06-06-00729
Minutes
City Hall — 500 W. Markham
Little Rock, Arkansas
June 6, 2000 — 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas, met in regular session with
Mayor Dailey presiding. City Clerk Nancy Wood called the roll with the following
Directors present: Hinton, Lichty, Cazort, Keck, Stewart, Vice mayor Wyrick,
Kumpuris, Kelly, Adcock — total 8; Absent — Directors Adcock 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:
Director Stewart gave the Invocation, followed by the Pledge of Allegiance.
Director Adcock enrolled at 6:05 P.M. and Director Kumpuris enrolled at 6:07 P.M.
A motion was made by Director Lichty and seconded by Director Pugh to add
Item M -1. RESOLTUION NO. 10,841— Authorizing the City Manager to enter into
contract negotiations with the Step UP Center and Dalton Whetstone Boys and Girls Club
to provide prevention, intervention and treatment services in Southwest Little Rock, to
the Consent Agenda. By unanimous voice vote, of Board Members present, the motion
was adopted. Mr. Carney stated there would be a two week deferral on Item # 16
ORDINANCE — To approve Nextel's WCF Collocation Landscaping Waivers as follows:
Enmar Drive, Fourche Dam Pike, North Martin, Rocky Valley Road, Booker Street,
Asher Avenue, Two Towers Road, Saddle Hill. Director Keck made a motion to defer
item 16 until June 20, 2000. Director Adcock seconded the motion, and by unanimous
voice vote of Board Members present, the motion was adopted, and the item was
deferred.
Presentations were as follows:
Director Lichty recognized Amber Muldrow, student representative on the Education
Commission, and awarded her a certificate of appreciation for outstanding service
rendered to the Commission.
Chief Phil Johnston of the Little Rock Fire Department presented awards to the ARFF
(Aircraft Rescue and Firefighting) Crew at Fires Station #22 located at the Little Rock
National Airport: From the Great Lakes Chapter of the American Association of Airport
Executives for Valor and Excellence in the field of Aircraft Fire Fighting and Rescue
Services. The award was presented to Chief Al Davis and Airport Manager Deborah
Schwartz the Association's annual conference in Baltimore, Maryland, on May 24, 2000.
The award included a wall plaque and check payable to the fire station crew to be used by
present and future crewmembers. The Fire Crew receiving recognition for meritorious
performance, courage, and dedication to duty on June 1, 1999, during the firefighting and
rescue activities at the scene of the Flight 1420 crash incident were: Captain Louis
Hawley (ARFF Crew), Firefighter/Driver Tim Bengston (ARFF Crew),
Firefighter /Driver David Perry (ARFF Crew), Firefighter Gene Earnhart (ARFF
Crew), Captain Doug Coney (Rescue I), Firefighter /Driver Rob George (Rescue I),
Firefighter Steven White (Rescue I), Firefighter /Driver Dale Hoffnagle (Rescue I),
Firefighter Steven Bell (Rescue I) Recognition went out to all the Little Rock Fire
Department Personnel who responded to the Flight 1420 Incident, on behalf of the Little
Rock Fire Department commending their professionalism and dedication to duty on June
1 and 2, 1999 during the Fire Department activities at the scene of the Flight 1420
Incident. Chief Johnston stated there were 77 Fire Department personnel who staffed 9
fire engines, 3 airport fire rescue units, 3 aerial ladder units, 1 heavy rescue unit, 1
hazardous materials unit, 5 Fire Marshal's Office and Training Division units, and 3
command vehicles. Director Keck asked that the families of the firefighters be
recognized for their support. Chief Johnston stated a uniform ribbon emblem was being
created that would include the digits 1420 on it, that would be worn by Fire Department
Personnel who responded to this incident.
Ms. Dee White presented video segments of the Earth Day Celebration sponsored by the
Common Ground Organization. Bill Ball presented an overview of solar powered future
events. Lorie Entenza with Common Ground donated the book The Cobbers
Companion. Jeff Hudnell, promoter for Cyber Tribe Productions, who sponsor non-
alcoholic youth promotions, provided the music at the Earth Day Celebration.
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Director Keck made the statement, regarding recycling, that the city was at a all time low
in recycling, and hoped the city could provide ways to actively increase recycling.
Director Adcock stated the Environmental Task Force was looking into this issue, that
she had citizens reporting that recycled items were being dumped directly into the
Garbage trucks, and this was discouraging to those who spent the time to sort recyclable
items. Director Adcock asked the City manager for a report on the findings of this issue,
Consideration was given to the Consent Agenda, which consists of.
1. MOTION - To approve minutes of regular meeting held March 21, 2000 and April
4, 2000, and a reconvened meeting held March 28, 2000 and April 11, 2000.
2. RESOLUTION NO. 10,830 - To authorize the purchase of reflective sign materials
from 3M Corporation; and for other purposes.
3. RESOLUTION NO. 10,831 - Of the Board of Directors of the City of Little Rock,
Arkansas certifying local government endorsement of eCountyInfo.com, LLC to
participate in the Advantage Arkansas Program.
4. RESOLUTION NO. 10,832 - Authorizing the City manager to enter into a contract
with Jimmy A. Patton Contractor, Inc., for demolition of the Consolidated Pipe and
Supply building located at 1300 East 2nd Street in the amount of $120,000.
5. RESOLTUION NO. 10,833 - To set the date of public hearing for June 20, 2000 to
consider abandonment of alley right -of -way between West 18 and 19 h Streets in Block
5, Blankenship Addition. (Deferred from 3 -21- 2000.)
6. RESOLUTION NO. 10,834 - To set the date of public hearing for June 20, 2000 to
vacate and close the alley located in Block 330, Original City of Little Rock, Arkansas,
bounded by 61n, 71n, Victory and Pulaski Streets.
7. RESOLUTION NO. 10,835 - Authorizing the City manager to enter into a contract
with Sterling Trucks of Arkansas, Inc. for the purchase of two (2) 25 Cubic Yard High
Compaction Refuse Collection Trucks in the amount of $188,292.00
8. RESOLUTION NO. 10,836 - Authorizing the City manager to enter into a contract
with F &F Supply Company in the amount of for the purchase of protective clothing for
the Little Rock Fire Department.
9. RESOLUTION NO. 10,837 - To request the Board of Directors of Metroplan to
modify scope of the Napa Valley Road Reconstruction Project, and for other purposes.
10. RESOLUTION NO. 10,838 - To authorize the City Manager to enter into an
agreement with Reliant Energy Arkla and St. Charles Municipal Lighting District No.
1 to provide street lighting within the district; and for other purposes.
M -1. RESOLTUION NO. 10,841 — Authorizing the City Manager to enter into contract
negotiations with the Step UP Center and Dalton Whetstone Boys and Girls Club to
provide prevention, intervention and treatment services in Southwest Little Rock.
A motion by Director Lichty, and a second to the motion by Director Adcock was made
to adopt the consent agenda. With a unanimous voice vote by Board Members present,
the Consent Agenda was adopted.
Mayor Dailey recognized Boy Scout Troop 30, St. Paul United Methodist Church, and
had members introduce themselves.
Citizens Communication was the next item presented.
The first speaker was Bill Spradlin, stated his church owned property in the Hwy 10 area
and could not get a permit from the city because of the issue on clear cutting, and was
requesting a permit to remove some timber. He stated they were only going to take out
15120 trees per hundred, and they would be pine trees, and it was doubtful it would be
noticed once it was removed because of the density of the trees on the property. Director
Keck asked if there was a definite building time. Mr. Spradlin said no, they had to raise
much more money before construction could begin. Director Keck asked Mr. Carney if
the ordinance could be looked at to have a hardship case presented on Mr. Spradlin's
behalf. Mr. Carney stated that some sort or amendment would have to be made to the
moratorium, if that was the Boards wishes, however at staff level he did not think they
could permit this under the terms of the Board approved moratorium. Diane Tooks,
1904 State Street, was the next speaker. She stated she was president of the Quapaw
Quarters Crime Watch Association, and on behalf of the members of the association,
would like to protest the removal of the barriers at State Street and Wright Avenue. Mr.
Carney stated staff did receive a petition from the church asking that the barricades be
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removed; stating they believed crime had significantly decreased in the area. The Police
Department and Public Works Department were asked to evaluate the request. They
determined that crime had improved significantly, with that in mind, a letter was sent to a
number of neighborhood individuals and advised them that effective Julyl, the barricades
would be removed based on the Police and Public Works report. Mr. Carney stated staff
believed that if there were an interest in not doing this, they would be heard from. Mr.
Carney stated residents, particularly those that lived in the area, not just those who
attended the church on Sunday, did respond, and as a result the decision was made that
the barricades would not be removed. Mr. Carney stated that if the decision had been
made to remove the barricades the area would have been monitored closely. Kathy
Wells, 2121 Gaines, The Gains and Arch Street Crime Watch, spoke on the same issue.
She stated they were concerned about process as well as decision. She stated there was
no process for discussion to bring forward the particular point that the barricades went up
to deal with the longest operating marijuana selling house in the City of Little Rock,
twenty to twenty five years, and never any results from police raids. The barricades were
the result and clearly had a good impact. The house and the owner remain, and believe if
the barricades are removed the problem comes back full force. She stated they never got
a chance to say that and believes the communication process should be better. Everlener
Dyer, 722 W. 19th Street, said there had been so much trouble in the area with selling
drugs, random shooting, and burglary that she was thankful the barricades would remain.
Shirley Lewis 420 West 31 St Street, stated she was at the meeting to talk about damage to
her home. She stated that approximately three years ago she had her house completely
repaired. Approximately a year after that the walls started cracking. She had pictures of
the damage, and that several others were at this meeting to address this issue. She stated
that this could possibly be from the blasting at Minnesota Mines, wasn't sure what was
causing it, but when they blast the windows shake, the whole house shakes. Director
Cazort asked if she had spoken to anyone at 3 -M Plant. Ms. Lewis stated she had not
spoken to anyone at 3 -M. Mary Alford, 3024 Center Street spoke on the damaged
homes issue stating that she thought what was happening in this area, was that there were
many elderly people living in the area and they had not said anything. She stated the five
years ago, she had paid $5,500, to have her house fixed. It came apart again. She was
there to ask the city's help in obtaining an independent geologist to help determine what
is going on. Mayor Daily asked the City manager and the City Attorney to come back to
the Board with more information and details concerning this issue. Director Kelly asked
if they had contacted a private civil attorney regarding this matter. Ms. Alford said no
but it was being considered. She stated she had also contacted 3 -M, and they denied any
responsibility. Director Pugh stated she went out to the location with this group of
people, and the walls were cracking outside, the foundations were cracking, something
was happening to those houses, some houses worse than others. John Watson was the
third speaker on the damaged homes issue. He stated he did not know what was
happening, but something was. He stated there was a lot of damage to the homes, and
windows shook and rattled every time 3 -M blasted, but the same thing happened when
some airplanes flew over the houses, he was just asking for the city to take some action,
to take a look at the situation. There being no other speakers, Citizens Communication
was concluded.
Director Pugh, in reference to Item 12, asked the applicant what they planned to do at the
Mother's Center. Sabrina McCoy stated she had worked with the Pulaski Enterprise
Community Alliance for four years in the establishment of the Mother's Centers. The
goal with the initial grant was to work with community women to develop the program so
the women could facilitate and facilitate the centers in addressing the needs as they
identify. It is a fluid concept, as the women come into the program, decide the issues that
need to be addressed. Assumption is that part of the program would be related to
parenting, training, education, and change as to women's needs. Director Pugh asked if
the women would just come to the center to learn these skills, but would go home at
night, and not be an overnight facility. Ms. McCoy stated that was correct.
Mayor Dailey asked for the grouped items to be read which included Items 11, 12, 13,
and 14.
11. ORDINANCE NO. 18,283 - To authorize a contract with J.A. Riggs for repairs on
the Articulated Dump Truck; to declare it impractical and unfeasible to bid this
contract; to declare an emergency; and for other purposes.
12. ORDINANCE NO. 18,284 — Approving a Planned Zoning Development and
establishing Planned Office District Titled Mother's Center — Short form POD located
the northeast corner of Martin Luther King Blvd. And West 27th 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
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13. ORDINANCE NO. 18,285 - Amending Chapter 31 of the Code of Ordinances of the
City of Little Rock, Arkansas providing for a waiver of all subdivision ordinance
requirements for St. Teresa's Catholic Church /Captain D's at 6205 Baseline Road and
for other purposes.
14. ORDINANCE NO. 18,286 - To grant an exclusive and limited franchise to BG
Excelsior Limited Partnership in and to the right -of -way of Ashley Street lying between
the eastern and western portions of Block 80, Original City of Little Rock, as currently
configured, for the purpose of the operation and maintenance of surface parking; to
declare an emergency; and for other purposes.
Mr. Carpenter stated that one of the things the City was going to be asked for, as a part of
the lease agreement with the Peabody is that the Ashley Street areas be set aside for
surface parking. There were some concerns as to exactly what would occur by those who
were involved, particularly those involved with the Arkansas Commemorative
Commission and concern as to what would happen if the street were actually closed since
typically the title to the street closure would revert to adjoining landowners. What has
been done instead is to put forth a franchise that would allow B. J. Excelsior, the entity
that will be operating the Peabody to exclude through traffic and to allow surface parking
in that area. The way the ordinance is worded the configuration of the street as of the
date the franchise is granted would not change. In addition there would be a reservation
for any police power issue the city has and also a reservation for any utility easements
that need to make repairs that the utilities have with their franchises. Section 2 of the
ordinance is drafted specifically requiring written notice to adjoining landowners if there
is any change or modification of the ordinance, and makes a special notation of a need to
contact The Arkansas Commemorative Commission or whatever successor agency may
be there. This is the entity that overlooks The Old Sate House. It notes in section 2 the
purpose for this special notice is to assure any modifications are consistent with the
esthetic and historic nature of the community but it's also assured that it doesn't preclude
the Board or any group from making a modification or amendment in the future if that is
appropriate. It does state this Board's intent that the historic nature is maintained in that
particular area. Section 3 notes that the franchise would run essentially with the lease
agreement that was approved at the May 23`d meeting, and in Section 3C the Board
expressly reserved so that all parties knows that all of its legislative authority over this
franchise agreement. The balance of the franchise is formal, the severability clause, and
the repealer clause and it states an emergency clause so at the conclusion of the contract,
efforts can move forward. Mr. Carney commented that one other action relates to
improvement of the street immediately west of The Old State House, that street being
Conway Street, and the city has agreed to do some minor pavement improvements to that
street in conjunction with the closing of Ashley Street. Kathy Wells 2121 Gaines Street,
stated her concern with the issue is The Old State House, she said she believed it was
worth more than the Excelsior and the Convention Center. She stated she was concerned
about encroachment on to Ashley Street, and concerned that the group was getting this
for a lifetime lease, and they were getting it for free. Ms. KathyWells urged the Board to
only approve the franchise for a period of five years, and charge them some kind of rent,
and encourage them to find alternative parking. Director Adcock moved to suspend the
rules and place the Ordinance on second reading. Director Kumpuris seconded the
motion. By unanimous vote of Board Members present, the motion was accepted.
Director Kumpuris stated he felt this was a partnership with the group and did not feel it
would be fair to tell them this franchise was only for five years. He stated the City had
been working for the last four or five years to try and figure out something on parking
downtown, and were not at the point to where the problem could be solved. The
ordinance was read the second time, the rules were suspended and the ordinance was
placed on third and final reading. By unanimous voice vote of all Board Members
present, the ordinance and emergency clause was adopted. (Director Lichty was not
present for the vote.)
15. PUBLIC HEARING & RESOLUTION NO. 10,839 - Public Hearing and
Resolution to appeal the Planning Commission's denial of the Barrow Road Church of
Christ Revised Conditional Use Permit at 8808 Byron Street
Mayor Dailey opened the public hearing. There were several speakers in favor of the
appeal. The Neighborhood Association was in favor. Mr. Lawson, Planning and
Development Director, stated the main reason the permit was denied was for lack of
information, they did not know what the neighborhood felt, didn't have a lot of the
information. He said they have now received a support letter from the Neighborhood
Group and have added several conditions to which they have agreed. With no opposition
presented, Mayor Daily closed the public hearing. Mr. Lawson stated at this point, the
staff would recommend approval. Director Adcock made a motion for adoption of the
resolution. Director Keck seconded the motion. By unanimous voice vote by Board
members present, the resolution to grant the appeal was adopted.
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16. ORDINANCE - To approve Nextel's WCF Collocation Landscaping Waivers as
follows: Enmar Drive, Fourche Dam Pike, North Martin, Rocky Valley Road,
Booker Street, Asher Avenue, Two Towers Road, Saddle Hill Road (Item was
deferred until June 20, 2000.
17. ORDINANCE NO. 18,287 - Z -6809 — Approving a Planned Zoning Development
and establishing a Planned Development — Commercial titled Bed and Breakfast Inn —
Short form PD -C located at the Southwest corner of West 7th and Cedar Streets 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. Staff recommends approval. (Second
reading.) The Ordinance was read the second time. Mr. Lawson, Planning and
Development Director stated what they would like to suggest and make part of the
ordinance was unless a signed agreement is in place; they would not get a building
permit. Mr. Lawson stated the applicant is agreeable to this. Director Adcock moved to
add this amendment, Director Kelly seconded the motion. Tom Carpenter, City Attorney,
stated that a redraft of the ordinance had already been done that includes this language.
The rules were suspended and the ordinance was placed on third reading. By unanimous
voice vote of the Board members present, the ordinance was adopted.
18. RESOLUTION NO. 10,840 - Authorizing the City Manager to enter into a contract
with Stone and Ward to provide marketing and public relations services for the
Department of Parks and Recreation Department; and for other purposes. Director
Adcock, with a second by Director Cazort, moved for the adoption of the resolution.
Director Cazort asked the City Parks and Recreation Director, Bryan Day, to give an
overview of the services Stone & Ward would provide. He stated they went through a
competitive selection process, and chose Stone and Ward based on some the work they
have done with the City in the past in the River Market. With a unanimous voice vote by
Board members present, the resolution was adopted.
19. DISCUSSION: Convention Center Utility Relocation: Mayor Dailey stated both
utilities, Entergy and Southwestern Bell have requested a sum be paid relative the utility
relocations as a result of the expansion of the State House Convention Center and that.
The A & P Commission considered the request and took no action on it. Vice Mayor
Wyrick recused due to her employment with Southwestern Bell Telephone Company.
Mayor Dailey brought the Board up to date on what has occurred to this point. Mayor
Dailey stated there is no action of anyone, including the Board, to say they would pay for
the relocation. All statements including written statements, including a written statement
form Mayor Daily has suggested that they are responsible for the relocation, but what has
happened is that when construction was to begin on the Convention Center and the
utilities indicated that these were going to be major expenses, as much as a million
dollars plus for each of the utilities, that he was called on as Mayor, to a least visit with
these entities and let them know this is something they need to pay. He stated he did that
and their reply was that they did not think they need to pay all of the cost, and as a result
got into some negotiations to see if there were any terms of agreement that could be
reached that would keep the city out of litigation or keep the city from having a
contentiousness with two good corporate citizens. The utilities came forward with a
proposal that it was in a range of three hundred thousand or so, for each of the utilities
that they would consider a settlement, and it could be paid over a period of time rather
than all at once, so there are issues the Board may want to consider. Director Kumpuris
said there were a lot of hard questions that needed answers and thought the Mayor was
right in bringing the issue up for discussion due to the fact that these are good corporate
citizens of the city. Director Keck asked for a memorandum that had been prepared by
either the City Attorney's office, the City Manager's office or Mr. Kemp of the A & P
Commission, outlining the issues being discussed, that he was unable to find a copy of
the memorandum, and asked Mr. Carpenter if it was not his office, if one could be
prepared outlining the issues from his perspective. Mr. Keck stated he was inclined not
to support the city Paying the fees for relocation, but the fact that the companies
involved, as pointed out by Director Kumpuris, are some of the best examples of
corporate citizenship. There were a few other questions by Board Members and the
discussion was concluded
Director Pugh said she had two complaints: One was at 619 E. 22nd Street, the lot was
overgrown and people were dumping on the lot. 2523 W. 25th Street, hedges have
overgrown to heights of ten feet or more. Director Stewart stated in the Granite
Mountain area, there was a problem with weeds growing up on vacant property. Director
Hinton stated he was concerned about where the funds would come from, if the City did
assist in paying the utility relocation fees. He stated parking was an issue that needed to
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be looked at, and be sure the city was on top of Director Hinton thanked the Board for
all their effort in supporting the Neighborhood Resource Center in his ward.
Director Kelly stated he gets a lot of requests about the City's finances. He asked for a
Financial Report that identifies the City's assets and liabilities. He asked that it be
compiled of data over the past four to five year period. He stated he felt a report showing
a ratio of assets to liabilities comparison would provide a clear sense of where the City is
going. Mr. Carney stated he felt this could be provided.
Director Keck asked for a follow up on a request he had made to Mr. Carney relating to
studying the City of Richmond and how they have worked in a multi jurisdictional
approach to enforcing existing gun laws and its impact on crime.
Director Adcock asked Mr. Carney if the present Board could have their pictures made.
She stated in six months, this Board could change. Mr. Carney stated he could arrange to
have this done.
Director Hinton asked about youth employment funds or jobs that would enable putting
youth to work this summer.
Director Wyrick asked if there were any tornado money that could be used in the
Woodland Ridge area.
Mr. Cy Carney gave a brief update on Vision Little Rock, and reported that an agreement
had been reached with the City of North Little Rock for the remainder of the season
regarding concerts of the same venue on the same dates.
There being no further business to discuss, Director Keck made a motion to adjourn,
Director Cazort seconded the motion, by unanimous voice vote all were in favor of
adjournment. The meeting adjourned at 8:40 P.M. to meet again in regular session on
June 20, 2000.
ATTEST:
City Clerk Nancy Wood
APPROVED:
yor Jim Dailey