01-04-00623
Board of Directors Room
City Hall — 500 W. Markham
Little Rock, Arkansas
January 4, 2000 — 6:05 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, Kumpuris, Kelly, and Adcock — total 10; Absent — None.
With a quorum present, Mayor Dailey declared the Board of Directors in session
and the proceedings are recorded as follows.
The Invocation was given by Director Kumpuris, followed by the Pledge of
Allegiance.
Director Cazort presented a plaque to Mr. Clarence Underwood, a thirty (30)
year employee of the Little Rock Zoo. Director Cazort also recognized volunteers and
staff for Zoo Days and Boo at the Zoo.
Director Kumpuris moved to defer Item 9 for four weeks (February 1, 2000).
The motion was seconded by Director Cazort and unanimously adopted. Therefore, no
action was taken on the following:
(9) Public Hearing & Ordinance — AN ORDINANCE VACATING AND
CLOSING THE ALLEY IN BLOCK 35, ORIGINAL CITY OF
LITTLE ROCK, ARKANSAS. (Between Cumberland/LaHarpe Blvd.
and Ottenheimer Plaza/Rock Street for LaHarpe Furniture Company)
(Deferred to February 1, 2000.)
Director Lichty moved to delete Item 19 from the Agenda. Director Adcock
seconded the motion, which was unanimously adopted. Therefore, no action was taken
on the following:
-- (19) A RESOLUTION OF INTENT TO ENCOURAGE AND ENTER
INTO DISCUSSIONS WITH CENTRAL ARKANSAS CITIES ON
HOW TO COOPERATE ON REGIONAL ISSUES COMMON TO
ALL THE CITIES; AND FOR OTHER PURPOSES;
Director Adcock moved to change the date of hearing on Item 1 from January
18, 2000 to February 15, 2000. The motion was seconded by Director Kumpuris and
unanimously adopted. (See Resolution No. 10,744 below)
Upon a motion and second by Directors Lichty and Adcock, respectively, which
was unanimously adopted, Items 17 and 22 were deleted from the Agenda as noted on
the Agenda Modifications. Therefore, no action was taken on the following:
(17) AN ORDINANCE AMENDING CHAPTER 8 OF THE LITTLE
ROCK, ARK. REV. CODE (1988) TO REQUIRE SURETY BONDS
OF CONTRACTORS AS A CONDITION OF ISSUANCE OF
CONSTRUCTION PERMITS; AND FOR OTHER PURPOSES;
(First reading on December 20, 1999.) Deferred until January 18, 2000.)
(Note: Kathy Wells, a resident of the tornado stricken area, urged the
Board to adopt the Ordinance. The Attorney General's Office Consumer
Protection Division has already handled more than two dozen complaints
about home repairs in this area. Let's protect the home owners from the
fly -by -night contractors.)
(22) AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES AND THE MASTER STREET PLAN OF THE CITY
OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER
OF SIDEWALK CONSTRUCTION FOR KENWOOD DRIVE AND
PART OF KENWOOD CIRCLE IN KENWOOD SUBDIVISION
LOCATED ON THE EAST SIDE OF DAVID O. DODD AND
SOUTH OF COLONEL GLENN ROAD. (S -1261 - Deferred from
December 14, 1999.) (Withdrawn.)
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Director Adcock moved that Item 13 -A, M -1 and M -2 on the Agenda
Modifications be added to the Agenda with Item M -1 being in the Consent Agenda.
The motion was seconded by Director Lichty and unanimously adopted. (See Ordinance
No. 18,185, Zoning Case Z -6777, and Resolution No. 10, 749 below.)
Consideration was then given to the Consent Agenda, which consisted of the
following:
(1) Resolution No. 10,744, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO ABANDON A PORTION OF RIGHT -OF -WAY OF 10TH AND 11TH
STREETS AND THE ALLEY IN BLOCK 9 OF ROOTS & COY ADDITION
BETWEEN THAYER AND THE RAILROAD TRACKS IN THE CITY OF
LITTLE ROCK, ARKANSAS; PURSUANT TO ARK. CODE ANN. 14 -54 -104
(MICHIE 1987). (For Union Rescue Mission). (February 15, 2000)
(2) Resolution No. 10,745, described as:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS, CERTIFYING LOCAL GOVERNMENT
ENDORSEMENT OF LEXICON, INC. TO PARTICIPATE IN THE
ADVANTAGE ARKANSAS PROGRAM. (Located at 8900 Fourche Dam Pike.)
(3) Resolution No. 10,746, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO CONTRACT NEGOTIATIONS WITH BLACK COMMUNITY
DEVELOPERS, INC., TO DEVELOP, IMPLEMENT AND EVALUATE A
PREVENTION AND INTERVENTION CHILDREN'S PROGRAM. (Not to exceed
$34,302.)
(4) Resolution No. 10,747, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO CONTRACT NEGOTIATIONS WITH KIWANIS ACTIVITIES,
INC./DBA JOSEPH PFEIFER KIWANIS CAMP TO PROVIDE A YOUTH
PREVENTION PROGRAM IN WEST LITTLE ROCK. (Not to exceed $43,500.)
(5) Resolution No. 10,748, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH THE LITTLE ROCK BOYS CLUB TO
OPERATE A COMMUNITY BASED PREVENTION PROGRAM AT THE
THRASHER BOYS CLUB IN THE SOUTH END OF LITTLE ROCK. (Not to
exceed $44,232.)
(M -2) Resolution No. 10,749, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO CONTRACT NEGOTIATIONS WITH TWO ORGINIZATIONS
TO PROVIDE YOUTH INTERVENTION PROGRAMS (YIP) IN TARGETED
NEIGHBORHOODS AND FOR OTHER PURPOSES; (Little Rock Housing
Authority and Black Community Developers (BCD).)
Upon a motion and second by Directors Adcock and Lichty, respectively, the Consent
Agenda was unanimously adopted.
Upon a motion and second by Directors Keck and Adcock, respectively, which
was unanimously adopted, the grouped items were considered immediately following the
Consent Agenda. (See Ordinances No. 18,175 through 18,180 below.)
Introduced next was Ordinance No. 18,175, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF BOUNDRRY STREET IMPROVEMENTS FOR
KENWOOD SUBDIVISION LOCATED EAST SIDE OF DAVID O. DODD AND
SOUTH OF COLONEL GLENN ROAD; (S -1261)
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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 the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey — total 11; Noes — None; Absent —
None. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 18,176, entitled:
AN ORDINANCE LEVYING A TAX ON THE ASSESSMENT 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; 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 the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey — total 11; Noes — None; Absent —
None. Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 18,177, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND
FOR OTHER PURPOSES;
(Z -6772 — To rezone 11719 Hinson Road From "R -2" Single Family District to
110-3" 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 the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey — total 11; Noes — None; Absent —
None. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 18,178, with the title being:
AN ORDINANCE APPROVING MODIFICATION TO A PLANNED
ZONING DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF A
PLANNED ZONING DEVELOPMENT TITLED RUSH ENGINE REVISED
SHORT -FORM PCD AND PRELIMIARY PLAT (Z- 4452 -B), LOCATED AT THE
NORTHWEST CORNER OF ASHER AVENUE AND ELM STREET, IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NO. 14,925
AND CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF
LITTLE ROCK, ARKANSAS; 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 the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey — total 11; Noes — None; Absent —
None. Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 18,179, described as;
AN ORDINANCE TO AMEND THE LAND USE PLAN (16, 222) IN THE
CHENAL PLANNING DISTRICT FROM OFFICE TO MIXED OFFICE
COMMERCIAL; AND FOR OTHER PURPOSES; (LU99 -19 -03 — 15500 Chenal
Parkway.)
and the Ordinance was read the first time. (See related Ordinance No. 18,187.) 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 the
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question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors
Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock and
Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was
declared PASSED.
The next presentation was Ordinance No. 18,180, described as:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED DISTRICT- COMMERCIAL TITLED THE
TODDY SHOP SHORT -FORM PD -C (Z -6767) LOCATED AT 14,001 CANTRELL
ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER
36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND
FOR OTHER PURPOSES;
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 the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 11; Noes - None; Absent -
None. Whereupon, the Ordinance was declared PASSED.
At the time allotted for Citizen Communications, Mr. Herb Hawn, 325 Hem
Street, co -chair of the Land Alteration Task Force, was the only speaker. He said that
over 20 months ago the Board directed the Land Alteration Task Force to develop
proposals for tree preservation, improved landscaping, and friendlier land alteration.
The Task Force has come up with three separate ordinances dealing with these issues.
There will be a public hearing before the Planning Commission on January 20, 2000, to
present the three ordinances.
Upon a motion and second by Directors Keck and Lichty, respectively, which was
unanimously adopted, the water rate schedule (Item 18) was the next presentation. On
December 20, 1999, the Board of Directors passed Ordinance No. 18,171, which
established a schedule of rates for Little Rock Municipal Water Works. At the
reconvened meeting on December 28, 1999, there was a lengthy discussion regarding the
motion to reconsider Ordinance No. 18,171, after which the matter was deferred until
January 4, 2000. (See Minutes of December 20 and 28, 1999.) Ordinance No. 18,171 -A,
was presented with the title being:
AN ORDINANCE TO REPEAL LITTLE ROCK, ARK. ORDINANCE NO.
18,171 (DECEMBER 20,1999); TO ESTABLISH A SCHEDULE OF RATES FOR
THE LITTLE ROCK MUNICIPAL WATER WORKS; TO FIX THE EFFECTIVE
DATES FOR THESE RATES; TO DECLARE AN EMERGENCY; AND FOR
OTHER PURPOSES;
Mayor Dailey stated that after the special meeting of the Little Rock Municipal Water
Commission he had notified each of the City Directors that the Water Commission had
unanimously approved moving forward to the City Board the recommendation for a
modified plan from the original Black & Veatch rate proposal, but that in January, 2001,
the Black & Veatch rate would come into place. The goal during this year's time would
be to try to move forward to address water on a regional basis. City Attorney Tom
Carpenter then reviewed the proposed ordinance before the Board. He referred to the
black -lined version of Ordinance No. 18,171 with the proposed changes. He noted that
Ordinance No. 18,171 (December 20, 1999) had been adopted and published before the
motion to reconsider was adopted on December 28, 1999. Therefore, the new ordinance
would be identified as 18,171 -A. There may be a desire to add another WHEREAS
clause which expressly notes the prior passage of this Ordinance and explains why there
are two ordinances on the same topic. He then reviewed the changes to the original
ordinance, particularly the additional WHEREAS clauses and the rate changes on pages 4
and 5. Director Kumpuris moved to amend the Ordinance as stated by Mr.
Carpenter. The motion was seconded by Director Adcock, and unanimously adopted.
Mr. Jim Harvey, Executive Director of the Little Rock Municipal Water Works, stated
that the Water Commission did unanimously adopt the new rate schedule. This will - -
provide the income the Water Department needs to go ahead with construction and will
give a year to check out the methodology and work with both consultants. Mr. Carpenter
suggested that another WHEREAS clause be added to the Ordinance as follows:
"WHEREAS, the Board of Directors initially passed this Little Rock, Ark. Ordinance No.
18,171 on December 20, 1999, but after that date concluded that further discussions on
certain issues were in order, but that a different rate structure for the year 2000 was
appropriate, and therefore, offered this amendment, and" Director Keck moved to
amend the Ordinance by adding the additional Whereas clause as stated by Mr.
Carpenter. The motion was seconded by Director Cazort and unanimously adopted.
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The Ordinance, as amended, was then read the third and last time. A roll call vote was
taken on passage of the Ordinance as follows: Ayes — Directors Pugh, Hinton, Lichty,
Cazort, Keck, Stewart, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 10; Noes —
Director Wyrick — total 1; Absent — None.
The Emergency Clause contained in Section 6 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes — Directors Pugh, Hinton, Lichty,
Cazort, Keck, Stewart, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 10; Noes —
Director Wyrick — total 1; Absent — None. Whereupon, Mayor Dailey announced that the
Ordinance, together with the Emergency Clause, had PASSED.
A public hearing had been scheduled for this time and place by Resolution No.
10,728, adopted December 20, 1999, on the petition filed by William Allen Smith of
Mehlburger Engineers on behalf of Kroger Company, to vacate and close the alley in
Block 4 of Mountain Park Addition to the City of Little Rock, Arkansas. The notice of
hearing was published in the Daily Record on December 28, 1999, and January 4, 2000.
Mayor Dailey declared the public hearing open at 6:45 o'clock P.M. (See discussion
related to the closing of "R" Street below.) Mayor Dailey declared the public hearing
closed and the proposed Ordinance was introduced, entitled:
AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 4
OF MOUNTAIN PARK ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS. (Between "R " Street and Kavanaugh Blvd.)
The Ordinance was read the first time and left on the calendar for second reading on
January 18, 2000.
A public hearing had been scheduled for this time and place by Resolution No.
10,729, adopted December 20, 1999, on the petition filed by William Allen Smith of
Mehlburger Engineers on behalf of Kroger Company, to vacate and close "R" Street
between Polk and Taylor Streets in Mountain Park Addition to the City of Little
Rock, Arkansas. The notice of hearing was published in the Daily Record on December
28, 1999, and January 4, 2000. Mayor Dailey declared the public hearing open at 6:45
o'clock P.M. (See related Ordinance closing the alley in Block 4 of Mountain Park
Addition above.) Mr. Jim Lawson, Director of Planning and Development, made the
staff presentation, explaining the proposal to close the alley and street in connection with
the proposed new and expanded Kroger Store at 1816 Polk Street. This case is unusual in
that the land was already zoned for this use and there is already a Kroger Store at that
location. This did not come in as a Planned Commercial District (PCD) or a site plan
review. What is before the Board is the closing of "R" Street and the alley that runs
through the proposed site. This item has been to the Board of Adjustment. Some of the
issues that came up were the building is too big, or turned the wrong way, etc. The issues
of the size of the building and the setbacks have been taken care of before the Board of
Adjustment. Kroger did not plan to close "R" Street but staff was concerned about cut -
through traffic. So it was at the request of staff that Kroger petitioned to close the street.
One of the issues that has come up over and over has been the access from Polk Street to
curb cuts that are already there. Kroger has agreed to make that a one -way in. Also
concrete will be put in Polk Street to prohibit a left turn on Cantrell Road. He concluded
by recommending that the Board approve the street and alley closures. The concerns of
the neighborhood seem to be the size of the store and other issues, not the closing of "R"
Street. Mr. Bob Turner, Acting Director of Public Works, responding to questions by
Director Cazort, said the closing of Polk Street is not warranted. There was a lengthy
discussion regarding the Kroger parking lot ingress and egress. Mayor Dailey questioned
whether certain conditions could be connected to the closures. Mr. Lawson said if the
Kroger developers want to agree to other conditions like they did on the curb cut, they
could do so, but he was not sure the Board had the authority to make Kroger do other
things. City Attorney Tom Carpenter said there really isn't a rezoning involved in this.
The safest way the Board can mandate those requirements is if the whole matter is treated
as a Planned Development. Mr. Lawson said the property is already zoned and they are
not required to come in as a PCD. The City really does not have complete control over
this development because the property is already zoned. Mr. Frank Riggins, applicant
for the Kroger development, and Mr. Corbin Rowe, real estate manager for Kroger,
explained the development and responded to questions by the Board. Director Keck
asked Mr. Rowe what are Kroger's plans if "R" Street is not closed. Mr. Rowe stated he
believed Kroger could still build a store that would be adequate size on one block with
parking on the other block, meeting all the setbacks and buffer requirements. Mr.
Riggins felt that a PCD would bring them right back to where they are tonight. Director
Cazort asked if that was a firm commitment by Kroger for the traffic signal on Cantrell
and Taylor. Mr. Rowe said when the City determines that a traffic signal was
appropriate, Kroger would pay for it. Mr. Taylor said Public Works staff does not feel
that a traffic signal is warranted on Cantrell at Taylor, based on the traffic at that location.
Cantrell is a state highway and the State would have to approve the warrant for a traffic
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signal. Adding a traffic signal at that location would be detrimental to the progression on
Cantrell, and at this point staff is opposed to it. Responding to a question by Director
Stewart, Mr. Corbin said he had been presented with many suggestions from the
neighborhood; some of the ideas they had been able to implement and some they had not.
At 7:35 o'clock P.M. Mayor Dailey announced there would be fifteen minutes per side
for opposition and support to be presented. Director Kumpuris said it was his
understanding that the public hearing would be held and the Ordinance would be read the
first time only, so there would be more opportunity for people to get together to discuss
the issue before the next meeting. Opposition was presented by Mark Stodola, Jim
Frank, Jim Porter, Kathrine Diskell Felts, Andrew Miller, Lillian Porter, Tricia
Brown, Nicholas Trujillo, and Gaea Miller. Some were opposed to the closing of "R"
Street, others said they were not opposed to the Kroger expansion but they didn't like this
plan. Support was presented by Mary Jane Weindorf, Mildred Cooper, Gene Levy,
Maury Mitchell, Lindy Mitchell, Michael Scott, and Dickson Flake. Mayor Dailey
declared the public hearing closed at 8:20 o'clock P.M. and the proposed Ordinance
was introduced, entitled:
AN ORDINANCE VACATING AND CLOSING "R" STREET BETWEEN
POLK AND TAYLOR STREETS IN MOUNTAIN PARK ADDITION TO THE
CITY OF LITTLE ROCK, ARKANSAS.
The Ordinance was read the first time and left on the calendar for second reading on
January 18, 2000.
M -1 on the Agenda Modifications was a proposed Ordinance described as:
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 STREET IMPROVEMENT
REQUIREMENTS FOR KROGER FOOD STORE LOCATED AT 1816 POLK
STREET; (Z -6777)
The Ordinance was read the first time and left on the calendar for second reading on
January 18, 2000. (See related street and alley closure issues above.)
At 8:25 o'clock P.M. the Board of Directors recessed to Executive Session to
consider appointments to various Boards and Commissions. The Board reconvened at
8:50 o'clock P.M. with Mayor Dailey presiding and eight Directors present. (Directors
Keck and Adcock were absent.)
Consideration was then given to Resolution No. 10,750, entitled:
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS
TO THE CITY BEAUTIFUL COMMISSION, EDUCATION COMMISION,
MACARTHUR MILITARY MUSEUM COMMISSION, RACIAL & CULTURAL
DIVERSITY COMMISSION, AND SISTER CITIES COMMISSION.
(City Beautiful — Tim Anderson; Education — Stephen Davis; MacArthur Military
Museum - Carl H. Moneyhon, Douglas Jones, Sherman Smith, Jerry Schultz, and Jay
McEntire III, Racial & Cultural — Joy Newby, Sister Cities — Mary Wohlleb and
Carmen McHaney. Note: Nathaniel Noble and Mabelene Hill were also appointed to the
Racial and Cultural Diversity Commission; however, there was only one position available for
Ward 1 so their names were withdrawn)
Following the reading of the Resolution, Director Hinton moved for its adoption. The
motion was seconded by Director Lichty, and the Resolution was unanimously adopted
by the Board Members present.
A public hearing had been scheduled for this time and place by Resolution No.
10,736, adopted December 20, 1999, on the petition filed by Mr. Pat McGetrick on behalf
of the Little Rock Chamber of Commerce to vacate and close the alley in Block 34,
Original City of Little Rock (between Cumberland/LaHarpe Blvd. and Main Street
Bridge). The notice of hearing was published in the Daily Record on December 28,
1999, and January 4, 2000. Mayor Dailey declared the public hearing open at 8:50
o'clock P.M. No one was present who wished to speak on the closure and Mayor Dailey
declared the public hearing closed. Ordinance No. 18,181 was introduced, with the title
being:
AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK
34 OF THE ORIGINAL CITY OF LITTLE ROCK, ARKANSAS; (Between
Cumberland/LaHarpe Blvd. and Main Street Bridge.)
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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 Pugh, Hinton, Lichty, Cazort, Stewart, Wyrick, Kumpuris, and Mayor Dailey —
total 8; Noes — Director Kelly— total 1; Absent — Directors Keck and Adcock — total 2.
Therefore, Mayor Dailey declared the Ordinance PASSED.
A public hearing had been scheduled for this time and place by Resolution No.
10,730, adopted December 20, 1999, on the petition filed by David Carpenter of Barnes,
Quinn, Flake & Anderson on behalf of the George W. Donaghey Foundation,
Southwestern Bell Telephone Company, Walk -Winn Plastics Company, and AT &T
Communications to vacate and close the alley in Block 72, Original City of Little Rock
(between 7t' and 8t" Streets, Louisiana and Main Streets). The notice of hearing was
published in the Daily Record on December 28, 1999, and January 4, 2000. Mayor
Dailey declared the public hearing open at 8:52 o'clock P.M. No one was present who
wished to speak on the closure, and Mayor Dailey declared the public hearing closed.
Ordinance No. 18,182 was introduced, with the title being:
AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK
72 OF THE ORIGINAL CITY OF LITTLE ROCK, ARKANSAS; (Between 7 t and
8rh Streets, Louisiana and Main Streets).
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 Pugh, Hinton, Lichty, Cazort, Stewart, Kumpuris, Kelly and Mayor Dailey —
total 8; Noes — None; Recused — Director Wyrick — total 1; Absent — Directors Keck and
Adcock — total 2. Therefore, Mayor Dailey declared the Ordinance PASSED. (Director
Wyrick recused because she is an employee of SW Bell.)
(Director Adcock re- enrolled at 8:55 o'clock P.M.)
A public hearing had been scheduled for this time and place by Resolution No.
10,738, adopted December 20, 1999, on the petition filed by Rollin Caristianos of Rector
Phillips Morse to vacate and close the alley in Block 152, John Barrow Addition to the
City of Little Rock. The notice of hearing was published in the Daily Record on
December 28, 1999, and January 4, 2000. Mayor Dailey declared the public hearing
open at 8:55 o'clock P.M. Director Stewart wanted to know what would be located on
the adjacent property. Mr. Caristianos responded that a 7,000 foot auto parts store would
be located on the south side of the block. Directors Adcock and Stewart were assured by
the Planning Staff that notification was given as requested regarding the alley closure and
the related zoning case (see Ordinance No. 18,184 below). Mayor Dailey declared the
public hearing closed, and Ordinance No. 18,183 was presented described as:
AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK
152 OF JOHN BARROW ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS; (Between West 35`h and West 36r4 Streets, John Barrow Road and
Longcoy 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 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 Pugh, Hinton, Lichty, Cazort, Stewart, Wyrick, Kumpuris, Kelly, Adcock and
Mayor Dailey — total 10; Noes — None; Absent — Directors Keck — total 1. Therefore,
Mayor Dailey declared the Ordinance PASSED.
Introduced next was Ordinance No. 18,184, entitled;
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHATER 36 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND
FOR OTHER PURPOSES;
(Z -6769 — To rezone property at 3500 Longcoy Street from "R -3" Single Family
District to "C -3" General Office and "OS" Open Space Districts.)
and the Ordinance was read the first time. (See discussion related to alley closure above
— Ordinance No. 18,183.) 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
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January 4, 2000
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 Pugh, Hinton,
Lichty, Cazort, Stewart, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey — total 10;
Noes — None; Absent — Directors Keck — total 1. Therefore, Mayor Dailey declared the
Ordinance PASSED.
A public hearing had been scheduled for this time and place by a motion adopted
December 7, 1999, on the appeal of the Planning Commission's approval of a
Conditional Use Permit to use an existing house for a day care center at 4600 Eastwood
Road. The appeal was filed by Mr. Mike Kumpuris, preseident of the Westwood
Neighborhood Association. Mayor Dailey declared the public hearing open at 9:04
o'clock P.M. Mr. Jim Lawson, Director of Planning and Development, explained that
there was no opposition at the Planning Commission because the president of the
Westwood Neighborhood Association was told the item would be considered later in the
meeting, when in fact it was moved up to the Consent Agenda since there were no
objectors registered to speak. The item had already been considered by the time Mr.
Mike Kumpuris arrived to present opposition by the Westwood Neighborhood
Association. However, staff supported the CUP because it is on the edge of the
neighborhood. Director Cazort said he had a lot of questions for the applicant, who was
not present; therefore, he moved to send this issue back to the Planning Commission
since it has not been adequately debated. The motion was seconded by Director
Adcock and unanimously adopted. Therefore, Mayor Dailey advised Mr. Kumpuris that
the item was being sent back to the Planning Commission, and no action was taken on
the proposed Resolution titled: "A RESOLUTION RESCINDING THE LITTLE
ROCK PLANNING COMMISSION'S ACTION IN APPROVING A CONDITIONAL
USE PERMIT FOR A DAY CARE CENTER TO BE LOCATED IN EXISTING
HOUSE ON PROPERTY LOCATED AT 4600 EASTWOOD ROAD."
(Director Keck re- enrolled at 9:08 o'clock P.M.)
The next presentation was Item M -1, being Ordinance No. 18,185, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND
FOR OTHER PURPOSES;
(Z -6760 — To rezone 1621 West 8th Street from "0-3" General Office District to
110-2" Office and Institutional District for Arkansas Children's Hospital.)
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 —
Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly,
Adcock and Mayor Dailey — total 11; Noes — None; Absent — None. Therefore, Mayor
Dailey declared the Ordinance PASSED.
A public hearing had been scheduled for this time and place by a motion adopted
December 20, 1999, on the appeal of the Planning Commission's denial of a variance
for a parking lot for Arkansas Children's Hospital at the southeast corner of West 8th
and Marshall Streets. The appeal was filed by Arkansas Children's Hospital. Mayor
Dailey declared the public hearing open at 9:10 o'clock P.M. Mr. Jim Lawson, Director
of Planning and Development, said there was some confusion at the Planning
Commission meeting. There were two items on the agenda for Children's Hospital and
the applicant thought this issue had been approved and left the meeting. The Planning
Commission was concerned that the applicant was not present. Mr. Lawson stated that
Arkansas Children's Hospital did what the City requested by providing its comprehensive
long range /short range development plan for the Hospital. The buffer variance being
requested is on a temporary parking lot that will at some point be a building. This
parking lot will be for parents bringing their children to the hospital. The parking that is
not being fully utilized is for employee parking on the other side of the building. Staff
recommends approval of the buffer. Director Hinton wanted to call a neighborhood
meeting for Hospital representatives to explain the long range plan to him and the
neighborhood. Mr. David Berry, representing Arkansas Children's Hospital, said they
had met with both the Central High and Capitol View Neighborhood Associations and
gone through the master plan and they seemed to be satisfied. However, he agreed to
meet with them again. Responding to Director Adcock's comment about moving three
houses, Mr. Berry said they would be happy to work with anyone that would be willing to
move the houses. Mayor Dailey closed the public hearing at 9:15 o'clock P.M. and
Resolution No. 10,751 was presented, with the title being:
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January 4, 2000
per person with an aggregate of $600,000. Director Cazort seconded the motion, which
was unanimously adopted. Mr. Carpenter advised that Section 18 has been added to
the Ordinance which would actually incorporate the rules and regulations as a part of the
Ordinance and then permits the Parks Director to periodically change the regulations as
appropriate but requires the Director to bring them to the Board of Directors once a year
to be adopted by Ordinance. The definition of horse drawn vehicle in the regulations
needs to be amended to be parallel to the other definition in the Ordinance, which
would exclude any vehicle used only as a part of a properly permitted parade.
Director Keck moved to amend the Ordinance as stated by Mr. Carpenter. The
motion was seconded by Director Cazort and unanimously adopted. The Ordinance, as
amended, was then read the first time. The rules were suspended to provide for the
second reading of the Ordinance by a voice vote of 9 ayes and 2 noes (Adcock and
Kelly). Director Stewart brought up the issue of requiring helmets for children under age
twelve. Mr. Carpenter advised that could be handled through the regulations and
addressed by the Parks Director. Following the second reading of the Ordinance,
Director Lichty moved to suspend the rules to provide for the third and final reading, and
Director Cazort seconded the motion. The motion failed by the following roll call vote:
Ayes — Directors Lichty, Cazort, Keck, Wyrick, and Mayor Dailey — total 5; Noes —
Directors Pugh, Hinton, Stewart, Kumpuris, Kelly, and Adcock — total 6. The Board
agreed to leave the Ordinance on the calendar for third and final reading at the
reconvened meeting on Tuesday, January 11, 2000. Director Adcock stated that she
would be having surgery on Monday afternoon and requested that the same courtesy be
extended to her as was to Director Wilson last year by allowing her to vote
electronically from her home or in the hospital on the horse drawn carriage
Ordinance at the reconvened meeting on Tuesday, January 11, 2000. Mr. Carpenter
advised that the provision for Director Wilson had a sunset provision and was no longer
in effect. Director Lichty then moved to suspend the rules to provide for the third
and final reading. The motion was seconded by Director Cazort. The motion failed by
the following roll call vote: Ayes — Directors Lichty, Cazort, Keck, Wyrick, and Mayor
Dailey — total 5; Noes — Directors Pugh, Hinton, Stewart, Kumpuris, Kelly, and Adcock —
total 6. There was a subsequent motion by Director Lichty, seconded by Director
Stewart, to expunge the vote on the suspension of the rules and to vote again, which
was unanimously adopted. Therefore, another roll call vote was taken on the motion to
suspend the rules for the third and final reading, as follows: Ayes — Directors Hinton,
Lichty, Cazort, Keck, Stewart, Wyrick, and Mayor Dailey — total 7; Noes — Directors
Pugh, Kumpuris, Kelly, and Adcock — total 4; Absent — None. Having failed to receive
the required 8 votes to suspend the rules, the Ordinance was left on the calendar for
third and final reading on Tuesday, January 11, 2000. (Mr. Carpenter will provide
an Ordinance, with an emergency clause, to make provision for Director Adcock to
vote electronically.)
The next presentation was Ordinance No. 18,187, described as:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED DISTRICT— COMMERCIAL TITLED
CHENAL COMMERCIAL PARK (LOT 3R) SHORT -FORM PD -C AND
REVISED PRELIMINARY PLAT (Z- 4470 -B) LOCATED AT THE NORTHWEST
CORNER OF CHENAL PARKWAY AND WELLINGTON VILLAGE ROAD IN
THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF
THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS;
AND FOR OTHER PURPOSES.
Mr. Jim Lawson, Director of Planning and Development, made a brief staff presentation,
stating that in order to deal with the PD -C, the Land Use Plan was changed to MOC.
(See Ordinance No. 18,179 above.) Many months ago the Planning Commission
objected to having MOC's, then approving what appeared to be a commercial use, and
proposed changing the definition of MOC to include a mixture of office and commercial,
which was done. Staffs objection to the Chenal Commercial Park PD -C is that it is in
conflict with the very definition of what the Planning Commission approved, which says
you have to have office in MOC. However, Mr. Lawson did not have a problem with the
plan and design of the Chenal Commercial Park PD -C. The neighborhood opposition has
been resolved. 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 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 Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick,
Kumpuris, Kelly, Adcock and Mayor Dailey — total 11; Noes — None; Absent — None.
Whereupon, the Ordinance was declared PASSED.
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Consideration was then given to Ordinance No. 18,188, with the title being:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16, 222) IN THE
CENTRAL CITY PLANNING DISTRICT FROM SINGLE FAMILY TO MIXED
USE; AND FOR OTHER PURPOSES; (LU99 -08 -09 - 2311 South Spring 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 taken on the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes — Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey — total 11; Noes — None; Absent —
None. Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 18,189, entitled:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED
BEARD SHORT -FORM PCD (Z -6765) LOCATED AT 2311 SPRING 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. In response to a question by Director Wyrick,
Mr. Jim Lawson, Director of Planning and Development, said one of the problems staff is
having is that we adopt a Neighborhood Plan but it appears that the Planning Commission
goes by whether or not someone objects to a particular project. Even the neighborhoods
are beginning to do that. That makes it difficult for staff. The parking issue has not been
resolved. Mr. J. C. Beard said his wife, Brinda, has a very small clientele and parking is
adequate. The rules were then 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 the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes
— Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, and
Mayor Dailey — total 10; Noes — Director Adcock — total 1; Absent — None. Whereupon,
the Ordinance was declared PASSED.
Introduced next was Ordinance No. 18,190, entitled:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16, 222) IN THE
GEYER SPRINGS WEST PLANNING DISTRICT FROM COMMERCIAL AND
MULTI - FAMILY TO MIXED USE; AND FOR OTHER PURPOSES; (LU99 -15 -02
re: 9125 Mann 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 taken on the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes — Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey — total 11; Noes — None; Absent —
None. Whereupon, the Ordinance was declared PASSED.
Item 32 on the Agenda was a proposed Ordinance described as:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
65TH STREET EAST PLANNING DISTRICT FROM SINGLE FAMILY TO
SUBURBAN OFFICE; AND FOR OTHER PURPOSES; (LU99 -13 -02 - re: 4807
Ballinger Road.)
and the Ordinance was read the first time. Director Adcock had a problem with this
amendment, because this is a residential neighborhood and this is the first time for a
commercial office in it. There will be people coming and going to the counseling
service. Mr. Emmanuel Ilodiamya, the applicant, explained his proposal, stating that he
went from home to home and school to school with people signing petitions in support of
his proposal. Mr. Jim Lawson, Director of Planning and Development, said staff was
concerned about spot zoning and would be more in favor of dealing with the POD
without changing the Land Use Plan. The general agreement was to deny the LUP
amendment and deal with the POD after it has gone through the Planning Commission.
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
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January 4, 2000
A RESOLUTION RESCINDING THE LITTLE ROCK PLANNING
COMMISSION'S ACTION IN DENYING A VARIANCE FROM THE ZONING
ORDINANCE FULL STREET BUFFER REQUIREMANTS ASSOCIATED WITH
A SITE PLAN REVIEW FOR A PARKING LOT FOR ARKANSAS CHILDREN'S
HOSPITAL, LOCATED AT THE SOUTHEAST CORNER OF WEST 8TH AND
MARSHALL STREETS. (Z- 6760 -A)
Following the reading of the Resolution, Director Cazort moved for its adoption. The
motion was seconded by Director Keck, and the Resolution was unanimously adopted.
Item 15 was the next presentation, being Ordinance No. 18,186, entitled:
AN ORDINANCE TO VACATE AND ABANDON THE REMANING
PORTIONS OF THE RIGHT -OF -WAY OF CANDLEWOOD DRIVE, A STREET
WITHIN THE CITY OF LITTLE ROCK, ARKANSAS, PURSUANT TO
AUTHORITY UNDER ARK. CODE ANN. 14 -54 -104 (MICHIE REPL. 1998); AND
FOR OTHER PURPOSES;
(Note: The public hearing was held December 7, 1999, and the Ordinance was read the
first and second times and left on the calendar for third reading on January 4, 2000.
Also see Ordinance No. 18,108 of October 19, 1999, which closed
Rivercrest /Candlewood Drive between Candlewood Subdivision Phase II and 1300 ft.
north of Cantrell Road.) Mr. Jim Lawson, Director of Planning and Development
explained the status of the street closure, stating the staff had met with the interested
parties the previous week and tried to work out some of the details. However, all of the
details have not been worked out on the easement agreement. What staff recommends is
that the Board of Directors pass a conditional Ordinance that Candlewood Drive is
vacated and maintains a public drainage utility easement and that there is an access
easement contingent upon everyone agreeing to the final documents and final easement.
If not, it comes back to the Board. This gives staff the opportunity to deal with this issue
and move on. Director Keck and Mayor Dailey were concerned about passing a
conditional Ordinance. City Attorney Tom Carpenter explained that there are two
parties that want the street closed but can't really agree as to what is going on. The City
is concerned that appropriate drainage utilities and access easements are in place. Mr.
Herb Rule, attorney for Char -Beck trust, had notified Mr. Carpenter that he could not be
present for this meeting; however, someone from Char -Beck Trust would be. Mr.
Carpenter stated that to move this forward, staff has talked about deleting the current
Section 2, renumbering the current Sections 3 and 4, and adding language to the end of
Section 1 following the description of the property: "provided that this vacation and
abandonment is subject to a reservation by the City of public utility, drainage and access
easements pursuant to terms acceptable to the City, and providing further that if such
easement agreements are not executed and filed of record with the Pulaski County Clerk
by February 15, 2000, the vacation and abandonment of this street shall not occur. "
Section 4 would read: "This abandonment and street vacation shall take effect, if at all,
upon the passage of this Ordinance and the acceptance and filing of the public easements
reserved in Section 1. " The rationale for that is that we were told the Board wanted to
take some action tonight, and there are still some issues that have not been resolved.
Director Cazort then moved to amend the Ordinance as stated by Mr. Carpenter. Mr.
Bob Holloway, representing Char -Beck Trust and the buyer of the property, said they
wanted to agree with what Mr. Whisenhunt wants to do. He said they received a proposal
at a meeting with Mr. Lawson yesterday. Mr. Holloway said he sent his comments to Mr.
Rule, who sent some comments back to Mr. Robertson, attorney for Mr. Joe Whisenhunt.
Mr. Holloway said they are much closer to reaching an agreement and have no objection
to the proposal. Mr. Lawson said this tells both parties there is a deadline. Director
Lichty suggested deferring this matter for two weeks to give time to work out the details.
Mr. Whisenhunt said he was at his wits end. He left the meeting four weeks ago with
the understanding that we would come back and try to work this out. You have in your
possession what we want to do. This afternoon we received a rather long document from
Mr. Rule with 27 or 28 items listed; however, there are a few items that we cannot agree
with. Mr. Doug Robertson, attorney for Mr. Whisenhunt, responded to concerns
expressed by Director Cazort that the secondary purchasers of these lots would have the
same right of access as Char -Beck Trust would have now. Director Cazort then restated
his motion that the Ordinance be amended as stated by Mr. Carpenter. The motion
was seconded by Director Kumpuris. Mr. Bob Turner, Acting Director of Public
Works, noted that the agreement calls for the widening of the street to not less than 27
feet. He asked that it be widened to match the City standard of 26 feet. He also noted
that the street needs to be 31 feet wide where it serves some offices and then narrow to 26
feet in the residential area in accordance with City standards. At the request of Mayor
Dailey, Mr. Carpenter explained what Director Cazort's motion would do. It would
vacate the street if the easements are agreed upon and filed by February 15, 2000. If not,
the street vacation does not occur and at that point the applicant would have to apply
again to vacate the street. The motion was adopted by a voice vote of 9 ayes and 2 noes
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(Directors Keck and Lichty). The Ordinance, as amended, was then read the third time.
A roll call vote was taken on passage of the Ordinance as follows: Ayes — Directors
Pugh, Hinton, Cazort, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey —
totla 9; Noes — Directors Lichty and Keck — total 2; Absent — None. Whereupon, the
Ordinance, as amended, was declared PASSED.
Item 16 on the Agenda was a proposed Ordinance, entitled:
AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN
LANDS TO THE CITY OF LITTLE ROCK, ARKANSAS;
(Pfeifer -East Annexation — 312.75 acres located on the north side of Hwy. 10, north
and east of the Chenal Intersection.)
and the Ordinance was read the second time, having been read the first time on December
20, 1999. (See Minutes of December 20, 1999 for lengthy discussion.) Director Keck
asked for an update on the annexation procedure. Assistant City Manager Bruce Moore
stated he would provide the update in the Administrative Report on Thursday. The
proposed Ordinance was left on the calendar for third and final reading on January
18, 2000.
Item 20 on the Agenda was a proposed Ordinance entitled:
AN ORDINANCE TO PERMIT HORSE DRAWN CARRIAGES WITHIN
THE CITY; TO AMEND THE TRANSPORTATION CODE ACCORDINGLY;
TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES;
Mr. Bryan Day, Director of Parks and Recreation, gave a brief overview, stating that in
June 1988 an ordinance was passed authorizing the Department of General and Human
Services to issue permits for horse drawn carriages. Six years ago one was issued to an
applicant that has been providing carriage rides for special events and weddings. Last
fall the Parks & Recreation Department, primarily because of its relationship with the
River Market, was approached about doing horse drawn carriage rides. The Department
decided to try to upgrade the 1988 Ordinance. The new Ordinance with a lengthy set of
regulations was presented to the Board in October 1999. Opposition was presented by
the Pulaski County Humane Society and others concerned about animal welfare. That
ordinance failed. (See Minutes of October 19, 1999, November 17, 1999 and December
7, 1999.) We were directed to work with the Humane Society and develop a set of
regulations with the parties involved. This ordinance before the Board is primarily what
was presented in 1999, however, there is one significant change in that there is a limit of
five (5) permits for the City, or essentially five carriages. He asked the Board to make a
decision one way or another because there are applicants that will essentially be out of
business in two weeks. One operator has commitments for the spring and summer. He
responded to questions by the Board. Directors Keck and Kumpuris were concerned
about the low insurance requirements and Director Hinton was concerned about the
safety issues. Ms. Nancy Sullivan, 10 Butterfly Place, a member of the Humane Society
Board, expressed concern about public safety and the conditions under which the horses
work. Daniel J. Lysk, 7800 Iowa Drive, read articles related to personal injuries due to
horse drawn carriages. Mr. Al Thomas, 15200 Burlingame Road, whose wife operates
Little Rock Carriage Company, encouraged the Board to pass the Ordinance. He also
urged the Board to amend the Ordinance to require $300,000 public liability insurance.
Mr. John Yarbrough, 5522 "G" Street., opposed. Emily Pennel, 5522 "G" Street,
spoke in opposition. Gail Erwin, Red Oak Carriage, Inc., Austin, Arkansas, who has
operated in Little Rock for over six years and has done over 106 weddings with no
injuries, would like to continue providing the carriage rides for weddings. Cindy
Alberding, President of the Board of Directors of the Humane Society of Pulaski
County, said despite the good faith efforts, we have come to a standstill in the regulatory
process for the carriage line operations. She urged the Board to amend the Ordinance to
allow special events operations and to stop carriage line operations. Ms. Sancy Thomas,
owner of Little Rock Carriage Company, thanked the Board for allowing her to operate in
the River Market District for thirty days and stated there has been an overwhelmingly
positive response. Director Keck moved to amend the Ordinance on page 3, line 11,
from five (5) to three (3) certificates of convenience and to strike the word
"initially." The motion was seconded by Director Kumpuris. Director Cazort was
opposed to the limit of three. The motion was adopted by the following roll call vote:
Ayes — Directors Pugh, Lichty, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and
Mayor Dailey — total 9; Noes — Directors Hinton and Cazort — total 2; Absent — None.
Director Keck then moved to amend the Ordinance on page 4, line 9, from three (3)
days notice to two (2) days notice. The motion was seconded by Director Cazort, and
unanimously adopted. There was a subsequent motion by Director Keck to amend the
Ordinance on page 7, lines 14 and 17 to change the insurance amounts to $300,000.
City Attorney Tom Carpenter said based upon comments made, it should be $300,000
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January 4, 2000
of the Ordinance as follows: Ayes — None; Noes - Directors Pugh, Hinton, Lichty,
Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey — total 11;
Absent — None. Whereupon, Mayor Dailey announced that the Ordinance had FAILED.
The City Manager's Activity and Project Report was given by Assistant City
Manager Bruce Moore, which consisted of updates on the Two Rivers Park, War
Memorial Pond, feeding the homeless project, and Parks & Recreation's new project for
outdoor recreation activities for at -risk youth.
There being no further business to be presented, the Board of Directors recessed
at 11:18 o'clock P.M. to reconvene at 4:00 o'clock P.M. on Tuesday, January 11, 2000,
to consider the revenue bond ordinance, the horse drawn carriage ordinance, and to
provide for Director Adcock to vote on the horse drawn carriage issue, since she will
not be able to attend the meeting due to surgery.
ATTEST:
City Clerk Robbie Hancock
13
APPROVED:
l �QG
ayor Jim Dailey
635