12-01-98Wei
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
December 1, 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, Joyce, Wyrick,
Kumpuris, Kelly, and Adcock - total 8; Absent - Directors Hodges and Keck - total 2.
(NOTE: Director Wilson was present via telephone and cable television pursuant to
Ordinance No. 17,854.)
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 Director Cazort, followed by the Pledge of
Allegiance.
Mayor Dailey announced that since two people had registered to speak on Item 9
regarding donations of land for use by the Parks & Recreation Department, that
Item would be removed from the Consent Agenda, and be considered immediately
thereafter. (See Resolution No. 10, 422 after Consent Agenda)
Item 24 was deferred until December 15, 1998, since it requires an interlocal
agreement between the City and the Little Rock School District for a Revenue Collector.
Therefore, no action was taken on the proposed Resolution entitled: "A
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
SERVICE CONTRACT WITH THE LITTLE ROCK SCHOOL DISTRICT FOR
A REVENUE COLLECTOR."
The 1998 Annual Report and 1999 Budget Proposal of the MacArthur Military
History Museum Commission was presented by Mr. Craig Rains, Vice Chair of the
Commission. The Commission is dedicated to honoring Arkansans who are serving or
have served in the military. The Commission was able to occupy the Arsenal Building in
MacArthur Park early in 1998 when the Arkansas Museum of Science and History moved
to the Terminal Building on East Markham Street. The Commission is currently
searching for an Executive Director /Administrator.
The Fire Department Combat Challenge Team presentation was deferred until
a later date.
Consideration was then given to the Consent Agenda which consisted of the
following:
(1) The Abstract of Votes of the General Election held November 3, 1998 on
the election of Mayor, six (6) City Directors, and Municipal Judge Third Division. (To
be received and filed.) (Mayor Jim Dailey, City Directors Johnnie Pugh (Ward 1), Willie
Hinton (Ward 2), Larry Lichty (Ward 3), Michael Keck (Ward 5), Genevieve Stewart
(Ward 6), and B. J. Wyrick (Ward 7); and Judge David Stewart.)
(2) The Little Rock Municipal Water Works 1997 Annual Operations and
Financial Report. (To be received and filed.)
(3) Resolution No. 10,415, entitled:
A RESOLUTION SETTING A DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE THE ALLEY IN BLOCK 126 OF JOHN
BARROW ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS.
(December 15, 1998)
(4) Resolution No. 10,416, described as:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS SETTING THE DATE OF HEARING ON
THE PETITION TO VACATE, CLOSE, AND ABANDON THE ALLEY
SITUATED IN BLOCK 39, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS
AND PRESCRIBING OTHER MATTERS PERTAINING THERETO. (December
15, 1998.)
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December 1, 1998
(5) Resolution No. 10,417, with the title being:
A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY
CLERK TO EXECUTE A DEED DEDICATING A STRIP OF LAND ON SCOTT
STREET BETWEEN SECOND AND THIRD STREETS FOR USE AS A PUBLIC
STREET.
(6) Resolution No. 10,418, entitled:
A RESOLUTION TO ALLOW CONTINUED TIME FOR THE
CREATION OF A SOUTH UNIVERSITY AVENUE REDEVELOPMENT
DISTRICT FROM INTERSTATE -30 TO ASHER AVENUE; AND FOR OTHER
PURPOSES.
(7) Resolution No. 10,419, described as:
A RESOLUTION AMENDING RESOLUTION NO. 10,277 (MAY 19,
1998) TO INCLUDE COMMUNITY LIVING, INC., IN THE AGREEMENT
WITH ARKANSAS ENTERPRISES FOR THE DEVELOPMENTALLY
DISABLED (AEDD) TO PROVIDE $136,000 IN HOME FUNDS TO
CONSTRUCT TWO STRUCTURES IN THE 2000 BLOCK OF ALDERSGATE
ROAD.
(8) Resolution No. 10,420, with the title being:
A RESOLUTION APPOINTING WRIGHT, LINDSEY, &
JENNINGS AS BOND COUNSEL FOR THE PROPOSED CENTRAL LIBRARY
SYSTEM CAPITAL IMPROVEMENT REVENUE BOND ISSUE, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGAGEMENT
LETTER.
(9) Removed from Consent Agenda and considered separately. (See
Resolution No. 10,422 below)
(10) Resolution No. 10,421, entitled:
A RESOLUTION TO APPROVE THE PURCHASE OF 1000 EAST
MARKHAM STREET FOR $1,835,000 COMPRISED OF SEVERAL LOTS IN
BLOCK 15 AND 16 OF 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.
Upon a motion and second by Directors Hinton and Adcock, respectively, the Consent
Agenda was adopted by unanimous voice vote of the Board Members present. (Note:
Director Joyce recused on Item 7 -Resolution No. 10, 419.)
Introduced next was Item 9 which was removed from the Consent Agenda, being
Resolution No. 10,422, described as:
A RESOLUTION TO ACCEPT THE DONATION OF PROPERTY FOR
USE BY THE PARKS AND RECREATION DEPARTMENT AND AUTHORIZE
THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY
DOCUMENTS. (NATURE CONSERVANCY DONATION OF 30 ACRES OF
WETLAND NEAR THE FOURCHE BOTTOMS AREA.)
The Resolution as presented and read included two separate properties: (1) a land swap
with Western Hills United Methodist Church for land adjacent to Rock Creek Golf
Course; and (2) Nature Conservancy donation of 30 acres of wetland near the Fourche
Bottoms area. Mrs. Dee White spoke in opposition to the land adjacent to Rock Creek
Golf Course, stating the people need to know what is going on at Rock Creek Park, and
this should be put on hold for several reasons. The area is slated to be cleared and
bulldozed in the interest of building more of a golf course than what already exists there.
Aside from the sensitive environmental aspects of clearing such a large area, the Park is
the site of the original Jewish Country Club called Concordia from the time of
segregation at the turn of the century. There are buildings on the property that are
historically significant and should be preserved. The Commission for Historic
Preservation will be touring the property at 10:30 A.M. on Monday, December 7, 1998.
She asked the Board to put on hold indefinitely any project to change the face of this
valuable property to give the Jewish community time to assess the area. She also referred
to the environmental destruction at Rebsamen Park due to the giant tree trunks lying all
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December 1, 1998
over the ground and huge excavated pits. Mr. Bob East, a member of the Nature
Conservancy, spoke in support of the 30 acres of wetlands being donated to the City's
Fourche Creek Wetlands Program by Mr. & Mrs. Butler through Nature Conservancy.
Director Adcock then moved to separate the two issues by deleting the Western Hills
land swap from the Resolution. The motion was seconded by Director Kelly and
unanimously adopted. The Resolution, as amended, was then adopted by a unanimous
voice vote of the Board Members present.
At the time allotted for Citizen Communications, the first speaker was Mr. Herb
Rule, 7201 "M" Street, a member of the "M" Street Neighborhood Association. (Several
residents of "M" Street were present.) Mr. Rule filed a petition with Mayor Dailey from
the "M" Street Neighborhood Association, asking the Board to include "M" Street as
part of the "N" Street Project, stating the Public Works officials have estimated that
"M" Street can be curbed, guttered and paved for only $140,000 more by doing it at the
same time with the same contractor and engineer, to solve the problem of flooding on
"M" Street. "N" Street is presently under construction from Georgia to Florida and
Florida Street from "N" to "M" Streets for street and storm drainage improvements.
Other speakers were Alma Lancaster - 7200 "M" Street; Tim Lum - 7316 "M" Street;
Lillian Freeman 7204 "M" Street; Lena Doyle - 7205 "M" Street; Allen Smith - 7218
"M" Street. Mayor Dailey asked City Manager Cy Carney to provide a report to the
Board and to the "M" Street residents.
(Director Hodges enrolled at 6:30 o'clock P.M.)
The next speaker during Citizen Communications was Christy Dillman with
Metro Towing, who addressed the Board regarding the wrecker service rotation list.
Mr. Ronald Colby needed Metro Towing to loin with him in order to be big enough to
participate in the wrecker service rotation, but he was disqualified. City Attorney Tom
Carpenter explained that the bid specification required that certification be in place on the
date of the bid. That was not the case and this particular company was disqualified
because the license that the State grants is not transferable. Metro Towing was certified
but Mr. Colby was not. Mayor Dailey asked City Manager Cy Carney to meet with Mr.
Colby and Ms. Dillman and report to the Board.
Mrs. Kathy Wells, President of the Downtown Neighborhood Association, was
the next speaker during Citizen Communications. She read a prepared statement in
which she referred to the November 17, 1998 Resolutions directing City staff to create
plans by which Targeted Neighborhood Enhancement Areas would be established in
the Central Business District and the Philander Smith College Area. They left out
something important - the neighbors. Residents of the Downtown Neighborhood
Association want to join this process. She urged the Board to reconsider the limits in
those Resolutions. (See Resolutions No. 10,406 and 10, 407.)
The last speaker during Citizen Communications was Mr. Searcy Ewell who
spoke for the continuation of night bus service. He presented a petition to Mayor
Dailey, urging the Board to keep the Central Arkansas Transit Authority (CATA) buses
running at night.
A public hearing had been scheduled for this time and place by a motion adopted
on November 17, 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). The appeal was filed by Mr. Jeff Jenkins, who asked that the Board of Directors
rescind the Planning Commission's approval of the Conditional Use Permit. Mayor
Dailey declared the public hearing open at 6:48 o'clock P.M. The first speaker was Mr.
Mike Kumpuris, president of Westwood Neighborhood Association, who stated that
residents do not want a manufactured house adjacent to their neighborhood, much less in
the neighborhood. He asked the Board to deny the request for a manufactured house in
the neighborhood. Mr. Bruce Wilson, speaking on behalf of his mother, Ruth Wilson,
spoke in support of the manufactured housing. Ms. Madeline Denton, 4825 Stagecoach
Road, also spoke in support of the manufactured housing. She said she had originally
planned to build a home on the property, but her company transferred her to Conway.
She then decided to put a modular home on the property. Mr. Jenkins has a manufactured
home on his property, so she didn't understand why he opposed her proposal. Mr. Jim
Lawson, Director of Planning and Development, explained the request for the
manufactured home and the reason for Staff s support. He stated the request is to put a
manufactured home at the end of Susie Lane; the applicant would actually have to extend
the street to get to the house. Mr. Jeff Jenkins, who filed the appeal, lives in a
manufactured home across the street. Staff looked at the area, taking into consideration
that there is a manufactured home across the street, and this manufactured home will be
in a wooded area, about 1,000 feet from the Westwood area. The concern of the
neighborhood is that this is just the first step to becoming a trailer park. Staff does not
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believe that one manufactured home in the woods there would have a detrimental impact.
In response to a question by Mayor Dailey regarding legal implications, City Attorney
Tom Carpenter said that denying the use of a manufactured home in an area that is
otherwise deemed appropriate under the City's zoning laws simply because it is a
manufactured home is the type of thing that could lead to a successful fair housing act
complaint against the City because federal law prohibits that type of discrimination.
However, if there is a neighborhood plan being developed and the Board is concerned
about seeing the ultimate result of that plan, and there are some concerns about altering
that plan, then the Board in its discretion could refuse this request for a Conditional Use
Permit. Mayor Dailey declared the public hearing closed at 6:58 o'clock P.M. and
Resolution No. 10,423 was presented, with the title being:
A RESOLUTION RESCINDING THE LITTLE ROCK PLANNING
COMMISSION'S ACTION IN APPROVING A CONDITIONAL USE PERMIT
FOR A MULTI - SECTIONAL MANUFACTURED HOME TO BE LOCATED AT
9205 SUSIE LANE (Z- 6568).
Following the reading of the Resolution, Director Cazort moved for its adoption. The
motion was seconded by Director Joyce, and the Resolution was adopted by the
following roll call vote: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly,
Adcock, Wilson, Hinton, Hodges, and Mayor Dailey - total 10; Noes - None; Absent -
Director Keck - total 1.
Introduced next was Ordinance No. 17,878, with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND
FOR OTHER PURPOSES;
(Z- 4463 -A - To rezone property located at 8100 West Markham Street from "C -1"
Neighborhood Commercial 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 Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges and
Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Whereupon, the
Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,879, described as:
AN ORDINANCE RECLASSIFYING PROPERTY 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 -6567 - To rezone property located at 4705 South University Avenue from "C -3"
General Commercial District to "C -4" Open Display 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 Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges and
Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Whereupon, the
Ordinance was declared PASSED.
Item 14 on the Agenda was a proposed Ordinance, entitled:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
ELLIS MOUNTAIN DISTRICT FROM MULTI - FAMILY TO SUBURBAN
OFFICE; AND FOR OTHER PURPOSES;
(Re: Z -6576 - NE /NW corners of Kanis and Point West.)
and the Ordinance was read the first time. The Ordinance was left on the calendar for
second reading on December 15, 1998, as requested by Director Keck who was absent.
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Item 15 on the Agenda was a proposed Ordinance, described as:
AN ORDINANCE RECLASSIFYING PROPERTY 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 -6576 - To rezone properties located at the northwest and northeast corners of
Kanis Road and Point West Drive from "MF -18" Multi- family District to "0-1"
Quiet Office District, with height limitation.)
and the Ordinance was read the first time. The Ordinance was left on the calendar for
second reading on December 15, 1998, as requested by Director Keck who was absent.
Consideration was then given to Ordinance No. 17,880, entitled:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
I -430 DISTRICT FROM MULTI FAMILY TO MIXED OFFICE COMMERCIAL;
AND FOR OTHER PURPOSES; (Labette 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 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 Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges and
Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Whereupon, the
Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,881, described as:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
65TH STREET WEST DISTRICT FROM SUBURBAN OFFICE TO MIXED USE;
AND FOR OTHER PURPOSES; (Colonel Glenn and I -430)
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 Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges and
Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Whereupon, the
Ordinance was declared PASSED.
A public hearing had been scheduled for this time and place on the petition to
establish the Chenal Valley Municipal Property Owners Multi- purpose Improvement
District No. 7, located at Northfield Drive and Hwy. 10. Mayor Dailey declared the
public hearing open at 7:05 o'clock P.M. No one was present who wished to speak on the
issue. Mayor Dailey declared the public hearing closed and Ordinance No. 17,882 was
introduced, described as:
AN ORDINANCE ESTABLISHING THE CHENAL VALLEY
MUNICIPAL PROPERTY OWNERS MULTI - PURPOSE IMPROVEMENT
DISTRICT NO. 7 OF LITTLE ROCK, ARKANSAS; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES; (Located at Northfield Drive and
Highway 10.)
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being ten in number and two- thirds 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 Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges and
Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1.
The Emergency Clause contained in Section 3 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Cazort, Joyce, Wyrick,
Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 10; Noes -
None; Absent - Director Keck - total 1. Whereupon, the Ordinance, together with the
Emergency Clause, was declared PASSED.
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December 1, 1998
Consideration was then given to Ordinance No. 17,883, entitled:
AN ORDINANCE WAIVING COMPETITIVE BIDDING; AUTHORIZING
THE CITY MANAGER TO ENTER INTO SOLE SOURCE CONTRACTS WITH
ARKANSAS INSTITUTE FOR SOCIAL JUSTICE AND LOCAL UNION 100,
FIRST UNITED METHODIST CHURCH - CHILD DEVELOPMENT CENTER,
UNITED WAY OF PULASKI COUNTY, THE UNIVERSITY OF ARKANSAS AT
LITTLE ROCK, PULASKI TECHNICAL COLLEGE, AND THE UNIVERSITY
OF ARKANSAS FOR MEDICAL SCIENCES /ARKANSAS CENTER FOR
ADDICTIONS (AR CARE) TO PROVIDE WELFARE -TO -WORK SERVICES IN
1999, TO PULASKI COUNTY RESIDENTS; DECLARING AN EMERGENCY;
AND FOR OTHER PURPOSES.
At the request of Director Adcock, City Manager Cy Carney made a brief presentation,
stating that several months ago the City was afforded the opportunity to apply to the
Federal Department of Labor for a competitive grant to use for the Welfare -to -Work
Program. We invited a number of groups that are known service providers to participate
as primary partners along with other groups to help the City package the application.
There was no formal selection process. It is critical to the success of the Welfare -to-
Work Program that the City move forward with all deliberate speed and we need to start
immediately to provide these services. Mr. Rick Colclasure, Director of Community
Programs, responded to questions by Director Joyce. City Attorney Tom Carpenter
noted that Arkansas Institute for Social Justice is the correct name for the entity
listed as Arkansas ACORN. The Ordinance was then read the first time. The rules
were suspended to provide for the second and third readings of the Ordinance by
unanimous vote of the Board Members present, being 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 Cazort, Joyce, Wyrick, Kumpuris, Kelly,
Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 10; Noes - None; Absent -
Director Keck - total 1.
The Emergency Clause contained in Section 4 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Cazort, Joyce, Wyrick,
Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 10; Noes -
None; Absent - Director Keck - total 1. Whereupon, the Ordinance, together with the
Emergency Clause, was declared PASSED.
Item 20 on the Agenda was a proposed Ordinance described as:
AN ORDINANCE AMENDING IN PART ORDINANCE NO. 11,366 TO
PROVIDE FOR LEVYING A FRANCHISE FEE TO BE PAID BY ARKANSAS
LOUISIANA GAS COMPANY FOR THE YEAR 1999; PROVIDING FOR THE
PAYMENT THEREOF;
and the Ordinance was read the first time. The rules were suspended to provide for the
second reading 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. The
Ordinance was left on the calendar for third and final reading on December 15, 1998.
Item 21 on the Agenda was a proposed Ordinance entitled:
AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE
AMOUNT OF FEES AND CHARGES TO BE PAID THE CITY OF LITTLE
ROCK, ARKANSAS BY ENTERGY (FORMERLY ARKANSAS POWER AND
LIGHT COMPANY) AND THE METHOD OF PAYMENT THEREOF
BEGINNING 1999; AMENDING SECTION 9 OF ORDINANCE NO. 11683, AND
FOR OTHER PURPOSES;
and the Ordinance was read the first time. The rules were suspended to provide for the
second reading 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. The
Ordinance was left on the calendar for third and final reading on December 15, 1998.
Item 22 on the Agenda was a proposed Ordinance described as:
AN ORDINANCE LEVYING ADDITIONAL FRANCHISE FEES TO BE
PAID BY SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR
1999; AND PROVIDING FOR THE PAYMENT THEREOF;
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and the Ordinance was read the first time. The rules were suspended to provide for the
second reading of the Ordinance by a vote of 8 ayes, 1 absent (Director Keck), and 2
recused (Directors Wyrick and Wilson), being two - thirds or more of the members of the
Board of Directors. The Ordinance was left on the calendar for third and final
reading on December 15, 1998.
Item 23 on the Agenda was a proposed Ordinance entitled:
AN ORDINANCE FIXING AND IMPOSING THE AMOUNT OF FEES
AND CHARGES TO BE PAID TO THE CITY OF LITTLE ROCK, ARKANSAS
BY ALL COMPANIES THAT PROVIDE INTERSTATE OR INTRASTATE
LONG DISTANCE TELECOMMUNICATION SERVICE, AND ALL BUSINESS
INCIDENTAL TO OR CONNECTED WITH THE CONDUCTING OF SUCH
TELEPHONE BUSINESS IN THE CITY OF LITTLE ROCK, ARKANSAS FOR
THE YEAR 1999; AMENDING SECTION 3 OF ORDINANCE NO. 15,706; AND
FOR OTHER PURPOSES;
and the Ordinance was read the first time. The rules were suspended to provide for the
second reading of the Ordinance by a vote of 8 ayes, 1 absent (Director Keck), and 2
recused (Directors Wyrick and Wilson), being two- thirds or more of the members of the
Board of Directors. The Ordinance was left on the calendar for third and final
reading on December 15,1998.
Introduced next was Item 25, being a proposed Ordinance entitled:
AN ORDINANCE CREATING THE CITY OF LITTLE ROCK,
ARKANSAS EDUCATION FACILITIES BOARD (PULASKI ACADEMY)
PURSUANT TO THE PROVISIONS OF ARKANSAS CODE OF 1987
ANNOTATED, TITLE 14, CHAPTER 137, SUBCHAPTER 1, AND
PRESCRIBING OTHER MATTERS RELATING THERETO.
Responding to Director Adcock's question regarding other cities that have done this type
of financing, City Manager Cy Carney stated that Searcy, Clarksville, and Batesville have
formed similar public facilities boards to issue tax exempt bonds for debt related to
educational projects which were colleges. The City of Little Rock has formed similar
boards for hospital facilities and residential housing facilities. Mr. Walter McSpadden
of Wright, Lindsey & Jennings Law Firm, bond counsel for Pulaski Academy, explained
that the Ordinance would create a public facilities board for the purpose of issuing tax
exempt revenue bonds to finance construction of an early childhood education center on
Denny Road for Pulaski Academy. This particular board is limited to Pulaski Academy.
Mr. McSpadden asked that the Ordinance be read the first time only, but that the
accompanying Resolution be adopted setting a public hearing for December 15, 1999.
(See Resolution No. 10,424 below) Mrs. Ruth Bell, representing the League of Women
Voters of Pulaski County, expressed concern about using public power for the
furtherance of a private educational facility. Mrs. Kathy Wells, 2121 Gaines Street,
spoke in opposition to the Ordinance, stating this is the wrong thing to do because it
sends the wrong message. The City government should be supporting public schools, not
private schools. Mr. Baker Kurrus, a member of the Little Rock School Board, said he
was speaking for himself and not the School Board, and expressed opposition to the
proposed Ordinance. He said it sends a terrible message. The City Board should be
supporting public education. Mr. Ed Stanfield also spoke in opposition, stating this
would be setting a precedent that would be hard to live with. Mr. Jim Lynch expressed
opposition, stating we have a 41 year old struggle that we are carrying on in this City. It
is important that we get full confidence in our system of public education. The adoption
of this policy will send a terrible message to the African- American community. Mr.
Arch McIntosh, head master of Pulaski Academy, spoke in support of the Ordinance.
He emphasized that the citizens of Little Rock will not be paying off these bonds. The
parents of the students at Pulaski Academy will be paying off the bonds through tuition.
Mayor Dailey asked City Attorney Tom Carpenter under what terms is this available to
private schools. Director Cazort wanted to know how this tool can be used by other
industries, not just schools. Director Kumpuris asked if the entity forfeits on the bonds,
who pays. Is there any encumbrance on the City? Mr. Carpenter said the City has no
responsibility, the bonds are secured by the structures that are built. He will provide a
written response to the various questions. Following the discussion, the Ordinance was
read the first time and left on the calendar for second reading on December 15, 1998,
as requested by Mr. McSpadden. (See Resolution No. 10,424 below)
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Consideration was then given to Resolution No. 10,424 described as:
A RESOLUTION TO SET A PUBLIC HEARING ON WHETHER TO
ADOPT A RESOLUTION APPROVING THE ISSUANCE OF REVENUE BONDS
BY THE CITY OF LITTLE ROCK, ARKANSAS EDUCATION FACILITIES
BOARD (PULASKI ACADEMY). (December 15,1998.)
Following the reading of the Resolution, Director Cazort moved for its adoption. The
motion was seconded by Director Kumpuris and the Resolution was adopted by a roll
call vote as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Adcock,
Wilson, Hinton, Hodges, and Mayor Dailey - total 9; Noes - Director Kelly - total 1;
Absent - Director Keck - total 1.
At 7:55 o'clock P.M. Mayor Dailey declared a ten minute recess. The Board of
Directors reconvened at 8:15 o'clock P.M. with Mayor Dailey presiding and nine
Directors present. (Director Keck was absent.)
Item 27 on the Agenda was a proposed Ordinance entitled: "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. The second reading of the Ordinance was deferred to December 15,
1998, as requested by City Attorney Tom Carpenter.
Item 28 on the Agenda was a proposed Ordinance described as:
AN ORDINANCE TO GRANT A FRANCHISE TO APARTMENT
MEDIAWORKS OF ARKANSAS, L.L.C. AS A CABLE SYSTEM PROVIDER
WITHIN THE CITY OF LITTLE ROCK, ARKANSAS; PERMITTING USE OF
CITY RIGHTS -OF -WAY AND AIRSPACE; AND FOR OTHER PURPOSES.
Mr. Bryan Rader, President of Apartment Mediaworks of Arkansas, stated the purpose
of the franchise was to service two apartment communities in Little Rock which are
Shadow Lake Apartments and Bowman Heights, because there are public rights -of -way
within the apartment communities. The other apartment communities they service do not
have public rights -of -way, so no franchise is required. The Ordinance was then read the
first time. The rules were suspended to provide for second reading of the Ordinance upon
a motion and second by Directors Adcock and Joyce, respectively, which was
unanimously adopted by the Board Members present, being ten in number and two- thirds
or more of the members of the Board of Directors. Following the second reading of the
Ordinance, City Manager Cy Carney raised the issue of the five percent (5 %) franchise
fee required by the City since this involves public rights -of -way. He also asked if the
applicant would consider voluntarily paying the five percent (5 %) franchise fee on the
other apartment communities, even though no public right -of -way is involved. Mr. Rader
said the franchise fees are passed on to the consumer. He also said throughout the
southeast where his company operates in no case do they pay a franchise fee on private
property when there is no public right -of -way involved. The Federal Communications
Commission does not require them to do so. City Attorney Tom Carpenter said the gross
receipts should be defined to include all customers of Apartment Mediaworks, and the
City could legitimately require the payment of 5% of gross revenue for use of any of the
City's public streets. Director Kumpuris moved to defer the Ordinance for two weeks
to resolve the issue of the five percent (5 %) franchise fee. The motion was seconded by
Director Adcock and unanimously adopted. Therefore, the proposed Ordinance was left
on the calendar for third and final reading on December 15, 1998.
The next presentation was Ordinance No. 17,884, described as:
AN ORDINANCE TO CLARIFY THAT A BOW IS A WEAPON;
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
City Attorney Tom Carpenter said he received a call from Ms. Sylvia Horton, in response
to a newspaper comment that the City had not received a complaint about deer in yards,
stating that a deer had crashed through her yard and a window in her house because it was
trying to get food in her back yard. Mr. John Spraggins, 819 Robinwood, spoke in
support of the Ordinance, which deals with the discharge of lethal weapons, specifically
cross bows and other high - powered bows, within the City limits. He stressed that this is
not a hunting issue, it is a public safety issue. Bows have devastating killing powers and
threaten the safety of both children and adults in their own back yards. A representative
group of residents in Robinwood, Foxcroft, and River Ridge were present in support of
the Ordinance. He concluded by urging the Board to vote for the ordinance. Mr. Ernie
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Decker, 3401 Ridge Pass Court, said he is a bow hunter, and his main concern was that
this would make it illegal for him to shoot a bow in his own back yard. He expressed
opposition to the way the Ordinance is written. The Arkansas Game & Fish Commission
is getting complaints about the over - population of deer and damage to yards. Mr.
Carpenter said he had looked at language that would allow a person to shoot a bow on
his own property within the City limits for purposes of target shooting provided that
the target is placed in such a way and with such screening that no arrows will
actually leave the property. Director Kumpuris moved to amend the Ordinance as
stated by Mr. Carpenter for practice purposes. The motion was seconded by Director
Hodges and unanimously adopted. Mr. Keith de Noble, speaking in opposition,
expressed another concern. The language of the proposed ordinance describes an
emergency. We do not have an emergency. An emergency constitutes an imminent
threat to human life. He is an outdoor writer and photographer, a nationally certified
archery instructor, and a bow hunter education instructor and has been a bow hunter for
29 years. To his knowledge in 29 years there has been one incident involving two hunters
where there has been an injury because of a bow and arrow. Also to his knowledge there
has been no injury to child, family, friend or government official by a bow hunter
discharging their weapon. He urged the Board to not rush the Ordinance and to work
with bow hunters to draft a compromise. Mr. Marcus Kilburn, representing the
Arkansas Game and Fish Commission, spoke against the Ordinance. He addressed the
public safety issue, stating that deer over population can be a huge problem. Statistics
show that the white tail deer is probably the most dangerous animal in North America
because more people are killed by deer auto collisions than any other animal. He asked
the Board not to pass the Ordinance tonight and give Arkansas Game & Fish Commission
the opportunity to work with staff and residents to come up with some alternative that
would be acceptable to folks. Director Kumpuris said we are not talking about wild life
management; we are talking about hunting in the city limits. Director Cazort said what
we are talking about is making it illegal to discharge a crossbow. Mr. Neil Deininger,
816 Ouachita Circle, a bow hunter, stated the City has a growing deer population, and the
bow is a viable tool for deer management. Four years ago the hot topic was coyotes in
Little Rock and bow hunters did more to control coyotes than anything the City could do.
The same residents complaining about deer hunting today are the same ones that
complained about the coyotes four years ago. It is dangerous for children to be in the
woods and rugged ravines with coyotes and running deer. Bow hunters are not to be
feared; there is no evidence that they are causing any harm or risk to the children. He
didn't feel the Ordinance would be enforceable. He said the real answer to the problem is
for the residents to take time to post the property. Mr. Gary Ingle, 1818 River Heights, a
bow hunter, said his concern was that the City is telling him he can't go into the woods on
his property and shoot his bow. Mr. Day Lay, 2908 Crouchwood, a bow hunter, said
there needs to be an alternative to controlled hunting. He did applaud amending the
ordinance to allow practicing bow shooting in the back yard. Mr. Gerald Dodson
expressed concern about safety at the War Memorial Park archery range. There needs to
be proper back stops because there have been cases of arrows going across the freeway.
Mr. Doug Thompson said there are a lot of options to be considered rather than do or
don't. Mr. Ross Spurloff, Pulaski County Wildlife Officer, said the City's ordinance
prohibiting shooting a gun within the City limits is unenforceable because the Officer has
to see the person shooting the gun. The bow ordinance will also be unenforceable if it is
written the same way. Mr. Kilburn said that the Arkansas Game & Fish Commission is
the only one that can constitutionally regulate hunting. Following comments by Board
members, the Ordinance, as amended, 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. Director Adcock moved to defer the Ordinance for two weeks
to give opportunity for further study. The motion was seconded by Director Wilson.
The motion to defer failed by the following voice vote: Ayes - Directors Wilson and
Adcock - total 2; Noes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Hinton,
Hodges, and Mayor Dailey - total 8; Absent - Director Keck - total 1. Following the third
reading of the Ordinance, a roll call vote was taken on the question, Shall the Ordinance
Pass, as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock,
Hinton, Hodges, and Mayor Dailey - total 9; Noes - Director Wilson - total 1; Absent -
Director Keck - total 1.
The Emergency Clause contained in Section 3 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Cazort, Joyce, Wyrick,
Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 10; Noes -
None; Absent - Director Keck - total 1. Whereupon, the Ordinance, as amended,
together with the Emergency Clause, was declared PASSED.
Mayor Dailey was excused at 9:20 o'clock P.M. and Director Adcock presided
in the absence of Vice Mayor Keck.
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Introduced next was Ordinance No. 17,885, with the title being:
AN ORDINANCE TO REPEAL CERTAIN SECTIONS OF CHAPTER 32
OF THE LITTLE ROCK CITY CODE, REVISED 1998, WHICH HAVE
PARALLEL STATE STATUTES MAKING SUCH CONDUCT UNLAWFUL;
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
(To repeal all traffic offenses defined by ordinance if there is a parallel state statute
that makes the conduct illegal.)
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 Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, and Hodges
- total 9; Noes - None; Absent - Director Keck and Mayor Dailey - total 2.
The Emergency Clause contained in Section 57 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Cazort, Joyce, Wyrick,
Kumpuris, Kelly, Adcock, Wilson, Hinton, and Hodges - total 9; Noes - None; Absent -
Director Keck and Mayor Dailey - total 2. Whereupon, the Ordinance, together with
the Emergency Clause, was declared PASSED.
Item 32 on the Agenda was a proposed Resolution described as:
A RESOLUTION TO REPEAL LITTLE ROCK, ARK. RESOLUTION NO.
6,983 (APRIL 5, 1983) DIRECTING THE CITY MANAGER TO DEPOSIT
FUNDS FOR THE REMOVAL OF OFF - PREMISE SIGNS.
Following the reading of the Resolution, in response to a question by Director Joyce, City
Manager Cy Carney explained this Resolution is a companion to the following budget
ordinance. It will allow the funds that have been accumulating in the billboard removal
account to be used as part of the 1999 Budget. Director Kelly spoke in opposition to the
Resolution, stating this is a repeal of a long standing policy of the Board to remove
billboards from the scenic corridors. By removing the financial basis for removing the
billboards we are in fact reversing our policy on removing billboards. Director Kelly said
several months ago he offered an Ordinance to reasonably do away with billboards;
however, the Mayor offered a Resolution that suggested that some study and research
needed to be done to further explore ways in which we could remove billboards in the
City or what the legal ramifications would be. Director Kelly said he had seen nothing on
that proposal. This Resolution would send the message that we have changed our minds
about removing billboards. Director Kumpuris said this money was dedicated to a
special purpose and he did not feel it could be used for the budget. During the discussion,
Director Cazort moved to postpone the Resolution until after the budget discussion,
and Director Wilson seconded the motion. A roll call vote was taken on the motion as
follows: Ayes - Directors Cazort, Adcock, and Wilson - total 3; Noes - Directors Joyce,
Wyrick, Kumpuris, Kelly, Hinton and Hodges - total 6; Absent - Directors Keck and
Mayor Dailey - total 2. Whereupon, the motion to postpone FAILED. A roll call vote
was then taken on adoption of the Resolution as follows: Ayes - Directors Cazort and
Wilson - total 2; Noes - Directors Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton and
Hodges - total 7; Absent - Director Keck and Mayor Dailey - total 2. Therefore, the
Resolution FAILED.
The last presentation was a proposed Ordinance entitled:
AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR
THE CITY OF LITTLE ROCK FOR THE PERIOD BEGINNING JANUARY 1,
1999, AND ENDING DECEMBER 31, 1999, APPROPRIATING FUNDS FOR
EACH AND EVERY CLASS OF EXPENDITURE THEREIN PROVIDED; AND
DECLARING AN EMERGENCY.
City Manager Cy Carney briefly responded to comments he had received from Board
Members on three specific projects that have raised concern. First, regarding the
$200,000 allocation to the Neighborhood Resource Center, he asked to pull that money
out of the budget until he has the specific dollar amount related to the improvements.
Second, remove the $150,000 from the budget related to the Arkansas Baptist College,
because it is contingent upon City Board approval of a contract arrangement between the
college and HUD, and that has not been finalized and presented to the Board. That
money will be set aside as undesignated match. Three, the $50,000 appropriation related
to Central High Visitors Center and Museum should be designated as a one time only
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appropriation for a specific use; however, the specifics have not been made known yet.
Mr. Carney said he would need additional time to look carefully at the general budget for
a decrease in the operating budget since the billboard funds would not be available due to
the failure of the preceding proposed Resolution. Director Cazort asked Mr. Carney to
discuss with Central Arkansas Transit Authority whether or not an increase in bus fare for
night service is appropriate, what it would generate, and to reduce the City's appropriation
to CATA by the like amount. Director Kumpuris moved to reconvene the meeting on
December 8, 1998 to consider the Budget Ordinance, and that Board Members provide
Mr. Carney with suggestions of where cuts could be made. The motion was seconded by
Director Hodges. (Director Wilson signed off at 9:50 o'clock P.M.) Director Kelly felt
it was important that the Board set down at the table and discuss the budget before any
formal action. The general agreement was that the Board would have a budget work
session before the Agenda Meeting on Tuesday, December 8, 1998. The motion to
reconvene on Tuesday, December 8, 1998, was unanimously adopted. Therefore, the
proposed budget ordinance was deferred to the reconvened meeting on December 8,
1998.
City Manager Cy Carney noted that the Board would also need to consider the
sale of the Wallace Building at the reconvened meeting on December 8, 1998.
There being no further business to be presented, the Board of Directors recessed
at 9:55 o'clock P.M. to reconvene on Tuesday, December 8, 1998, to consider the 1999
Budget and the sale of the Wallace Building.
ATTEST:
City Clerk Robbie Hancock
11
ROVE:
(Tayor Jim Dailey