12-12-00u IC
Minutes
Board of Directors Room
City Hall — 500 W. Markham
Little Rock, Arkansas
December 12, 2000
The Board of Directors of the City of Little Rock, Arkansas, met in regular session with
Mayor Jim Daily presiding. Vice Mayor Wyrick gave the invocation, which was followed
by the Pledge of Allegiance. City Clerk, Nancy Wood called the roll with the following
Directors present: Directors Pugh, Hinton, Cazort, Keck, Wyrick, Kumpuris, Kelly, and
Adcock, Stewart, Lichty.
With a quorum present, Mayor Dailey declared the meeting in session, and was recorded as
follows:
The following modifications were made to the December 12, 2000 Agenda:
M -1. ORDINANCE - To waive competitive bids and authorize the City Manager to enter
into a sole source contract with Panoramic Feedback to supply employee performance
appraisal assessments for the City of Little Rock.
M -2. ORDINANCE - Amending "Addendum A" of Little Rock Ordinance No. 17,690, to
add other Zoo improvement projects for bond issue funding; and for other purposes.
M -3. PRESENTATION - Christmas Needs: Arkansas Food Bank Network and Arkansas
Rice Depot.
M -4. ORDINANCE - Appropriating $110,000 to retain services of the Urban Land
Institute and for other purposes.
M -5. RESOLUTION - Authorizing the City Manger to enter into a contract with ULI
(Urban Land Institute.)
M -6. RESOLUTION - Authorizing an extension of the contract with New Futures for
Youth to provide youth employability, evaluation, technical assistance, and violence
prevention services.
M -7. RESOLUTION- - Authorizing an extension to the contract with five organizations to
provide youth intervention programs (YIP) in targeted neighborhoods.
M -8. RESOLUTION - Authorizing an extension to the contract with two organizations to
provide neighborhood support center services, and for other purposes.
M -9. RESOLUTION - Authorizing an extension of the contract with nine organizations to
provide youth prevention programs in targeted neighborhoods.
M -10. RESOLUTION - Authorizing an extension of the contract with University of
Arkansas for Medical Sciences AR Cares to provide women's outpatient substance abuse
treatment services to Little Rock residents.
M -11. RESOLUTION- - Authorizing an extension of the contract with the Arkansas
Department of Health, Bureau of Alcohol and Drug Abuse Prevention, to provide adult
substance abuse treatment services in a residential setting to Little Rock residents.
M -12. RESOLUTION - Authorizing an extension of the contract with Arkansas
Children's Hospital (ACH) to provide adolescent outpatient and limited residential
substance abuse treatment services to Little Rock Residents.
M -13. RESOLUTION- - Authorizing the City Manager to enter into contract negotiations
with organizations to provide job placement services to welfare to work eligible clients; and
for other purposes.
M -14. RESOLUTION- - Authorizing the City Manager to enter into a lease with First
Tee of Arkansas to manage the First Tee Golf Course and Program.
DEFERRALS
PRESENTATION - City Beautiful Commission Landscape Awards
30. RESOLUTION - To renew taxicab operator permit for Dewey Worthy Taxi
Company. (Deferred to December 19, 2000)
31. RESOLUTION - To renew taxicab operators permits for Black and White Cab
Company. (Deferred to December 19, 2000)
6;1
M -1. ORDINANCE - To waive competitive bids and authorize the City Manager to enter
into a sole source contract with Panoramic Feedback to supply employee performance
appraisal assessments for the City of Little Rock. (Deferred to December 19, 2000)
M -4. ORDINANCE - Appropriating $110,000 to retain services of the Urban Land
Institute and for other purposes. (Deferred indefinitely.)
M -5. RESOLUTION - Authorizing the City Manger to enter into a contract with ULI
(Urban land Institute.) (Deferred indefinitely.)
M -12. RESOLUTION - Authorizing an extension of the contract with Arkansas
Children's Hospital (ACH) to provide adolescent outpatient and limited residential
substance abuse treatment services to Little Rock Residents. (Deferred to December
19, 2000.)
Director Lichty made a motion to add the following modifications to the consent
agenda: Items M -6, M -7, M- 8,M -9, M -10, M -11, M - -13, and M -14 and additionally
add Item M -2 to the Grouped Items and to remove Items 30, 31, M -1, M -4, M -S,
and M -12. Director Keck seconded the motion. By unanimous voice vote all were
in favor of the listed modifications.
Item M -3, a presentation titled: Christmas Needs: Arkansas Food Bank Network
and Arkansas Rice Depot was added to the agenda. Representatives from these
organizations gave an overview of their program, and asked citizens for help, now in
the holiday season, when supplies and food pantry's tend to get lower than usual, and
throughout the year, to meet the demands of people in need of assistance.
Mayor Dailey introduced scouts from Troop 7, Jay Kelly, and William Henry
working on their Citizenship and Community Merit Badges.
1. MOTION - To approve minutes: November 8, 2000 meeting.
2. RESOLUTION NO. 10,942 - Authorizing the City Manager to enter into an
engineering services contract with Carter Burgess for University Avenue, 191h to 28th
Street Improvements, a 1999 TIP Project.
3. RESOLUTION NO. 10,943 - Authorizing the City Manager to enter into an
engineering services contract with AMI Engineering Inc. for Mabelvale Pike, Gum
Springs Road to 56th Street Improvements, a 1999 TIP Project.
4. RESOLUTION NO. 10,944 - To authorize local government endorsement of Veriplas
Containers, located at 6600 Geyer Springs Road, in the City of Little Rock, Arkansas,
participate in the Advantage Arkansas Program; and for other purposes.
5. RESOLUTION NO. 10,945 - To authorize local government endorsement of The
Watkins Company, located at 11601 Otter Creek South, in the City of Little Rock,
Arkansas, participate in the Advantage Arkansas Program; and for other purposes
6. RESOLUTION NO. 10,946 - To authorize local government endorsement of A & G
Enterprises, located at 9020 Chicot Road, in the City of Little Rock, Arkansas, participate
in the Advantage Arkansas Program; and for other purposes
7. RESOLUTION NO. 10,947 - Of support of the Little Rock Convention and Visitor's
Bureau's formal proposal to host the 2001 Fall Conference of the Arkansas Municipal
League
M -6. RESOLUTION - Authorizing an extension of the contract with New Futures for
Youth to provide youth employability, evaluation, technical assistance, and violence
prevention services.
M -7. RESOLUTION NO. 10,953 - Authorizing an extension to the contract with five
organizations to provide youth intervention programs (YIP) in targeted neighborhoods.
M -8. RESOLUTION NO. 10,954 - Authorizing an extension to the contract with two
organizations to provide neighborhood support center services, and for other purposes.
M -9. RESOLUTION NO. 10,955 - Authorizing an extension of the contract with nine
organizations to provide youth prevention programs in targeted neighborhoods.
M -10. RESOLUTION NO. 10,956 - Authorizing an extension of the contract with
University of Arkansas for Medical Sciences AR Cares to provide women's outpatient
substance abuse treatment services to Little Rock residents.
M -11. RESOLUTION NO. 10,957 - Authorizing an extension of the contract with the
Arkansas Department of Health, Bureau of Alcohol and Drug Abuse Prevention, to
provide adult substance abuse treatment services in a residential setting to Little Rock
residents.
M -13. RESOLUTION- - Authorizing the City Manager to enter into contract negotiations
with organizations to provide job placement services to welfare to work eligible clients; and
for other purposes.
F)
M -14. RESOLUTION NO. 10,958 - Authorizing the City Manager to enter into a lease
with First Tee of Arkansas to manage the First Tee Golf Course and Program.
The consent agenda was read, and a motion by Director Adcock was made to adopt the
consent agenda, Director Lichty seconded the motion. Director Adcock asked for the
information that was referred to in the resolution for Item 13, be given to the board before it
was voted on. Mr. Carney, City Manager, stated that the review committee had just met,
and the information could be provided shortly. Director Adcock asked for this item to be
pulled from the vote until the information is provided. Mayor Dailey stated that short of an
amendment, he would have to go with the original motion. Director Keck made a motion to
amend and delay action on Item 13 listed on the consent agenda. Director Adcock seconded
the motion. All board members present voted unanimously in favor of the amendment. All
board members present, voted to adopt the consent agenda, excluding Item M -13.
The following items were deferred.
PRESENTATION: City Beautiful Commission Landscape Awards (Deferred to
December 19, 2000.)
30. RESOLUTION - To renew taxicab operator permit for Dewey Worthy Taxi
Company. (Deferred to December 19, 2000.)
31. RESOLUTION - To renew taxicab operators permits for Black and White Cab
Company. (Deferred to December 19, 2000.)
Citizens Communication was next on the agenda. The first speaker was Ms. Kathy
Wells, President of the Coalition of Little Rock Neighborhoods. Her request was for the
board to endorse state enabling legislation that would assure property of out of state owners
is maintained to minimum standards of health and safety. Ms. Elaine Crouse, President of
the Alexander Road Neighborhood Association, asked for a review of the Neighborhood
Action Plan for their area. They were requesting that all undeveloped land to be rezoned to
residential. Vice Mayor Wyrick asked the City Manager what would be the next steps
would be to make the amendments to their action plan. Mr. Carney replied that the
amendments would need to go to the Planning Staff and reviewed in the context of what is
on the table already in terms of planning documents and then go back and meet with the
association to be sure of the actual request, and what they would exactly like to do, and
then back to the board. Mr. Jim Nettles was the concluding speaker. I stated he was
appearing tonight as a concerned citizen. He said his concern was for the board. He said
there was something going on underneath the board, wrongfully, that causes the "buck to
stop here ". He said the board was being blamed and used for things not of the boards
making. He overviewed the Montessori School appeal of the Planning Commission
decision against them, in August of this year. He said he introduced himself to Mr.
Lawson, the night of the meeting and told him it was fair to give him a "heads up "; that he
(Mr. Nettles) was going to tell the board that it was wrong for him (Mr. Lawson) to be out
lobbying and soliciting support for the Montessori School after the Planning Commission
had denied the application. Mr. Nettles then quoted Mr. Lawson as saying "You lied to the
Planning Commission. I don't care what you tell the board, I'll take care of you." Mr.
Nettles stated, "Boy, did he ever." He said the board meeting resumed and Mr. Lawson
and Craig Berry took over. He said that five times they were called liars. He said that the
board was told that two planning commissioners had come forward and said they would
have voted to approve that application. Understandably you (the board) having every
reason to expect the truth from a colleague and employee directed the item back to the
Planning Commission. Mr. Nettles said they sent Mr. Lawson two certified return receipts
letters asking for an explanation of the false information he had given the board, and asked
who the two Planning Commissioners were that told the board (through Mr. Lawson) that
had they come foreword and tat they would have voted to approve. Mr. Nettles stated that
his time was up and he would return when the time was appropriate.
8. PUBLIC HEARING - To discuss various financing options for the acquisition of park
property.
Mayor Dailey opened the public hearing, dealing with the financing options for the
acquisition of a park. Mayor Dailey asked Mr. Carney if staff had a presentation. City
Manager, Cy Carney, said staff looked again at the opportunities for alternative financing
for this acquisition and had one variation that he would like to discuss with the board. He
said staff sees no short-term internal capacity to borrow the money to have available from
city resources, and again concluded that the city should proceed with a debt type issue. He
stated that at the last meeting a long term debt financing of twenty years or so at a fixed
3
r
rate, the last meeting, and the variation staff would like the board to consider tonight is one
that is a variable rate. The concern expressed by some of the board has been that if we
have for example a private donations, which could happen, in a short time toward this
property or some other method that might come foreword in the short term, some option
should be preserved, rather than being locked in to a fixed rate of long term debt that the
city could not get out of or change if locked into up front. The suggestion for consideration
tonight is an alternative that the city could accomplish, and that is a debt financing that is in
fact a variable debt that calls for a refunding on a short-term basis. This plays to the
changing interest rates. Over time these types of financing are not uncommon they work
well for hospitals, schools and other who have used these methods. The value is in time, if
there is an opportunity to reduce the outstanding debt to a private contribution or some
other method that might happen, the city could immediately without penalty not be locked
in to a long -term debt. Though this is a possibility the best method still remains the
Residential Housing and Public Facilities Board. That agency would issue this type of
debt, and issue it on their own, they would pledge their agency to the re- payment, and the
city would have an annual lease payment until such time the debt is retired. Staff's
recommendation is to continue the path the board is on with the appropriate ordinance and
resolution to issue debt through the Residential and Housing Public Facilities Board. This
would be the preferred way to do this, but will pursue the variable rte financing that could
be refunded on short term, which would be a method which would allow for the city to
discontinue that method, if alternatives such as contributions, etc, came in to place.
Director Keck stated he wanted to point out that the impending weather has affected the
turnout of citizens in regards to this issue, that he had many people contact him and express
an interest in having representatives of their organizations to be here to speak tonight and
in anticipation of a lot of those people being her, and they may have other representatives
in the audience, but wanted to remind the viewers where the people are in support of this,
the winter storm advisory probably is the reason. Director Kumpuris asked if the payment
would be roughly the cost of the interest plus principal on the bonds for that year. Mr.
Carney answered that was correct. Director Kumpuris asked if a premium had to be paid
the first year to get a variable interest rate? Mr. Carney said he did not think there was a
premium until the structure is actually done, and could not be very specific but it did not
appear, and in fact could be a lower interest rate to go this route. Director Cazort said he
understood the idea behind what is proposed is to give the city a chance to purchase the
parkland and still spend enough time to determine some ultimate financing options, and
pay off this bond issue with whatever is ultimately determined. Director Cazort mentioned
contributions or other forms of revenue sources that may become available (that had been
mentioned earlier) that would do that, and asked what if a contribution or other revenue
source became available that could be applied too this but was not sufficient to pay it off,
would the city be allowed to pay a portion of it and reduce the payments for the balance.
Mr. Carney said yes, that could happen, any amount that would be received could be a
reduction of that financing. Michael Schiefer, 518 Ridgeway, spoke against the proposed
purchase of parkland saying that he went to school at Pulaski Heights and said they wanted
a new skate park, they were using the one in North Little Rock, and it was to small they
need more places to skate in the city. He said the skaters were always getting kicked out of
downtown and they were told to go to a skate park, and if they had a park they would go
there instead. Hank Ripper, 523 Booker Street, was opposed to the purchase, saying he
did not feel the City manager could manage what he has currently, so trying to pull
together funds that do not exist for land that is not part of Little Rock is not an intelligent
decision and did not think the citizens wanted their tax money being spent on things like
this when there are so many problems that currently exist in the City that are not being
taken care of. For example, the skateboard parks, the kids are being stalked by police, and
have no where to go, have had their boards taken away from them, they have been
promised parks and then those promises have been reneged on. He said if the city was
going to look to spend more money that is the taxpayers' money that it should be spent on
the taxpayers' behalf and repair some things in Hillcrest, Stiff Station and make the city a
little more livable. Joseph Jennings, 24 Oakwood Road, was in opposition to the park
purchase, saying he was a student, and had been kicked out of places to skate, been
harassed by police, and said they need a new skate park downtown. Dee White, 523
Booker Street, stated that the skaters were often profiled and harassed by police and there is
no place for these kids to stake on modern free standing skate park equipment in Little
Rock. She stated that there are smaller towns that are miles ahead of Little Rock in
providing places besides the streets for their children to do one of the most popular sports
going on now. Ms. White stated that the city Parks Department was nothing but a money
laundering operation for City Hall so that the money that goes to pay off the Clinton
Library land bond debt is dealt with in this underhanded way that Director Kumpuris seems
to think is quote " an ingenious and creative" way of using our parks as sources for timber
that is logged and sold to paper companies. Meanwhile, how is the city going to fiancd this
huge acquisition outside the city limits, with money that doesn't exist when there are water
mains bursting all over town where there are no usable bathrooms in any of the city parks.
There is no city park bathroom in Riverfront Park. There is sewage coming up through all
the city parks that Common Ground has investigated, including Merewether Park, which
has a huge sewer eruption coming out of center field to the extent that there are straw bales
4
out there to soak up the raw sewage. She said that raw sewage is running through
Reservoir Park, Murray Park, and the kids have no place to skate. She said they were told
they could have skate park area in the lower part of War Memorial parking lot and then
when they sought written authorization; they were told by the Parks Director, "No,these are
my parks ". She said she thought they were the kids parks, ought to be if they are not, and
wanted know why they were told two different things. Mayor Dailey thanked Ms. White,
and she asked this question again. Mayor Dailey said the City Manager would answer that
for her in writing as he responds to the board. Ms. White said, "off the cuff, why were we
told two different things, when we want to help you guys find a way to generate revenue
without logging trees, outside the city limits ?" Mayor Dailey said, you have asked the
question and your time has expired. Ms. White persisted, saying "I'd still like to know
why were are not allowed to try and generate revenues in our own city parks and why the
Parks Director says these parks belong to him and not he children? Mayor Dailey called
Ms. White out of order, and asked her to be seated. Ms. White kept asking questions,
ignoring the Mayor's request for her to be seated. Mayor Dailey asked her again to sit
down. Mr. White again ignored the Mayor's request, and Mayor Dailey called the meeting
into a recess, and requested the cameras be turned off, and if necessary, Ms. White would
be removed from the room. Ms. White stayed at the podium for some time after the recess
was called making comments to various board members, then finally left the room. Mayor
Dailey called the meeting back in session. Shari Taghizadeh, 14703 Woodcreek Drive,
spoke in favor of the park acquisition, saying she was with the Riverdale Soccer and Little
Rock support from the City of Little Rock. She said more fields would allow them to
continue their program with these kids without continually worrying where they would
practice and where the games would be played. She said Little Rock needs a space large
enough to have a complex and the proposed site would be large enough. She said if the
city owns the property corporate assistance could be obtained for the construction of the
facilities and do need to look to the future and acquire this property, and not let this
opportunity pass. Ralph Desmaras, 4821 Darragh Drive, spoke in opposition of the
acquisition of the parkland. He was opposed to the financing of the land. He said this was
a playground for the rich, it's next to Chenal Valley, and they will be the primary ones to
benefit from the park. He said it would be unlikely that people from southwest Little Rock
would travel out there to picnic in the park. He said it violates all the tenants of new
urbanism that was called together in the Smart Growth Coalition. He said the city Parks
Department doesn't have a very outstanding record on what it does with areas that are
largely forested. He said they log them. Basically he would not trust them with this much
timbered acreage to do as they will. Jane Yocum, 12112 Fairway Drive, spoke in favor of
the land acquisition. She stated that she has children very involved in soccer. She said she
did not see this as a west Little Rock issue, it was a city issue, to have something for
families, and something for children. She felt Little Rock needed to make a statement that
they support children and families and such activities in the city. Justin Coultas, 184
Deleware, a student, talked about a Little Rock Skate Park, saying it was being threatened
to be torn down, and if that happens they have no where to skate because they get kicked
out of many places in downtown Little Rock, and wanted to support the people who want
the park. Kathleen Oleson, League of Women Voters of Pulaski County, stated the
League supports the purchase of the property for the park, that it was a forward - looking
opportunity to take advantage of this. She commended the board for allowing the extended
opportunity for the public to comment on this issue. She said she did not envy the board
the decisions on how to pay for the property. Diane Garner, Westside YMCA, 4701 Sam
Peck Road, spoke in behalf of the park they want and need. She said their program
services over eleven hundred children in the soccer program, and there is baseball and T
ball where fields and spaces are needed for the children to play. She said they have
outgrown the areas as they are using right now. She said the children come from all areas,
and the parkland was needed. Mark Poole, 35 Calais Ct, spoke in favor of the park. He
stated he believed the park would be good for families, from an economic standpoint, and
asked the board to support the project and to move forward quickly. Mayor Daily closed
the public Hearing and the Ordinance was read the first time.
Director Kumpuris said he would like Mr. Bryan Day, Parks Director to prepare for the
board a report on the logging that has been done in the parks, where the money has gone,
verify the funds have gone to the accounts they were said to have gone, and to provide a
copy to Ms. White showing what has been done with the money. He said it was his
understanding that anything that was taken out of a park went into an account to enhance
that park, and asked Mr. Day to verify and substantiate it, he would appreciate it. Director
Keck stated that he thought the statement made during citizen's communication about this
being a playground for the rich, was a real interesting comment. He said that west of I -430
there is no park land other than what has been set aside by small neighborhood community
associations, and the upkeep and maintenance of that property is done within property
owners associations where they pay an additional assessment for the residents of those
property associations, and there are no public use parks other than small parcels in west
Little Rock. Director Keck reiterated that Boyle Park and several other parks had been
purchased long before they ever were in the city limits, and believed this was a way to
think ahead, plan ahead. Director Keck also addressed the comment that was made
regarding people form other parts of the city not coming to it, doubted that would be the
case but right now the people in west Little Rock have no place to go, and hoped the board
would move forward and act on a commitment that has made to west Little Rock residents.
9. ORDINANCE - Authorizing the execution and delivery of a lease agreement between
the City of Little Rock Arkansas Residential Housing and Public Facilities Board, as
Lessor; and the City of Little Rock, Arkansas, as Lessee; prescribing other matters relating
thereto; and declaring an emergency. (Deferred to December 19, 2000.) The ordinance
was read one time.
10. RESOLUTION - Approving the issuance by the City of Little Rock, Arkansas
Residential Housing and Public Facilities Board of Capital Improvement Facilities
Revenue Bonds. (Park System Project.) (Deferred to December 19, 2000.)
The Grouped Items: 11- 21 and M -2 were read the first time. Item 17 was read the
first time, with the grouped items, and excluded in the next two readings due to
having public comment cards presented to discuss this particular item.
11. ORDINANCE NO. 18,392 - To amend the Land Use Plan in the Rodney Parham
Planning District from Single Family, Multi - family and Suburban Office Use to Low
Density Residential, Public Institutional, Office and Commercial, and for other purposes.
(Planning Commission: 8 yes, 0 no, 3 absent) Staff recommends approval.
12. ORDINANCE — NO. 18,393 - To amend the Land Use Plan in the College
Station /Sweet Home Planning District from Park/Open Space, Single Family, Public
Institutional, Multi - family, Commercial to Mixed Use, Single Family, Public Institutional,
and Low Density Residential, and for other purposes. (Planning Commission: 8 yes, 0 no.
3 absent.) Staff recommends approval.
13. ORDINANCE NO. 18,394 - Z -6932 Approving a Planned Zoning Development and
establishing a Planned Commercial District titled Childers - Bennett Short Form Planned
Commercial District located at 9802 Geyer Springs Road, 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. (Planning Commission 9 yes, 0 no, 2 absent.) Staff
recommends approval.
14. ORDINANCE NO. 18,395 - Z -6933 Reclassifying property located at the northwest
corner of Kanis and Kirby Roads in the City of Little Rock, Arkansas, from R -2 Single
Family District to C -1 Neighborhood Commercial District, amending Chapter 36 of the
Code of Ordinances of the City of Little Rock, Arkansas; and for other purposes. (Planning
Commission 8 yes, 0 no, 3 absent.) Staff recommends approval.
15. ORDINANCE NO. 18,396 - Z -6934 Reclassifying property located in the City of
Little Rock, Arkansas, located at 11000 Stagecoach Road, from R -2 Single Family
District to C -1 Neighborhood Commercial District, amending Chapter 36 of the Code of
Ordinances of the City of Little Rock, Arkansas, and for other purposes. (Planning
Commission: 8 yes, 0 no, 3 absent.) Staff recommends approval.
16. ORDINANCE NO. 18,397 - Z -4747 — Repealing Ordinance No. 15,210 and revoking
a Planned Zoning District titled Birch Creek Apartments Short Form PRD, located at
5900/5908 Geyer Springs Road; and for other purposes. (Planning Commission: 8 yes, 0
no, 3 absent. Staff recommends approval.
18. ORDINANCE NO. 18,398 - Z- 5139 -B — Approving a modification to a Planned
Zoning District and providing for the establishment of a Planned Zoning Development
titled Harvest Foods — Revised PCD, located at 14901 Cantrell Road, in the City of Little
Rock, Arkansas amending Ordinance No. 15, 718 and Chapter 36 of the Code of
Ordinances of the City of Little Rock, and for other purposes. (Planning Commission: 10
yes, 0 no, 1 absent.) Staff recommends approval.
19. ORDINANCE NO. 18,399 - Z- 6861 -A — Approving a Planned Zoning Development
and establishing a Planned District — Commercial titled Brooks — Short Form PD -C,
located at 4819 Stagecoach Road 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.
(Planning Commission: 10 yes, 0 no, 1 absent.) Staff recommends approval.
20. ORDINANCE NO. 18,400 - Dispensing with competitive bidding and authorizing the
City Manager to enter into a contract with Stone and Ward, Inc; declaring an emergency;
and for other purposes.
T
21. ORDINANCE NO. 18,401 - Appropriating funds for Handicap Ramp Construction
in the amount of $250,000. Staff recommends approval.
M -2. ORDINANCE NO.18,406 Amending "Addendum A" of Little Rock Ordinance No.
17,690, to add other Zoo improvement projects for bond issue funding; and for other
purposes. The rules were suspended to provide for the second and third readings of the
Ordinances by unanimous vote of the Board members present. By unanimous voice vote
of board members present, the ordinances were adopted.
Item 17 was then opened for discussion.
17. ORDINANCE Z- 2729 -G — Repealing Ordinance No. 17,387 and revoking a Planned
Zoning District titled Woodlake Village Apartments, Long Form PRD located at 1300
Leander Street and for other purposes. (Planning Commission: 10 yes, 0 no, 1 absent.
Staff recommends approval. (Deferred to December 19, 2000.) Director Keck stated he
had received some correspondence in regards to notification. Mr. Jim Lawson, Director of
Planning and Development stated that what was before the board tonight was an ordinance
to repeal a PRD that has been in effect, and normally these items are not even discussed,
the time had run out on the PRD, but it's not an automatic repeal, it just kind of a process to
come before the board. What has happened is the land used to be zoned MF -18 prior to the
PRD going into effect. What this particular developer wants to do is revoke the PRD,
which had to be done anyway, because it expired, and wants to develop the land. The item
went to the Planning Commission for a site plan review. Even though it was zoned MF -18
what the developer has in mind is only 13 units per acre. Mr. Lawson said there were
people there from the neighborhood that were opposed to some parts of the site plan curb
cuts and those kinds of things. Mr. Lawson said it was explained at the meeting that what
he has proposed is less intense than the old PRD, not near as big or as many units, but they
were still opposed to it. During the Planning Commission, they said this is going to be
repealed at the board level, and thought the understanding was that if we are opposed to
this new development, we ought to go to the board to talk about this being repealed. There
was discussion regarding the issue Mr. Carpenter said essentially this was a housecleaning
measure, the PDR is expired and being repealed. Mr. Lawson said the site plan is being
reviewed and it would not come to the board. Mr. Lawson said they could meet with the
neighborhood residents again, go over the plan and see if they would be more comfortable
with it and work on it. Mr. Harley Cox, owner and one of the developers of the property,
and stated he might be confused about what he was here to do. He said he had learned
today that there were some objectors to revoking the PRD, but mostly to constructing the
apartments. He said he assured them that from his perspective they would be given the
opportunity to review every plan they have. He said whatever they could do to
accommodate any legitimate objection they would try to do. After lengthy discussion
regarding the issue as to housekeeping and site plan review issues, Director Kumpuris
made a motion to table the issue for one week, and hold on the first reading. Mr. Lawson
stated he and staff would be glad to meet with the applicant, and the neighborhood to
address the issues they are concerned with and see if anything could be worked out.
Director Cazort seconded the motion. By unanimous voice vote of the board members
present, the item was held on first reading, and deferred to December 19, 2000.
22. RESOLUTION NO. 10,948 - Authorizing use of Eminent Domain to acquire right of
way for Mann Road Relocation Project. Director Keck asked for a quick review of
remaining agenda items that might be grouped in view of the impending weather
conditions. Mayor Dailey stated that most of the items would have to remain separate, but
he did not have any speaker cards on Item 22. The resolution was read, Director Keck
made a motion for adoption of the resolution, Director Adcock seconded the motion, and
by unanimous voice vote of board members present, the resolution was adopted.
23. ORDINANCE NO. 18,402 - Z -6926 — Approving a Planned Zoning Development and
establishing a Planned District — Office titled My Little School — Short From PD -O,
located at the southeast corner of Cantrell Road and Norton Road 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. Mayor Dailey stated there were no speaker cards
on Item 23. Director Kelly was concerned of violating or setting precedence by allowing a
waiver of the overlay plan on Cantrell Road. Mr. Jim Lawson, Planning Director said it
had been done before on small sites.
25. ORDINANCE NO. 18,405 - Appropriating $254,954 to pay the Arkansas Highway
and Transportation Department as Little Rock's Share of Final Estimate on
University /Chicot Connection Project. Staff recommends approval. Vice Mayor Wyrick
asked about the possibility of using some of the money for Cloverdale drainage to do a
flood study that would take about $30,000. Mr. Bob Turner said the 1988 bond issues had
no additional funding so they went to the 1995 to complete the 1988. He said they
recognize the need and the desire for the additional improvements in the Cloverdale area,
7
051
and the additional need for a flood study. He said what they would like to do is complete
the remaining projects in the 1995 bond issue and then come back to the board with
suggestions on what those additional funds might be spent, and believed there might be
some surplus funds in the 1995. To allocate those funds now, to a new project, would be
premature, and their recommendation to hold at this point until the 1995 bond issues are
complete, then reallocate any remaining funds. Vice Mayor Wyrick asked that if bottom
line was that they were taking $70,954 from the Cloverdale drainage account. Vice Mayor
stated she would like to go on record as saying, anytime the city does a project — a street
project, a bond project, enough money ought to be allowed to do these drainage studies or
the flood studies, because the idea in doing Cloverdale was to alleviate water damage,
drainage problems in that particular area. Those people are still paying flood insurance and
there is a good possibility if the study was done, they would not have to pay those higher
insurance rate. She thought that amount of money should be put in the projects to do those
studies. Mr. Carney, City Manager, responded that in the past, in estimating of street and
drainage projects the city has not been as thorough as it should have been to look at all
those issues. He said he thought the city is doing better in terms of trying to determine the
cost and make an accurate cost estimate. Mr. Carney stated that when and if the city has a
Capitol Improvements Project Program that would be done. Vice Mayor Wyrick stated she
understood the city had not had the resources to do those kinds of things but it is important
to the people that they don't have to continue to pay these premiums. The Ordinances (Item
23 and 25) 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.
There was a unanimous voice vote on Item 23 by board members present. Vice mayor
Wyrick voted no on Item 25, all other board members present voted in favor. The
ordinances were adopted.
24. ORDINANCE 18,403 - Z- 6899 -A - Approving a Planned Zoning Development and
establishing a Planned Commercial District titled Wilson — Short Form PCD, located at
4520 Cobb Street 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. (Planning
Commission: 10 yes, 0 no, 1 absent. Staff recommends approval. The ordinance was read
the first time. Mr. Mike Kumpuris, President of the Westwood Neighborhood
Association, 7606 Westwood Avenue, was opposed to the development of the one chair
beauty salon, as was Mr. George Brown, President of the Barrow Neighborhood
Association, both saying that they were opposed because it is in a residential neighborhood,
citing the infrastructure was not conducive to this type of business, and would tend to
weaken the neighborhood, there would be traffic problems associated with customers, pick
up and delivery, etc..Director Cazort stated the Planning Commission passed the PCD with
the three conditions of terminating on the sale of the property, vacating the property or
ceasing to operate as a beauty salon business, but where in the resolution does it state this is
a one chair operation and the city has enforcement powers to do anything if it becomes
more than a one chair operation. Mr. Carpenter, City Attorney said one thing that could be
done is to add a section five and renumber the present section five to section six. Section
five would be special conditions and would recommend four conditions: (A) The owner
sells the property and moves, (B) The owner moves from the property (C) The beauty
parlor ceases to operate (D) The beauty parlor attempts to operate with more than one
chair. Referring to (A), he stated he didn't know if from a land use standpoint that it was a
concern as to owns the property, but being concerned as to whether the owner has moved
away form the property he could see being of interest. Director Cazort made a motion to
add section five to the ordinance. Director Lichty seconded the motion, and with a
unanimous voice vote of the board members present the ordinance was amended to include
section five. There were a few questions from the board members to the applicants,
Beverly and Chester Wilson, such as verifying hours of operation, parking
accommodations planned, if there would be pick up and delivery. Mr. Carpenter asked if
the board wanted to list the hours of operation, 9 AM to & PM, Tuesday through Saturday,
as a condition. Director Keck made the motion to add the hours of operation; Director
Cazort seconded the motion, all board members present voted in favor of adding the
amendment. The Ordinance was read the first time. The rules were suspended to provide
for the second and third readings of the Ordinance by majority vote of the Board members
present. (Director Hinton voted no on the suspension of the rules.) By roll call vote, the
board voted to adopt the ordinance as amended. The vote was recorded as follows:
Directors Pugh, Hinton, Wyrick, Kumpuris, Adcock voted no, Directors Lichty, Keck,
Cazort, Stewart, Kelly and Mayor Dailey voted yes.
8
The next item to be considered was item 27:
27. RESOLUTION NO. 10,949- Amending Resolution No. 10, 528 authorizing the entry
into an amendment to the agreement to issue bonds dated April 20, 1999 between the City
of Little Rock and Acxiom Corporation for the purpose of assisting in the financing of
industrial facilities within the City of Little Rock pursuant to the authority of Amendment
65 to the Arkansas Constitution and the Municipalities and Counties Industrial
Development Revenue Bond Law, increasing the principal amount of bonds authorized to
be issued and the ad valorem tax exemption of the financed facilities from $55,000,000 to
$65,000,000, and describing the second project to be financed. Mr. Carney, City Manager,
stated that staff recommends this item to the board for favorable consideration. He stated
this was an expansion of financing that was originally granted by the board for construction
of a new building for Acxiom Corporation in the downtown Little Rock location. That
amount of financing, the original 55 million included the financing package for that
building and the second building to be constructed at a later time, once a site had been
determined. This financing is an expansion of that original financing. There was
discussion by board members, and the applicant answered questions from the board of
directors including location of the new building, questions regarding number of additional
jobs, the annual payroll, types of jobs that would become available, if job training would be
provided, the tax abatement, etc. Mr. Jerry Jones, legal representative for Acxiom
Corporation, responded the questions. The resolution was read. A motion was made by
Director Keck, seconded by Director Adcock, to adopt the resolution. By unanimous voice
vote of board members present, the resolution was adopted.
Dr. William Keaton, President of Arkansas Baptist College, asked the board for funds
($150,000) in the 2001 budget to complete phase two of the community center renovation
project.
Before budget discussion, Director Keck asked to recess and reconvene in a Special
Meeting to deal only with the budget. Director Cazort asked for a non - controversial minor
change that he wanted to make a motion on tonight. He stated that Mike Blakely, Zoo
Director, and Don Yucuis, Finance Director, had gotten together and worked out a more
accurate forecast of revenues and expenses for next year. The budget that was submitted
for the budget proposal for the Zoo shows a budget under Section A, revenues for the Zoo,
two million eight hundred and eleven thousand and fifty five dollars, and in Section C,
expenditures of two million eight hundred and eleven thousand and fifty five dollars, and
after more work with the Finance department, believe that number is off by a hundred
thousand and both numbers should reflect that change. Director Lichty seconded the
motion. All board members except Director Adcock were in favor of the amendment.
Director Adcock voted no, stating that all the amendments should be voted on at the next
meeting, rather than select departments being voted on at this meeting. The motion was
adopted. Director Lichty made a motion to start the meeting for December 19, 2000 at 5
PM, having the Budget as the one of the first items on the agenda. Director Cazort
seconded the motion. By voice vote of board members present, the board voted
unanimously to start the December 19, 2000 meeting at 5:00 P.M.
M -13. RESOLUTION- - Authorizing the City Manager to enter into contract negotiations
with organizations to provide job placement services to welfare to work eligible clients; and
for other purposes. Director Adcock made a motion to defer Item M -13 until December 19,
2000, or until information pertaining to this item was reviewed by the board. Director Keck
seconded the motion, and by unanimous voice vote of board members present, the item was
deferred.
26. ORDINANCE - Providing for and adopting the 2001 Budget for the City of Little
Rock for the period beginning January 1, 2001 and ending December 31, 2001;
appropriating resources and uses for every expenditure item and fund; declaring an
emergency and for other purposes.
28. RESOLUTION NO. 10,950 - Authorizing the City Manager to deed the Central
High Museum property and adjacent properties to the National Park Service. Mr. Rhett
Tucker, representing the Board of the Central High Museum, Inc. Presented an overview
and presentation of the project, asking for approval of deed of the property to the National
Park Service. The resolution was read, Director Lichty moved to adopt the resolution, and
Director Kumpuris seconded the motion, and by unanimous voice vote of board members
present, the resolution was adopted. Mr. David Fornay, Superintendent of Central High
School National Historic Site, thanked the board for the donation to the National Park
Service, and presented the future plans and development and staff of the site.
29. RESOLUTION NO. 10,951 - City of Little Rock endorsement of the Fair
Housing Initiative. Mr. Odies Wilson, Intergovernmental Relations Manager of
the City of Little Rock, presented the resolution to the Board of Directors. He
stated that city staff and the Racial Cultural Diversity Commission have been
working to try to come up with a substantially equivalent State Fair Housing
Ordinance, or law. He stated he felt the reason the bill ran into real problems in the
E
House in the last legislative session was because there was a lot of support for a
State Fair Housing Ordinance because there were key points that realtors and
others brought out that focused on why have Fair Housing just for the City of Little
Rock, why not for every citizen in the State of Arkansas? He stated they took the
potential ordinance that was drafted last time and took it before the Arkansas
Municipal League and it was supported by the League, but pulled it down because
there was some local opposition and concern of going back to the same point that
the city was in 1999. He stated that since that time they have had five public
hearings and back to the community and discussed the issue, and their offering, of
adding a local enabling clause. He stated he felt the best chance to pass the
substantially equivalent Fair Housing Law is to continue to work toward this
recommendation. The Racial and Cultural Diversity Commission did vote to go
forward with a State Equivalent Fair Housing Ordinance, without the local
enabling clause. There was lengthy discussion on the details of the initiative,
particularly the local enforcement issue. Director Stewart stated she felt totally left
out, that she was on the Adhoc Committee, and was upset that a vote had been
taken while she was out of town. Director Stewart said the Adhoc Committee was
not supposed to vote until the composition had been worked out, and was left with
the understanding that a vote would not be taken until this had happened. Director
Lichty asked to hear from the realtors on this particular piece of legislation as it
stands at this point in time. Mr. Herb Yarbrough, Chair of the Arkansas Realtors
Association Task Force for Fair Housing, spoke in favor, saying the weight of the
evidence they were able to gather concluded it is better done with a state level Fair
Housing Commission, so that there are uniform standards that can be implemented
throughout the state. Director Lichty suggested that maybe an amendment to
amend the language of the resolution before the board might be changed. (There
was no motion to do so that this time.) Ms. Kathy Wells, President of the Little
Rock Coalition on Neighborhoods, stated that their members voted to ask the board
to support a combination approach in which both a state approach and permission
for any city that wished could open a local Fair Housing Enforcement Office, and
asked the board to support the combined state and local Fair Housing Agencies.
Mayor Dailey stated that ultimately the board would need to decide whether the
city should support an ordinance that has a local enabling option. Mr. Bob
Balhorn, Realtors Association, spoke in support of the state Fair Housing initiative
saying the reason was that there would be more uniformity in enforcement at a
federal level, and was opposed to the cost factor involved in setting up local
enforcement offices. Director Adcock moved to adopt the resolution; Director
Keck seconded the motion, but asked if maybe there should not be an amendment
to the resolution since this one was in draft form. Director Cazort said he would
vote for the resolution simply because it was to support the concept and not
committee to being supportive of any specifics that might come down from this
point on. Director Lichty moved that the resolution be amended to the following:
"The City of Little Rock will support the concept of State Fair Housing Legislation
that is substantially equivalent, etc. etc. ". Director Keck seconded the motion to
amend, and by unanimous voice vote of the board members present, voted
unanimously to amend the resolution. The resolution was read as amended. By
unanimous voice vote of board members present, the resolution was adopted.
ATTEST:
TNney Wo lerk
10
APPROVE:
, �?OAI
Jim Dailey
Mayor