02-15-00651
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
February 15, 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 Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, and Adcock - total 9; Absent - Director Pugh - 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 Mayor Dailey, followed by the Pledge of
Allegiance.
Mayor Dailey announced that the CATA presentation and Item M -1 on the
Agenda Modifications would be considered following the Consent Agenda.
Director Adcock moved to defer Items 27 and 34 as listed on the Agenda
Modifications. Director Hinton seconded the motion which was unanimously adopted.
Therefore, no action was taken on the following:
(27) AN ORDINANCE APPROVING A PLANNED ZONING
DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE
DISTRICT TITLED SOUTHRIDGE OFFICE PARK LONG FORM
POD (Z- 6787), LOCATED AT THE NORTHWEST CORNER OF
CANTRELL ROAD AND SOUTHRIDGE DRIVE, 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. (Deferred to March 7,
2000 as requested by applicant.)
(34) A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A TOWING FRANCHISE WITH ASHER
WRECKER SERVICE, INC., METRO TOWING & RECOVERY,
ROUTH WRECKER SERVICE, AND TREK TOWING, LLC. FOR
ONE YEAR, EFFECTIVE MARCH 1, 2000. (Deferred to February
22, 2000.)
Consideration was then given to the Consent Agenda, which consisted of the
following:
(1) City of Little Rock, Arkansas Comprehensive Annual Financial Report
for the year ended December 31, 1998. (To be received and filed.)
(2) City of Little Rock, Arkansas Single Audit Report for the year ending
December 31, 1998. (To be received and filed.)
(3) Resolution No. 10,766, entitled:
A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO
EXECUTE A CONTRACT WITH ARKANSAS ENTERPRISES FOR THE
DEVELOPMENTALLY DISABLED TO PROVIDE TECHNICAL ASSISTANCE
TO APPLICANTS FOR OWNER- OCCUPIED HOUSING ASSISTANCE; AND
FOR OTHER PURPOSES.
(4) Resolution No. 10,767, with the title being:
A RESOLUTION TO AUTHORIZE A CONTRACT WITH THE
PULAKSI ENTERPRISE COMMUNITY ALLIANCE, INC., TO PROVIDE
ADMINISTRATIVE AND OVERSIGHT SERVICES, TO PROMOTE REBUILD
ACTIVITIES AND PROJECTS, AND TO COORDINATE WITH THE DISASTER
AREA REBUILD COUNCIL; AND FOR OTHER PURPOSE.
652
Minutes
February 15, 2000
(5) Resolution No. 10,768, entitled:
A RESOLUTION AUTHORIZING MAYOR AND CITY CLERK
TO EXECUTE DEEDS FOR THE SALE OF CITY OWNED VACANT LOT AT
2609 BROADWAY TO MICHAEL W. & DEBRA A. STONE. (Lot 3, Block 4,
Retan's Addition.)
(6) Resolution No. 10,769, described as:
A RESOLUTION TO RESCHEDULE THE PUBLIC HEARING TO
MARCH 21, 2000 ON THE PETITION TO VACATE AND CLOSE A PORTION
OF 10TH AND 11TH STREETS AND THE ALLEY IN BLOCK 9 OF ROOTS &
COY'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS,
PURSUANT TO ARK. CODE. ANN. SEC. 14 -54 -104 (MICHIE 1987). (Resolution
No. 10, 744 set P.H. for 2- 15 -00.)
(7) Resolution No. 10,770, with the title being:
A RESOLUTION TO AUTHORIZE A CONTRACT WITH THE
FIRM BAIRD, KURTZ, & DOBSON TO PROVIDE AUDIT AND ACCOUNTING
SERVICES TO THE CITY; AND FOR OTHER PURPOSES.
(8) Resolution No. 10,771, entitled;
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF PUBLIC
HEARING ON AN ORDINANCE ESTABLISHING A SCHEDULE OF SEWER
RATES FOR THE LITTLE ROCK WASTEWATER UTILITY AND FIXING
THE EFFECTIVE DATE THEREOF AND DECLARING AN EMERGENCY.
(March 21, 2000)
(9) Resolution No. 10,772, described as:
A RESOLUTION REAPPOINTING MR. WOOTEN EPES AS A
COMMISSSIONER OF THE HOUSING AUTHORITY OF THE CITY OF
LITTLE ROCK, ARKANSAS.
Upon a motion and second by Directors Adcock and Hinton, respectively, the Consent
Agenda was unanimously adopted by the Board Members present.
Consideration was then given to Ordinance No. 18,202, with the title being :
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-4544 -A — To rezone property at 4701 Baseline Road from "R -2" Single Family
District to "C-1 " Neighborhood Commercial District.)
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being ten in number and two - thirds or more of the members of the Board of
Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes - Directors Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh -
total 1. Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 18,203, entitled:
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 -6798 — To rezone property at 1014 Autumn Road 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 ten in number and two - thirds or more of the members of the Board of
653
Minutes
February 15, 2000
Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes - Directors Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh -
total 1. Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 18,204, described as:
AN ORDINANCE APPROVING MODIFICATION TO A PLANNED
ZONING DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF A
PLANNED ZONING DEVELOPMENT TITLED HILLCREST SQUARE
REVISED PCD (Z- 4251 -A), LOCATED AT 3000 KAVANAUGH BLVD., IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NO. 14,747
AND 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 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 Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh -
total 1. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 18,205, with the title being:
AN ORDINANCE APPROVING MODIFICATION TO A PLANNED
ZONING DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF A
PLANNED ZONING DEVELOPMENT TITLED KANIS ROAD MINI - STORAGE
REVISED PCD (Z- 4653 -F), LOCATED ON THE WEST SIDE OF BOWMAN
ROAD, 700 FEET SOUTH OF KANIS ROAD, IN THE CITY OF LITTLE ROCK,
ARKANSAS, AMENDING ORDINANCES NO. 15,105, 16,204, 17,204, 17,403 AND
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 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 Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh -
total 1. Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 18,206, entitled:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED DISTRICT— COMMERCIAL TITLED
ACCESSIBILITY SPECIALITIES SHORT —FORM PD -C (Z- 5709 -A) LOCATED
ALONG THE WEST SIDE OF BARROW ROAD, APPROXIMATLEY 300 FEET
SOUTH OF LABETTE DRIVE 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 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 Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh -
total 1. Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 18,207, described:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED GMAC
LONG -FORM POD (Z- 6019 -B) LOCATED AT THE SOUTHWEST CORNER OF
CHENAL PARKWAY AND LA GRANDE DRIVE 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 third readings of the Ordinance by unanimous vote of the Board Members
3
rF
654
Minutes
February 15, 2000
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 Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh -
total 1. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 18,208, with the title being:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED DISTRICT - RESIDENTIAL TITLED
LINDSEY SHORT -FORM PD -R (Z -6766) LOCATED AT 3524 WEST CAPITOL
AVENUE 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 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 Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh -
total 1. Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 18,209, entitled:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED
WILLIFORD LONG -FORM PCD (Z -6783) LOCATED AT 15723 KANIS 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 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 Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh -
total 1. Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 18,210, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF MASTER STREET PLAN RIGHT -OF -WAY AND
FLOODWAY DEDICATION FOR WILLIFORD PCD (Z- 6783), LOCATED AT
15723 KANIS 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 the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes - Directors Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh -
total 1. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 18,211, with the title being:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED CHILDERS
SHORT -FORM POD (Z -6786) LOCATED AT 15000 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 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 Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh -
total 1. Whereupon, the Ordinance was declared PASSED.
Minutes
February 15, 2000
Consideration was then given to Ordinance No. 18,212, with the title being:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
ELLIS MOUNTAIN PLANNING DISTRICT FROM SINGLE FAMILY TO LOW
DENSITY RESIDENTIAL; AND FOR OTHER PURPOSES; (Re: Hyde Park PRD.)
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 Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh -
total 1. Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 18,213, entitled:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED RESIDENTIAL DISTRICT TITLED HYDE
PARK SHORT -FORM PRD (Z -6789) LOCATED AT THE NORTHWEST AND
SOUTHWEST CORNERS OF GAMBLE ROAD AND WESTGLEN DRIVE 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 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 Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh -
total 1. Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 18,214, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A CONDITIONAL WAIVER OF MASTER STREET PLAN STREET
IMPROVEMENTS FOR PRIEST SUBDIVISION (5- 1269), LOCATED AT 2519
WILLOW SPRINGS 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 the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes - Directors Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh -
total 1. Whereupon, the Ordinance was declared PASSED.
The next presentation was given to Ordinance No. 18,215, described as:
AN ORDINANCE TO AUTHORIZE A CONTRACT WITH METRO
PHYSIO CONTROL FOR THE PURCHASE OF FIVE (5) AUTOMATIC
EXTERNAL DEFIBRILLATORS FOR THE LITTLE ROCK FIRE
DEPARTMENT; TO WAIVE COMPETITIVE BIDS; 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 Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh -
total 1. Whereupon, the Ordinance was declared PASSED.
The Emergency Clause contained in Section 4 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Hinton, Lichty, Cazort,
Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent -
Director Pugh - total 1. Whereupon, the Ordinance, together with the Emergency Clause,
was declared PASSED.
655
656
Minutes
February 15, 2000
Consideration was then given to Ordinance No. 18,216, with the title being:
AN ORDINANCE TO AUTHORIZE A CONTRACT WITH HURST JAWS
OF LIFE TO REPAIR SUCH UNITS FOR THE LITTLE ROCK FIRE
DEPARTMENT; TO WAIVE COMPETITIVE BIDS; 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 Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh -
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 Hinton, Lichty, Cazort,
Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent -
Director Pugh - total 1. Whereupon, the Ordinance, together with the Emergency Clause,
was declared PASSED.
The CATA Route Modification Presentation began at 6:25 o'clock P.M. City
Manager Cy Carney stated that the proposed bus route changes were reviewed at two
public hearings. The CATA staff has done a good job in responding to the concerns of
citizens expressed at the public hearings. He recommended the Board authorize the
commitment of $90,000 to CATA to subsidize the cost of certain routes. Mr. Keith
Jones, Executive Director of the Central Arkansas Transit Authority (CATA), made a
presentation regarding the proposed bus route modification. He reviewed the Status
Report of the Proposed Bus Route Changes dated February 8, 2000, which had been
distributed to the Board. He said CATA is prepared to operate with the amount of money
the City of Little Rock has appropriated, but it will hurt some folks. There is about
$400,000 in additional costs; about $200,000 is for the opening of the long awaited and
much needed transfer center (located between 4th and 5th, Cumberland and Rock Streets),
which is scheduled to open in April, 2000. Vehicle insurance costs have increased and he
anticipates an increase in the union contract. He then responded to questions by the
Board. CATA has a contract with Alltel Arena for shuttle service for arena events. Little
Rock, North Little Rock, and Pulaski County are investing in a proposed River Rail
System to serve tourists, conventions, visitors and downtown residents and office
workers. He responded to Director Adcock's questions regarding the Welfare -to -Work
contract. FUTURE- Little Rock funds purchased smaller buses which cost less to buy,
but smaller buses are more expensive because they wear out in four years whereas the big
buses last twenty years. Following the lengthy discussion, Resolution No. 10,773 was
presented, described as:
A RESOLUTION TO AUTHORIZE AN ADDITIONAL COMMITMENT
OF NINETY THOUSAND DOLLARS TO CENTRAL ARKANSAS TRANSIT
AUTHORITY TO SUBSIDIZE THE COST OF CERTAIN ROUTES; AND FOR
OTHER PURPOSES.
Director Kumpuris moved to accept the Resolution with the amendment that within thirty
days of implementation of the new routes, CATA will provide the Board with a report of
how they are working. Director Hinton seconded the motion, and the Resolution was
unanimously adopted, as amended. At 7:35 o'clock P.M several citizens addressed the
Board regarding bus routes. Mr. Searcy Ewell (508 S. Valentine); Rea Cherreth (1201
Madison #D), Michael Triplett (HOPE Center Board); Clifton Coates (114 Brookside
Dr.); Brent Philpot (400 N. University #612); Arlene Surber (806 N. Coolidge);
Marilyn Shaffer (1602 Green Mountain #417); Rev. Delton Jones (2915 State);
William Shumaker (811 N. Spruce); and Jimmy Sparks. Ms. Shaffer presented a
stack of petitions to Mayor Dailey expressing opposition to the cuts in bus service and
asking the Board of Directors and CATA to keep residential bus service as it is. The
reduction in service will hurt senior citizens, people with disabilities, low- income citizens
and people who depend on public transit to travel to their jobs.
At 8:05 o'clock P.M. the Board of Directors recessed to Executive Session to
consider appointments to the Racial and Cultural Diversity Commission. The Board
reconvened at 8:35 o'clock P.M. with Mayor Dailey presiding and nine Directors present.
(Director Pugh was absent.)
6
Minutes
February 15, 2000
Consideration was then given to Resolution No. 10,774, entitled:
A RESOLUTION MAKING APPOINTMENTS TO THE RACIAL AND
CULTURAL DIVERSITY COMMISSION.
(Ward 3 — Lilia Compadre; Ward 5 — Eric Walker; At -large — Elizabeth Plowman.)
Following the reading of the Resolution, Director Cazort moved for its adoption.
Director Kumpuris seconded the motion and the Resolution was unanimously adopted
by the Board members present.
Item 10 on the Agenda was Ordinance No. 18,217 entitled:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED
"KROGER SHORT -FORM PCD" (Z- 6777 -A) LOCATED AT 1816 POLK
STREET (BLOCK BOUNDED BY KAVANAUGH BLVD., POLK STREET,
TAYLOR STREET AND CANTRELL ROAD) IN THE CITY OF LITTLE ROCK,
ARKANSAS; AMENDING THE OFFICIAL ZONING MAP OF THE CITY TO
DESIGNATE THIS PCD; AND FOR OTHER PURPOSES.
(Note: The Ordinance as read the first time included the phrase "APPROVING A
FRANCHISE TO USE AND OCCUPY THE RIGHT -OF -WAY OF "R" STREET
BETWEEN POLK AND TAYLOR STREETS. " However, the Ordinance was amended to
delete that phrase and to add a severability clause. See motion on page 3 following the
lengthy discussion and the first reading of the Ordinance)
There was a lengthy discussion from 8:40 o'clock P.M. to 9:45 o'clock P.M. Mr. Jim
Lawson, Director of Planning & Development, gave an overview of the project. He
displayed the original plan that was proposed over a year ago, and the plan that was under
consideration at this time. Staff has been working with Kroger for over a year on the
development. However, this issue first came to the Board as a street and alley closure on
January 4, 2000. As a result of the opposition by residents in the Pulaski Heights area to
the closing of "R" Street between Polk and Taylor Streets, Kroger has proposed a
Planned Commercial District, because some people were concerned that once the street
was closed they would not actually do what was proposed. Staff had another meeting in
the neighborhood to be sure people understood the plan. There was still some confusion
on the issue. Many thought this was a debate on the development. There is someone
who wants to present an alternative plan. Mr. Lawson did not feel the alternative plan
should be considered. The Board should vote on this plan only. This is not a battle of the
plans for the Kroger development. This has come to the Board after many, many changes
trying to address a lot of the issues. A lot of the residents are for the plan and there are
still a lot of people against the plan. The applicant has put retail on the front as requested.
They have done a lot of the things that staff has asked for. They have turned the Polk
Street entrance from a two -way to a one -way. Staff hopes you will approve the PCD in
this form. City Attorney Tom Carpenter said the Ordinance needs to be amended to add
the severability clause. He said there were two factors of some concern in drafting the
PCD because of the request to close "R" Street and the alleyway. One concern was what
is the best way to protect the City in the event anything unforeseen happens and this
particular development should be destroyed in the future, so there is very strong language
put into Section 2, subpart 1 and Section 4 of the Ordinance that note that this particular
closure is appropriate only because of the site plan and the type of development set forth
here. Section 4 acknowledges that the only effective method to ensure any compatibility
is that the development be in accordance with the site plan. The reason is to express this
Board's very strong concerns to all future Boards that should anything ever occur, this is
not to be a two block long commercial development that just meets minimum standards.
It really needs to be a very specialized development that cannot be altered without
express approval of the Board of Directors. Director Stewart felt the Board should
listen to the alternative plan. Mr. Lawson said he just wanted the Board to understand
this is the plan the applicant has filed. He had looked at the alternative plan for an access
off Cantrell Road and determined that it would not work. At 8:45 o'clock P.M. Mayor
Dailey announced there would be fifteen minutes for opposition to be presented. He read
the names of those that turned in cards opposing the Kroger development, but did not
wish to speak. Linda Hughes (8715 Cantrell Rd.), Mrs. John Miller (2101 N. Spruce),
Debbie Davison (8715 Cantrell Rd.), Dena and Nicholas Trujillo (5213 Country Club),
Kathie Felts (2034 Pine Valley), Ginger McEntire (5806 Hawthorne), Mrs. Fred Brown,
Jr. (31 Beverly Place), and Lisa Madigan (9 Dove Circle). Mr. Mark Stodola (former
City Attorney and a resident of the neighborhood) complimented Kroger for its
willingness to submit a PCD application and go through that process and the
improvements made to the overall plan. He expressed concern about the traffic
circulation and ingress and egress for the parking lot. The issue of where the curb cuts
657
658
Minutes
February 15, 2000
and traffic light should be is deserving of the Planning Commission analysis, but the
Kroger PCD has not come before the Planning Commission. He referred to Little Rock
City Code Revised Section 36 -81 which requires Planning Commission review and
recommendation. He asked the Board to send this matter back to the Planning
Commission. Responding to Director Keck's question, Mr. Carpenter said his office has
taken the position that the City Board can take action directly. Director Keck noted that
Kroger really did not have to submit the PCD; they could build on the property as it is
currently zoned ( "C -3" General Commercial). Mr. Bob Turner, Acting Director of Public
Works, said any unwarranted traffic signal is an impediment to traffic flow. Mr. Greg
Simmons, Peters & Associates Traffic and Transportation Engineers, said he believed
there are some traffic engineering issues that have not been addressed since no traffic
impact study has been done in relation to this site. (1) Will the site be adequately served
by the curb cuts proposed on Taylor Street alone? (2) If so, can the drive proposed on
Polk Street be closed? (3) If so, the warrants for the traffic signal at Cantrell and Taylor
should be re- examined. Mr. Larry Parker said that at the last Board Meeting, the words
used were that Kroger was to meet with, discuss and negotiate with the neighborhood.
That was not done. None of our recommendations or hypothetical situations have been
considered. Kroger is quibbling over the cost of relocating the utilities under "R" Street,
tearing down both buildings and relocating. Ms. Gala Miller (1815 N. Polk) said last
October the Polk St. and Tyler St. neighborhoods met and were united in one most
important plan change from Kroger — that was to close the Polk Street entrance as it was
critical in protecting their neighborhood. Their fear is that if they don't have the curb cut
off Cantrell, Polk Street becomes the curb cut and all the traffic will come down in front
of residential homes. She said the residents deserve a full and comprehensive hearing,
and this issue should go to the Planning Commission. Ms. Tricia Brown (5321
Hawthorne) said she was opposed because stores this size have not been built in
established neighborhoods and the way Kroger desires to place this store on our property
represents many traffic and safety issues. The alternative plan is workable and she urged
the Board to deny this request. Others registered to speak in opposition but did not
due to lack of time were: Richard Groh, Jim Frank, Lillian Porter, Martha Baldwin, Jim
Porter, Don Barnes, Kathy Wells, Patrice O'Donoghue, Forrest Wolfe, and Sue Wolfe.
Speaking in support of the Kroger Plan were Brock Thompson and Mildred Cooper,
representing 26 people that are impacted by the Kroger PCD and are in the immediate
neighborhood on Polk Street and Tyler Street. The immediate neighbors that will be
impacted are in favor of the PCD. Mr. Maury Mitchell also spoke in support of the
Kroger Plan, stating he lives within 1 -1/2 blocks of the store, and would like to get the
issue settled. Mayor Dailey asked City Attorney Tom Carpenter to explain the proposal
before the Board of Directors. Mr. Carpenter said what the Board had before was a
request to close a street and alley and there were certain conditions that had been placed
upon it. The Board requested that a more restrictive ordinance be in place which the
Little Rock Code allows. That is why the PCD is there. This PCD expressly refers to the
site plan that is attached to it which is the one that has been worked out through staff with
Kroger and to some extent has been reviewed by what went on before the Board of
Adjustment prior to that. The conditions of the Board of Adjustment are included in this
Ordinance. A PCD cannot be changed without an amendment which would have to come
to the Board of Directors. At that point it probably would have to go back through the
Planning process because there really wouldn't be any basis for it being more restrictive.
To the extent that we can keep this in a more refined alignment, we have done so in this
Ordinance. Mr. Mike Scott, 1824 N. Tyler, one -half block from the proposed Kroger,
said the plan meets with his approval. At 9:24 o'clock P.M. Mr. Corbin Rowe, Kroger
Real Estate Division, said they have addressed every issue. When questioned, he said
Kroger would pay for a traffic light if traffic warrants. Responding to Director Lichty's
question about the alternative plan, Mr. Rowe said the curb cut off of Cantrell, the angle
parking in the alley, and the courtyard for the shops cause such a shift in either cost or
revenue of the project that it makes it completely unworkable. Mr. Lawson said he had
gotten three or four calls from people on the south side of Cantrell in the Prospect Terrace
area who said they would be opposed to having a traffic signal because if traffic was
stopped there, they would not be able to get in and out of their neighborhood. Director
Stewart recommended that this issue go back to the Planning Commission. Director
Kumpuris said the issue before us is the closing of the street and alley. We have taken
that issue and we have gerrymandered Kroger's store and done what the neighborhood
wanted. Then they wanted to be sure ,Kroger would do what it said it would do. This is
what Kroger has offered us as an assurance for closing the alley and the street. Director
Kumpuris said that was his rationale for not sending this back to the Planning
Commission. The Ordinance was then read the first time. At the request of Mr.
Carpenter, a motion was made by Director Keck to amend the Ordinance by deleting
the language about approving a franchise and adding the severability clause. The
motion was seconded by Director Lichty and unanimously adopted. 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 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 amended, which is recorded as follows: Ayes: Directors Hinton, Lichty,
Minutes 6 5 Q
February 15, 2000
Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 10;
Noes — None; Absent — Director Pugh — total 1. Whereupon, the Ordinance, as amended,
was declared PASSED.
Introduced next was Ordinance No. 18,218, entitled:
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 IMPROVEMENTS
REQUIREMENTS AND DRIVEWAY SPACING FOR KROGER FOOD STORE
(Z -6777) LOCATED AT 1816 POLK STREET;
and the Ordinance was read the second time, having been read the first time on January 4,
2000, and deferred from January 18, 2000. (See discussion above related to Ordinance
No. 18, 217.) The rules were suspended to provide for the third and final reading of the
Ordinance by unanimous vote of the Board Members present, being ten in number and
two - thirds or more of the members of the Board of Directors. A roll call vote was taken
on passage of the Ordinance as follows: Ayes: Directors Hinton, Lichty, Cazort, Keck,
Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 9; Noes — None; Abstained
— Director Stewart - total 1; Absent — Director Pugh — total 1. Therefore, the Ordinance
was declared PASSED.
The next presentation was Ordinance No. 18,219, described as:
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. - re: Kroger Store.)
and the Ordinance was read the second time, having been read the first time on January 4,
2000, after the public hearing. The second reading had been deferred from January 18,
2000. (See discussion above related to Ordinance No. 18, 217.) The rules were
suspended to provide for the third and final reading of the Ordinance by unanimous vote
of the Board Members present, being ten in number and two - thirds or more of the
members of the Board of Directors. A roll call vote was taken on passage of the
Ordinance as follows: Ayes: Directors Hinton, Lichty, Cazort, Keck, Wyrick, Kumpuris,
Kelly, Adcock, and Mayor Dailey — total 9; Noes — None; Abstained — Director Stewart -
total 1; Absent — Director Pugh — total 1. Therefore, the Ordinance was declared
PASSED.
Consideration was given to Ordinance No. 18,220, with the title being:
AN ORDINANCE VACATING AND CLOSING A PORTION OF "R"
STREET BETWEEN POLK AND TAYLOR STREETS IN MOUNTAIN PARK
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; (Re: Kroger Store.)
and the Ordinance was read the second time. The public hearing was held January 4,
2000, and the Ordinance was read the first time. The second reading had been deferred
from January 18, 2000. (See discussion above related to Ordinance No. 18, 217.) The
rules were suspended to provide for the third and final reading of the Ordinance by
unanimous vote of the Board Members present, being ten in number and two - thirds or
more of the members of the Board of Directors. A roll call vote was taken on passage of
the Ordinance as follows: Ayes: Directors Hinton, Lichty, Cazort, Keck, Wyrick,
Kumpuris, Kelly, Adcock, and Mayor Dailey — total 9; Noes — None; Abstained —
Director Stewart - total 1; Absent — Director Pugh — total 1. Therefore, the Ordinance
was declared PASSED.
Item 14 on the Agenda was a proposed Resolution accepting two easements for
Candlewood Drive. City Attorney Tom Carpenter said there is really nothing before the
Board at this time. The Board previously passed an Ordinance (No. 18,186 on January
4, 2000) at the request of the Whisenhunts that closed the lower part of Candlewood Drive
(from that portion closed on October 19, 1999, by Ordinance No. 18,108 down to
Cantrell Road), provided that the City was granted utility and drainage easements and
that the easements were on file by February 15, 2000. That easement was filed today in a
form acceptable to the City Attorney that gives the City drainage and utility access and
access to emergency services vehicles and sanitation vehicles, so there is nothing before
the Board. Mr. Herb Rule, attorney for Char -Beck Trust, said there are a few defects the
Board might want to consider before accepting the easement. The easement has been
recorded but the Board has the right to refuse it. Part of the injunction in January was
that Mr. Jim Lawson, Director of Planning and Development, convene the parties to get
together and agree on an Ordinance. There was one meeting. Thereafter, Mr.
Whisenhunt refused to meet. The second defect is there is an important party that owns
property adjacent to the street who hasn't given the City anything. That is Simmons
9
i
Noes
Minutes
February 15, 2000
National Bank on the corner of Hwy. 10 and Candlewood. The absence of an agreement
gives Char -Beck Trust no access to its properly. Char -Beck is fully willing to give Mr.
Whisenhunt an easement of any sort that he needs, but he has not been willing to
negotiate with us in good faith. Director Lichty said what he understood is that public
access has been granted, but private access has not. Mr. Rule said that is correct.
Director Lichty asked Mr. Carpenter his opinion of this situation given what Mr. Rule has
stated. Mr. Carpenter said he has no right to tell a private entity who it can let on its
property. Nothing that has happened to date prohibits the Char -Beck Trust and the
Whisenhunts from negotiating access easements of their own on this road. Director
Lichty said clearly the granting of any easement was to allow Char -Beck to have access
to its property. Mr. Lawson said he and Mr. Bob Turner, Acting Director of Public
Works, had reviewed the video from the previous meeting, and what was clear to them
was that the City did not want to put the Whisenhunts in a negotiating position with Char -
Beck Trust, when this is a public street. These two parties will not agree. He did not feel
it was proper to put one landowner in a leverage position against another landowner when
the street belongs to the City. Mr. Carpenter said there is no sense in closing a street if
you are going to allow public access. Mayor Dailey agreed to meet with Mr. Rule and
Mr. Whisenhunt to discuss the matter. Mr. Carpenter will have an Ordinance
prepared for the reconvened meeting on Tuesday, February 22, 2000 to repeal the
Candlewood street closure.
Introduced next was Ordinance No. 18,221, entitled:
AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK
35 OF THE ORIGINAL CITY OF LITTLE ROCK, ARKANSAS; (Between
Cumberland/LaHarpe Blvd. And Ottenheimer Plaza/Rock Street — for LaHarpe
Furniture, et al.)
and the Ordinance was read the second time, having been read the first time on February
1, 2000, following the public hearing. The rules were suspended to provide for the third
and final reading of the Ordinance by unanimous vote of the Board Members present,
being ten in number and two- thirds or more of the members of the Board of Directors. A
roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded
as follows: Ayes: Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris,
Kelly, Adcock, and Mayor Dailey — total 10; Noes — None; Absent — Director Pugh —
total 1. Whereupon, the Ordinance was declared PASSED.
A public hearing had been scheduled for this time and place by a motion adopted
February 1, 2000, on the appeal of the Planning Commissions approval of a Conditional
Use Permit for a multi - sectional manufactured home to be located on the property at
14200 Alexander Road. The appeal was filed by Mr. Reginald N. Crouse. Mayor
Dailey declared the public hearing open at 10:05 o'clock P.M. The following speakers
asked the Board to deny the C.U.P. because it will devalue their properties: Mr. Woody
Ussery, #3 Natchez Lane; Mr. Don Robbins, 13908 Alexander Road; Mr. Daniel C.
Taylor, #8 Natchez Lane; Mr. Reggie Crouse, 60 Natchez Lane; and Mr. Jack Mitchell,
#10 Natchez Lane. Mr. Crouse submitted a copy of the petition presented to the Planning
Commission containing 40 names of residents opposed to the C.U.P. because they felt it
would reduce their property values. There are 40 site -built homes in this subdivision and
they are trying to increase their property values. He said Mr. Zimmerebner wants to put a
double -wide mobile home in place of a burned out site -built home, or ... and we don't
know that the "or" is. Pre - manufactured homes are not safe to have in this neighborhood
because we are in tornado alley. Ms. Janet Berry, 8013 Mabelvale Cutoff, spoke on
behalf of Southwest Little Rock United for Progress, stating the group voted to support
the residents of Alexander Road in their appeal of the C.U.P. She asked the Board of
Directors to overturn the action of the Planning Commission. Director Cazort pointed out
that the Bill of Assurance, referred to by Mr. Mitchell, is a contract between the property
owners and the City is not a party in that. The applicant, Mr. Bobby Zimmerebner,
14200 Alexander Road, said there are no residences connected to his property and the
area around is all woods. There are two residents across the street and they are not
opposed. Responding to questions by Director Wyrick, Mr. Zimmerebner said if the
C.U.P. is approved, he has a buyer for the property, who will tear down the burned
structure and place a multi - sectional mobile home there. He then showed a seven minute
video of the area. He said the manufactured home would not decrease property values in
the area. Director Wyrick said she lives on the east portion of Alexander Road and there
are a lot of really nice homes that were not shown in the video. As things change, the
City and the neighborhood are trying to improve. The homes in the video are the ones
that will be most closely affected. Director Adcock reminded the Board that it had
denied requests for mobile homes at two locations in this area. Director Kumpuris asked
that City Attorney Tom Carpenter draw up a six months moratorium on any
manufactured homes for the Board to consider in two weeks and to be sent to the
Planning Commission for guidelines. Mr. Carpenter asked that a section of the
Ordinance be to provide for temporary location of manufactured housing in case of a
10
Minutes
February 15, 2000
natural disaster. Mayor Dailey closed the public hearing at 10:45 o'clock P.M. Director
Keck moved to consider the Resolution. The motion was seconded by Director
Kumpuris and unanimously adopted. Therefore, consideration was given to Resolution
No. 10,775, described as:
A RESOLUTION RESCINDING THE LITTLE ROCK PLANNING
COMMISSION'S ACTION IN APPROVING A CONDITIONAL USE PERMIT
FOR A MULTI - SECTIONAL MANUFACTURED HOME TO BE LOCATED ON
THE PROPERTY LOCATED AT 14200 ALEXANDER ROAD (Z- 6779).
Following the reading of the Resolution, Director Keck moved for its adoption. The
motion was seconded by Director Kumpuris and the Resolution was unanimously
adopted by the following roll call vote: Ayes: Directors Hinton, Lichty, Cazort, Keck,
Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None;
Absent — Director Pugh — total 1.
The next presentation was Ordinance No. 18,222, described as:
AN ORDINANCE APPROVING MODIFICATION TO A PLANNED
ZONING DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF A
PLANNED ZONING DEVELOPMENT TITLED BRYELS REVISED PCD
(Z- 6788), LOCATED AT 8510 COLONEL MILLER ROAD, IN THE CITY OF
LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NO. 16,161 AND
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 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 Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None; Absent —
Director Pugh — total 1. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 18,223, with the tittle being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING
FOR A WAIVER OF SUDDIVISION ORDINANCES REQUIREMENTS FOR
COMMERCE SQUARE (S- 1115 -A) LOCATED AT NORTHEAST CORNER OF
UNIVERSITY AVENUE AND WEST 65 STREET;
and the Ordinance was read the first time. Mr. Bob Turner, Acting Director of Public
Works, responded to Director Adcock's questions regarding the waiver, stating this few
feet of curb and gutter would actually disrupt the typical section of University in this
area. Any project that changes University Avenue from an open ditch shouldered section
is going to be a very comprehensive project. 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 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 Hinton, Lichty, Cazort, Keck,
Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None;
Absent — Director Pugh — total 1. Whereupon, the Ordinance was declared PASSED.
A public hearing had been scheduled for this time and place by Resolution No.
10,761, adopted February 1, 2000, on the petition filed by Robert Brown, Development
Consultants, Inc., on behalf of One Bank & Trust and Franklin Limited Partnership, to
vacate a public utility easement in Lots 7, 8, and 9 of Markham Commercial Subdivision
of the City of Little Rock. The notice of hearing was published in the Daily Record on
February 8, 2000, and February 15, 2000. Mayor Dailey declared the public hearing
open at 10:55 o'clock P.M. No one was present who wished to speak on the issue and
Mayor Dailey declared the public hearing closed. Ordinance No. 18,224 was presented
with the title being:
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN
LOTS 7, 8, & 9 OF MARKHAM COMMERCIAL SUBDIVISION, AN ADDITION
TO THE CITY OF LITTLE ROCK, ARKANSAS;
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
11
661
662
Minutes
February 15, 2000
vote recorded as follows: Ayes: Directors Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None; Absent —
Director Pugh — total 1. Whereupon, the Ordinance was declared PASSED.
At 11:00 o'clock P.M. Director Adcock moved to waive the rules and extend
the meeting beyond 11:00 o'clock P.M. to 11:45 o'clock P.M. The motion was
seconded by Director Cazort and unanimously adopted.
Item 37 on the Agenda was the next presentation, being Ordinance 18,225
described as:
AN ORDINANCE AMENDING CHAPTER 8 OF LITTLE ROCK, ARK.
REV. CODE (1988) TO REQUIRE A SURETY BOND AS A CONDITION OF
ISSUANCE OF CONSTRUCTION RELATED PERMITS; AND FOR OTHER
PURPOSES.
(Note: The Surety Bond Ordinance had been deferred on November 6, 1999, December
7, 1999, December 14, 1999, and February 1, 2000.) Mr. Rex Johnson spoke in
opposition to the Ordinance, stating this will never be the answer to the problem the City
wants to correct. This will just allow the government more control. Mr. Roger Tipton,
Western Surety Company, said he was contacted many years ago by former Building
Codes Manager Roy Beard about establishing a compliance bond. A compliance bond
will protect the citizens in the event the contractor, electrician, plumber, etc. does not do
the work according to city codes. It will not cover everything, but if a citizen is harmed
he can make direct claim to the surety company to pay off any of the compliance work
that was not done properly. The bond will cost the contractor $50.00 per year. The bond
is for the protection of the poor and elderly. Mayor Dailey wanted to be sure that we
have an open door to anyone who has a complaint to file. Ms. Kathy Wells, Vice
President of the Coalition of Little Rock Neighborhoods, spoke in support of the
Ordinance, stating this is long- overdue protection for citizens and housing stock. She
urged the Board to maintain Section D of the original proposed Ordinance, which would
exempt only the owner working by himself on his primary residence. Do not exempt the
landlords. Responding to a question by Director Wyrick, Mr. Jim Lawson, Director of
Planning and Development, explained what has happened often in the last couple of years
is that the work would be started, the City would make the initial inspection, the payment
would be made for the remainder of the work, and the job was never completed. The
City has no way of making the contractor finish the work. Responding to a question by
Director Wyrick, Mr. Chuck Givens, Building Codes Manager, said the Home Builders
Association is split on the issue. The Ordinance was then read the first time. The rules
were suspended to provide for the second and third readings of the Ordinance by
unanimous vote of the Board Members present, being ten in number and two - thirds or
more of the members of the Board of Directors. A roll call vote was taken on passage of
the Ordinance as follows: Ayes — Directors Hinton, Lichty, Cazort, Keck, Stewart,
Kumpuris, Kelly, Adcock, and Mayor Dailey — total 9; Noes — Director Wyrick — total 1;
Absent — Director Pugh — total 1. Therefore, the Ordinance was declared PASSED.
At the time allotted for Citizen Communications, the only speaker was Mrs.
Kathy Wells, Vice President of the Coalition of Little Rock Neighborhoods, who
addressed the Board on the subject of crime fighting in Little Rock. Mrs. Wells
expressed concern about drugs and urged the Board to renew its attention to the $200,000
allocation for drug treatment programs in this year's budget and the $50,000 federal
grant to the Little Rock Police Department to deal with methamphetamine labs.
Consideration was then given to the City Manager's Activity and Project
Report, which consisted of a report of rescheduled ward meetings by HUD regarding
expanded citizen participation in the CDBG process. Director Hinton requested a
meeting at the Adult Leisure Center or the Woodruff School area.
The Board of Directors was scheduled to hold a Retreat on February 22, 2000, in
the Metroplan Building across the street from City Hall. Director Keck moved to hold
the Retreat in the Board of Directors Room at City Hall and the motion was seconded
by Director Cazort. The motion failed by the following roll call vote: Ayes — Directors
Hinton, Cazort, Keck, and Wyrick — total 4; Noes — Directors Lichty, Stewart, Kumpuris,
Kelly, Adcock, and Mayor Dailey — total 6; Absent — Director Pugh — total 1. Therefore,
the Retreat will be held at the Metroplan Building as scheduled.
12
Minutes
February 15, 2000
There being no further business to be presented, the Board of Directors recessed
at 11:30 o'clock P.M. to reconvene on Tuesday, February 22, 2000, at 4:00 o'clock P.M.
to consider a zoning issue at Cantrell Road and Ranch Drive and the wrecker /towing
franchise.
ATTEST:
<�Z aU4.¢:
City Clerk Robbie Hancock
13
APPROVED:
r�
I yor Jim Dailey
663
i"