Loading...
01-11-00636 Board of Directors Room City Hall — 500 W. Markham Little Rock, Arkansas January 11, 2000 — 4:05 P.M. The Board of Directors of the City of Little Rock, Arkansas, reconvened from the January 4, 2000, regular meeting 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, and Kelly - total 9; Absent — Director Adcock — total 1. (Note: Due to surgery on January 10, 2000, Director Adcock was unable to attend the meeting but was listening from her home via telephone.) With a quorum present, Mayor Dailey declared the Board of Directors in session and the proceedings of the meeting are recorded as follows. The first presentation was Ordinance No. 18,191, entitled: AN ORDINANCE TO AMEND LITTLE ROCK, ARK. REV. CODE SECTION 2 -50 TO DEFINE "PRESENT AT A MEETING" TO PERMIT A MEMBER OF THE BOARD OF DIRECTORS TO PARTICIPATE AND VOTE IN MEETINGS OF THE BOARD BY ELECTRONIC OR TELEPHONIC MEANS; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. City Attorney Tom Carpenter explained the definition of "present at a meeting" as set forth in the proposed Ordinance. If the member is unable to attend the meeting due to a nonelective medical condition and recovery time is anticipated to be two weeks or more, a staff person shall be physically present with the member, and if the member is physically unable to speak, the staff member can relay the member's vote only if the member has previously marked the vote in writing. The Ordinance was then read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors. Mayor Dailey said he felt it takes extreme circumstances under which the Board would allow something like this to occur and the Board needs to be very, very careful. It probably would be better if there were sunset provisions. A roll call vote was then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes — Directors Pugh, Hinton, Lichty, Keck, Stewart, Wyrick, Kumpuris, Kelly and Mayor Dailey — total 9; Noes — None; Voting Present — Director Cazort — total 1; Absent — Director Adcock — total 1. The Emergency Clause contained in Section 4 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes — Directors Pugh, Hinton, Lichty, Keck, Stewart, Wyrick, Kumpuris, Kelly and Mayor Dailey — total 9; Noes — None; Voting Present — Director Cazort — total 1; Absent — Director Adcock — total 1. Whereupon, the Ordinance together with the Emergency Clause was declared PASSED. Consideration was then given to Resolution No. 10,752, described as: A RESOLUTON TO PERMIT DIRECTOR JOAN ADCOCK TO ATTEND MEETINGS OF THE BOARD OF DIRECTORS ELECTRONICALLY OR TELEPHONICALLY AS SET FORTH IN LITTLE ROCK, ARK. REV. CODE SECTION 2 -50 (1988), AS AMENDED, AND FOR OTHER PURPOSES. Following the reading of the Resolution, Director Keck moved for its adoption. The motion was seconded by Director Lichty, and the Resolution was adopted by the following voice vote: Ayes — Directors Pugh, Hinton, Lichty, Keck, Stewart, Wyrick, Kumpuris, Kelly and Mayor Dailey — total 9; Noes — None; Voting Present — Director Cazort — total 1; Absent — Director Adcock — total 1. City Attorney Tom Carpenter noted for the record that Director Adcock has the Agenda for the reconvened meeting with a form to mark her vote. Staff person Melissa Bridges is present with Director Adcock in her home and will verbalize Director Adcock's vote on the issues regarding the horse drawn carriage Ordinance. The last item to be considered was Ordinance No. 18,192 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. Minutes January 11, 2000 637 City Attorney Tom Carpenter explained the numerous changes to the Ordinance. 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 third and last time, having been read the first and second times on January 4, 2000. Ms. Pam Nixon, 821 N. Cleveland, spoke in opposition to the Ordinance, citing sanitary issues, enforcement issues, etc. Ms. Sancy Thomas, president of Little Rock Carriage Company, spoke in support of the Ordinance, stating her line would consist of one horse and one carriage, and the regulations are very strict. Mr. Al Thomas also spoke in support of the Ordinance, stating the regulations more than adequately protect the horses. Ms. Gail Erwin, Red Oak Carriage Company of Austin, Arkansas, spoke in support of the Ordinance, stating her company provides horse drawn carriage rides for weddings and special events. Ms. Leslie Tucker, 901 West 47th Street, North Little Rock, AR, was the last speaker in support of the Ordinance. She is getting married in April and has hired Red Oak Carriage for her wedding. She concluded by urging the Board to pass the Ordinance. City Manager Cy Carney said staff continues to recommend disapproval of the Ordinance. The regulations are very strict but will be very difficult for staff to regulate and enforce. It is a bad idea to have this type of vehicle interspersed among routine vehicular traffic. Director Stewart said she could support having horse drawn carriages for weddings but not for amusement. Director Keck said having three (3) horse drawn carriages, not a fleet, gives us an excellent opportunity to see if we can handle this and to see how it works. Melissa Bridges read Director Adcock's statement as follows: "My no vote is not against Ms. Thomas but an Ordinance that covers not only today but others in the future. If this was down by the riverbanks or an area away from traffic, I would be for it, but not in heavy traffic areas and not so close to the restaurants. I have no problem with the special occasion rides." Director Cazort spoke in support of the Ordinance, stating he felt we have an extremely capable staff that is competent of handling this Ordinance. In response to Director Pugh's question, Mr. Carney said there is nothing in the Ordinance that designates the geographic area where the horse drawn carriages will be allowed to operate; however, the intent here is clearly the River Market District, and the light rail system (trolleys) would be in the same area, and the coordination would have to be worked out. Mayor Dailey said the real issue is whether or not we want horse drawn carriages in the City. All these points can be dealt with. A roll call vote was then taken on passage of the Ordinance as follows: Ayes — Directors Pugh, Hinton, Cazort, Keck, Wyrick, Kumpuris, and Mayor Dailey — total 7; Noes — Directors Lichty, Stewart, Kelly, and Adcock (via telephone pursuant to Ordinance No. 18,191 and Resolution No. 10,752) — total 4; Absent — None. The Emergency Clause contained in Section 18 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes — Directors Pugh, Hinton, Lichty, Cazort, Keck, Wyrick, Kumpuris, Kelly, Adcock (via telephone), and Mayor Dailey — total 10; Noes — Director Stewart — total 1; Absent — None. Whereupon, the Ordinance together with the Emergency Clause was declared PASSED. Item M -1 on the Agenda Modifications was a proposed Resolution making an appointment to the Racial and Cultural Diversity Commission, which was deferred until January 18, 2000. Director Pugh requested that the deadline for waiving the requirement for building permits for structures in the January 20, 1999, tornado disaster area, which will soon expire, be extended until January 2001. Assistant City Manager Bruce Moore said a Resolution would be prepared for the next Agenda. There being no further business to be presented, the reconvened meeting was adjourned at 5:12 o'clock P.M, with the Board of Directors to meet again in regular session on Tuesday, January 18, 2000, at 6:00 o'clock P.M. ATTEST: PROVED: T Ou & A City Clerk Robbie Hancock (*or Jim Dailey 2