01-19-99362
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
January 19, 1999 - 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 Pugh, Hinton, Lichty, Cazort, Keck,
Stewart, Wyrick, Kelly, and Adcock - total 9; Absent - Director Kumpuris - total 1.
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 Keck in the absence of Director Kumpuris,
followed by the Pledge of Allegiance.
Item 11 on the Agenda was deferred until March 2, 1999, upon a motion by
Director Keck, which was seconded by Director Cazort and unanimously adopted. A
letter dated January 19, 1999, from Patrick McGetrick, engineer for the developer,
McShane Corporation, had been filed with the City Clerk requesting deferral of the
McShane Long -Form POD, located on the north side of Kanis Road approximately 1,000
ft. west of Bowman Road. Therefore, the proposed Ordinance titled: "AN
ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND
ESTABLISHING A PLANNED OFFICE DISTRICT TITLED McSHANE LONG -
FORM POD (Z- 4663 -B) was deferred until March 2,1999.
Consideration was then given to the Consent Agenda which consisted of the
following:
(1) Resolution No. 10,455, entitled:
A RESOLUTION SETTING A DATE OF THE HEARING ON THE
PETITION TO VACATE A PUBLIC UTILITY EASEMENT IN LOTS 1R AND
3R OF JOHN B. MAY ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS. (February 2,1999) (1010 S. Taylor Street)
(2) Resolution No. 10,456, described as:
A RESOLUTION TO APPROVE THE EQUAL EXCHANGE OF
APPROXIMATELY A 0.23 ACRE TRACK OF LAND WITH WESTERN HILLS
UNITED METHODIST CHURCH AND TO AUTHORIZE THE MAYOR AND
CITY CLERK TO EXECUTE THE NECESSARY DOCUMENTS. (TO
STRAIGHTEN OUT THE PROPERTY LINE BETWEEN THE WEST LITTLE
ROCK PARK AND THE WESTERN HILLS UNITED METHODIST CHURCH).
(3) Resolution No. 10,457, with the title being:
A RESOLUTION PROVIDING FOR THE INSTALLATION OF
FIRE HYDRANTS WITHIN THE CITY OF LITTLE ROCK FOR THE YEAR
1999; AND FOR OTHER PURPOSES.
(4) Resolution No. 10,458, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT TO SKAGGS UNIFORM
COMPANY FOR THE PURCHASE OF UNIFORMS FOR THE LITTLE ROCK
POLICE DEPARTMENT.
(5) Resolution No. 10,459, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT TO CAPITAL FORD NEW
HOLLAND, INC. IN THE AMOUNT OF $99,287 FOR THE PURCHASE OF ONE
4 -WHEEL DRIVE TRACTOR WITH A BOOM MOWER FOR THE PUBLIC
WORKS DEPARTMENT.
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January 19, 1999
363
Upon a motion and second by Directors Adcock and Hinton, respectively, the Consent
Agenda was adopted by unanimous voice vote.
(Director Kumpuris enrolled at 6:18 o'clock P.M.)
A public hearing had been scheduled for this time and place by a motion adopted
January 5, 1999, on the appeal of the Planning Commission's denial of the request to
amend the Land Use Plan in the Pinnacle Planning District from Single Family to
Service Trades District for 8400 Ferren Lane (LU98- 20 -03). The appeal was filed by
Mr. Richard Norwood. (Note: Due to miscommunication, Mr. Norwood was not
present for the public hearing held on November 17, 1998, and on December 7, 1998, he
filed a request for reconsideration of his appeal. See Minutes of November 17, 1998) At
6:11 o'clock P.M. Mayor Dailey declared the public hearing open. Mr. Norwood made
his presentation, stating he purchased the property in the 1970's for development. He
now has the property paid for and the easement roads are now county roads. He has a
home in the area and his plan was to have a mini - warehouse development at 8400 Ferren
Lane. However, the Planning Commission told him he could not do so. Mr. Jim
Lawson, Director of Planning and Development, made the staff presentation, stating this
is a request for a mini - warehouse with 240 storage units in the extraterritorial zoning area
of the City. The City Land Use Plan shows this area as single family residential. The two
roads to the property have been chip- sealed, but are not the kind to support a mini -
warehouse. He concluded by stating that staff feels the development would have a
negative effect on the area. People rely on the Land Use Plan when building homes in
residential areas. Mr. Lawson then responded to questions by Board Members. Mr.
Norwood asked why Pinnacle Valley Bait Shop was allowed in his community, but his
request for a mini - warehouse was denied. Mr. Lawson said the bait shop was on an
arterial street and the area was designated neighborhood commercial. Mayor Dailey
declared the public hearing closed at 6:26 o'clock P.M. 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;
(LU98 -20 -03 - 8400 Ferren Lane.)
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 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 -
None; Noes - Directors Kumpuris, Kelly, Adcock, Pugh, Hinton, Lichty, Cazort, Keck,
Stewart, Wyrick, and Mayor Dailey - total 11; Absent - None. Whereupon, Mayor Dailey
announced that the Ordinance had FAILED.
Mayor Dailey recognized members of Boy Scout Troop 725 of Winfield United
Methodist Church who were in attendance in order to fulfill a citizenship requirement for
their Merit Badges.
Introduced next was Ordinance No. 17,914, entitled:
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 -6596 - To rezone 1509 Green Mountain Drive [Tract C -1, Rainwood Forest
Addition] from "R -2" Single Family District to "0-3" General Office District.)
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being eleven in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with
the vote recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Pugh, Hinton,
Lichty, Cazort, Keck, Stewart, Wyrick, and Mayor Dailey - total 11; Noes - None; Absent
- None. Whereupon, the Ordinance was declared PASSED.
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January 19, 1999
The next presentation was Ordinance No. 17,915, 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 -6599 - To rezone property located at the northeast corner of Otter Creek and
Stagecoach Roads from "R -2" Single Family District to "C -3" General Commercial
and "OS" Open Space Districts.)
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 eleven in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with
the vote recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Pugh, Hinton,
Lichty, Cazort, Keck, Stewart, Wyrick, and Mayor Dailey - total 11; Noes - None; Absent
- None. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,916, with the title being:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
I -430 DISTRICT FROM SINGLE FAMILY TO OFFICE; AND FOR OTHER
PURPOSES;
(LU98 -11 -04 - 9414 Colonel Glenn Road.)
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 eleven in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with
the vote recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Pugh, Hinton,
Lichty, Cazort, Keck, Stewart, Wyrick, and Mayor Dailey - total 11; Noes - None; Absent
- None. Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,917, entitled:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF DRIVEWAY WIDTH REQUIREMENTS FOR
SILVERWOOD CORPORATION LOCATED AT BROWN AND WEST 32ND
STREET;
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 eleven in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with
the vote recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Pugh, Hinton,
Lichty, Cazort, Keck, Stewart, Wyrick, and Mayor Dailey - total 11; Noes - None; Absent
- None. Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,918, described as:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF DRIVEWAY SPACING FROM PROPERTY LINE
REQUIREMENTS FOR SILVERWOOD CORPORATION LOCATED AT
BROWN AND WEST 32ND STREET;
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 eleven in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with
the vote recorded as follows: Ayes Directors Kumpuris, Kelly, Adcock, Pugh, Hinton,
Lichty, Cazort, Keck, Stewart, Wyrick, and Mayor Dailey - total 11; Noes - None; Absent
- None. Whereupon, the Ordinance was declared PASSED.
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January 19, 1999
Consideration was then given to Ordinance No. 17,919, with the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF THE BOUNDARY STREET IMPROVEMENTS FOR
ARKANSAS ELECTRIC COOPERATIVE CORPORATION LOCATED AT 8000
SCOTT HAMILTON 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 eleven in number and two - thirds or more of the members of the Board of
Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with
the vote recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Pugh, Hinton,
Lichty, Cazort, Keck, Stewart, Wyrick, and Mayor Dailey - total 11; Noes - None; Absent
- None. Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,920, entitled:
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 DESIGN STANDARD REQUIREMENTS FOR ONE AIRPORT DRIVE
SERVING LITTLE ROCK NATIONAL AIRPORT;
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 eleven in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with
the vote recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Pugh, Hinton,
Lichty, Cazort, Keck, Stewart, Wyrick, and Mayor Dailey - total 11; Noes - None; Absent
- None. Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,921, described as:
AN ORDINANCE APPROPRIATING FUNDS IN THE AMOUNT OF
$73,917.16 AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A
LEASE AGREEMENT WITH PULASKI COUNTY UNITED WAY FOR LEASE
OF CERTAIN OFFICE SPACES IN THE MCFADDEN BUILDING AND
ADJACENT PARKING SPACES FOR CDBG AND HOUSING;
ADMINISTRATIVE AND NEIGHBORHOOD PROGRAMS AND
ENVIRONMENTAL COURT FOR ONE YEAR EFFECTIVE MAY 1,1999;
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 eleven in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with
the vote recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Pugh, Hinton,
Lichty, Cazort, Keck, Stewart, Wyrick, and Mayor Dailey - total 11; Noes - None; Absent
- None. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,922, with the title being:
AN ORDINANCE APPROPRIATING FUNDS FOR 31ST STREET,
CENTER & 21ST STREET INTERSECTION, SOUTH COUNTRY CLUB
BOULEVARD DRAINAGE, GEYER SPRINGS ROAD AND CHICOT ROAD
BOX CULVERTS, GILL STREET BRIDGE, KATILLUS ROAD BRIDGE, AND
1999 HANDICAP RAMPS, 1998 REVENUE BOND PROJECTS;
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 eleven in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with
the vote recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Pugh, Hinton,
Lichty, Cazort, Keck, Stewart, Wyrick, and Mayor Dailey - total 11; Noes - None; Absent
- None. Whereupon, the Ordinance was declared PASSED.
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Introduced next was Ordinance No. 17,923, entitled:
AN ORDINANCE TO APPROVE A CONTRACT WITH SHIVA
CORPORATION FOR THE PURCHASE OF CERTAIN COMPUTER
EQUIPMENT; TO WAIVE COMPETITIVE BIDDING; TO DECLARE 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 eleven in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with
the vote recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Pugh, Hinton,
Lichty, Cazort, Keck, Stewart, Wyrick, and Mayor Dailey - total 11; Noes - None; 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 Kumpuris, Kelly,
Adcock, Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, and Mayor Dailey - total
11; Noes - None; Absent - None. Whereupon, the Ordinance, together with the
Emergency Clause, was declared PASSED.
The next presentation was Ordinance No. 17,924, described as:
AN ORDINANCE TO APPROVE A CONTRACT BETWEEN THE
GREATER LITTLE ROCK CHAMBER OF COMMERCE AND THE CITY OF
LITTLE ROCK FOR THE PAINT YOUR HEART OUT PROGRAM WITHIN
THE CITY; TO WAIVE COMPETITIVE BIDDING 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 eleven in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with
the vote recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Pugh, Hinton,
Lichty, Cazort, Keck, Stewart, Wyrick, and Mayor Dailey - total 11; Noes - None; Absent
- None. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,925, with the title being:
AN ORDINANCE AMENDING CHAPTER 8 OF THE 1988 REVISED
LITTLE ROCK CODE OF ORDINANCES, PROVIDING FOR THE ADOPTION
BY REFERENCE OF THE 1999 NATIONAL ELECTRICAL CODE, 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 eleven in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with
the vote recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Pugh, Hinton,
Lichty, Cazort, Keck, Stewart, Wyrick, and Mayor Dailey - total 11; Noes - None; Absent
- None. Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,926, entitled:
AN ORDINANCE TO AMEND LITTLE ROCK, ARKANSAS,
ORDINANCE NO. 16,722 (AUGUST 2, 1994) AND ORDINANCE NO. 17,665
(JANUARY 20, 1998) TO ADD TWO MEMBERS TO THE RACIAL AND
CULTURAL DIVERSITY COMMISSION; TO DECLARE AN EMERGENCY;
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 eleven in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with
the vote recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Pugh, Hinton,
Lichty, Cazort, Keck, Stewart, Wyrick, and Mayor Dailey - total 11; Noes - None; Absent
- None.
The Emergency Clause contained in Section 2 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Kumpuris, Kelly,
Adcock, Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, and Mayor Dailey - total
11; Noes - None; Absent - None. Whereupon, the Ordinance, together with the
Emergency Clause, was declared PASSED.
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Item 7 on the Agenda was a public hearing which had been scheduled for this
time and place by a motion adopted January 5, 1999, on the appeal of the Planning
Commission's approval of a Conditional Use Permit (Z -6571) for 5207 Western
Hills Avenue (new address is 6220 Falls Boulevard). The appeal was filed by Mr.
Ralph Desmarais on behalf of the Sierra Club. Mayor Dailey declared the public
hearing open at 6:40 o'clock P.M. Mr. Bryan Day, Director of Parks & Recreation, made
a slide presentation of the First Tee Golf Learning Center, a facility proposed for the old
Rock Creek Golf Course (5207 Western Hills /6220 Falls Boulevard). He concluded by
recommending that the Board of Directors confirm the Planning Commission's approval
of the Conditional Use Permit. At 7:10 P.M. Mayor Dailey set a twenty minute limit for
opposition to the First Tee Golf Center Conditional Use Permit/support for the Appeal to
be presented. The first speaker was Ms. Dee White, who referred to a film regarding the
park situation to be viewed by the Board of Directors. At her request, fourteen people
stood to acknowledge their support for saving the woodlands at Rock Creek Golf Course.
Ms. White said if we allow the forest at Rock Creek Park to be clear -cut, we will witness
the destruction of Little Rock's top scenic, historic, and environmentally crucial area,
which would truly be an irreplaceable loss. Since there is already a golf course there, the
money could more logically be spent enhancing the existing nine hole golf course without
clearcutting the hardwood forest that slopes down to a lake and wetland. The next
speaker was Mr. Ralph Desmarais, who had filed the appeal on behalf of the Sierra
Club. Mr. Desmarais had distributed copies of his written statement in which he listed
the variety of trees on the 25 -30 acres that would be cut at Rock Creek Golf Course. He
stated the Sierra Club has proposed a program that suits the geography of the area and the
needs of the people of Little rock. The area's natural features make it ideal for urban
garden projects or an arboretum with labeled plans. There are also a few long, south -
facing slopes where passive solar projects could be developed and the existing nine hole
golf course could still be used as a learning facility. There is no need to cut a single tree.
Mr. Steve Gershner, representing Golfworld, was the next speaker. Mr. Gershner said
Golfworld operates a driving range which is almost directly across South University
Avenue from the new proposed entrance to the First Tee facility. The City is using public
funds to subsidize direct competition with his clients business. Corporate sponsors have
not given binding commitment. Little Rock City Code Section 36 -103 requires that a
Certificate of a Licensed Abstractor be placed in the file showing that all property owners
within 200 feet have been notified. His review of the file revealed that this requirement
has not been met and he requested that the City hold back before approval and allow the
issues such as environment, compliance with notice, and the impact on private enterprises
to be more fully explored. Ms. Lori Entenza presented a seven minute video, which she
said presents what she considered to be solid evidence of the misuse of taxpayer funds, a
documenting of the clearcutting and dismantling of existing viable parks and golf courses
while others are in a state of decay. Mr. John Hill, speaking on behalf of the Sierra Club,
said the Sierra Club supports many of the objectives of the program of Golf One, but is
concerned about the environmental impact of this particular plan on this particular piece
of land. Mr. Hyatt Lee said we have too much natural resources and beauty here to go in
and keep stripping it as we have over and over. Director Keck asked if the Sierra Club
had reviewed this proposal as an organization or if those speaking were just members of
the Sierra Club. Mr. Hill said they are members of the Central Arkansas Group. He is
chairperson of Conservation Committee which has reviewed this and taken this position,
as has the Executive Committee of the Central Arkansas Group. The first speaker in
favor of the First Tee proposal was Dr. Charles Williams, who said we need your help in
making sure the First Tee proposal gets off the ground and that our kids have the
opportunity to learn golf. Mr. Mike Kumpuris, representing the Westwood
Neighborhood Association, said the neighborhood was in support of the First Tee
program and the development and expansion of Rock Creek Park. Mr. Rick Mello,
UALR Director of Athletics, said UALR has been very committed in Oak Forest to
provide opportunities and access to youngsters in our community. This will have a
profound impact on youth. Mr. Mello said that UALR golf coaches and student athletes
knowing that resources are what they are, will dedicate their time to serve as teaching
professionals and to assist with the process of helping the program get off the ground
from a manpower standpoint and from an expertise standpoint. Mr. Raymond F.
Harding spoke in support of First Tee. Ms. Karen Proetz, a resident of Western Hills,
stated she was very pleased with the golf learning center. Mr. Jay Fox, Executive
Director of the Arkansas State Golf Association, spoke in support of First Tee, stating it
would have a profound effect on junior golf. The last speaker was Mr. Allen Rainey,
who supported the First Tee program, stating he was for the young people and we need to
do all we can to enhance their lives. Responding to questions by the Board, Mr. Day
stated this course is being designed with kids in mind and we will work with all those that
are in the business to develop partnerships and ways that we can work together. Mr.
Mark Webre of the Parks & Recreation Department responded to a question by Director
Keck by stating that he met with representatives of the Corps of Engineers who looked at
the site and determined that it will not be impacting the wetlands. Public Works Director
Chandra Russell stated that erosion control measures will be required. A great deal of
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this property is in the floodway and floodplain. Mayor Dailey declared the public hearing
closed at 8:08 o'clock P.M. and the proposed Resolution was presented, described as:
A RESOLUTION RESCINDING THE LITTLE ROCK PLANNING
COMMISSION'S ACTION IN APPROVING A CONDITIONAL USE PERMIT
FOR A PHASED DEVELOPMENT OF A GOLF LEARNING CENTER
LOCATED ON THE PROPERTY AT 6200 FALLS BOULEVARD (FORMERLY
5207 WESTERN HILLS BOULEVARD). (Z -6571 - First Tee Golf Learning Center.)
Following the reading of the Resolution, Director Cazort moved for its adoption. The
motion was seconded by Director Hinton. A roll call vote was taken on adoption of the
Resolution as follows: Ayes - Director Kelly - total 1; Noes - Directors Kumpuris,
Adcock, Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, and Mayor Dailey - total
10. Whereupon, Mayor Dailey announced that the Resolution had FAILED.
At 8:10 o'clock P.M. Mayor Dailey declared a ten minute recess. The Board of
Directors reconvened at 8:35 o'clock P.M. with Mayor Dailey presiding and all Directors
present.
Item 8 on the Agenda was a proposed Ordinance, entitled:
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 -6590 - To rezone property located at 1401 East 9th Street from 11I -2" Light
Industrial District to "0-3" General Office District.)
and the Ordinance was read the first time. Mr. Jim Lawson, Director of Planning and
Development, made the staff presentation, stating this is a request to rezone property on
East 9th Street which is in the Industrial Area and is shown as Industrial on the Land Use
Plan. A former warehouse building is already there and will be used for bunk beds, a
chapel and a kitchen. The facility is to be used for establishment of a religious, charitable
or philanthropic organization, including transitional dormitory for those passing through
Little Rock or those seeking employment. Charitable uses are allowed in "0-3" General
Office Districts. Businesses in the area feel like this is an industrial area and people
should not be living there. The Planning Commission's thought was that if you cannot
put a homeless shelter in an industrial area, where are you going to put it. Staff feels like
this is appropriate. In response to a question by Director Wyrick, Mr. Lawson stated this
is not a halfway house, it is a homeless shelter. Director Keck said he had reservations
about changing the use in an industrial area, since there are only a few industrial zoned
areas in the City. Director Pugh said she had received some complaints from the Hanger
Hill area. Mr. Lawson said staff did have some concern about the residential use of the
building, from a building code standpoint. City Attorney Tom Carpenter said the Board
has the authority to impose stricter conditions than those initially sought by the applicant,
but it has to be at the request of the applicant. Director Adcock had questions about the
number of restrooms and whether or not the electrical outlets met code. Mr. Sam Harris,
Jr., representing Firm Foundation Ministries, said he is concerned about getting people
that need help off the street. This is a Christian ministry that helps homeless men and
women get jobs and get their lives and families back together. At the request of a parole
officer, a sex offender did stay there awhile, but the decision has been made that no more
sex offenders will be accepted. Mr. Harris responded to a number of questions by Board
Members. Mr. Bill Steward, President of Mill and Mine Supply Company at 920 Shall
Street, spoke in opposition to the rezoning, stating this area has been industrial forever.
The building occupied by Firm Foundation Ministries has been a sheet metal shop and a
paint distributor. He asked that it be left industrial. Mr. Larry Alman, President of Sol
Alman Company at 1300 East 9th Street, also spoke in opposition to the rezoning.
(Director Lichty was excused at 9:20 P.M.) 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 -
None; Noes - Directors Kumpuris, Kelly, Adcock, Pugh, Hinton, Cazort, Keck, Stewart,
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January 19, 1999
Wyrick and Mayor Dailey - total 10; Absent - Director Lichty - total 1. Whereupon,
Mayor Dailey announced that the Ordinance had FAILED.
(Director Lichty re- enrolled at 9:30 o'clock P.M.)
As a follow up to the previous issue, Director Kelly said the Board really needs to
have a clear idea of where homeless shelters and half -way houses can be placed and
under what conditions, in order to make it less confusing to deal with them. Director
Keck said there are two other categories that the Planning Commission also needs to
address and those are home -based businesses and manufactured housing. Director
Kumpuris felt the Planning Commission should make recommendations to the Board of
Directors on these issues. Director Lichty said there is nothing being done by the City of
Little Rock to address the problem of the homeless. If not here, where? This is part of
the Smart Growth Initiative going on. Director Keck asked that staff work with the
applicant to see where there is an appropriate place.
The next presentation was Ordinance No. 17,927, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF BOUNDARY STREET IMPROVEMENTS FOR J. W.
GRAVES LOCATED AT 12,320 CHICOT ROAD;
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 eleven in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with
the vote recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Pugh, Hinton,
Lichty, Cazort, Keck, Stewart, Wyrick and Mayor Dailey - total 11; Noes - None; Absent
- None. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,928, with the title being:
AN ORDINANCE WAIVING COMPETITIVE BIDS AND AUTHORIZING
THE CITY MANAGER TO ENTER INTO A SOLE SOURCE CONTRACT WITH
FWD CORPORATION- SEAGRAVE FIRE APPARATUS IN THE AMOUNT OF
$38,044 FOR THE REPAIR OF THE AERIAL LADDER TURNTABLE ON
LITTLE ROCK FIRE DEPARTMENT TRUCK NUMBER 82D030;
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 eleven in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with
the vote recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Pugh, Hinton,
Lichty, Cazort, Keck, Stewart, Wyrick and Mayor Dailey - total 11; Noes - None; Absent
- None. Whereupon, the Ordinance was declared PASSED.
Item 24 on the Agenda was a proposed Ordinance entitled:
AN ORDINANCE TO PROVIDE THAT THE PARKS & RECREATION
SYSTEM WILL CONSIST OF A PARKS & RECREATION DEPARTMENT AND
• ZOO DEPARTMENT; TO CREATE THE ZOO DEPARTMENT; TO CREATE
• ZOO BOARD OF GOVERNORS; TO DECLARE AN EMERGENCY;
Mr. Carroll Hargrove, Interim Zoo Director, expressed support for the Ordinance. He
said what is needed now is financial support for the Zoo and he believed that would be
possible under this Ordinance. Mr. Bryan Day, Director of the Parks & Recreation
Department, also spoke in support, stating this will do three positive things: (1) it creates
a Zoo Department and allows the Zoo Director to report directly to the City Manager; (2)
it creates a Zoo Board of Governors; and (3) it creates a single entity in charge. The
Parks Department and other departments will continue to help the Zoo and do whatever
they can to support the Zoo Department until it thrives and becomes an independent
agency. Responding to a question by Director Kumpuris, Mr. Day said the Zoo Budget
for the last four or five years has been about $1.4 million. Mr. Jess Askew, President of
Friends of the Zoo (FOZ), who also served on the Zoo Task Force, spoke in support of
the Ordinance. He said FOZ does need more time to study the proposal. FOZ is made up
of very dedicated people and the question is - what is their role to be? Mr. Bruce Moore,
Assistant to the City Manager, responded to questions by Director Adcock regarding new
employees, by stating it would be necessary to hire four new full time employees for the
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January 19, 1999
Zoo (Administrative Assistant, 2- Maintenance positions, and a Concession Manager)
plus the three employees that are currently paid by FOZ (Marketing Director, Special
Events Coordinator, and a clerical position) which would equate to the revenue of
$250,000 per year and the revenue would suffice for those positions. That revenue will
come from membership fees and gift shop sales. Director Cazort, Chairman of the Zoo
Task Force, then explained that this Ordinance will create a separate Zoo Department and
a Zoo Board of Governors. It does not address any of the issues of the Friends of the
Zoo. Item 25 deals with the FOZ issues. That Resolution deals with two things: (1) it
terminates the contract between the City and FOZ, which in itself returns gift shop money
and certain gate proceeds back to the City; and (2) the hiring of the three employees of
FOZ - when FOZ decides to amend its by -laws. The City is not bound to do anything
until FOZ decides to act first. Following the lengthy discussion from 9:45 o'clock P.M.
to 10:30 o'clock P.M., the Ordinance was read the second time, having been read the first
time on January 5, 1999. Director Cazort moved to suspend the rules and place the
Ordinance on third and final reading, and the motion was seconded by Director Kelly. A
roll call vote was taken on the motion to suspend the rules as follows: Ayes - Directors
Kelly, Hinton, Cazort, and Mayor Dailey - total 4; Noes - Directors Kumpuris, Adcock,
Pugh, Lichty, Keck, Stewart, and Wyrick - total 7; Absent - None. The motion failed to
receive the required eight votes to suspend the rules. Therefore, the Ordinance was left
on the calendar for third and final reading at the reconvened meeting on January
26,1999.
Mayor Dailey announced that Item 25 on the Agenda which was a proposed
Resolution entitled: "A RESOLUTION TO TERMINATE THE AUGUST 15, 1997,
CONTRACT BETWEEN THE CITY AND THE FRIENDS OF THE ZOO, INC.;
TO ACCEPT THE ASSETS OF THE FRIENDS OF THE ZOO, INC., FOR THE
BENEFIT OF THE NEWLY ESTABLISHED ZOO DEPARTMENT; TO
PROVIDE FOR THE CREATION OF THREE NEW POSITIONS FOR THE
ZOO; AND FOR OTHER PURPOSES" would be deferred to January 26,1999 also,
since it is a companion to Item 24.
Ms. Marje Wood, a member of FOZ, said FOZ was not formed to run the Zoo, it
was formed to raise money to support the Zoo.
(Director Adcock was excused at 10:35 o'clock P.M.)
Item 28 on the Agenda was a discussion of legislation regarding coterminous
boundaries of the City of Little Rock and the Little Rock School District. At the
request of Director Kumpuris, Mr. Baker Kurrus, a member of the Little Rock School
Board, spoke as a citizen in support of the coterminous boundaries. He displayed a map
showing the boundaries of the Little Rock School District and the Little Rock City
Limits. When areas are annexed to the City they do not automatically become part of the
Little Rock School District, which leaves two school districts within the City. It makes it
difficult to fairly allocate resources when some schools within the City are actually in the
County School District. He urged the Board to support the proposed legislation. Mayor
Dailey said that six or eight years ago, the City adopted a Resolution to the same effect,
and asked City Attorney Tom Carpenter why something has not happened since then.
Mr. Carpenter stated that essentially Judge Woods initially found that there were inter -
district actions that led to Little Rock having a segregated school district, so he
consolidated the school districts in his original Order back in the mid - eighties. The Eight
Circuit Court reversed that and said it would set the City Limits as the boundary for the
Little Rock School District. The Order that set that was dated June 19, 1986. Judge
Woods did that and went on to say that as the City of Little Rock expanded the Little
Rock School District boundaries would also expand. That ruling was also appealed and
the Eight Circuit said there was no need for that and there was no showing there was a
need for that, and absent any other information before the Court, they would just leave it
there. As the case has progressed with the settlement, and with the dismissal of the
important parts of the desegration issue in the last year or two, the case got kicked back
into a situation in which it benefits from a line of U.S. Supreme Court cases which say
that local decisions need to be left to local governments. He felt that the City is now in
the posture that if the Legislature would adopt a statute that would allow the boundaries
to be coterminous, it could be done and would not require any federal court approval.
Mrs. Ruth Bell, representing the League of Women Voters of Pulaski County, said this is
a great, long over -due action, and endorsed the proposed Resolution. Director Keck was
concerned about the impact on his constituents. At the suggestion of Mayor Dailey,
Director Keck moved to direct the City Attorney to draft legislation and bring it
back to the Board for public discussion. The motion was seconded by Director Lichty
and unanimously adopted.
The discussion on legislation regarding out of state property owners (Item 27)
was deferred until Tuesday, January 26, 1999.
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Minutes
January 19, 1999
Mr. Bruce Moore, Assistant to the City Manager, gave the City Manager's
Activity and Project Report which consisted of the establishment of the Health Care
Review Committee; Landfill update; Curran Hall progress report; approval of the River
Market Livable Communities Concept by the CATA Board; and a summary of
maintenance lists for Ward 1 and Ward 6.
Director Lichty requested that Amber Muldrow (student representative) be added
to the Resolution making an appointment to the Education Commission. Resolution
No. 10, 460, was then presented with the title being:
A RESOLUTION MAKING APPOINTMENTS TO THE EDUCATION
COMMISSION. (Amber Muldrow and Lou Ethel Nauden.)
Following the reading of the Resolution, Director Kelly moved for adoption of the
Resolution. The motion was seconded by Director Keck, and the Resolution was
unanimously adopted.
Director Keck stated that on March 31, 1999, cable TV will no longer be
regulated and asked for an assessment of what that will mean to the rate payers regarding
rates and services in the City of Little Rock. He also had referred to the establishment of
a fiber optics network, stating he had reviewed the 2000 page document and 200 page
summary and is trying to put that in a format that captures all the information and allows
us to see what we can do with it.
At the time allotted for Citizen Communications, the only speaker was Ms.
Sheila Hornibrook, 7320 Amherst Street, who addressed the Board regarding speed
humps /speed bumps on Amherst. There are 19 houses on her street, and 13 people
have signed her petition requesting speed humps on Amherst Street. She said when she
contacted Public Works about the speed humps, she found out she would have to come
before the Board to request the speed humps because of recent Board action. Therefore,
she was requesting the Board to approve the installation of speed bumps on Amherst
between Mississippi and McAdoo. Director Kumpuris was concerned because
ambulance drivers say they can't respond quickly to emergency calls because of the
proliferation of speed humps/bumps. Fire trucks also have trouble getting over them.
There is also the issue of the cost of $3500 for each speed hump. Mr. Moore reported
that City Manager Cy Carney has directed staff to hold off on installation of any
additional speed humps/bumps. Public Works Director Chandra Russell said there are
other options, and asked the Board to allow staff to investigate those options and present
them to the Board. In conclusion, Mayor Dailey said that as of this date we are putting
a time out on any new applications for speed humps/bumps, and any that are in the
pipe line, the Board will consider in two weeks. Mrs. Russell will provide a report to
the Board on Tuesday, January 26, 1999.
There being no further business to be presented, the Board of Directors recessed
at 11:25 o'clock P.M. to reconvene on Tuesday, January 26, 1999, at 4:00 o'clock P.M. to
consider the Ordinance and Resolution regarding the creation of a Zoo Department and
the termination of the contract with Friends of the Zoo (FOZ); and to continue the
discussion regarding coterminous boundaries of the City and the Little Rock School
District, and legislation regarding out -of -state property owners.
ATTEST:
City Clerk Robbie Hancock
10
APPROVED:
�t
M yor Jim Dailey
4
Z�
371