11-17-98316
Board of Directors Room
City Hall - 500 W. Markham St.
Little Rock, Arkansas
November 17, 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 Wilson, Hinton, Cazort, Keck, Joyce, Wyrick,
Kumpuris, Kelly, and Adcock - total 9; Absent - Director Hodges - total 1. (Note:
Director Wilson was present via telephone pursuant to Ordinance No. 17,854.)
With a quorum present, Mayor Jim Dailey declared the Board of Directors in
session and the proceedings of the meetings are as follows.
The Invocation was given by Director Joyce, followed by the Pledge of
Allegiance.
City Attorney Tom Carpenter announced that Chief Deputy City Attorney Bill
Mann recently was bestowed the IMLA Award for Outstanding National Public
Service by a Municipal Attorney - a long term for City Attorney of the Year in the
entire nation. Mr. Carpenter then presented the plaque to Mr. Mann.
No one was present to make the Brother to Brother PIT Report.
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
September 1, 1998.
(2) A motion to set the date of hearing for December 1, 1998, on the appeal
of the Planning Commission's approval of a Conditional Use Permit for Denton
Manufactured Home at 9205 Susie Lane (Z- 6568). (Appeal filed by Jeff Jenkins)
(3) Resolution No. 10,405, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY
CLERK TO EXECUTE A DEED FOR A SALE OF LOTS 8 AND 9, BLOCK 5,
WEIL'S ADDITION OF THE CITY OF LITTLE ROCK, ARKANSAS TO THE
MUNICIPAL AIRPORT COMMISSION.
(4) Resolution No. 10,406, described as:
A RESOLUTION DIRECTING STAFF TO INITIATE THE
PROCESS OF DESIGNATING THE PHILANDER SMITH NEIGHBORHOOD
AS A TARGETED NEIGHBORHOOD ENHANCEMENT AREA AND TO
DEVELOP THE REQUIRED PLAN. (I- -630 to Broadway and 17th Street to Martin
Luther King Blvd.)
(5) Resolution No. 10,407, with the title being:
A RESOLUTION DIRECTING STAFF TO INITIATE THE
PROCESS OF DESIGNATING THE DOWNTOWN NEIGHBORHOOD AS A
TARGETED NEIGHBORHOOD ENHANCEMENT AREA AND TO DEVELOP
THE REQUIRED PLAN. (Arkansas River to I -630 and I -30 to alley between
Broadway and Gaines Streets.)
Upon a motion and second by Directors Adcock and Joyce, respectively, the Consent
Agenda was adopted by unanimous voice vote.
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(Director Hodges enrolled at 6:12 o'clock P.M.)
There was a motion by Director Cazort to add to the Agenda the three
Resolutions listed on the Agenda Modifications. The motion was seconded by Director
Keck and unanimously adopted. (See Resolutions 10,411, 10,412 and 10,413 below.)
Mayor Dailey noted that Items 16 and 17 were deferred to January 5, 1999 as
requested by the applicant. Therefore, no action was taken on the Ordinances listed as
follows:
(16) Z- 4213 -A - AN ORDINANCE APPROVING A PLANNED
ZONING DEVELOPMENT AND ESTABLISHING A PLANNED
COMMERCIAL DISTRICT TITLED BOEN PLAZA (LOTS 1 AND
2) LONG -FORM PCD, LOCATED AT THE NORTHWEST
CORNER OF COLONEL GLENN AND BOWMAN ROADS.
(17)8 1220 - AN ORDINANCE AMENDING CHAPTER 31 OF
THE CODE OF ORDINANCES PROVIDING FOR A WAIVER OF
SERVICE EASEMENT IMPROVEMENTS FOR BOEN PLAZA
SUBDIVISION LOCATED AT THE NORTHWEST CORNER OF
COLONEL GLENN AND BOWMAN ROADS.
City Attorney Tom Carpenter noted that Item 29 regarding false alarms was
scheduled for second reading. However, there are some internal decisions that need to be
addressed and he requested that the second reading of the Ordinance be deferred to
December 1, 1998. Director Cazort moved to defer Item 29 until December 1, 1998.
The motion was seconded by Director Adcock and unanimously adopted. Therefore, no
action was taken on Item 29, entitled:
(29) 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.
Directors Keck, Wyrick, Kumpuris, Kelly and Adcock recused at 6:15
o'clock before consideration of Item 6 on the Agenda, due to conflicts of interest.
(Director Keck is employed by St. Vincent Infirmary Medical Center, Directors Wyrick
and Adcock are on the Board of Southwest Hospital; Director Kumpuris is a physician,
and Director Kelly's wife is a physician.) (Note: Director Keck expressed dismay that
the proposed health insurance resolution was put back on the Agenda without Board
action) In view of Director Keck's comment, Director Hinton moved to reconsider the
issue of health insurance coverage for City employees for 1999. The motion was
seconded by Director Joyce and unanimously adopted by the Board Members present,
being six in number. (See Minutes of October 20, 1998, November 2, 1998, and
November 10, 1998.) Consideration was then given to Item 6 on the Agenda, being
Resolution No. 10,408 entitled:
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.
City Manager Cy Carney noted that an alternate bid had been submitted with a different
rate and different level of coverage, which was not acceptable since is was submitted after
the bid closing. He then recommended that the contract be awarded to Health Advantage
which was the low, most responsive bidder. Mayor Dailey noted that at the last meeting
Director Hodges suggested that Director Hinton chair a committee to begin looking at
health insurance coverage for City employees early in 1999, since the contract will be for
one year only. Director Hinton said he wanted to make sure that employees have
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something feasible in this package, and after talking to a number of people, it seems there
is something in it for the employees. Mr. David Johnson of United Health Care urged
the Board to consider a dual option by entering into an agreement where there are two
entities that have contracts with all the hospitals in Little Rock and essentially all the
doctors in Little Rock. This could be done at the same exact premium as Health
Advantage without any additional cost to the City or the employee. Mr. Jim Bailey of
Health Advantage said that his company complied with the RFP and 98.5% of the
employees would be able to use the same doctors they are currently using. The
Resolution was then read and Director Hodges moved for its adoption. The motion was
seconded by Director Joyce and adopted by the following roll call vote: Directors
Wilson, Hinton, Hodges, Cazort, Joyce, and Mayor Dailey - total 6; Noes - None; Absent
- Directors Keck, Wyrick, Kumpuris, Kelly, and Adcock - total 5.
(Directors Keck, Wyrick, Kumpuris, Kelly and Adcock re- enrolled at 6:35
O'clock.)
Mr. Jim Lawson, Director of Planning and Development made the staff
presentation on Items 7, 8 and 9, since all three related to Kanis Road. He explained that
Item 7 is an amendment to the Land Use Plan in the Ellis Mountain District, which was
endorsed by the Planning Commission in June, 1998, and to his knowledge there was no
opposition. Item 8 is an amendment to the Master Street Plan for Kanis Road from
Bowman Road to Chenal Parkway to set up the median and four lanes in that corridor in
the 90 ft. right -of way. The first portion of the roadway would still have the five lanes
with the turn lane and this section would have the median. Item 9 is an endorsement of
the overlay concept - which means the Board will direct staff and the Planning
Commission to work on an overlay and come back to the Board in ninety (90) days.
Some people were concerned that the Board was adopting the Mehlburger Plan and the
overlay tonight, but that is not the case. Staff did come up with a preliminary overlay just
for discussion, but will go back through the normal process and work with all the land
owners. This was reviewed by the Planning Commission at its meeting the previous
week. Mr. Dickson Flake expressed concern for what is being considered tonight. There
are a number of issues that have not been given adequate consideration and study. There
hasn't been sufficient time to review the Mehlburger Study dated November 10, 1998.
Some issues related to the Master Street Plan were the intervals between median cuts, the
mixed design of the street from five lanes to four lanes with a median then back to five
lanes; the equitable distribution of the costs, etc. He said he was not opposed to the Kanis
Road design, but he just wanted more consideration. There should be more technical
evaluation and more community involvement. Mr. Wes Smelley, 13701 Kanis Road -
the corner of Asbury and Kanis, said this proposal would take about two- thirds of his
front yard and would be within about 30 feet of his front door where he has lived for 36
years. He said he also did not receive notice of the zoning change. He said he was
violently opposed to the plan as presented because it infringes on the personal rights of
him and his neighbors. Mr. Lawson noted that the overlay is not proposed to be acted on
and that it is a redevelopment proposal only. Mrs. Kathleen Oleson, League of Women
Voters of Pulaski County, said the League is very interested in the City developing in a
deliberate manner. She urged the Board to spend all the time necessary to really get all
the input needed from the citizens. She also urged the Board to place a moratorium if this
is going to be studied for a period of time. She felt the limited curb cuts and limited
median cuts would help to make the divided roadway plan work. Mrs. Dottie Funk
expressed concern about the trees, and urged the Board to save the trees along the street.
Following the lengthy discussion, Director Adcock moved that Items 7 and 8 be
studied with the Kanis Road Overlay and brought back to the Board with a final
plan in ninety (90) days. Director Hodges seconded the motion which was unanimously
adopted. Therefore, no action was taken on the following Ordinances which will be
studied for ninety (90) days along with the Kanis Road Overlay:
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(7) AN ORDINANCE TO AMEND THE CITY LAND USE PLAN
(16,222) IN THE ELLIS MOUNTAIN PLANNING DISTRICT AND
THE I -430 PLANNING DISTRICT ALONG THE KANIS
CORRIDOR FROM SHACKLEFORD ROAD TO CHENAL
PARKWAY, AND FOR OTHER MATTERS.
(8) AN ORDINANCE TO AMEND THE MASTER STREET PLAN
(15,519) FOR KANIS ROAD FROM BOWMAN ROAD TO
CHENAL PARKWAY, AND FOR OTHER PURPOSES.
Item 9 was the next presentation, being Resolution No. 10,409 described as:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK ENDORSING THE CONCEPT OF THE KANIS ROAD
OVERLAYS PREPARED BY THE STAFF AND DIRECTING THE STAFF TO
WORK WITH THE PLANNING COMMISSION AND PROPERTY OWNERS TO
COMPLETE THE TWO OVERLAYS WITHIN 90 DAYS.
(See discussion related to, Items 7, 8, and 9 above) Following the reading of the
Resolution, Director Keck moved for its adoption. The motion was seconded by Director
Adcock and the Resolution was unanimously adopted.
Introduced next was Item 11 being Ordinance No. 17,862, 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;
Mr. Jim Lawson, Director of Planning and Development, stated that the excavation
ordinance will help to preserve the area by not allowing it to be clear cut prior to
development. Mr. Lawson said he did not see that as a major issue. The excavation
ordinance would not conflict with the overlay ordinance, because it has a sunset clause -
when the Kanis Road Overlay ordinance is approved, the excavation ordinance will no
longer be in effect. (See discussion above related to Items 7, 8 and 9) The Ordinance
had been read the first and second times on October 20, 1998, and November 2, 1998,
respectively, with a time frame of six months beginning October 20, 1998, and ending
April 20, 1999. Subsequent to the discussion on Items 7, 8 and 9 which provided for a
ninety (90) day study regarding the Kanis Road issues, Director Adcock moved to
amend the Ordinance to provide for a ninety (90) day time period instead of six
months. The motion was seconded by Director Wilson and unanimously adopted.
Whereupon, the Ordinance, as amended, was 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; Noes - None; Absent - None.
The Emergency Clause contained in Section 9 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Hodges, Cazort, Keck,
Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, and Mayor Dailey - total 11;
Noes - None; Absent - None. Whereupon, the Ordinance as amended, together with
the Emergency Clause, was declared PASSED.
A public hearing had been scheduled for this time and place on the 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. The appeal was filed
by Mr. Richard Norwood owner of the property at 8400 Ferren Lane. (Note: The public
hearing had been rescheduled from October 20, 1998, as requested by Mr. Norwood.)
Mayor Dailey declared the public hearing open at 7:20 o'clock P.M. No one was present
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who wished to speak on the issue. Mayor Dailey declared the public hearing closed and
the proposed Ordinance was introduced, with the title being:
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.)
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings by unanimous vote of the Board Members present, being
eleven 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 - None; Noes - Directors Hodges, Cazort, Keck, Joyce, Wyrick,
Kumpuris, Kelly, Adcock, Wilson, Hinton, and Mayor Dailey - total 11; Absent - None.
Whereupon, Mayor Dailey announced that the Ordinance had FAILED.
The next presentation was Ordinance No. 17,863, 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 -6529 - To rezone 69909 Baseline Road from "R -2" Single Family District to "O-
3" General Office District.)
and the Ordinance was read the first time. The rules were suspended to provide for the
second and thirds readings of the Ordinance by unanimous vote of the Board Members
present, being eleven 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 Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, and
Hinton - total 10; Noes - None; Recused - Mayor Dailey - total 1; Absent - None.
Therefore, the Ordinance was declared PASSED.
Consideration was then given next to Ordinance No. 17,864, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCE OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING
FOR A VARIANCE TO ALLOW A LOT WITH NO PUBLIC STREET
FRONTAGE FOR VILLAGES OF WELLINGTON - PHASE 8 - PRELIMINARY
PLAT (5- 1042 -K) LOCATED ON THE SOUTH SIDE OF WELLINGTON
VILLAGE ROAD AT VILLAGE COMMONS ROAD;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and thirds readings of the Ordinance by unanimous vote of the Board Members
present, being eleven 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 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. 17,865, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING
FOR A WAIVER OF SUBDIVISION ORDINANCE AND MASTER STREET
PLAN RADIUS REQUIREMENTS FOR WELLINGTON VILLAGE (5- 1042 -K);
and the Ordinance was read the first time. The rules were suspended to provide for the
second and thirds readings of the Ordinance by unanimous vote of the Board Members
present, being eleven 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 -
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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. 17,866, with the title being:
AN ORDINANCE REVOKING ORDINANCE NO. 17,735 AND
ESTABLISHING A REVISED PLANNED OFFICE DISTRICT TITLED MARCIE
HEIEN - REVISED SHORT - FORM POD (Z- 2058 -D) LOCATED AT 2121 WATT
STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING
CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE
ROCK; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and thirds readings of the Ordinance by unanimous vote of the Board Members
present, being eleven 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 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. 17,867, entitled:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED DISTRICT- COMMERCIAL TITLED
FAIRFIELD SUITES SHORT -FORM PD -C (Z- 4770 -A) LOCATED AT THE
NORTH END OF MARKHAM CENTER DRIVE, ADJACENT TO INTERSTATE
430 IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36
OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND
FOR OTHER PURPOSES.
and the Ordinance was read the first time. The rules were suspended to provide for the
second and thirds readings of the Ordinance by unanimous vote of the Board Members
present, being eleven 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 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. 17,868, described as:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A REVISED PLANNED COMMERCIAL DISTRICT
TITLE DAIRYLAND - REVISED PCD (LEASE PARCEL #2) (Z- 6318 -A)
LOCATED AT 16,111 CHENAL PARKWAY IN THE CITY OF LITTLE ROCK,
ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF
THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and thirds readings of the Ordinance by unanimous vote of the Board Members
present, being eleven 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 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.
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Introduced next was Ordinance No. 17,869, with the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF DRIVEWAY SPACING REQUIREMENTS FOR
ALLRIGHT L.R., INC., LOCATED AT 800 WEST CAPITOL, LITTLE ROCK,
ARKANSAS;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and thirds readings of the Ordinance by unanimous vote of the Board Members
present, being eleven 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 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. 17,870, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF MASTER STREET PLAN APPROVED FOR CHENAL
PARKWAY FOR CHENAL VALLEY COMMERCIAL PLAT PHASE II (5-867 -
NNN) LOCATED AT SOUTHEAST AND SOUTHWEST CORNERS OF
CANTRELL AND CHENAL PARKWAY;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and thirds readings of the Ordinance by unanimous vote of the Board Members
present, being eleven 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 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. 17,871, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF CUL -DE -SAC LENGTH FOR CHENAL VALLEY PHASE
18 LOCATED ALONG THE SOUTH SIDE OF HWY 10, WEST OF CHENAL
PARKWAY (5- 1221);
and the Ordinance was read the first time. The rules were suspended to provide for the
second and thirds readings of the Ordinance by unanimous vote of the Board Members
present, being eleven 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 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. 17,872, with the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF DRIVEWAY SPACING PROVISIONS FOR BANK OF
LITTLE ROCK LOCATED AT THE NORTHEAST CORNER OF KAVANAUGH
BOULEVARD AND NEWTON STREET;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and thirds readings of the Ordinance by unanimous vote of the Board Members
present, being eleven 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 -
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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. 17,873, entitled:
AN ORDINANCE ASSESSING THE VALUE OF BENEFITS TO BE
RECEIVED BY OWNERS OF EACH OF THE SEVERAL BLOCKS, LOTS AND
PARCELS OF LAND WITHIN THE ST. CHARLES MUNICIPAL LIGHTING
IMPROVEMENT DISTRICT NO. 1 OF LITTLE ROCK, ARKANSAS;
ASSESSING TAXES THEREON; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and thirds readings of the Ordinance by unanimous vote of the Board Members
present, being eleven 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 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. 17,874, described as:
AN ORDINANCE WAVING THE CONSULTANT SELECTION PROCESS
AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH SIMS /GRISHAM/BLAIR, P.A. IN THE AMOUNT OF $58,500 FOR
DESIGN CONSULTANT SERVICES FOR STEPHENS COMMUNITY CENTER;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and thirds readings of the Ordinance by unanimous vote of the Board Members
present, being eleven 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 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. 17,875, with the title being:
AN ORDINANCE APPROVING PARTICIPATION AS A PUBLIC
AGENCY TO CREATE A PUBLIC BODY CORPORATE AND POLITIC TO BE
KNOWN AS THE CENTRAL ARKANSAS LIBRARY SYSTEM; TO
PARTICIPATE IN THE NEW AGREEMENT FOR JOINT COOPERATIVE
ACTION; REPEALING LITTLE ROCK, ARK. RES. NO. 5,850 AND LITTLE
ROCK CITY CODE SECTIONS 16 -26 THROUGH 16 -31; AND FOR OTHER
PURPOSES;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and thirds readings of the Ordinance by unanimous vote of the Board Members
present, being eleven 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 Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, and
Mayor Dailey - total 10; Noes - Director Keck - total 1; Absent - None. Therefore, the
Ordinance was declared PASSED.
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Consideration was then given to Ordinance No. 17,876, entitled:
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 AND
DRIVEWAY RELOCATION REQUIREMENTS OF CONDITIONAL USE
PERMIT FOR BETHEL PRIMITIVE BAPTIST CHURCH (Z- 6114 -A) LOCATED
AT 10912 CHICOT ROAD, LITTLE ROCK, ARKANSAS;
and the Ordinance was read the first time. (Note: The Ordinance as presented also
included a sidewalk waiver.) Public Works Director Chandra Russell made the staff
presentation, explaining the reason for staffs recommendation of denial of the waiver.
This is a proposal to build a church sanctuary and parking lot and was approved by the
Planning Commission on June 26, 1997. The Planning Commission granted a five year
deferral of boundary street improvements, and required a $4,950 contribution to the
planned sidewalk and required that the driveway which is currently located in the
floodway be relocated within two years. That decision was affirmed by the Board of
Directors on August 6, 1997. Subsequent to that, the applicant has come in and requested
that staff review the conditions to see if any items have changed. Staff did not feel there
had been any significant changes, and recommended denial. Director Adcock had a
problem with charging $4,950 for a sidewalk that the City is building with ISTEA funds.
Mrs. Russell said the funding was a 80/20 split and the $4,950 would go toward the City's
20 percent match. If the City does not require driveway relocation, the culvert will not
need to be extended. That is the reason for the sidewalk delay. An existing driveway in
the flood plain is not required to be relocated unless substantial improvements are being
made. In this case, as a part of the Conditional Use Permit, the applicant was required to
pave the driveway which is a substantial improvement; therefore, relocation was required.
Mrs. Wallar also responded to questions by Director Wyrick regarding ditch work, box
culvert, and floodway for the area. Mr. Charles Holladay, representing Bethel Primitive
Baptist Church, said the church incorporated in 1963 and in 1969 purchased four acres of
land at 10,912 Chicot Road. The membership is small and the church has a limited
budget. The church has applied for a building permit to construct a new sanctuary. The
current driveway has been stabilized and built up over the years and is actually two feet
higher than where the City wants the new driveway. Director Adcock noted that
sidewalks are completed to the left and to the right of the Church, but there is no sidewalk
in front of the church. The City put in a temporary sidewalk on the other side of the street
two years ago when the sidewalk construction on Chicot Road started, and the residents
have asked that the temporary sidewalk remain for the benefit of the school children
living in Yorkwood and Deer Meadow. Mrs. Russell said the sidewalk will be
constructed as soon as staff knows whether the Board is going to require relocation of the
driveway and extension of the culvert. Director Cazort asked the effect of waiving the
relocation of the driveway and requiring the sidewalk construction. Mrs. Russell said the
driveway currently has a two year deferral, and the sidewalk will be built as part of the
current sidewalk construction on Chicot. It just depends on whether the applicant pays
the $4,950 or the City pays it. The main point is that the staff needs to know where the
driveway will eventually be located so the City can make the improvements. Following
the lengthy discussion, Director Cazort moved to amend the Ordinance to grant the
waiver for the driveway only. The motion was seconded by Director Hodges and
unanimously adopted. City Attorney Tom Carpenter noted that the Church will need to
get a variance of the FEMA regulations regarding the floodway from the Board of
Adjustment. The rules were suspended to provide for the second and third readings of the
Ordinance, as amended, by unanimous vote of the Board Members present, being eleven
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 Hodges, Cazort,
Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, and Mayor Dailey -
total 11; Noes - None; Absent - None. Therefore, the Ordinance, as amended, was
declared PASSED. Director Kumpuris asked that the Minutes reflect that the Church
congregation understands that leaving this driveway in might put the building in the
flood plain and enhance the danger to the building and that anything that happens is
their liability and not the City's. Mr. Holliday stated the Church accepts that
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November 17, 1998
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responsibility. Responding to a question by Director Wyrick, Mrs. Wallar said the
contractor should be able to proceed immediately to construct the other 200 ft. of
sidewalk, now that the decision has been made on the driveway waiver.
Mayor Dailey declared a ten minute recess at 8:10 o'clock P.M. The Board of
Directors reconvened at 8:25 o'clock P.M. with all Directors present.
The next presentation was Resolution No. 10,410, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH THE LITTLE ROCK BOYS CLUB TO OPERATE A
COMMUNITY BASED PREVENTION SERVICES PROGRAM FOR YOUTH IN
THE JOHN BARROW COMMUNITY. (Not to exceed $50,000 per year - funded
through Children's Trust Fund.)
Ms. Holly Felix, Community Programs Operations Coordinator, explained the process for
awarding the contract and she and Director Kelly responded to questions by Director
Adcock and Director Joyce. 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.
The next presentation was Ordinance No. 17,877, described as:
AN ORDINANCE TO AMEND LITTLE ROCK, REV. CODE SECTION
34 -38 (8) (1998) TO REQUIRE THAT TAXICAB OPERATORS, AS A PART OF
THEIR FRANCHISE REQUIREMENTS, PROVIDE THE CITY WITH
INFORMATION ABOUT CLAIMS; DECLARING AN EMERGENCY; AND FOR
OTHER PURPOSES.
City Attorney Tom Carpenter explained the revisions made to the Ordinance since its first
reading on November 2, 1998, regarding accident claims (see Minutes of November 2,
1998). The Ordinance amends a section of the Little Rock City Code that deals with
taxicab permits and requires accidents be reported to the permitee by the taxicab driver
without delay and the permitee is to report the accidents to the City. Subsection B deals
with any company that decides to secure their insurance requirements under state law by
posting a $50,000 Bond. Under a decision of the Arkansas Supreme Court, it is fairly
clear that that Bond is to be $50,000 per occurrence, so there is a Subsection B
requirement that they also verify that they have increased the amount of the bond on file
to $50,000 per occurrence. Subsection C requires reporting when the claim has been
paid. Subsection E allows companies that maintain commercial insurance with a licensed
company to provide this information on forms provided by their insurance company.
Attorney Ed Adcock, representing Black & White Cab Company, expressed concerns
and reservations about the Ordinance as amended. His understanding was that the
Ordinance was going to be amended simply to require both companies, treating them the
same, to report the date of the claim, the amount of the claim, the date of the settlement or
other adjudication of the claim, and the amount. It now comes back where the two
companies are treated differently for reasons that do not relate to the City's underlying
purpose in effecting this ordinance, and it is unconstitutional to treat these two companies
differently. Mr. Adcock said Black & White does not have a bond filed with the State -
they have filed cash money with the Arkansas Department of Finance and Administration
to be held for the purpose of securing any unpaid judgments. There are no unpaid
judgments against Black & White. Director Cazort urged Mr. Adcock to look at the case
of the Commissioner of Revenue versus Black & White Cab from December, 1986, and
the Arkansas Supreme Court Opinion. Mr. Adcock said the State has advised Black &
White that it is in compliance. Mr. Rich Livdahl, Capitol Cab Company, spoke in
support of the Ordinance as written. Director Keck moved to amend the Ordinance as
explained by Mr. Carpenter. The motion was seconded by Director Hodges and
adopted by a vote of ten ayes and one no (Director Adcock). The rules were suspended
to provide for the second and third readings of the Ordinance, as amended, by a voice
vote of ten ayes and one no (Director Adcock), being two - thirds or more of the members
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November 17, 1998
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 Hodges, Cazort, Keck, Joyce,
Wyrick, Kumpuris, Kelly, and Mayor Dailey - total 10; Noes - Director Adcock - total 1;
Absent - None.
The Emergency Clause contained in Section 3 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Hodges, Cazort, Keck,
Joyce, Wyrick, Kumpuris, Kelly, Wilson, Hinton, and Mayor Dailey - total 10; Noes -
Director Adcock - total 1; Absent - None. Whereupon, the Ordinance as amended,
together with the Emergency Clause, was declared PASSED.
Item 1 on the Addendum was then introduced, being Resolution No. 10,411,
entitled:
A RESOLUTION DECLARING THE INTENT OF THE CITY OF LITTLE
ROCK, ARKANSAS TO MAKE CERTAIN EXPENDITURES TOWARD
CAPITAL IMPROVEMENTS FOR THE CITY PUBLIC LIBRARIES AND TO
REFUND A PRIOR BOND ISSUE FOR THE LIBRARY AND TO REIMBURSE
ITSELF FOR SUCH EXPENDITURES FROM THE PROCEEDS OF REVENUE
BONDS OF THE CITY; AND PRESCRIBING OTHER MATTERS RELATING
THERETO.
Following the reading of the Resolution, Director Adcock moved for its adoption, and
Director Joyce seconded the motion. Director Keck expressed concern that there had not
been any public input into the capital improvement expenditures and asked for a deferral
until Dr. Bobby Roberts, Executive Director of the Central Arkansas Library System,
could make a presentation on the public input process he seeks. City Manager Cy Carney
stated that Dr. Roberts will prepare the details of a refunding package proposal for the
Library Board and the City Board of Directors. This Resolution starts the process and
there is a timing issue. Director Keck felt the citizens need to be aware that things are not
going forward as planned, and the Board of Directors needs to have an opportunity for
input into his plan. The Resolution was then adopted by a voice vote of 10 ayes and 1 no
(Director Keck.)
Item 2 on the Addendum was Resolution No. 10,412, described as:
A RESOLUTION TO APPROVE THE PURCHASE OF 900 EAST
SECOND STREET FOR $825,000 COMPRISED OF SEVERAL LOTS IN BLOCK
5, RUSSELL'S ADDITION TO THE CITY OF LITTLE ROCK, FOR THE
WILLIAM JEFFERSON CLINTON PRESIDENTIAL PARK; AUTHORIZING
THE MAYOR, CITY CLERK AND CITY MANAGER TO EXECUTE ANY
NECESSARY DOCUMENTS; AND FOR OTHER PURPOSES. (Ray Capitol
Properties at 900 East Second Street.)
Following the reading of the Resolution, Director Hinton moved for its adoption. The
motion was seconded by Director Joyce and the Resolution was unanimously adopted.
Item 3 on the Addendum was Resolution No. 10,413, with the title being:
A RESOLUTION DIRECTING THE CITY ATTORNEY TO DRAFT AND
THE CITY MANAGER TO SEEK PASSAGE OF ENABLING LEGISLATION
FROM THE ARKANSAS STATE LEGISLATURE DURING THE 1999
ARKANSAS GENERAL ASSEMBLY SESSION FOR THE PURPOSE OF
GRANTING THE CITY OF LITTLE ROCK THE AUTHORITY TO EXECUTE
A SUBSTANTIALLY EQUIVALENT FAIR HOUSING ORDINANCE.
Following the reading of the Resolution, Director Hinton moved for its adoption. The
motion was seconded by Director Adcock and the Resolution was unanimously adopted.
At 9:05 o'clock P.M. City Manager Cy Carney gave his Activity and Project
Report, which consisted of night bus service reduction update, the Kanis Road Concept
Study Website information; municipal officials accidental death and dismemberment
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Minutes
November 17, 1998
plan; River City Travel Center project at 310 East Capitol Avenue; Public Works
Department quarterly update; and Police Department overtime report.
Director Cazort asked if the City -owned properties included in the delinquent
property tax list in the newspaper were the same seventeen (17) properties listed last
year. City Manager Cy Carney will provide the Board with a report.
Director Keck said that he hoped the City would not be faced with an "either or"
decision when considering the Central Arkansas Transit Authority budget for 1999.
He was concerned that the only option the Board is given is do all of it or none of it. City
Manager Cy Carney said he had encouraged the CATA Board to look at a variety of
options and come to a conclusion as to which one would be of least harm and preserve
the most service. Director Keck asked for information on ridership.
At the time allotted for Citizen Communications; the first speaker was Ms.
Kathy Yarberry, 35 Frankie Lane, who addressed the Board regarding the proposed
reduction in night bus service. She said the night bus service is very necessary for the
work force. She asked the Board to consider the preferred budget of Central Arkansas
Transit Authority and to allow night service to continue.
The next speaker during Citizen Communications was Mrs. Rose Austin. Mrs.
Austin said 700 -800 people ride buses as night and asked the Board to please don't cut the
night bus service. She said night riders would be willing to pay more in order to have the
service. Director Kumpuris suggested that CATA look at a fare increase for night
service. He also asked City Manager Cy Carney to look at the formula used to assess the
various entities' share of funding for CATA.
Director Hinton said he had requests from Broadmoor residents for speed
humps to prevent speeding in that area.
At 9:25 o'clock P.M. the Board of Directors recessed to Executive Session to
consider an appointment to the Little Rock Planning Commission. The Board of
Directors reconvened at 9:45 o'clock P.M. with Mayor Dailey presiding and nine
Directors present. (Director Wilson was no longer in communication by telephone.)
Consideration was then given to Resolution No. 10,414, entitled:
A RESOLUTION MAKING AN APPOINTMENT TO THE LITTLE ROCK
PLANNING COMMISSION. (Robert Lowrey)
Following the reading of the Resolution, Director Adcock moved for its adoption. The
motion was seconded by Director Cazort and the Resolution was unanimously adopted.
There being no further business to be presented, the Board of Directors adjourned
at 9:47 o'clock P.M. to meet again in regular session on Tuesday, December 1, 1998, at
6:00 o'clock P.M.
ATTEST:
City Clerk Robbie Hancock
12
APPROVED:
ayor Jim Dailey
327