02-01-00645
Board of Directors Room
City Hall — 500 W. Markham
Little Rock, Arkansas
February 1, 2000 — 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, Cazort, Keck, Stewart,
Wyrick, Kelly, and Adcock — total 8; Absent — Directors Lichty and Kumpuris — total 2.
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 Adcock, followed by the Pledge of
Allegiance.
(Director Kumpuris enrolled at 6:05 o'clock P.M.)
Upon a motion and second by Directors Adcock and Hinton, respectively, which
was unanimously adopted, a proclamation and Items M -1 and M -2 on the Agenda
Modifications were added to the Agenda and Item 12 on the Agenda was deferred. (See
Resolution No. 10, 765 and Ordinance No. 18,201.) Therefore, no action was taken on
the following:
(12) AN ORDINANCE AMENDING CHAPTER 8, OF THE LITTLE
ROCK REVISED CODE (1988) TO REQUIRE SURETY BONDS
OF CONTRACTORS AS A CONDITION OF ISSUANCE OF
CONSTRUCTION PERMITS; AND FOR OTHER PURPOSES.
(Deferred from I1 -6 -99, 12 -7 -99, 12- 14 -99, and 1 -11- 2000.) (Deferred)
Mr. Bob Turner, Acting Director of Public Works, read a brief bio of Mr. Bill
Russom, and presented a plaque to Mr. Russom for his forty (40) years of service with
the City of Little Rock, Arkansas. Mr. Russom retired on January 28, 2000, as Manager
of the Public Works Operations Division. Mr. Turner also commended the Public
Works employees for their hard work in battling the snow (6 "- 8 ") that fell in Little
Rock on Thursday, January 27, 2000. There were over 70 employees that worked from
noon Thursday through 6:00 P.M. Sunday.
Director Stewart read a proclamation which proclaimed the month of February,
2000, as Black History Month in the City of Little Rock, and presented the proclamation
to Mr. Leon Modeste, representing the Racial & Cultural Diversity Commission.
The Little Rock Zoo Annual Report was presented by Mr. George Mallory,
Chair of the Zoo Board of Governors, and Mr. Mike Blakely, Zoo Director.
The UALR/City Survey presentation was given by Mr. David Sink and Ms.
Diane Metzler. The report consisted of a three year (1995, 1997 and 1999) analysis of
Little Rock citizens' opinions regarding City services.
Consideration was then given to the Consent Agenda, which consisted of the
following:
(1) Approval of the Minutes of the Board of Directors regular meeting held
July 20, 1999, and the reconvened Meeting held July 27, 1999.
(2) Resolution No. 10,758, entitled:
A RESOLUTION PROVIDING FOR THE INSTALLATION OF
FIRE HYDRANTS WITHIN THE CITY OF LITTLE ROCK FOR THE YEAR
2000; AND FOR OTHER PURPOSES.
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February 1, 2000
(3) Resolution No. 10,759, described as:
A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH SKAGGS PUBLIC SAFETY UNIFORMS &
EQUIPMENT FOR THE FLEET SERVICES DEPARTMENT TO PURCHASE
EMERGENCY EQUIPMENT; AND FOR OTHER PURPOSES. (Not to exceed
$125,000.)
(4) Resolution No. 10,760, with the title being:
A RESOLUTION EXPRESSING THE WILLINGNESS OF THE
CITY OF LITTLE ROCK TO UTILIZE FEDERAL AID MONIES FOR
MABELVALE PIKE, ASHER TO 35TH STREET, 491H STREET TO GUM
SPRINGS ROAD.
(5) Resolution No. 10,761, entitled:
A RESOLUTION SETTING THE DATE FOR HEARING ON
PETITION TO VACATE A PUBLIC UTILITY EASEMENT IN LOTS 7, 8, & 9
OF MARKHAM COMMERCIAL SUBDIVISION, AN ADDITION TO THE CITY
OF LITTLE ROCK, ARKANSAS. (February 15, 2000.)
(6) Resolution No. 10,762, described as:
A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH SIEMS, INC., FOR CONSTRUCTION
SERVICES AT THE MACARTHUR PARK HISTORIC ARSENAL BUILDING;
AND FOR OTHER PURPOSES. (Not to exceed $159, 000.)
(7) A motion to set the date of hearing for February 15, 2000, on the appeal
of the Planning Commission's approval of a Conditional Use Permit for 14200
Alexander Road. (Z -6779 - Appeal filed by Reginald N. Crouse.)
(8) Resolution No. 10,763, with the title being:
A RESOLUTION TO APPOINT JERRY PAUL TO A CITY
POSITION ON THE CENTRAL ARKANSAS TRANSIT AUTHORITY; AND
FOR OTHER PURPOSES. (Replacing Harold Boldt.)
Upon a motion and second by Directors Adcock and Hinton, respectively, the Consent
Agenda was unanimously adopted by the Board Members present.
At the time allotted for Citizen Communications, the first speaker was Ms.
Eulalia Araoz, 24 Glenridge Road, who addressed the Board of Directors regarding the
City's proposal to remove a portion of Cooper Orbit Road from the Master Street Plan.
She stated that Cooper Orbit Road is the only access to her property and requested that
access to a city street for her entire frontage be preserved. Mayor Dailey asked City
Manager Cy Carney to provide the Board with a written report on the proposal.
Ms. Dee White, 116 Brown Street, was the next speaker during Citizen
Communications. She said she had read that no one had applied for the Volunteerism
Coordinator position, and she was applying. She named several activities in which she
was involved.
The next speaker during Citizen Communications was Rev. Larry Gary, 1104
Boundless Street, who asked about the 32 houses that had been removed from the
demolition list the previous week. When will something be done about those houses?
He also requested that something be done about the railroad crossings in east Little
Rock, stating the tracks need to be replaced.
Also speaking during Citizen Communications was Mr. Robert Phillips, 300
West Capitol Avenue. Mr. Phillips said the Little Rock Police have a personal vendetta
against him. He appeared before the Board a year ago with the same claim. He said
there should be something to back up the allegations that were made in Municipal Court.
He said if there was documentation to support the allegations made in the transcript, he
would plead guilty. Mayor Dailey said he would be glad to meet with Mr. Phillips to
discuss the process.
There were nine people present who wished to address the Board during Citizen
Communications regarding the bus route changes proposed by Central Arkansas
Transit Authority (CATA). Mayor Dailey allowed two minutes for each person to speak.
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February 1, 2000
Speakers were Brent Philpot, 400 N. University #612, Marilyn Shaffer, 1602 Green
Mountain Dr. #417; Arlene Surber, 806 N. Coolidge; Rhea Cherrith, 1201 Madison St.
Apt. D; Searcy Ewell, 508 S. Valentine; Tina Tipton, 225 Keithley Dr. #C12; Clifton
Coates, 114 Brookside Dr.; Bill Shumaker, 811 N. Spruce; and Anthony Minyard,
2101 Klavanaugh #3. Mr. Philpot presented a petition signed by residents of the Summit
House regarding the University and Lee bus route. Ms. Surber was concerned about the
University /Mississippi /H Street/Rodney Parham routes. Mr. Coates asked why CATA
was buying big buses instead of small vans or buses. Mr. Menyard works with
Mainstream as an advocate for persons with disabilities and expressed concern for how
the changes would affect persons with disabilities.
Item 9 on the Agenda 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 SIDEWALK CONSTRUCTION FOR TRIANGLE
PROPERTIES INDUSTRIAL PARK LOT 37R AND LOT 38, LOCATED AT 8520
DISTRIBUTION DRIVE" and the Ordinance was read the first time. Mr. Bob Turner,
Acting Director of Public Works, explained that this is a request for a sidewalk waiver.
The Master Street Plan requirements are triggered by the fact they are dividing the
property. The streets are up to standard, but there are no sidewalks in front of these two
lots nor adjacent to this property. However, there needs to be a first step and Staff
recommends that the waiver be denied and that a sidewalk be constructed. Mayor Dailey
had three issues: (1) Does it make sense to have sidewalks at all on this street? (2) Are
there a number of businesses on that street that have not installed sidewalks? (3) It
appears that there is a fairly minimal dollar outlay by this company to deal with its
request so they can back trucks in, and the percentage of costs to them for putting the
sidewalks in seems to be fairly high as a percentage of their costs of construction. Mr.
Turner said they could do a 15% contribution in lieu of putting in the sidewalks, which
may be desirable to them. (The 15% contribution is based on the cost of the
improvements, not the cost of the sidewalk.) We estimate the frontage cost for the
sidewalks to be in the range of $5,700. Mr. Turner said there are several businesses that
do not have sidewalks. This is a miniature version of a subdivision; a part of the filing of
the final plat of the re- subdivided lot. Director Adcock said the applicant is not building
on this site, just using it to turn around its trucks, and she felt this is a good case for a
waiver. Mr. John Turner, Branch Manager for Co- Plastics, said the company is trying
to improve its property and is buying a 40 ft. by 300 ft. strip of land for $13,000 in order
to back the trucks into the facility. Nothing is being built. Mrs. Janet Berry, Vice
President of Southwest Little Rock United for Progress, spoke in opposition to the
waiver. She said she could not support anyone in Southwest Little Rock that is asking for
a waiver of sidewalks. She asked the Board to at least go for a deferral. Also speaking in
opposition to the waiver was Mr. Norm Floyd, representing the Chicot West/I -30 South
Neighborhood Action Plan, which includes this property. "We want to make sure that
infrastructure happens in this area." He did feel that a deferral of the sidewalk for a
reasonable time was in order. If a waiver was given, a sidewalk would never have to be
built no matter what developed. Mr. Dick McKinney said Co- Plastics has been
encroaching on the property next door unwittingly since 1975, and is purchasing this
property to correct that. He didn't feel that sidewalks should be required in industrial
areas. City Attorney Tom Carpenter said if the desire of the Board is not to require
building of sidewalks because of this redefinition of the lot lines and therefore the new
subdivision plan and for that limited purpose only, perhaps the title would read: "AN
ORDINANCE TO AMEND CHAPTER 31 OF THE CODE OF ORDINANCES
CONCERNING THE REQUIREMENTS OF THE MASTER STREET PLAN FOR
SIDEWALK CONSTRUCTION IN TRIANGLE PROPERTIES INDUSTRIAL PARK LOT
37R AND LOT 38, LOCATED AT 8520 DISTRIBUTION DRIVE." . . . and .. .
"Subsection a. That Section 31 -282 shall not be deemed to require the abutting street to
be constructed in accordance with Master Street Plan because of the change in the lot
line and a new definition of subdivision, provided that this waiver applies only to the
relocation of the lot line and not to any further development on the site that might trigger
Master Street Plan requirements. " Director Adcock moved to amend the Ordinance as
stated by Mr. Carpenter. The motion was seconded by Director Wyrick and
unanimously adopted. Whereupon, Ordinance No. 18,197, entitled:
— AN ORDINANCE TO AMEND CHAPTER 31 OF THE CODE OF
ORDINANCES CONCERNING THE REQUIREMENTS OF THE MASTER
STREET PLAN FOR SIDEWALK CONSTRUCTION IN TRIANGLE
PROPERTIES INDUSTRIAL PARK LOT 37R AND LOT 38, LOCATED AT 8520
DISTRIBUTION DRIVE;
was then read the first time, as amended. 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
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February 1, 2000
Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with
the vote recorded as follows: Ayes — Directors Pugh, Hinton, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None; Absent —
Director Lichty — total 1. Therefore, the Ordinance, as amended, was declared PASSED.
The next presentation was Ordinance No. 18,198, described as:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
DEFERRAL OF STREET IMPROVEMENTS FOR CLEAR CHANNEL
BROADCASTING, LOCATED AT 10800 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 ten in number and two - thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Pugh, Hinton, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and
Mayor Dailey — total 10; Noes — None; Absent — Director Lichty — total 1. Therefore, the
Ordinance was declared PASSED.
A public hearing had been re- scheduled for this time and place by a motion
adopted on January 4, 2000, on the petition filed by Mr. Pat McGetrick on behalf of
Matchett Trusts, SRM Properties (LaHarpe Furniture), the River Market, and the Union
Pacific Railroad to vacate and close the alley in Block 35 of the Original City of Little
Rock. (Note: Resolution No. 10, 737 adopted December 20, 1999, originally set the
public hearing for January 4, 2000 and 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 7:40 o'clock P.M. City Manager Cy Carney said an agreement has been
reached with Mr. Machett but there are still some details to be worked out, and asked that
the Ordinance be read the first time only. Mr. Rusty Matchett, president of SRM
Properties (LaHarpe Furniture), speaking on behalf of all the property owners, explained
the development of the property. Phase I of the development will feature Chanel 7 which
will open next week and will do a live broadcast from the River Market 220 days out of
the year, Tipton & Hurst, a sunglass shop, Tex -Mex Restaurant, and an apparel company.
Phase II of the development will feature upstairs offices. Phase III will be a basement
development. Mayor Dailey declared the public hearing closed at 7:45 o'clock P.M. and
the proposed Ordinance was presented, with the title being:
AN ORDINANC VACATING AND CLOSING THE ALLEY IN BLOCK 35,
ORIGINAL CITY OF LITTLE ROCK, ARKANSAS. (Between
Cumberland/LaHarpe Blvd. and Ottenheimer Plaza/Rock Street.)
The Ordinance was read the first time and left on the calendar for second reading on
February 15, 2000.
Introduced next was Ordinance No. 18,199, entitled:
AN ORDINANCE TO AMEND LITTLE ROCK, ARK., ORDINANCE NO.
16,345, EXPANDING THE MEMBERSHIP OF THE SISTER CITIES
COMMISSION; 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 ten in number and two - thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Pugh, Hinton, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and
Mayor Dailey — total 10; Noes — None; Absent — Director Lichty — total 1. Therefore, the
Ordinance was declared PASSED.
The next presentation was Ordinance No. 18,200, described as:
AN ORDINANCE TO AUTHORIZE A CONTRACT WITH WORLD
WIDE IMPORT FOR THE PURCHASE OF CERTAIN PLAYGROUND
EQUIPMENT; TO WAIVE COMPETITIVE BIDDING; AND FOR OTHER
PURPOSES. (For Boyle Park - Not to exceed $43,657.)
and the Ordinance was read the first time. Mr. Bryan Day, Director of Parks &
Recreation, explained why the equipment is being purchased from Ragusa, Italy, a sister
city to the City of Little Rock. The City of Little Rock has entered into an agreement
with Ragusa, Italy, for cooperative relations and as a result of this relationship there have
been efforts to help provide special equipment for one component of the playground at
Boyle Park. This will be special barrier free playground equipment. Since $30,000 of
the cost of the equipment is being funded by a grant from the Fruehoff Foundation, it is
impractical and unfeasible to have competitive bids. The rules were suspended to
provide for the second and third readings of the Ordinance by unanimous vote of the
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February 1, 2000
Board Members present, being ten in number and two - thirds or more of the members of
the Board of Directors. A roll call vote was taken on passage of the Ordinance as
follows: Ayes - Directors Pugh, Hinton, Cazort, Keck, Stewart, Wyrick, Kumpuris,
Kelly, Adcock, and Mayor Dailey — total 10; Noes — None; Absent — Director Lichty —
total 1. Therefore, the Ordinance was declared PASSED.
Consideration was then given to Resolution No. 10,764, entitled:
A RESOLUTION REAPPOINTING MR. LEON MATTHEWS TO THE
SISTER CITIES COMMISSION.
Following the reading of the Resolution, Director Cazort moved for its adoption. The
motion was seconded by Director Adcock, and the Resolution was unanimously adopted.
The next presentation was Item M -1 on the Agenda Modifications, being
Resolution No. 10,765, described as:
A RESOLUTION AUTHORIZING THE TREASURY MANAGER, AN
ACCOUNTANT AND AN ACCOUNTING CLERK- SENIOR TO EXECUTE
WIRE TRANSFERS FROM CITY BANK ACCOUNTS HELD BY
METROPOLITAN NATIONAL BANK IN ORDER TO TRANSACT CITY
BUSINESS AND TO EFFECT SECURITIES TRANSACTIONS, AND TO MAKE,
EXECUTE, AND DELIVER ANY AND ALL WRITTEN INSTRUMENTS
NECESSARY OR PROPER TO EFFECTUATE THE AUTHORITY HEREBY
CONFERRED; AND FOR OTHER PURPOSES.
Following the reading of the Resolution, Director Keck moved for its adoption. The
motion was seconded by Director Cazort, and the Resolution was unanimously adopted.
Introduced next was Item M -2 on the Agenda Modifications, being Ordinance No.
18,201, entitled:
AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH J. A. RIGGS FOR REPAIRS TO THE
LANDFILL CATERPILLAR COMPACTOR; TO WAIVE COMPETITIVE
BIDDINGS; 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 ten 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, Cazort, Keck, Stewart, Wyrick,
Kumpuris, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None; Absent — Director
Lichty — total L.
The Emergency Clause contained in Section 3 of the foregoing Ordinance was
then read and adopted by the following roll call vote: Ayes — Directors Pugh, Hinton,
Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 10;
Noes — None; Absent — Director Lichty — total 1. Whereupon, the Ordinance together
with the Emergency Clause was declared PASSED.
City Manager Cy Carney gave his Activity and Project Report, which consisted
of a recap of the January 27, 2000 snowfall event; a report on two union negotiations - a
two year contract agreement has been reached with the International Association of
Firefighters for the years 2000 -2001 but the City has reached an impasse with the
AFSCME Local 994 non - uniform employees; Minutes of the two CATA public hearings
regarding bus route modifications; and a summary of the six (6) documents related to the
final audit report for 1998 from Deloitte & Touche.
City Manager Cy Carney introduced three of the Finance Department officials —
Acting Director Jerry Paul, Treasury Manager Dwight Goodwin, and Treasury
Analyst Scott Massanelli.
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February 1, 2000
There being no further business to be presented, the Board of Directors
adjourned at 8:10 o'clock P.M. to meet again in regular session at 6:00 o'clock P.M. on
Tuesday, February 15, 2000.
ATTEST:
Qua, ..ii 94qaek,
City Clerk Robbie Hancock
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APPROVED:
ayor Jim Daile