10-20-98294
Board of Directors Room
City Hall - 500 W Markham
Little Rock, Arkansas
October 20, 1998 - 6: 00 P.M.
The Board of Directors of the City of Little Rock, Arkansas, met in regular
session with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll
with the following Directors present: Directors Cazort, Keck, Joyce, Wyrick, Kelly, and
Adcock - total 6; Absent - Directors Wilson, Hinton, Hodges, and Kumpuris - total 4.
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 Mayor Dailey, followed by the Pledge of
Allegiance.
Mayor Dailey announced that Items 15 and 33 were deferred to November 2,
1998, and Item 16 had been deferred to November 17, 1999 as requested by the
applicant. Therefore, no action was taken on the following items:
(15) A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH HEALTH ADVANTAGE TO
PROVIDE HEALTH INSURANCE COVERAGE FOR CITY
EMPLOYEES FOR A ONE YEAR PERIOD EFFECTIVE
JANUARY 1, 1999.
(33) AN ORDINANCE CONCERNING THE EXCESS FALSE
ALARMS IN THE CITY OF LITTLE ROCK, PROVIDING FOR
DEFINITIONS AND PENALTIES FOR ENFORCEMENT
AGAINST ALARM USERS CAUSING EXCESS RESPONSE TO
FALSE ALARMS; DECLARING AN EMERGENCY; AND FOR
OTHER PURPOSES.
(Note: Item 16 - Applicant has requested that public hearing be rescheduled to
November 17, 1998.)
(16) PUBLIC HEARING (LU98- 20 -03) - APPEAL OF THE
PLANNING COMMISSION'S DENIAL OF AN AMENDMENT TO
THE LAND USE PLAN IN THE PINNACLE PLANNING
DISTRICT FROM SINGLE FAMILY TO SERVICE TRADES
DISTRICT. (Appeal filed by Richard Norwood - 8400 Ferren Lane.
Planning Commission: 1 yes, 7 no, 3 absent; Staff recommends
denial.)
AND
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN
THE PINNACLE PLANNING DISTRICT FROM SINGLE FAMILY
TO SERVICE TRADES DISTRICT; AND FOR OTHER
PURPOSES. (8400 FERREN LANE.
(c) The Brother to Brother PIT presentation was also deferred to
November 17,1999.
The first presentation was the Sister Cities International Conference Update,
which was given by Mr. Alfred Williams, Chairman of the Sister Cities Commission,
along with Marion Kahn, Vice Chair, and Susan Gregory, Conference Coordinator. The
1999 Conference will be held in Little Rock, Arkansas, in July.
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295
(Director Hinton enrolled at 6:18 o'clock P.M.)
(Director Kumpuris enrolled at 6:25 o'clock P.M.)
The next presentation was the Juvenile Diabetes Walk. Director Keck introduced
Mr. Jim Allen and his son, Jimmy. Director Keck explained that a few weeks ago the
City of Little Rock hosted the first Juvenile Diabetes Foundation Walk for the Cure
and set a national record for the number of dollars raised and the number of volunteers
who walked for the first event. Mr. Allen stated that the inaugural walk raised over
$185,000 with over 1700 walkers participating. This was a record setting event for an
inaugural walk throughout the United States.
Director Kumpuris announced that Southwestern Bell Telephone Company will
again be sponsoring the ice skating rink at the River Market from December 1, 1998 to
January 3, 1999. Southwestern Bell will also sponsor a food drive titled "Put Hunger on
Ice." The money from the skating rink will go to charities, mainly the Mayor's Christmas
Fund for Charities. This is an opportunity to bring people downtown. This is a real gift
to the City from Southwestern Bell.
Mayor Dailey announced that the economic impact of the recent Arkansas State
Fair was $1.5 million.
Consideration was then given to the Consent Agenda which consisted of the
following:
(1) Resolution No. 10,378 entitled:
A RESOLUTION TO COMMEND SENATORS DALE BUMPERS
AND TIM HUTCHINSON FOR THEIR EFFORTS TO PROTECT CITIES IN
THE INTERNET TAX FREEDOM ACT IN 1998; AND FOR OTHER PURPOSES.
(2) Resolution No. 10,379, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONSTRUCTION CONTRACT WITH TURF DRAIN, INC.
FOR THE REBSAMEN GOLF COURSE REMODELING PROJECT.
($1,945,480.52)
(3) Resolution No. 10,380, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH G & S BUILDERS, INC. TO PROVIDE
$112,500 IN HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR
CONSTRUCTION OF NINE (9) AFFORDABLE HOUSING UNITS ON
STILLMAN DRIVE FOR LOW INCOME FIRST TIME HOME BUYERS.
($112,500)
(4) Resolution No. 10,381 entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH THE ARC ARKANSAS TO PROVIDE
$220,000 IN HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS TO
REHABILITATE 22 APARTMENT UNITS AT TRINITY COURT PLACE
APARTMENTS LOCATED AT 2000 SOUTH MAIN STREET. (Motion adopted to
change name from Trinity ARC, LLC. to ARC Arkansas)
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(5) Resolution No. 10,382, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER IN AN AGREEMENT WITH WOODRUFF COMMUNITY
DEVELOPMENT CORPORATION (CDC) TO PROVIDE $59,850 IN HOME
INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR ACQUISITION,
REHABILITATION AND SUBSEQUENT SALE OF THE STRUCTURE AT 611
MAPLE STREET TO A LOW INCOME FIRST TIME HOME BUYER.
(6) Resolution No. 10,383, with the title being:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS CERTIFYING LOCAL GOVERNMENT
ENDORSEMENT OF ESI GROUP, INC. TO PARTICIPATE IN THE
ADVANTAGE ARKANSAS PROGRAM. (Located at 500 E. Markham Street.)
(7) Resolution No. 10,384, entitled:
A RESOLUTION OF THE BOARD OF EDUCATORS OF THE
CITY OF LITTLE ROCK, ARKANSAS, CERTIFYING LOCAL GOVERNMENT
ENDORSEMENT OF QUALITY FOODS, INC. TO PARTICIPATE IN THE
ADVANTAGE ARKANSAS PROGRAM. (Located at 4901 Asher Avenue.)
(8) Resolution No. 10,385, described as:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS, CERTIFYING LOCAL GOVERNMENT
ENDORSEMENT OF MULTIPLAS CONTAINERS, INC. TO PARTICIPATE IN
THE ADVANTAGE ARKANSAS PROGRAM. (Located at 6600 Geyer Springs
Road.)
(9) Resolution No. 10,386, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH C.M. &M., INC., IN THE AMOUNT OF
$51,000 FOR CONSTRUCTION OF THE ROOSEVELT ROAD AND ASHER
AVENUE SIGNAL UPGRADE.
(10) Resolution No. 10,387, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH FAITH CARE CORPORATION IN THE
AMOUNT OF $1,000 FOR THE SALE OF A CITY OWNED WEED LOT AT 1420
MARSHALL STREET.
(11) Resolution No. 10,388, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXTEND THE CONTRACT WITH DELTA DENTAL PLAN OF ARKANSAS
FOR DENTAL COVERAGE FOR CITY EMPLOYEES FOR A PERIOD OF ONE
YEAR EFFECTIVE JANUARY 1, 1999.
(12) Resolution No. 10,389, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXTEND THE CONTRACT WITH AMERICAN INTERNATIONAL GROUP
(AIG) FOR ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE
COVERAGE FOR CITY EMPLOYEES FOR A TWO YEAR PERIOD
EFFECTIVE JANUARY 1, 1999.
C,
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(13) Resolution No. 10,390, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH BUSINESSMEN'S ASSURANCE
COMPANY OF AMERICA (BMA) TO PROVIDE LIFE INSURANCE
COVERAGE FOR CITY EMPLOYEES FOR A THREE YEAR PERIOD
EFFECTIVE JANUARY 1, 1999.
(14) Resolution No. 10,391, described as:
A RESOLUTION NAMING THAT PORTION OF THE FORMER
-- ROCK STREET RIGHT -OF -WAY NORTH OF EAST MARKHAM STREET,
FROM EAST MARKHAM STREET TO THE UNION PACIFIC RAILROAD
RIGHT -OF -WAY BETWEEN BLOCK 1 POPE'S ADDITION AND BLOCK 35
ORIGINAL CITY TO THE CITY OF LITTLE ROCK, TO OTTENHEIMER
PLAZA.
Upon a motion and second by Directors Adcock and Joyce, respectively, the Consent
Agenda was adopted by unanimous voice vote. (Mayor Dailey noted that changing the
name of a portion of Rock Street in the River Market area was in recognition of the
Ottenheimer Foundation for its generous contributions to the River Market. He also
requested that a list of Ottenheimer Foundation contributions be included in the record.
The Ottenheimer Foundation has provided philanthropic assistance to the following
facilities and organizations: Ottenheimer Community Center, UALR Library, UALR Law
Library, UALR Engineering Building, UAMS Center on Aging, UAMS Cancer Research,
Little Rock River Market, Territorial Restoration, Philander Smith College, Arkansas
Children's Hospital, Museum of Discovery, Central Arkansas Library, Arkansas
Aerospace Museum, B'nai Israel, and numerous other small community projects)
Introduced next was ordinance No. 17,842, with the title being:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
RODNEY PARHAM PLANNING DISTRICT FROM SINGLE FAMILY TO
SUBURBAN OFFICE AND SUBURBAN OFFICE TO COMMERCIAL; AND
FOR OTHER PURPOSES;
(Re: Lot 6, Bixler Commercial Addition - Markham Center 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 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, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor
Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2.
Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,843, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE
CODE OF ORDINANCE OF THE CITY OF LITTLE ROCK, ARKANSAS; AND
FOR OTHER PURPOSES;
(Z -6552 - To rezone 18600 Cantrell Road from "R -2" Single Family District to
"O -1" Quiet Office and "O -3" General Office Districts with conditions.)
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, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor
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Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges total 2.
Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,844, entitled:
AN ORDINANCE ESTABLISHING THE RATE OF TAXATION OF
PROPERTY FOR CITY PURPOSES FOR THE YEAR 1999 FOR VARIOUS
FUNDS OF THE CITY OF LITTLE ROCK;
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, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor
Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2.
Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,845, described as:
AN ORDINANCE APPROPRIATING FUNDS AND AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN ENGINEERING SERVICES
CONTRACT WITH THE BENHAM GROUP FOR JERRY, JEROME, &
SHEPARD DRIVES AND MARTIN STREET IMPROVEMENTS, 1998
REVENUE BOND PROJECTS; ($63,828)
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, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor
Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2.
Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,846, with the title being:
AN ORDINANCE APPROPRIATING FUNDS AND AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN ENGINEERING SERVICES
CONTRACT WITH AMI, INC., FOR HARRISON STREET AND VAN BUREN
STREET IMPROVEMENTS, 1998 REVENUE BOND PROJECTS; ($63,800)
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, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor
Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2.
Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,847, entitled:
AN ORDINANCE APPROPRIATING FUNDS AND AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN ENGINEERING SERVICES
CONTRACT WITH LARKIN SOUTHERN, INC. FOR 3RD STREET AND 11TH
STREET IMPROVEMENTS, 1998 REVENUE BOND PROJECTS; ($72,996)
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, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor
Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2.
Whereupon, the Ordinance was declared PASSED.
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The next presentation was Ordinance No. 17,848, described as:
AN ORDINANCE APPROPRIATING FUNDS FOR BARBER STREET
PROPERTIES AND HINSON ROAD AT EL DORADO CULVERT REPAIR, 1998
REVENUE BOND PROJECTS; (Barber Street Properties - $380,000; Hinson /El
Dorado - $50,000)
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, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor
Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2.
Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,849, with the title being:
AN ORDINANCE WAIVING COMPETITIVE BIDS AND AUTHORIZING
THE CITY MANAGER TO ENTER INTO A SERVICE AGREEMENT WITH
MOTOROLA IN THE AMOUNT OF $349,999.64 AS A SOLE SOURCE
PROVIDER OF MAINTENANCE FOR THE CITY'S 800 MHZ RADIO SYSTEM;
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, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor
Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2.
Whereupon, the Ordinance was declared PASSED.
Resolution No. 10,392 was then presented, with the title being:
A RESOLUTION AUTHORIZING AN AMENDMENT TO THE
CONTRACT FOR LEGAL SERVICES WITH CROSS, GUNTER,
WITHERSPOON, AND GALCUS (CGWG) FOR REPRESENTATION OF
MANAGEMENT BEFORE THE CIVIL SERVICE COMMISSION.
Following the reading of the Resolution, Director Adcock moved for its adoption. The
motion was seconded by Director Joyce, and the Resolution was unanimously adopted.
Item 19 on the Agenda was a proposed Ordinance, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE
CODE OF ORDINANCE OF THE CITY OF LITTLE ROCK, ARKANSAS; AND
FOR OTHER PURPOSES;
(Z -6553- To rezone 4000 Asher Avenue from "C -3" General Commercial District to
"C -4" Open Display Commercial District with conditions.)
and the Ordinance was read the first time. Director Adcock requested additional
information - how does this fit in with the revitalization of Asher Avenue, what kind of
buffers and landscaping. Since the applicant was not present to answer questions, the
Ordinance was left on the calendar for second reading on November 2, 1998.
Consideration was then given to Ordinance No. 17,850, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE
CODE OF ORDINANCE OF THE CITY OF LITTLE ROCK, ARKANSAS; AND
FOR OTHER PURPOSES.
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(Z -6552 - To rezone property at the northwest corner of Kanis Road and Bowman
Road from "R -2" Single Family District to "O -3" General Office District [1.1389
acres] and from 11R -2" Single Family District to "C -3" General Commercial District
[10.1266 acres] with conditions.)
Before the staff presentation, Director Keck stated that he served on the Chenal Task
Force and the Kanis Road Task Force. A lot of people have asked where is the plan.
There was a plan for the Chenal area that was presented and accepted by the Board. The
Mayor then charged the Kanis Road Task Force to come back with something specific.
That was presented to the Board earlier this year and there was no consensus on one plan.
After it was initially sent to the Planning Commission and they sent it to us with no
recommendation, we decided to send it back to the Planning Commission. It never came
back to the Board of Directors from the Planning Commission because they didn't think
they needed to review it. When it was initially presented to the Board, it was very
detailed and very descriptive in words, but there were no illustrations. Director Keck
said he met with City Manager Cy Carney, Planning Director Jim Lawson, and others
yesterday to discuss the different plans. There is going to be something presented to the
Board to have a finalized plan for Kanis Road, hopefully in the next two or three weeks.
Director Kelly said there had been a major change in the membership of the Planning
Commission since its initial review of the plan and thought there might be a change in the
vote. Director Keck said right now the plan for Kanis Road from Shackleford Road out
to Chenal Parkway is for it to be five lanes, undivided, and for the developer to build the
road in those sections. The Task Force and the Kanis Road Group both did not want
that, but if we don't put something in place that talks about an Overlay District, and
changes in the Master Street Plan and Land Use Plan, some of the things that are going to
start are going to be significantly different than what was desired. Public Works Director
Chandra Wallar said the developers are wanting closure - to know what the City is going
to want. In making the staff presentation, Mr. Lawson said when this zoning request
came in there was a debate as to whether or not it met the Land Use Plan, since the LUP
showed mixed office commercial. The City did not want commercial at the corner of
Bowman and Kanis because that would start a string of commercial down Kanis Road.
Mr. Lawson said the applicant has gone the extra mile by agreeing to have a "no building
area" at the corner and to limit the turn on Kanis to right -out only. The site plan has not
been approved. Mr. Lawson said he did not have a problem with the corner being a
parking lot, but he did have a problem with it being a commercial building site. During
the lengthy discussion from 6:45 o'clock to 8:00 o'clock P.M. issues mentioned were
setback, overlay, landscaping. There were some concerns expressed regarding the site
plan shown as Attachment A to the Ordinance. Mr. Dickson Flake, representing the
owners, explained the proposal and responded to questions by the Board. He said the
reason for the "C -3" zoning is because this will be platted in separate ownerships with a
parking lot in common. Mr. Flake offered to limit the uses to "C -2" and to extend the
area at the corner from 150'x 150' to 300'x 150' which takes it over to the first driveway.
Mayor Dailey asked if there is a willingness to restrict sign heights. Mr. Flake said the
applicant would have to comply with the sign ordinance. Director Cazot moved to amend
the Ordinance to add two further restrictions - that the C -3 classification be limited to C -2
uses and that the no- building area on the corner be limited to 150 feet on Kanis by 300
feet on Bowman Road. City Attorney Tom Carpenter then suggested changes to the
Ordinance as follows. "The two subparagraphs listed in Section 2 be made (A) and (B),
with (A) changed to 300 ft. by 150 ft. for the no- building area; add (C) the uses on this
property will be only those permitted by "C -2" zoning classification, and (D) Attachment
A is not a site plan and, except for commitments contained in (A), (B) and (C) above, is
offered for illustration purposes only. " Director Cazort moved to amend the Ordinance
as stated by Mr. Carpenter. The motion was seconded by Director Kumpuris, and
unanimously adopted. Mr. Bob Wilson, whose family owns 600 -700 acres in this area,
said the information he received is that this particullar intersection is going to be
improved very quickly, but only partially because there is not a final plan. He urged the
City to wait for the full plan which is being prepared by Mehlburger Engineers. The
Ordinance, as amended, 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 nine in number and two- thirds or more of the members of
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the Board of Directors. At the request of Director Adcock, City Manager Cy Carney
explained that the Mehlburger Firm has been hired to profile the issues of lane width,
number of lanes, divided or not divided, median, etc., and the report should be completed
in less than thirty (30) days. Director Kelly expressed frustration and resentment that
this was before the Board, stating it is not coming in the right sequence and the timing is
terrible. Mr. Carney explained that the zoning request came from the developer through
the normal process. Responding to a question by Director Wyrick, Mr. Lawson said he
expected the Mehlburger Firm to have the Kanis Road Study completed in about three
weeks. Following the discussion, a roll call vote was taken on the question, Shall the
Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Cazort,
Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 8; Noes - Director
Keck - total 1; Absent - Directors Wilson and Hodges - total 2. Therefore, the Ordinance,
as amended, was declared PASSED. (See discussion related to Items 21 and 22 below.)
At 8:00 o'clock P.M. Mayor Dailey declared a ten minute recess. The Board of
Directors reconvened at 8:22 o'clock P.M. with Mayor Dailey presiding and eight
Directors present. (Directors Wilson and Hodges were absent.)
Director Adcock moved to defer Item 34 until November 2, 1998, because the
parties involved have not been notified. The motion was seconded by Director Wyrick
and unanimously adopted. Therefore, no action was taken on the proposed Ordinance
entitled: "AN ORDINANCE TO AMEND LITTLE ROCK, ARK. REV. CODE
SECTION 34 -38(8) (1988) TO REQUIRE THAT TAXICAB OPERATORS, AS A
PART OF THEIR FRANCHISE REQUIREMENTS, PROVIDE THE CITY WITH
DETAILED INFORMATION ABOUT CLAIMS; AND FOR OTHER
PURPOSES."
Items 21 and 22 were listed on the Agenda as Resolutions regarding overlay on
trees along Kanis Road and a moratorium on excavations along Kanis Road, respectively.
However, there was one Ordinance presented that dealt with both issues. The proposed
Ordinance was entitled:
AN ORDINANCE TO LIMIT THE EXCAVATION OF PROPERTY
ALONG THE KANIS ROAD CORRIDOR FROM RODNEY PARHAM ROAD TO
CHENAL PARKWAY; TO PRESERVE CERTAIN TREES AS A PART OF
REDEVELOPMENT; TO DECLARE THE CITY'S INTENT TO ALLOW
DEVELOPMENT ONLY WITH CERTAIN CONDITIONS UNTIL A KANIS
ROAD SCENIC OVERLAY IS PRESENTED FOR CONSIDERATION; TO
DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
(See discussion related to Ordinance No. 17,850 above) Mr. O. C. "Rusty" Sparks
said that he came to the Board in March, 1997, and expressed concerns about the visual
representation and visual orientation of the Kanis Road report being done by the Kanis
Road Task Force. He said the committee asked for guidance as to visual representation
and visual orientation and requested money to develop tools to put those written words
into graphics to communicate in a visual fashion, but never received a response. Now the
point has been made that there were no illustrations in the report. Mr. Sparks said a
moratorium is good, but it will only work if the City is serious about a design overlay
district that really works. He said the Board directed that a single proposal be prepared
and it was prepared, but he did not know why it was not presented to the Board of
Directors. Mr. Sparks concluded by stating that he did believe that a road design and a
overlay district are crucial to the future design of the construction in that area. Mrs. Ruth
Bell, representing the League of Women Voters of Pulaski County, spoke in support of
the Ordinance. Mrs. Dottie Funk, co -chair of the Task Force that is going to address the
landscaping, tree buffers and excavations along city streets, said it will take a long time to
develop some really good Ordinances, and she supported any stop -gap measures the
Board takes. The Ordinance was then read the first time. There was a motion by Director
Adcock, seconded by Director Kelly, to suspend the rules and place the Ordinance on
second reading. A roll call vote was taken on the motion as follows: Ayes - Directors
Hinton, Joyce, Kelly, and Mayor Dailey - total 4; Noes - Directors Cazort, Keck,
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Wyrick, Kumpuris, and Adcock - total 5; Absent - Directors Wilson and Hodges - total 2.
The motion failed to receive the required eight votes; therefore, the Ordinance was left
on the calendar for second reading on November 2, 1998. (Director Kumpuris said
that his intention is that in four weeks we have a recommendation to be considered.
Director Keck stated that at the November 11, 1998, Agenda Meeting we will have a
presentation from staff that includes the Mehlburger Firm, the Kanis Group, and the
Chenal Task Force.)
A public hearing had been scheduled for this time and place by Resolution No.
10,365, adopted October 6, 1998, on the petition filed by Robert Brown, Development
Consultants, Inc. on behalf of Alltel Corporation, to vacate and close a portion of
Cottondale Lane in the Riverdale Addition of the City of Little Rock. The notice of
hearing was published in the Daily Record on October 14, 1999, and October 20, 1999.
Mayor Dailey declared the public hearing open at 8:40 o'clock P.M. No one was present
who wished to speak on the issue. Mayor Dailey closed the public hearing and Ordinance
No. 17,851 was presented, described as:
AN ORDINANCE VACATING AND CLOSING A PORTION OF
COTTONDALE LANE IN THE RIVERDALE 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 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, Cazort, Keck, Joyce, Wyrick,
Kumpuris, Kelly, Adcock, and Mayor Dailey - total 9; Noes - None; Absent - Directors
Wilson and Hodges - total 2. Therefore, the Ordinance was declared PASSED.
A public hearing had been scheduled for this time and place by Resolution No.
10,366, adopted October 6, 1998, on the petition filed by Tom McMillan of Garver &
Garver Engineers, on behalf of the University of Arkansas Medical Sciences (UAMS), to
vacate and close a portion of Elm Street in Block 12 of Plateau Addition of the City
of Little Rock. The notice of hearing was published in the Daily Record on October 14,
1999, and October 20, 1999. Mayor Dailey declared the public hearing open at 8:42
o'clock P.M. No one was present who wished to speak on the issue. Mayor Dailey
closed the public hearing and Ordinance No. 17,852 was presented, with the title being:
AN ORDINANCE VACATING AND CLOSING A PORTION OF ELM
STREET BETWEEN FOURTH AND FIFTH STREETS IN BLOCK 12,
PLATEAU 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 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, Cazort, Keck, Joyce, Wyrick,
Kumpuris, Kelly, Adcock, and Mayor Dailey - total 9; Noes - None; Absent - Directors
Wilson and Hodges - total 2. Therefore, the Ordinance was declared PASSED.
A public hearing had been scheduled for this time and place on the petitions filed
by Attorney Walter McSpadden on behalf of property owners, praying that a municipal
improvement district be established pursuant to Ark. Code Ann. Title 14, Chapter 88, to
be known as "St. Charles Municipal Lighting Improvement District No. 1 of Little
Rock, Arkansas." The notice of hearing was published in the Arkansas Democrat
Gazette by Mr. McSpadden. Mayor Dailey declared the public hearing open at 8:45
o'clock P.M. No one was present to speak either for or against the issue. Mayor Dailey
closed the public hearing and consideration was given to Ordinance No. 17,853, entitled:
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Minutes
October 20, 1998
AN ORDINANCE ESTABLISHING THE ST. CHARLES MUNICIPAL
LIGHTING IMPROVEMENT DISTRICT NO. 1 OF LITTLE ROCK,
ARKANSAS; DECLARING AN EMERGENCY; 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 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, Cazort, Keck, Joyce, Wyrick,
Kumpuris, Kelly, Adcock, and Mayor Dailey - total 9; Noes - None; Absent - Directors
Wilson and Hodges - total 2.
The Emergency Clause contained in Section 4 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Hinton, Cazort, Keck,
Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 9; Noes - None;
Absent - Directors Wilson and Hodges - total 2. Whereupon, the Ordinance, together
with the Emergency Clause, was declared PASSED.
At 8:45 o'clock P.M. City Manager Cy Carney made his activity and project
report, which consisted of an update on economic development, the Mosaic Templars
building, Neighborhood Connection, United Way contributions, and taxicab driver
training.
At the time allotted for Citizen Communications, the only speaker was Mr.
Peter Ugwu, 1701 E. Roosevelt Road, who claimed the City is holding his revenues in
the amount of nine hundred zillion dollars owed to him by CIA, FBI, Arkansas State
Police, Harvard University, and Majestic Mattrice Company. He wants the City to
release the funds. City Manager Cy Carney said his staff has met with Mr. Ugwu and
will provide a report to the Board.
There being no further business to be presented, the Board of Directors adjourned
at 8:57 o'clock P.M. to meet again in regular session on Tuesday, November 2, 1998, at
6:00 o'clock P.M.
ATTEST: APPROVED:
City Clerk Robbie Hancock ayor Jim Dailey
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