock Municipal Water Works. He felt the money from
the sale should go to the City's General Fund instead of Water Works receiving the funds.
City Attorney Tom Carpenter noted that the Ordinance needs to be amended to add the
severability clause. Therefore, Director Hodges moved to amend the Ordinance by
adding a new Section 4 - Severability. The motion was seconded by Director Keck and
unanimously adopted. The Ordinance, as amended, was then read the first time. The
andrules were suspended to provide for the second reading, upon a motion and second by
Directors Adcock and Wyrick, which was unanimously adopted. Director Keck moved
to fund an additional $18,470 for the Domestic Violence Commission, and the motion
was seconded by Director Wilson. The motion failed by the following roll call vote:
Ayes - Directors Keck, Kelly, Wilson, Hinton, and Mayor Dailey - total 5; Noes -
Directors Hodges, Cazort, Joyce, Wyrick, Kumpuris, and Adcock - total 6. Following the
second reading of the Ordinance, as amended, the rules were again suspended to provide
for the third and final reading of the Ordinance, upon a motion and second by Directors
Adcock and Joyce, respectively, which was unanimously adopted. The Ordinance was
then 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 Hodges, Cazort,
Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, and Mayor Dailey -
total 11.
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The Emergency Clause contained in Section 5 of the foregoing Ordinance was
read and adopted by the following roll call vote: Directors Hodges, Cazort, Keck, Joyce,
Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, and Mayor Dailey - total 11; Noes -
None; Absent - None. Whereupon, the Ordinance, together with the Emergency
Clause, was declared PASSED.
The next presentation was Resolution No. 10,165, described as:
A RESOLUTION TO ESTABLISH A CITY POLICY FOR THE USE OF
REVENUES REALIZED FROM THE SALE OR RENTAL OF CITY
PROPERTIES HELD EXCLUSIVELY IN THE NAME OF THE CITY, OR HELD
IN THE NAME OF THE CITY FOR THE USE AND BENEFIT OF ITS BOARDS
AND COMMISSIONS; AND FOR OTHER PURPOSES.
Upon a motion and second by Directors Adcock and Cazort, respectively, the Resolution
was adopted by unanimous voice vote.
Consideration was then given to Resolution No. 10,166, with the title being:
A RESOLUTION TO APPROVE THE SALE OF REAL PROPERTY
OWNED BY THE CITY CURRENTLY HELD FOR THE WATER WORKS
PURPOSES TO ONE NATIONAL BANK; TO AUTHORIZE THE MAYOR AND
CITY CLERK TO EXECUTE ANY NECESSARY DOCUMENTS; TO DIRECT
THAT THE PROCEEDS BE PAID INTO THE CITY GENERAL FUND; AND
FOR OTHER PURPOSES.
Upon a motion and second by Directors Adcock and Joyce, respectively, the Resolution
was adopted by unanimous voice vote. (Mr. Troy Laha spoke briefly about the need to
get water to those people that don't have it.)
Introduced next was Ordinance No. 17,647, with the title being:
AN ORDINANCE TO AMEND LITTLE ROCK, ARK., ORDINANCE NO.
17,616 (NOVEMBER 18, 1997), TO REDEFINE AIRPORT SHUTTLE
SERVICES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
At the request of Director Adcock, City Attorney Tom Carpenter explained that in the old
Transportation Code, there was a provision for airport shuttle services that had been
included in the provision that gave the Airport Commission authority over transportation
vehicles for hire at the airport. The Airport Commission had authority to grant permits
for airport shuttle services, but never did except for out of town shuttle services. In the
new Transportation Code the shuttle service was redefined to make it a permitted service
and would allow it to do more than take people to and from the Airport and City hotels.
Director Cazort explained that this would reinstate the old definition of shuttle service
which begins or ends at the Airport. It does not allow service from hotel to hotel, hotel to
business or restaurant; and never to a residence. The City maintains that control, not the
Airport. Mr. Brent Tyrrell said he had a problem with the City of Little Rock saying
what rates will be charged. He felt the providers of the shuttle service should determine
their rates based on the level of service and expenses. He said he was asking for the rate
consideration and multiple pick -ups. He was advised there is an appeal process if he
disagreed with Ordinance. The Ordinance was then 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 eleven in number and two - thirds of more of the
members of the Board of Directors. A roll call vote was taken on passage of the
Ordinance as follows: Ayes - Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris,
Kelly, Adcock, Wilson, Hinton, and Mayor Dailey - total 11; Noes - None; Absent -
None.
The Emergency Clause contained in Section 4 of the foregoing Ordinance was
read and adopted by the following roll call vote: Directors Hodges, Cazort, Keck, Joyce,
G]
Minutes
December 16, 1997
Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, and Mayor Dailey - total 11; Noes -
None; Absent - None. Whereupon, the Ordinance, together with the Emergency
Clause, was declared PASSED.
Acting City Manager Cy Carney made a brief activity and project report.
No one was present to speak at the time allotted for Citizen Communications.
There being no further business to be presented, the Board of Directors recessed
at 11:45 o'clock P.M. to reconvene at 4:00 o'clock P.M. on Tuesday, December 30, 1997,
to consider the Ordinance establishing permit fee schedules for building, electrical,
plumbing and related work.
ATTEST:
City Clerk Robbie Hancock
TIC
APPROVED:
440r Jim Dailey
95