07-21-98229
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
July 21, 1998 - 5:50 P.M.
The Board of Directors of the City of Little Rock, Arkansas met in regular session
with Mayor Jim Dailey presiding. The roll was called by City Clerk Robbie Hancock,
with the following Directors present: Directors Hinton, Cazort, Keck, Joyce, Wyrick,
Kumpuris Kelly, and Adcock - total 8; Absent - Directors Wilson and Hodges - total 2.
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.
Mr. Robert Holt made a presentation on L.O.V.E. (Let Our Violence End). He
showed a video and introduced students who are members of the L.O.V.E. Attract Team.
(Director Hodges enrolled at 6:10 o'clock P.M. during the L.O.V.E.
presentation.)
The Millennium Commission presentation was made by Mr. Paul Harvell and
Mrs. Cora McHenry. Mr. Harvell displayed the Little Rock 2000 Celebration logo and
briefly explained the plans for activities in the year 2000. Mrs. McHenry listed the nine
(9) standing committees that have been established in order to assure the celebration is a
success. Mr. Harvell concluded by asking the Board and citizens to begin thinking about
where you will be on December 31, 1499.
At the request of City Attorney Tom Carpenter, Item 9 on the Consent Agenda
was deferred until August 4, 1998, upon a motion and second by Directors Adcock and
Hinton, which was unanimously adopted. Therefore, no action was taken on the
proposed Resolution entitled: "A RESOLUTION TO APPROVE THE
CONTRACT TO PROVIDE WATER TO THE CITY OF ALEXANDER,
ARKANSAS." Responding to a question by Director Wyrick, Mr. Carpenter said he is
trying to incorporate the agreements with earlier customers in Alexander into the contract
for the new customers and that contract is not ready yet.
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
February 3, 1998, the reconvened meeting held February 10, 1998, the regular meeting
held February 17, 1998, the reconvened meeting held February 24, 1998, and the regular
meetings held March 3, 1998 and March 17, 1998.
(2) Resolution No. 10,316, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND ENTER INTO A CONTRACT WITH M -5, INC./THE
SOUTHERN COMPANY OF NORTH LITTLE ROCK, INC. FOR FUEL SITE
UPGRADE INSTALLATIONS AT REBSAMEN GOLF COURSE, CITY HALL,
FIRE STATION #9, AND FLEET SERVICES FUELING SITES.
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(3) Resolution No. 10,317, described as:
A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH STUCK ASSOCIATES TO PROVIDE
ARCHITECTURAL /ENGINEERING SERVICES TO RENOVATE THE OLD
CENTRAL LIBRARY AT 700 LOUISIANA STREET.
(4) Resolution No. 10,318, with the title being:
A RESOLUTION AUTHORIZING THE USE OF EMINENT
DOMAIN IN ACQUIRING PROPERTY NECESSARY FOR CONSTRUCTION
OF THE POTTER - WHITFIELD DRAINAGE PROJECT.
(5) Resolution No. 10,319, entitled:
A RESOLUTION AUTHORIZING THE USE OF EMINENT
DOMAIN OF THE EVERGREEN STREET PROJECT.
(6) Resolution No. 10,320, described as:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS, CERTIFYING LOCAL GOVERNMENT
ENDORSEMENT OF PIRELLI TYRE COMPANY TO PARTICIPATE IN THE
ARKANSAS ENTERPRISE ZONE PROGRAM. (Located at 5701 Murray Street.)
(7) Resolution No. 10,321, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH TIME STRIPING, INC., IN THE AMOUNT
OF $94,989.00 FOR CONSTRUCTION OF THE 1998 PAVEMENT MARKING
PROGRAM.
(8) Resolution No. 10,322, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH E.S. CONSTRUCTION COMPANY IN THE
AMOUNT OF $59,815 IN HOME FUNDS TO REHABILITATE A HOME AT 908
LEWIS STREET, LOCATED IN THE LEWIS STREET MODEL BLOCK.
Upon a motion and second by Directors Adcock and Wyrick, respectively, the Consent
Agenda was adopted by unanimous voice vote.
Director Keck asked City Manager Cy Carney for a report on the numerous dead
animals (particularly cats) in the Mara Lynn area. He also wanted a progress report
on the implementation of the suggestions made by the Animal Shelter Volunteers. Mr.
Carney will provide those reports on Thursday.
City Attorney Tom Carpenter stated that he had received a telephone call from the
attorney for Mr. Gene Pfeifer regarding Items 15 and 16 on the Agenda, asking that
those items be deferred until August 4, 1998. Mayor Dailey noted that Item 20 on the
Agenda had also been deferred. Therefore, no action was taken on the following items:
(15) 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 (Z- 4933 -B), AND PROVIDING FOR
THE RECLASSIFICATION OF PROPERTY LOCATED AT 15701 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.
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(16) AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF BOUNDARY STREET IMPROVEMENTS FOR KAKIS
ROAD FOR ONE SOURCE COMMERCIAL SUBDIVISION LOCATED AT
15701 CHENAL PARKWAY.
(20) AN ORDINANCE AUTHORIZING THE CITY ATTORNEY AND
DIRECTOR OF FINANCE TO PROCESS CHECKS, ORDERS OF DRAFTS
PURSUANT TO THE ARKANSAS HOT CHECK LAW, PROVIDING FOR AN
EMERGENCY CLAUSE AND FOR OTHER PURPOSES.
Consideration was then given to Ordinance No. 17,780, entitled:
AN ORDINANCE AMENDING ORDINANCE 16,103 TO CORRECT
DESCRIPTION; AND FOR OTHER PURPOSES;
(To correct description of zoning area in Pulaski County - Extraterritorial Area II.)
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, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and
Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the
Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,781, 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;
(Z -6340 - To rezone 7001 Geyer Springs Road from "R -2" Single Family District 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, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and
Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the
Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,782, with the title being:
AN ORDINANCE DISSOLVING CURB AND GUTTER IMPROVEMENT
DISTRICT NO. 628 OF LITTLE ROCK, ARKANSAS; AND PRESCRIBING
OTHER MATTERS PERTAINING THERETO;
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, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and
Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the
Ordinance was declared PASSED.
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Consideration was then given to Ordinance No. 17,783, entitled:
AN ORDINANCE DISSOLVING STREET PAVING IMPROVEMENT
DISTRICT NO. 629 OF LITTLE ROCK, ARKANSAS; AND PRESCRIBING
OTHER MATTERS PERTAINING THERETO;
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, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and
Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the
Ordinance was declared PASSED.
(Director Kumpuris recused on the following Ordinance No. 17,784 because
he is in a partnership with the people involved, and was excused at 6:25 o'clock
P.M.)
Introduced next was Ordinance No. 17,784, 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;
(Z -6508 - To rezone 11400 Cantrell Road from 11R -2" Single Family District to
110-3" General Office 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 nine 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, Keck, Joyce, Wyrick, Kelly, Adcock, and Mayor
Dailey - total 9; Noes - None; Absent - Director Wilson and Kumpuris - total 2.
Therefore, the Ordinance was declared PASSED.
(Director Kumpuris re- enrolled at 6:30 o'clock P.M.)
The next presentation was Ordinance No. 17,785, with the title being:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
PINNACLE DISTRICT FROM SINGLE FAMILY TO OFFICE AND FOR
OTHER PURPOSES;
(Re: Chenal Parkway and Highway 300.)
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, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and
Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the
Ordinance was declared PASSED.
Consideration was then given to Item 14, being Ordinance No. 17,786 entitled:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
PINNACLE DISTRICT FROM SINGLE FAMILY TO OFFICE AND SUBURBAN
OFFICE AND FOR OTHER PURPOSES;
(Re: 18600 Cantrell Road.)
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and the Ordinance was read the first time. Mr. Charles Hicks, representing the property
owner at 18800 which is directly adjacent to 18600 Cantrell Road, spoke in opposition to
the change. The proposal is to change from residential to a multi -use of office and
multifamily, which would be another massive development on Cantrell. This is not the
kind of growth we want on Cantrell. We consider this to be a premature use of the
planning process and an inappropriate use of this property on Highway 10. Mr. R. J.
Nordman, 6218 Northridge Road, also spoke in opposition to the plan change. He stated
Northridge Road is the only road going into the property and the development would
increase the traffic flow, making it even more difficult to get in and out of his property.
Mr. Casper Nehus, 6304 Northridge Road, expressed opposition also, stating he did not
see a need for more multifamily in that area. Mr. Jim Lawson, Director of Planning and
Development, made the staff presentation. Responding to a question by Director Keck,
Mr. Lawson said he had spoken with Mr. Ed Willis, the applicant, and Mr. Willis does
not plan to take access from Northridge Road, but plans to build a new road. The land
developer would have to build a new road that would serve the entire area. Mr. Lawson
also responded to a number of questions by other Board Members. During the
discussion, Mr. Lawson explained that Land Use Plan changes do not require notification
of everyone within 200 feet of the property, as is required on rezoning requests. Director
Adcock asked the applicant, Mr. Ed Willis, if he would consider suburban office instead
of multifamily for all the frontage on Highway 10 and perhaps extending the single
family on down. Mr. Willis explained there are three areas - 65 acres residential, 20 acres
multifamily, and 10 acres office. Director Adcock suggested changing the office to
suburban office and changing all of the multifamily to suburban office or splitting it
between single family and suburban office, thereby removing all of the multifamily. Mr.
Willis explained his request for the change to the Land Use Plan, stating it was never
intended that the 95 acres would be developed as single family residential. He said it is
inappropriate to build single family homes there on Highway 10. It backs up to non-
conforming commercial uses. Mr. Willis said he had never thought about suburban
office, but did not think 30 acres of suburban office would be very marketaable or an
appropriate use for this property. However, a blend of suburban office and office would
be feasible. Following the lengthy discussion, Mayor Dailey asked Mr. Willis, his
partner, staff and the neighbors go to the Conference Room to discuss the issues and try
to reach an agreement. The group was excused at 7:30 P.M. and returned to the Board
Room during the discussion on the proposed recycling resolution below. At 8:30 P.M.
(following the recycling issue) Mayor Dailey asked if the group had reached an
agreement. Mr. Lawson explained the agreement was that there would be suburban
office and office, but no multifamily development, and there would be a building
height limit of three stories. City Attorney Tom Carpenter said this would be a two step
process. The Board could vote on the Land Use Plan amendment as outlined by Mr.
Lawson at this meeting, and in two weeks staff would have an Ordinance to limit the
height to three stories. There should also be a motion that during this interim period,
no one could file an application for office in excess of three stories. Director Keck
made the motion as stated by Mr. Carpenter. The motion was seconded by Director
Cazort and unanimously adopted. The rules were then suspended to provide for the
second and third readings of the Ordinance, as amended, 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, Keck, Joyce, Wyrick, Kumpuris, Kelly,
Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1.
Therefore, the Ordinance, as amended, was declared PASSED.
Item 17 on the Agenda was a proposed Ordinance described as:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED BOWMAN
OFFICE PARK SHORT FORM POD (Z- 6480), LOCATED ON THE WEST SIDE
OF BOWMAN ROAD APPROXIMATELY 600 FEET SOUTH OF KANIS ROAD;
and the Ordinance was read the first time. Director Adcock requested a complete staff
presentation and that the applicant, John Rees, be present to answer questions about
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buffers and other issues. Mr. Pat McGetrick was present to represent the applicant;
however, Director Adcock wanted Mr. Rees to be present to answer questions due to past
actions. Therefore, the Ordinance was left on the calendar for second reading on
August 4, 1998.
Item 21 on the Agenda was a proposed Resolution, entitled:
A RESOLUTION TO AMEND RESOLUTION NO. 9,413 (JUNE 6, 1995)
TO AUTHORIZE THE MAYOR, CITY MANAGER, AND CITY CLERK TO
EXECUTE AN AMENDMENT TO THE RESIDENTIAL RECYCLABLE
MATERIALS COLLECTION AND PROCESSING AGREEMENT WITH
WASTE MANAGEMENT OF ARKANSAS, INC.; AND FOR OTHER
PURPOSES.
(To revise the list of recyclable materials to include colored plastic.)
(See Minutes of June 16, 1998, and July 7, 1998.) Following the reading of the
Resolution, City Manager Cy Carney distributed a memorandum that listed the
modifications to the recycling contract as recommended by staff and agreed to by Waste
Management of Arkansas (WMA). (1) Add mixed plastics to the recycling collection
stream; (2) determine an average annual baseline tonnage recycled; (3) WMA will pay
the City annually at then current landfill gate rates for any lesser tonnage recycled minus
baseline; (4) WMA will be responsible for public information promotion; (5) eliminate
junk mail/magazines; (6) reintroduce junk mail/magazines to the collection stream if
market price reaches $100 /ton FOB Little Rock. Two goals during negotiations were that
there would be no increase in fees to the property owner and additional plastic would be
recycled. Director Keck asked how aggressively are we going to educate the public? We
need to make people aware of the impact recycling has on the landfill. Mrs. Maureen
Rose of Waste Management said they have a multilevel approach that would encompass
the whole community. Mr. Carney responded to a number of questions by the Board.
Mrs. Rose responded to Director Wyrick's questions regarding junk mail. Director
Hodges said his perception is that we are getting all the minuses and Waste Management
is getting all the plusses. We should be in the bargaining seat. Director Cazort wanted
the tonnage charge money collected from WMA to be earmarked for the landfill so that it
does not go to the General Fund. At the suggestion of City Attorney Tom Carpenter,
Director Cazort moved that the City Manager's memorandum regarding recycling
contract negotiations be marked Exhibit A and attached to the Resolution; and that
Section 1 be revised to add the phrase "in accordance with Exhibit A to this
Resolution," with the addition to the memorandum of some language that earmarks
any funds to stay with the solid waste fund. Director Adcock seconded the motion,.
which was unanimously adopted. Director Kumpuris urged the Board not to vote on the
Resolution until the Board has some solid numbers to show that we are not going to get
caught in the future having to pay more for our landfill and that we are not taking all the
negatives. Following the lengthy discussion, Director Kumpuris moved to defer the
Resolution for four weeks. The motion was seconded by Director Kelly and adopted
by the following voice vote: Ayes - Directors Hinton, Hodges, Wyrick, Kumpuris, Kelly
and Mayor Dailey - total 6; Noes - Directors Cazort, Keck, Joyce and Adcock - total 4;
Absent - Director Wilson - total 1. Mr. George Wheatley of Waste Management said
that the subject of colored plastic was not Waste Management's idea. The City
approached them to consider colored plastic. It is a marketable material but you can't
make money on it. When the contract was signed the baseline for junk mail was $100 per
ton; however, by the time the first junk mail was picked up, the price was zero. It costs
WMA about $200 per ton to process, store, and handle residential junk mail and
magazines. Ten pounds of colored plastics take up a lot more space in the landfill than
ten pounds of junk mail. Mr. Wheatley said WMA did not know they were going to have
to go through the numbers with the Board that they had already gone through with staff.
After the one hour discussion, the Resolution was deferred until August 18, 1998,
pursuant to the motion adopted above.
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At 8:35 o'clock P.M. Mayor Dailey declared a ten minute recess. The Board
reconvened at 8:50 o'clock P.M. with Mayor Dailey presiding and nine Directors present.
(Director Wilson was absent.)
(Director Wyrick recused on the following billboard ordinance because her
family had received a campaign contribution from the billboard industry.
Therefore, she was excused at 8:52 P.M.)
Item 22 on the Agenda was a proposed Ordinance described as:
AN ORDINANCE TO PLACE AN ISSUE BEFORE THE VOTERS IN THE
1998 GENERAL ELECTION IN THE CITY OF LITTLE ROCK, ARKANSAS,
ON THE QUESTION OF WHETHER TO DECLARE ALL BILLBOARDS IN
THE CITY TO BE ILLEGAL; TO CAUSE THE REMOVAL OF ALL
BILLBOARDS IN THE CITY NOT SUBJECT TO THE PROVISIONS OF THE
ARKANSAS HIGHWAY BEAUTIFICATION ACT WITHIN THREE (3) YEARS
OF THE EFFECTIVE DATE OF THE ORDINANCE; TO CAUSE ALL
BILLBOARDS LOCATED ON STREETS AND HIGHWAYS IN THE CITY
SUBJECT TO THE PROVISIONS OF THE ARKANSAS HIGHWAY
BEAUTIFICATION ACT TO BE REDUCED IN SIGN AREA TO A MAXIMUM
SEVENTY -TWO (72) SQUARE FEET WITHIN EIGHTEEN (18) MONTHS OF
THE EFFECTIVE DATE OF THE ORDINANCE; PRESCRIBING OTHER
MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY.
(The Ordinance was read the first time on July 7, 1998) Mayor Dailey stated that four
people had registered to speak for the Ordinance and twenty -one people had registered to
speak in opposition to the Ordinance. The Board agreed to allow twenty (20) minutes for
each side to speak. Director Kelly, who proposed the Ordinance, said he had listened
carefully to the comments made at the July 7, 1998 meeting and had sought outside
advice on this issue. He referred to a memorandum dated July 14, 1998, from City
Attorney Tom Carpenter, and one from UALR Law Professor Robert R. Wright, dated
July 15, 1998, as to whether amortization of billboards constitutes a taking in violation of
the Fifth Amendment to the U.S. Constitution. The answer is no. Director Kelly said he
had amended the Ordinance to allow the Board by majority vote to extend the period of
amortization an additional three years. He also said he hoped the Ordinance would be
deferred another month because there is a lot of information the Board needs from the
billboard industry in order to determine what a fair amortization schedule is. Nothing in
the Ordinance requires the expenditure of tax funds. The first speaker in support of the
Ordinance was Mrs. Ruth Bell, League of Women Voters of Pulaski County. Mrs. Bell
said it seems like a good idea to ask the citizens to vote on the issue. Mrs. Annie
Abrams, Coalition of Little Rock Neighborhoods, read a prepared statement in which she
referred to the Coalition's 1990 Five Point Plan, and concluded by stating the voters
should speak as to whether Little Rock should have billboards. Mrs. Johnnie Pugh,
State Chair of ACORN and Co -chair of the Little Rock New Party, spoke in support of
the Ordinance, saying billboards in her neighborhood send the wrong message regarding
alcohol and tobacco. Mr. Barry Haas was the last speaker in support of the Ordinance.
He said if billboards are good enough for the poorer parts of town, they are good enough
for Chenal. He said he thought the Board was afraid to let the people vote on this issue.
He thought the Board should declare eminent domain on three types of billboards - one in
high range of revenue, one in medium range, and one in the low range. When the City
does that, the billboard companies won't like it and will take the City to court. Then a
judge will decide. The first speaker in opposition to the proposed Ordinance was
Attorney William Sutton, who read a paragraph from an opinion from the 1992 litigation
between the City of Little Rock and three of the billboard companies. In that opinion,
Judge Van Smith stated amortization is not the proper method by which just
compensation is to be paid. He also said in order to remove any signs the City must
proceed with eminent domain suit in Circuit Court and that both the owner of the sign
and the owner of the land must receive monetary compensation for their loss, which
would be decided by a jury or by the Circuit Court. That was the law formed into an
injunction issued by the Court and that injunction is still alive and well. Dr. Charles
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Williams said there are more pressing issues than billboards and asked the Board to get
on with City business and not waste time on this issue. You can't legislate morals. There
are families that need to be fed. Attorney Sam Perroni said if the City attempts to
downsize billboards where it in essence eliminates their effectiveness as advertising
mediums, he considered that a taking under the Arkansas Constitution. Mr. Blake
Wynne, General Manager of Donrey Outdoor Advertising, said he was not interested in
putting billboards in neighborhoods. He said they were more than willing to move
tobacco and alcohol advertising in those areas and put them somewhere else. He also
said 17.1% of Donrey's advertising is tobacco related and 7.1% is alcohol related, and
that Donrey supports establishing reasonable limits on the total number of displays that
may carry messages about products that are illegal for the sale to minors. Mr. Steve
Raper, Donrey Leasing and Marketing Manager, said he looks at the inventory in a
particular area before placing billboards. Mr. Clarence Reed said he purchased three
parcels of land adjacent to I -630 and west of Rice Street because he considered them ideal
locations for billboards and the income from them would supplement his retirement. He
considers billboards an asset to the community because they provide a service to people
that are visiting the City of Little Rock. Mr. Troy Laba said the number one question
asked at two meetings in southwest Little Rock was how much this is going to cost. We
might be able to work with this if we had a dollar figure. But people that don't have
water or sewer don't want to see the money wasted on billboards. Mr. Ryan Dunbar said
all of the Donrey employees are concerned about losing their jobs. Several Donrey
employees were present. At the request of Director Kelly, City Attorney Tom Carpenter
responded to some of the comments made by Mr. Sutton and Mr. Perroni regarding the
1992 case. He concluded by saying that no matter what the voters say, this issue is going
to be litigated. What everyone is really saying tonight is, Is the issue so important that
you are willing to get into the battle ?" Mayor Dailey said there is an economic impact
involved in this. In his comments, Director Keck said if the Ordinance is passed there
will be litigation, and asked how we can spend $5 million on billboard litigation when we
have $450 million of infrastructure needs. He urged the Board to vote on the Ordinance
tonight and let the people know we are ready to address their priorities of public safety,
infrastructure, and economic development. Director Cazort felt this Ordinance does not
fairly and accurately deal with the issue. Mayor Dailey asked City Manager Cy Carney
to give the Board a count of the number of licensed signs in the City, how many are
licensed to tobacco and liquor companies, how many signs would be classified as
billboard signs that are not the commercial type. Following the lengthy discussion,
Director Kelly moved to amend the Ordinance to allow the Board of Directors to
extend the amortization schedule three additional years. The motion was seconded
by Director Hinton and adopted by a voice vote of 8 ayes and 1 no (Director Keck).
(Directors Wilson and Wyrick were absent.) The Ordinance, as amended, was then read
the second time. Director Hodges moved to defer the third reading until August 18,
1998, since Directors Kelly and Kumpuris will not be present at the next regular
meeting. The motion was seconded by Director Cazort and unanimously adopted.
There was a subsequent motion by Director.Hodges to limit debate to five minutes
on each side at that meeting. The motion was seconded by Director Cazort and
adopted by the following roll call vote: Ayes - Directors Keck, Joyce, Kumpuris,
Hodges, Cazort, and Mayor Dailey - total 6; Noes - Directors Kelly, Adcock and Hinton -
total 3; Absent - Directors Wilson and Wyrick - total 2. The proposed Ordinance was
left on the calendar for third and final reading on August 18, 1998.
City Manager Cy Carney distributed a memorandum regarding all sign permit
revenue and the cost associated with sign removal, as well as interest earnings on
balances in the off - premise sign removal account. Attached to the memorandum were
related ordinances and resolutions.
(Director Wyrick re- enrolled at 10:25 o'clock P.M.)
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Item 23 on the Agenda was a proposed Ordinance, described as:
AN ORDINANCE TO AMEND LITTLE ROCK, ARK. REV. CODE
SECTION 18 -103 TO PERMIT THE USE OF FIREWORKS WITHIN THE CITY
LIMITS UNDER CERTAIN CONDITIONS; TO APPOINT THE FIRE CHIEF AS
THE PERSON RESPONSIBLE FOR ISSUING PERMITS FOR THE USE OF
FIREWORKS; AND FOR OTHER PURPOSES;
(An Ordinance to permit fireworks within the City Limits.)
and the Ordinance was read the first time. Director Cazort said this Ordinance is a
vehicle to begin public discussion and to get citizen input. He did believe that
legalization of fireworks of some sort was needed. City Manager Cy Carney distributed a
memorandum regarding fireworks - related fire alarms, police calls, and citizen injuries
from July 1, 1998 through July 5, 1998. The proposed Ordinance was left on the
calendar for second reading on August 4,1998.
No one was present to speak during the time allotted for Citizen
Communications.
City Manager Cy Carney gave his Activity and Project Report, which included
private club alcohol restriction; Y2K (Year 2000 computer challenge), long -term debt and
loan summary, Zoo permit and accreditation; and City employee "Support the Zoo" work
day on August 29, 1998.
Director Hodges said he does not agree with the Zoo Committee concept
suggested by Mayor Dailey. He felt that we do not need to do a study on something we
already have studies on, and felt that a year was too long to wait for the report. Director
Cazort, Chair of the Zoo Committee, said he planned to have the report to the Board by
early December so it could be included in the 1999 Budget.
Director Kumpuris suggested that Director Hodges head a committee to look
`— into infrastructure and bring suggestions to the Board in late November, so those could
be discussed during the budget process. He also asked for suggestions regarding parks
and soccer fields, etc.
Director Kelly asked for a report from the Police Study Committee at the next
Agenda Meeting. He also asked for some crime data that separates juvenile and adult
crimes for recent months.
There being no further business to be considered, the Board of Directors
adjourned at 10:40 o'clock P.M. to meet again in regular session on Tuesday, August 4,
1998, at 6:00 o'clock P.M.
ATTEST:
City Clerk Robbie Hancock
9
APPROVED:
V�
dayor Jim Dailey