08-04-98238
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
August 4, 1998 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas met in regular session
with Vice Mayor Michael Keck presiding in the absence of Mayor Jim Dailey. The roll
was called by City Clerk Robbie Hancock, with the following Directors present:
Directors Hinton, Cazort, Joyce, Wyrick and Adcock - total 5; Absent - Directors Wilson,
Hodges, Kumpuris, Kelly and Mayor Dailey - total 5.
With a quorum present, Vice Mayor Keck declared the Board of Directors in
session and the proceedings of the meeting are recorded as follows.
The Invocation was given by Director Joyce followed by the Pledge of
Allegiance.
The Racial and Cultural Diversity Commission Fair Housing Update was
deferred as noted on the Agenda Modifications.
Vice Mayor Keck introduced Dr. Trudy Reed, the new President of Philander
Smith College, and the first female president of the College in its 121 year history.
(Director Hodges enrolled at 6:06 o'clock P.M.)
Consideration was then given to the Consent Agenda which consisted of the
following:
(1) Approval of the Minutes of the Board of Directors regular meetings held
April 7, 1998, and April 21, 1998, and the reconvened meeting held April 28, 1998.
(2) Resolution No. 10,323, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT TO SCOTT CONSTRUCTION
EQUIPMENT IN THE AMOUNT OF $83,675 FOR THE PURCHASE OF AN
850C CASE WIDE TRACK DOZER FOR THE SOLID WASTE DIVISION OF
THE PUBLIC WORKS DEPARTMENT.
(3) Resolution No. 10,324, described as:
A RESOLUTION ENDORSING THE EMPOWERMENT ZONE
ENHANCEMENT ACT OF 1998.
Upon a motion and second by Directors Adcock and Joyce, respectively, the Consent
Agenda was unanimously adopted.
At the time allotted for Citizen Communications, the first speaker was Ms. Ruth
Fissell, who addressed the Board of Directors regarding the Youth Initiative Project
(YIP) in the John Barrow area at Second Baptist Church, which had been removed from
the Agenda at the Agenda Meeting. She is one of the contractors for the proposal for the
Youth Home, and briefly explained the project. She urged the Board to read their
proposal before making a decision to rescind action.
The next speaker during Citizen Communications was Mr. Michael Schrader,
who spoke about the 1998 Bond Project engineering contracts. Referring to the proposal
to widen Van Buren and Lee, he said the residents in Hillcrest had no idea the City
planned to put left turn lanes there and they were very upset. He felt there should be a
better effort to advertise these projects and to inform the area residents. Director Hodges
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said he had heard many times about architects, engineers, and other professionals not
getting the word on bids. The City needs to better advertise.
The last speaker during Citizen Communications was Attorney John Baker.
He said that on Saturdays he and a group of friends plant trees along inner City streets
that don't have trees, because they have a commitment to the beauty of the City. He said
the City also has a commitment to its beauty. He also challenged the Board to seriously
consider referring to the citizens Director Kelly's billboard ordinance. Do billboards
enhance the City? If not, give the people a chance to vote them down. (See Minutes of
July 7, 1998 and July 21, 1998)
Item 4 on the Agenda was a proposed Ordinance, entitled:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
CENTRAL CITY DISTRICT FROM SINGLE FAMILY TO MIXED USE; AND
FOR OTHER PURPOSES; (Re: 1900 and 2000 blocks of Commerce Street.)
and the Ordinance was read the first time. Ms. Patricia Clark, President of the East of
Broadway Neighborhood Association, spoke in support of the Ordinance, stating the
Association had agreed it would like to have a new business in our neighborhood and a
beauty shop would be good for the neighborhood. Mr. Stuart Yancey, speaking in
opposition, stated he owned property in the area and he questioned the wisdom of
changing the Land Use Plan in this manner and for this purpose, but he did support Mrs.
Ellis' desire to go into business and to have a beauty shop. There is a comprehensive
Neighborhood Plan being developed for the area. Another issue is that the purpose of
mixed use was not to change residential into commercial, but to allow retrofitting when
commercial buildings had lost their zoning. Also next door to this address is a historic
building, which he has made an offer to restore. A beauty shop next door to a restored
historic building is not a plus. He has redone a commercial building one block from this
address, and that building is available as well as others in the area. It is unfair to go in
and switch this for that type of use when there is commercial property available at a
reasonable price. Responding to a request by Director Adcock, Mr. Jim Lawson, Director
of Planning and Development, explained staff s proposal. He said staff felt like this
would help stimulate reinvestment in the area. The policy decision is whether or not you
support going into an area and having a mixed use with the understanding that through
design controls it will help to stimulate revitalization of the area. Mr. Yancey said the
Downtown Neighborhood Association opposes this, and also the League of Women
Voters. With only seven (7) Board Members present, there were not enough votes to
suspend the rules to provide for the second and third readings. Therefore; the Ordinance
was left on the calendar for second reading on August 18, 1998.
Item 5 on the Agenda was a proposed Ordinance which had been deferred from
June 6, 1998 and June 30, 1998. In a letter dated July 28, 1998, Rev. Roger Free, Pastor
of Charity General Baptist Church, withdrew the waiver request, as noted on the Agenda
Modifications. Therefore, no action was taken on the following:
(5) AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF BOUNDARY STREET IMPROVEMENTS FOR CHARITY
GENERAL BAPTIST CHURCH (Z- 6462), LOCATED AT 11111 GEYER
SPRINGS
Item 6 on the Agenda was a proposed Ordinance which had been deferred from
July 7, 1998 and read the first time on July 21, 1998. In a fax memo dated July 31, 1998,
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August 4, 1998
the applicant John Rees withdrew the Planned Zoning Development (POD) request, as
noted on the Agenda Modifications. Therefore, no action was taken on the following:
(6) 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 KAKIS 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.
Item 7 on the Agenda was a proposed Ordinance, entitled:
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY AND
DIRECTOR OF FINANCE TO PROCESS CHECKS, ORDERS OR DRAFTS
PURSUANT TO THE ARKANSAS HOT CHECK LAW, PROVIDING FOR AN
EMERGENCY CLAUSE; AND FOR OTHER PURPOSES.
(The Ordinance had been read the first time on June 16, 1998; and the second reading
occurred on July 7, 1998. On July 21, 1998, the Ordinance was deferred to August 4,
1998) City Attorney Tom Carpenter said the Board should have a new draft of the
Ordinance which makes the amount of the checks that will be covered by the City
$200.00 which is the amount below the felony level to assure that we don't try to exercise
jurisdiction that we do not have. It imposes a possible prison sentence in accordance with
state law so that we are in compliance with State Statute and require that we have the
same penalties. Finance Director Harold Boldt and Mr. Carpenter responded to a number
of questions by Director Cazort. Director Cazort said he felt the City was not adequately
prepared for a Warrant Officer and didn't think the program would work without one or
more. Responding to Mr. Carpenter's statement that misdemeanor warrants become stale
after one year, Director Adcock wanted to know if the City is aggressively trying to serve
warrants. Following the discussion, Director Hodges moved to defer the Ordinance
until the August 11, 1998 reconvened meeting. The motion was seconded by Director
Adcock and unanimously adopted. Therefore, the proposed Ordinance was deferred
to August 11, 1998. (See new title: "AN ORDINANCE AUTHORIZING THE CITY
ATTORNEY AND DIRECTOR OF FINANCE TO PROCESS WORTHLESS
CHECKS, ORDERS OR DRAFTS ( "HOT CHECKS") FOR HOLDERS THEREOF
WHICH DO NOT EXCEED TWO HUNDRED ($200.00) DOLLARS, DECLARING
AN EMERGENCY, AND FOR OTHER PURPOSES. ")
Item 8 on the Agenda was a proposed Resolution described as:
A RESOLUTION ENDORSING PROPOSED INCREASES IN THE
BUDGET OF THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT.
Following the reading of the Resolution, there was a motion and second by Directors
Adcock and Joyce, respectively, for its adoption. The voice vote was as follows: Ayes -
Directors Hinton, Hodges, Joyce, and Adcock - total 4; Noes - Directors Cazort, Keck,
and Wyrick - total 3; Absent - Directors Wilson, Kumpuris, Kelly and Mayor Dailey -
total 4. Failing to receive six aye votes, Vice Mayor Keck announced that the Resolution
had FAILED.
Item 9 on the Agenda was a proposed Resolution entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH UALR'S MIDSOUTH CENTER FOR LEADERSHIP
AND TRAINING TO PROVIDE TECHNICAL ASSISTANCE SERVICES TO
THE CITY'S PIT CONTRACTEES.
Following the reading of the Resolution, Ms. Holly Felix, Community Programs
Operations Coordinator, responded to a number of questions by the Board. * Director
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August 4, 1998
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Adcock asked for a copy of the RFP. She felt there would be a perception of impropriety
because of its partnership with New Futures. Mr. Charles King, 1123 East 17th Street,
was opposed to the contract being awarded to UALR, because the award was not based
on technical competence but on low bid. He had several questions about the contract.
Director Joyce asked what happens to the money if this is denied. City Manager Cy
Carney said it would come back to the Board as a pool of money and the Board would
look at the needs of the FUTURE Little Rock Programs. Director Hinton stated the intent
was to build on services, not to destroy a program. Following the discussion, Director
Hodges moved to defer the Resolution until August 18, 1998, due to the absence of
Director Kelly. The motion was seconded by Director Adcock and unanimously
adopted. Therefore, the Resolution was deferred to August 18, 1998.
Item 10 on the Agenda was a proposed Resolution described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH THE LITTLE ROCK BOY'S CLUB TO OPERATE
A COMMUNITY BASED PREVENTION PROGRAM AT THE THRASHER
BOYS CLUB IN THE SOUTH END OF LITTLE ROCK.
Director Wyrick wanted to see the proposals submitted on this contract as well as the
contract with UALR above. Therefore, she moved to defer the Resolution until August
18, 1998. The motion was seconded by Director Cazort and adopted by a voice vote of
six (6) ayes (Hinton, Cazort, Joyce, Wyrick, Keck) and one (1) no (Adcock) with four (4)
absent (Wilson, Kumpuris, Kelly, Dailey). Whereupon, the proposed Resolution was
deferred until August 18, 1998.
Consideration was then given to a proposed Ordinance entitled:
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS, AUTHORIZING THE MAYOR AND CITY
CLERK TO ENTER INTO AN AGREEMENT FOR THE SALE OF WATER TO
THE CITY OF ALEXANDER, ARKANSAS;
and the Ordinance was read the first time. With only seven (7) Board Members present,
there were not enough votes to suspend the rules to provide for the second and third
readings. Therefore, the Ordinance was left on the calendar for second reading on
August 11, 1998.
The next presentation was a proposed Ordinance described as:
AN ORDINANCE APPROPRIATING FUNDS AND AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN ENGINEERING SERVICES
CONTRACT WITH I.C.E., INC., FOR REHABILITATION OF 14TH STREET,
28TH STREET, BOWMAN ROAD, AND RESERVOIR ROAD BRIDGES, 1998
REVENUE BOND PROJECTS;
and the Ordinance was read the first time. With only seven (7) Board Members present,
there were not enough votes to suspend the rules to provide for the second and third
readings. Therefore, the Ordinance was left on the calendar for second reading on
August 11, 1998.
Introduced next was a proposed Ordinance with the title being:
AN ORDINANCE APPROPRIATING FUNDS FOR PALM STREET
DRAINAGE AND CAPITOL AVENUE CONSTRUCTION IMPROVEMENTS,
1998 REVENUE BOND PROJECT; (Palm Street Drainage - $150,000; Capitol
Avenue - Main to Louisiana - $250, 000.)
and the Ordinance was read the first time. With only seven (7) Board Members present,
there were not enough votes to suspend the rules to provide for the second and third
readings. .Therefore, the Ordinance was left on the calendar for second reading on
August 11, 1998.
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August 4, 1998
Consideration was then given to a proposed Ordinance entitled:
AN ORDINANCE APPROPRIATING FUNDS AND AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN ENGINEERING SERVICES
CONTRACT WITH THE MEHLBURGER FIRM FOR BOWMAN AND KANIS
ROAD INTERSECTION AND RODNEY PARHAM INTERSECTION
IMPROVEMENTS, 1998 REVENUE BOND PROJECTS;
and the Ordinance was read the first time. Mr. Michael Schrader, who is an engineer,
expressed concern about the sequence of events. He asked the Board to wait until the
Kanis Road issue is solved, before awarding an engineering contract for Bowman and
Kanis. He also expressed the same concern about Rodney Parham because the widening
of Rodney Parham and Woodland Heights is on hold at this time. With only seven (7)
Board Members present, there were not enough votes to suspend the rules to provide for
the second and third readings. Therefore, the Ordinance was left on the calendar for
second reading on August 11, 1998.
The next presentation was a proposed Ordinance described as:
AN ORDINANCE APPROPRIATING FUNDS AND AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN ENGINEERING SERVICES
CONTRACT WITH JEWELL AND ASSOCIATES, P.A., FOR STREET AND
DRAINAGE IMPROVEMENTS TO "N" AND FLORIDA STREETS, A 1998
REVENUE BOND PROJECT;
and the Ordinance was read the first time. With only seven (7) Board Members present,
there were not enough votes to suspend the rules to provide for the second and third
readings. Therefore, the Ordinance was left on the calendar for second reading on
August 11, 1998.
There was a motion by Director Cazort, seconded by Director Adcock, to defer
the second reading of Item 16 until August 18, 1998, and the motion was unanimously
adopted. Therefore, no action was taken on the proposed Ordinance described as:
(16) 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.
Vice Mayor Keck informed the citizens that on Friday the City received two
envelopes from Comcast Cablevision. One contained a check in the amount of
$575,000 as per their agreement. The second envelope contained the ninety (90) day plus
notice of their next scheduled rate increase. Vice Mayor Keck asked City Manager Cy
Carney to find out how much the rate increase would be and if they planned on providing
a tiered rate schedule as the City had requested. Responding to questions by Director
Cazort and Vice Mayor Keck regarding the rate increase, City Attorney Tom Carpenter
said all the Board can do now is file a complaint with the FCC to challenge whether the
rate increase is justified. Director Hodges noted that the City has very little to do with
cable TV rate increases. However, he suggested that this rate increase proposal be
shipped to Senators Hutchinson and Bumpers and Representative Snyder and let them
know precisely what is happening pertaining to our rates in Little Rock. He also
encouraged filing the FCC complaint. Mr. Carpenter said the idea of a letter is very good
and the timing is critical. Director Cazort then moved to make a formal protest to FCC
on the Comcast Cablevision rate increase. The motion was seconded by Director
Hodges and unanimously adopted by the Board Members present.
City Manager Cy Carney gave his Activity and Project Report concerning
National Night Out; Recreation Update; June 1998 Uniform Crime Report;
Neighborhood Resource Center Update; Mosaic Templars Building; Traffic Violation
Citations; and update on Municipal Candidates.
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There being no further business to be presented, the Board of Directors recessed
at 7:40 o'clock P.M. to reconvene on Tuesday, August 11, 1998 at 4:00 P.M. to consider
Zoning Case Z- 3792 -A - Sysco Long Form PDI located at 5800 Frozen Road, and
the Hot Check Ordinance, as well as the Ordinances that were left on the calendar for
second reading on August 11, 1998.
ATTEST:
Qde- �..:Q. IJQ..�.cec�-
City Clerk Robbie Hancock
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APPROVED:
ayor Jim Dailey
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