08-01-00Agenda
August 1, 2000
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
August 1, 2000
The Board of Directors of the City of Little Rock, Arkansas met in regular session
with Mayor Dailey presiding. The roll was called by City Clerk Nancy Wood, with the
following Directors present: Directors Pugh, Hinton, Lichty, Keck, Stewart, Wyrick,
Kumpuris, Kelly, Adcock — 9 present — 2 absent, Mayor Dailey, Director Cazort
With a quorum present, Vice Mayor Wyrick 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.
Vice Mayor Wyrick turned the presentation of the Universal Soul Circus over to
Director Hinton. Director Hinton said this is an all black circus with all black
performers, and it is a first time for a circus of this sort in the City of Little Rock. A
video of some of the performance attractions was shown.
The following items were modifications to the August 1, 2000 Board of Directors
Meeting.
Item M -1— Resolution to make an appointment to the Vision Little Rock Team, was on
the addendum to add to the AVust 1, agenda. Vice Mayor Wyrick said she would like to
hold this item until August 15 , due to Director Cazort and Mayor Dailey being absent,
and that they have been real involved in the process. There was no motion to add the
item, and it was decided the item would be placed on the August 15 th Agenda.
7. ORDINANCE - Z- 6629 -A - 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 for Commercial Development Associates located east of University
between "B" and "C" Streets.)
8. ORDINANCE Z- 6629 -A — Approving a Planned Zoning Development and
Establishing a Planned Commercial District titled Commercial Development Associates —
Short Form —PCD located on the east side of University Avenue, Between "B" and "C"
Streets 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
Item 7 and Item 8 was deferred until August 15, 2000. Director Lichty made a motion
to remove the two items from tonight's agenda. Director Keck seconded the motion.
With a unanimous voice vote of Board Members present the items were deferred to
August 15, 2000.
Director Keck asked if Item 14, if there were no cards or objections, could be added to
the grouped items. His second suggestion was that following Citizen Communication,
grouped items be read at that time. Vice Mayor Wyrick stated that Item 14 was a public
hearing. Director Keck said his suggestion was that if there are none that comes forward
at the public hearing, and if the public hearing could be opened and closed, then read
Item 14 with the other grouped items. Vice Mayor Wyrick said if there were no
objections the item would be grouped with Items, 10,11, 12, 13, and 15.
There was a correction on Item 10, the item was listed as an ordinance on the agenda, and
should have been listed as a public hearing and ordinance.
Director Kelly had a question regarding Item 4. He stated despite the fact that we are
getting ready to set a public hearing, applications are already been distributed and
accepted on the funds and the majority if not all of them, are in fact form multi- family
applicants and developers. Andre Bernard, staff, said that currently applications are in
hand that they have had for the past several months and there is the Arkansas Enterprise
for the Development of the Disabled who is providing the TA assistance for the TNEP
Program. They are talking with residence and accepting applications. He said staff has
not moved on or processed any of the applications and was waiting for Board action to do
this. Director Kelly asked if the were for single family or multi - family units. Mr.
Bernard answered there was a mixture, some of both. Director Kelly asked why they
were promoting these applications before there was a public hearing? Mr. Bernard stated
that at this time they are gathering the information, getting the applications out there. He
said they have had applications on hand; they are not accepting or processing them at this
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August 1, 2000
time. Director Kelly asked if there was an equal amount of outreach being put into the
tornado areas for those individuals outside of this particular group that was mentioned
who was pushing this. Mr. Bernard said he had met with Charles Nickerson who is
working with AEDD,(Developmentally Disabled) and he was targeting all TNEP areas
and meeting with different organizations in each one of those areas. Director Kelly asked
if outreach was being done for the non - developmentally disabled population. Mr.
Bernard said AEDD is just the organization that is providing the TA, they are not
targeting a specific group. They are targeting all citizens in those areas. Director Adcock
asked how the money is split between multi - family and single family. Mr. Bernard
responded that he did not have that information with him, but would provide the
information to her. Director Lichty followed up, stating that last year when the Board
approved some of these funds for a couple of multi - family developments, the Board was
quite clear in the instructions that these funds be used for single family dwellings. Mr.
Cy Carney, City Manager responded to this, saying that three designated areas had been
approved already and this becomes area four, and the direction of the Board the last time
was to reserve both geographically equal amounts of the dollars for the three or four
areas, and reserve for single family thorough December 31, 1999. At that point in time,
the Board action was to not have any more reserve to geographic areas, and not any more
reserve single family multi - family, and that all the dollars are there, and no applications
have been approved since January 1, 2000. Director Lichty said the other Board
members could speak for themselves, but his position was the same as in 1999. Director
Keck suggested that maybe as part of the August 22 meeting, this become an item of
discussion at the Board retreat. He said he has a different perspective than Director
Lichty and thought the desire has been that staff promote and do what could be done for
single family development in the TNEP areas, however, on many occasions, there have
been groups and organizations that come to the Board and say they have all these people
that have applications that are going to come forward, and it can't be done if the money is
dedicated to multi - family, and they have as yet to submit a single application. He said he
didn't think staff could say we are going to target money for one thing and keep waiting
on it to come forward, and it hasn't happened. Director Keck said after the public
hearing comments from constituents need to be considered and be prepared to have this
as a policy discussion. Mr. Carney stated the public hearing is simply on the plan; there
are no applications to consider. He felt it was important to go ahead and set the public
hearing date. Director Adcock requested that applications not be accepted until the Board
has made a decision on what they want to do, and would like to have an update on the
three areas, including how many single families has been funded, and how many multi -
families, dollar as well a number wise. Director Kelly said his concern was that the
outreach effort had be focused on single family and if that has been a historic problem,
with using these funds for single family units, I wanted some assurance that is in fact the
focus of staff's outreach and public education regarding that. Mr. Moore stated that
Director Kelly was right on target, and stated that when the categories of funds was set
aside, the Board set aside approximately $50,000 dollars for technical assistance. He said
the city ahs entered into a contract with an organization to provide that assistance, their
only focus is single - family development. Their commitment to us as part of the contract
is to have 40 applications of single - family development into staff by the end of the
contract. Their goal is forty applications and ten confirmed contracts. He further stated
that there is outreach in all the areas, the tornado area and the other three designated
areas, but have accepted no applications to be acted upon until the Board has acted on
that designation.
Director Stewart asked what the deadline on the proposal was for Item 5 on the consent
agenda. Mr. Carney stated the proposals were due in last week on Thursday. Bryan Day,
Parks and Recreation Director said they received proposals up until 5 P.M. on Thursday
of last week. He stated that over the week end the committee reviewed the proposals and
turned in their results on Monday, and there was such a clear differential in who received
what scores, they felt comfortable brining it forward today. Director Stewart asked how
many were on the committee. Mr. Day said they had eight members of the committee,
three day care teachers from Nathaniel Hill on the committee, a city attorney
representative on the committee, Wendell Jones, former director of General Services and
who had worked that agency for a number of years, and then several Parks staff. UAMS
was clearly the most qualified provider. Director Stewart said she had a real problem that
it appeared to be a therapeutic program. Mr. Day responded that they believe the City
staff at Nathaniel Hill are excellent, and have many employees that for thirty years have
worked to provide quality childcare to those children and have seen them gore up and
become productive. He stated that for the last five years, the city has not been able to
fund that facility in an adequate level. Childcare is based on staff to child ratio, so the
fewer staff you have the fewer children you can serve, he said the numbers have dropped
from a maximum of 120 to 78 currently enrolled. Mr. Day said this years projected
budget is $801,000 at Nathaniel Hill and of that the City of Little Rock will put in
approximately $300,000 and the CDBG Fund will put in about $300,000 and the other
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August 1, 2000
$180,000 would be raised through fees at the daycare center. He said that is down from
five years ago at $1.2 million. For the last five years almost a half million dollars has
been cut from the budget. Director Stewart said since she had just gotten back, and not
had a chance to review the material. Director Stewart made a motion to remove this item
from the consent agenda. Director Kelly seconded the motion. The motion and second
were with drawn, and a new motion by Director Stewart was made to delay the issue for a
week. Director Kelly seconded the motion to delay. A roll call vote was taken and
recorded as: Directors Pugh, Lichty, Stewart, Wyrick, Kumpuris, Kelly, 6 Yes,
Directors, Hinton, Keck, Adcock, - 3 No.
Vice Mayor Wyrick asked the City Clerk Nancy Wood, to read the consent agenda, and
note that she was recusing on Item 3.
1. MOTION - To approve minutes from the regular Board Meeting held July 5, 2000.
2. RESOLUTION NO. 10,866 - To award a contract to B.R. McGinty Mechanical to
provide plumbing work on an as needed basis for over 261 city -owned buildings. 3.
3. RESOLUTION NO. 10,867 - Authorizing the Mayor and City Clerk to execute an
easement to Southwestern Bell Telephone Company for City owned property on Kanis
Road, partially occupied by Fire Station #15.
4. RESOLUTION NO. 10,868 - To set the date of Public Hearing for August 18, 2000
on the Tornado Disaster Area Targeted Neighborhood Enhancement Plan.
5. RESOLUTION — Authorizing the City Manager to enter into a contract with a
provider to operate the Nathaniel Hill Day Care Center. (Item was deferred to a
Reconvened Meeting set for August 8, 2000).
The consent agenda was read, and Director Adcock made a motion to adopt the consent
agenda. Director Kelly seconded the motion and by unanimous voice vote of Board
Members present, the consent agenda was adopted.
Vice Mayor Wyrick recognized scouts from Boy Scout Troop 7 and Troop 395.
The first speaker during Citizens Communication was Scott Copeland, First Vice -
president of the Marlow Manor Property Owners Association. He addressed the traffic
problem in the Hinson Road area between Hinson Road and Napa Valley. He asked the
Board to be proactive rather than reactive and put in a four way stop. Director Keck
asked Mr. Copeland if he would be willing to sit and be a part of a group that worked
with the Public Works office and Director Cazort and himself as they try to find any
possible way to do something about the situation. Mr. Copeland said he would be
interested. The next speaker was Don Darnell spoke on "National Night Out" and asked
that consideration be made to not have a Board Meeting the same night as this activity.
Mr. Darnell cited some recent media regarding different board members who were
running for reelection. Vice Mayor Wyrick asked Mr. Darnell not to make comments
toward the Directors. She told Mr. Darnell if he had general statements to continue, but
not to call the names. He stated he did not think he had called names, but would exceed
to her wishes. He then said the issue he was going to bring up was Director Adcock's
call for the Housing Board. He said the city has a Community Housing Advisory Board
and for the past two years, funding for that fund which was budgeted and allocated to
help low income people find affordable housing in the City, a major portion of that
funding has been diverted into tearing down the derelict houses. He stated that some of
those houses we rehabable and he felt the money need to be directed toward finding
affordable housing for low income people and there was already a board to help citizens
do that. Joshua Swift spoke on an issue regarding the old Fourche Creek Bottom on the
east side of Little Rock. He wanted to find the ownership of the old Fourche Creek
Bottom . He said they have stagnant water in there, that has been a problem for the last
eight or nine years. He said he cannot find who owns it, the City, the Port Authority, or
the Core of Engineers, etc. He said each item he contacts anyone of these, they say they
don't own it. He said they would like to have something done about the water. Mary
Swift spoke on this same issue. She handed out pictures of the problem area and a
petition from some of the residents who would like to see something done, as it was a real
health issue. Kate Althoff spoke on behalf of a group called Citizen's for the Land
Alteration ordinances. She said she had spoken to the Board once before, in March of
this year, and on that date resolution and an ordinance was passed, and wanted to remind
the Board of the resolution. She stated it was titled a "resolution for the intent to expedite
the review of the land alteration ordinances." The night the resolution was passed, there
was race on at that time to avoid compliance with the proposed ordinances in case they
passed. She said in the Boards wisdom they saw the need to pass this ordinance to avoid
that type of non - compliance. She stated she was asking once again to remember this
resolution and prevent a present day race that her group feels is taking place once again to
avoid compliance with these proposed ordinances. She asked as the Board reads the
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August 1, 2000
ordinances when they come forth that they remember the journey they have traveled. She
said the ordinances have been studied, reviewed, debated, proof read, compared,
prof:,•ssiorial -consultants have been brought in, other cities have been consulted,
F.Gc3zr:eq qns made, updates made, reconsidered, re- debated, and all this done by the task
erce, riot to even mention the hours of debate put in by the development community and
PC47 Linz,- City st. ff and all their generous hours and hard work. She asked for consideration in
expediting these ordinances, and questioned the need for further delay. Mr. Carney
informed that the date was about August 23rd to have the final ordinances in form and
also a recommendation to address the two specific parts of this discussion, which were
not addressed in final form by the Planning Commission. The question of the in lieu
payments and the question of the easement issue. There will be some recommendation
on those two key issues because the Planning Commission chose not to address these
issues but to pass them to the Board. Alvester Coley, 1310 West 20th Street, addressed
the issue of high crime in his neighborhood. He said he has talked to law enforcement
and has called and nothing is ever done. He said a police officer said the best they can do
is push them out of this area, then they set up in another area. This concluded Citizens
Communication.
7. ORDINANCE - Z- 6629 -A - 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 for Commercial Development Associates located east of University
between -' B" and "C" Streets.)(Item deferred to 8- 15 -00)
8. ORDINANCE Z- 6629 -A — Approving a Planned Zoning Development and
Establishing a Planned Commercial District titled Commercial Development Associates —
Short Form —PCD located on the east side of University Avenue, Between "B" and "C"
Streets 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. (Item deferred to
8- I5 -00)
Grouped Items: 10,11,12,13, and 14 and 15.
10. ORDINANCE NO. 18,323 - To abandon excess right -of -way at 4822 Country
Club Blvd., in Block 14, Newton Addition.
11. ORDINANCE NO. 18,324 - To amend Chapter 36 of the Code of Ordinances of
the City of Little Rock, Arkansas providing for modification of various procedures,
definitions, jand use regulations and for other purposes.
12. ORDINANCE NO. 18,325 - Z- 4328 -A - To reclassify property located north of the
dead -end of Rose Street, north of Kanis Road in the City of Little Rock, Arkansas,
from MF -12, Multifamily District to C -3, General Commercial District, amending
Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas and for other
purposes
13. ORDINANCE NO. 18,326 & PUBLIC HEARING - To accept the annexation of
8.6.468 acres, more or less, adjacent to the Ranch Subdivision, (The Sullivan Property.)
14. ORDINANCE NO. 18,327 - To amend the Land Use Plan (16,222) in the 65th
Street East Planning District changing various classifications; and for other
purposes.Vice Mayor Wyrick opened the public hearing. There were no speakers for or
against the issue. Vice Mayor Wyrick closed the public hearing. The items were read as
part of the grouped items.
15. ORDINANCE NO. 18,328 - To amend Little Rock, Rev. Code 2 -283 to change the
composition of the Little Rock Education Commission; to declare an emergency and for
other purposes. The Ordinances were read the first time. The rules were suspended to
provide for the second and third readings of the Ordinances 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. The ordinances were adopted by unanimous voice vote of the
Board Members present. The emergency clause was passed in item 15.
_ 6. ORDINANCE - To declare the evaluation of the City's Animal Control Services a
Professional Service; and for other purposes. (Ordinance was read the first time.)
9. ORDINANCE - To repeal Little Rock, Arkansas, Rev. Code 6 -1 to 52 (1988); to
provide for the membership of the Animal Services Advisory Board; to establish the
effective date for the various sections of the new Animal Services Code; to declare an
emergency; and for other purposes. Mr. Carpenter gave an overview of updates to the
ordinance to date. Speakers against portions of the ordinance were Lyslye Morrow, 22407
Crystalwood Drive, Janette Stell, 10602 Legion Hut Road, Don Darnell, 707 E. Wakefield
Drive, Bonnie Stenzel, 202 Post Street, Kathy Graves, 124 Pearl Street, Susan Whitman,
151 Hwy 108, Ashdown, Arkansas. Speakers for the ordinance were Mary Ann Davidson,
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August 1, 2000
3808 Oakwood Road, Alexis Leidigh, One Agate Cove, Emily Pennel, 2204 N. Arthur,
Johnathan Speerly, 4710 Sam Peck #2129 and Chris Bettis. Some of the speakers against
the ordinance said they would support a third tier added to the ordinance that would not
penalized responsible pet owners. Mr. Jimmy Prichard, City staff, brought it to the Boards
and citizens attention that a new position has been added to Little Rock Animal Services.
He stated it is a marketing and public relations position. One of the key things staff
recognized early on was that the position was need not only to market this ordinance but to
get proactive information out to the public as to what their responsibilities are as pet
owners and the different programs Animal Services is looking to develop. Director
Adcock asked for a report on how much money the City's general funds puts in to the
Animal Shelter and how much the Animal Shelter Funds bring in to the City, and if there
is any way the extra money coming in to the City could be put in an enterprise fund that
could be used at the Animal Shelter or the Spay and Neutering program or a program
similar to that, and not placed in the general fund. Mr. Carney announced that report
would be prepared for her. Director Keck was interested in statistics related to animals
that had been euthanized, and wanted to know if statistics are kept as to why they are
being brought to the shelter and why they are being abandoned. Mr. Pritchard replied that
those statistics are kept and could be provided to the Board. Director Kumpuris asked if
there was any thought on the two groups that spoke tonight to get together and see if there
is any common ground as to establishing the third tier that was discussed tonight, and
believed there was some validity to both parties concerns. Director Kelly asked for an
explanation on how the issue of insuring a fund or mechanism to assist low- income people
in obtaining a reduced cost for spays and neutering. Mr. Carney said the fund was
discussed, but is not addressed in the ordinance, the issue is to take the funds, from the
increased fees and provide that toward a special fund of some sort to help with these costs.
Mr. Carney said he did not favor doing that because at lest some of the dollars will be need
for basis shelter services the City offers. He said it is clearly a need and thought as the
statistical report that was asked for regarding the revenue, it could be looked at to
determine what revenue is there, there would be a need for some experience with the new
fees to determine what revenue is there, but didn't think it a good idea to dedicate all the
increased fees to these services without any going to basic operation. Director Kelly asked
if when budget discussions begin on August 22, would this be a good time to bring this
issue up. Mr. Carney responded that he was not sure specific expenditures would be dealt
with at that particular session, since that was planned to discuss revenue projections,
specific policies and other issues, but there would be series of eight budget discussions and
workshops plus seven public hearings and any time would be appropriate to bring the issue
up. There was more brief discussion regarding the low - income policy issue. The
ordinance was read the second time.
16. City Manager's Activity Report. Mr. Carney handed out material regarding public
hearing time changes and the general agenda for the budget, and issues to be discussed at
the Board retreat, on August 22, 2000. Director Adcock said there was no budget
meetings scheduled for the Dunbar area and the south end of the City, the John Barrow
area, and asked in there was a need for additional meetings. Mr. Carney said if there
were none in those areas, then additional meetings needed to be scheduled. Director
Kelly asked about carryover money, and why there isn't a line item for funds carried over
from previous years that are incorporated into the budget for the year, when they are
going to be expended during that year, and would like those represented in this budget.
Mr. Carney indicated that could be done. Director Kelly asked what happed to the
request for the assets vs. liabilities, five -year trend report he had asked for earlier. Mr.
Carney said there was a follow up note last Thursday in the Administrative Report, that
talked abut some of those specifics and was within thirty days of completion of the audit,
and it was his desire and the finance directors desire to have the best, most accurate
detailed figures for 1999 included in that report. Director Adcock asked if un- sewered
water customers could be added to the retreat agenda. Mr. Carney suggested the Amtrak
trip be rescheduled, and try to have at least a majority of the Board able to attend. Mr.
Carney announced the new Neighborhood Resource Administrator is Catherine Donnell,
previously the Director at the Nat Hill Day Care Center.
Director Adcock made a motion to adjourn, Director Keck seconded the motion, and by
unanimous voice vote by Board Members present, the meeting was recessed at 11:40
P.M. reconvene on August 8, 2000.
ATTEST:
City Clerk nancy Wood
APPROVED: \
C
yor Jim Dailey