HomeMy WebLinkAbout03-17-98138
Robinson Center - Room 102
Markham and Broadway
Little Rock, Arkansas
March 17, 1998 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas met in regular session
with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll with the
following Directors in attendance: Directors Hodges, Cazort, Keck, Joyce, Wyrick,
Kumpuris, Kelly and Adcock - total 8; Absent - Directors Wilson and Hinton - total 2.
With a quorum present, Mayor Dailey declared the Board of Directors in session
and the proceedings are recorded as follows.
The Invocation was given by Director Kumpuris, followed by the Pledge of
Allegiance.
The interview of Dr. Joseph H. Bates and the Resolution appointing him to the
Little Rock Municipal Water Commission were withdrawn from the Agenda. Dr.
Bates withdrew his application due to a conflict of interest with his new employment.
City Manager Cy Carney explained the items on the Addendum to the Agenda.
Director Adcock moved to add Addendum Items 1 through 5 to the Consent Agenda.
The motion was seconded by Director Cazort and unanimously adopted. (See
Resolutions No. 10,231 - 10,235 below.)
Mayor Dailey presented Certificates of Appreciation to Coach Alf Flannigan
and the Little Rock Parkview High School Basketball Team 1988 AAAA State
Champions. Team members signed a basketball which will be displayed in City Hall
and then given to Arkansas Children's Hospital.
(Director Hinton enrolled at 6:10 o'clock P.M.)
Mayor Dailey also presented a Certificate of Appreciation to Dr. Bobby
Roberts, Executive Director of the Central Arkansas Library System, for his recognition
as National Librarian of the Year by Library Journal.
Mr. Van Tilbury, Chairman of Riverfest, Inc., gave a State of the Festival
Report, stating Riverfest 1997 welcomed more that 135,000 people to Riverfront Park
and the new River Market District and had an estimated economic impact in excess of
$5.25 million. Riverfest celebrates its 21st year as Arkansas' largest festival May 22 -24,
1998.
City Manager Cy Carney introduced Mr. Odies Wilson, who will be the
Intergovernmental Coordinator for the City of Little Rock, beginning April 6, 1998.
Consideration was then given to the Consent Agenda which consisted of the
following items:
(1) Approve the Minutes of the Board of Directors regular meeting held
September 2, 1997, the reconvened meeting held September 9, 1997, the regular meeting
held September 16, 1997, and the reconvened meetings held September 23, 1997 and
September 30, 1997.
(2) Motion to set the date of hearing for April 7, 1998, on the appeal of the
Planning Commission's denial of the amendment to the Land Use Plan in the Ellis
Mountain District from Transition and Single Family to Service Trades District for
property at 14703 Kanis Road. (Appeal filed by Frank Riggins on behalf of Mrs. B. J.
White and Mr. Jim Bottoms)
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March 17, 1998
139
(3) Motion to set the date of hearing for April 7, 1998, on the appeal of the
Planning Commission's denial of Kocinski Short Form PD -C (Z- 6403), located at
17024 Burlingame Road. (Appeal filed by Jerry Kocinski)
(4) Resolution No. 10,224, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONSULTANT CONTRACT WITH AULT, CLARK, AND
ASSOCIATES FOR DESIGN SERVICES FOR THE REMODELING OF
REBSAMEN GOLF COURSE. (Not to exceed $225,000)
(5) Resolution No. 10,225, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH FLYNCO, INC. TO CONSTRUCT THE
ZOO AMPHITHEATRE FOR THE PARKS AND RECREATION
DEPARTMENT. (Not to exceed $453,227.65)
(6) Resolution No. 10,226, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
AWARD AN ANNUAL CONTRACT TO R & R UNIFORMS, INC. FOR THE
PURCHASE OF EMERGENCY VEHICLE EQUIPMENT FOR THE FLEET
SERVICES DEPARTMENT. (Not to exceed $130, 000 -for bar lights, sirens, etc.)
(7) Resolution No. 10,227, entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS, CERTIFYING LOCAL GOVERNMENT
ENDORSEMENT OF VINYL BUILDING PRODUCTS, INC. TO PARTICIPATE
IN THE ARKANSAS ENTERPRISE ZONE PROGRAM. (Located at 8801 Frazier
Pike)
(8) Resolution No. 10,228, described as:
A RESOLUTION TO EXTEND THE AMERICAN'S WITH
DISABILITIES ACT CONSULTANT CONTRACT WITH BLASS, CHILCOTE,
CARTER, GASKIN, BOGART, AND NORCROSS (NOW GASKIN, HILL,
NORCROSS) THROUGH DECEMBER 31, 1998, TO AUTHORIZE THE CITY
MANAGER TO ENTER INTO SUCH CONTRACT EXTENSION, AND FOR
OTHER PURPOSES.
(9) Resolution No. 10,229, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH BLACK COMMUNITY DEVELOPERS,
INC., TO PROVIDE SERVICES IN 1998 TO LITTLE ROCK RESIDENTS FOR
ALCOHOL AND DRUG ABUSE SUPPORT SERVICES; REPEALING LITTLE
ROCK RESOLUTION NO. 10,198 (FEBRUARY 3, 1998); AND FOR OTHER
PURPOSES. (Not to exceed $223,300.)
(10) Resolution No. 10,230, entitled:
A RESOLUTION TO AUTHORIZE AN INCREASE IN THE
PAYMENT TO THE LAW FIRM OF CROSS, GUNTHER, WITHERSPOON &
GALCHUS FOR WORK BEFORE THE LITTLE ROCK CIVIL SERVICE
COMMISSION; AND FOR OTHER PURPOSES.
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Minutes
March 17, 1998
(A -1) Resolution No. 10,231, described as:
A RESOLUTION TO SET THE DATE FOR A PUBLIC HEARING
ON APRIL 7, 1998, ON THE REQUEST BY BLACK & WHITE CAB COMPANY
FOR 25 ADDITIONAL TAXICAB PERMITS.
(A -2) Resolution No. 10,232, with the title being:
A RESOLUTION TO SET THE DATE FOR A PUBLIC HEARING
ON APRIL 7, 1998, ON THE REQUEST BY CAPITOL CAB COMPANY FOR 75
ADDITIONAL TAXICAB PERMITS.
(A -3) Resolution No. 10,233, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
AWARD AN ASBESTOS ABATEMENT CONTRACT TO ADVANCED
ENVIRONMENTAL SOLUTIONS. ($166,671.00 - for the renovation of Lee
Elementary School to house the proposed Neighborhood Resource Center)
(A -4) Resolution No. 10,234, described as:
A RESOLUTION AUTHORIZING THE CITY TO ACQUIRE A
PARCEL OF LAND AND FOR THE CITY ATTORNEY TO INSTITUTE
EMINENT DOMAIN PROCEEDINGS TO ACQUIRE LAND FOR A POLICE
SUBSTATION IN THE RIVER MARKET BLOCK. (Lot 6, Block 8, Pope's Addition
- 421 East Markham Street.)
(A -5) Resolution No. 10,235, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH DAVID -PAUL BUILDERS, INC. IN THE
AMOUNT OF $162,800 TO CONSTRUCT THE NEW RIVER MARKET
DISTRICT POLICE SUBSTATION AT 421 EAST MARKHAM STREET.
Upon a motion by Director Adcock, which was seconded by Director Keck and
unanimously adopted, the Consent Agenda was dispensed with as follows: (2) the
Minutes of the regular and reconvened meetings held September 2, 1997, September 9,
1997, September 16, 1997, September 23, 1997, and September 30, 1997, were approved
as written and distributed to the Board of Directors; (2 and 3) motions setting the date of
hearing for April 7, 1998 on the appeal of the Planning Commission's denial of the
amendment to the Ellis Mountain Land Use Plan and the Kocinski Short Form PD -C; and
(5, 6, 7, 8, 9, 10, 11, A -1, A -2, A -3, A -4, and A -5) Resolutions No. 10,224, 10,225,
10,226, 10,227, 10,228, 10,229, 10,230, 10,231, 1092329 10,233, 10,234, and 10,235
were read and unanimously adopted.
Director Cazort moved to consider Item 28 after Items 12 and 13 because he had
to attend a neighborhood meeting at 7:30. The motion was seconded by Director Hodges
and unanimously adopted. (Seepages 4 and S - Ordinance No. 17, 690)
Item 12 on the Agenda was a public hearing on the projected uses of 1998
CDBG, HOME, and ESG funding, which had been scheduled for this time and place by
Resolution No. 10,211, adopted March 3, 1998. Mayor Dailey declared the public
hearing open at 6:35 o'clock P.M. City Manager Cy Carney briefly explained the uses of
the funds. There was no one else present who wished to speak on the matter. Therefore,
Mayor Dailey declared the public hearing closed and Resolution No. 109236 was
presented, with the title being:
A RESOLUTION APPROVING THE PROJECTED USES OF 1998 CDBG,
HOME, AND ESG FUNDING.
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March 17, 1998
141
Following the reading of the Resolution, Director Keck moved for its adoption. The
motion was seconded by Director Adcock, and the Resolution was adopted unanimously.
Item 13 on the Agenda was the continuation of a public hearing held on
February 17, 1998, on Zoning Appeal Z- 6181 -A on the Planning Commission's denial of
a Conditional Use Permit for Woodland Drive (east end) for five (5) multisectional
manufactured homes within the Rolling Pines Subdivision, Phase II. The appeal was
filed by Tommy Hodges. (See Minutes of February 17, 1998 for lengthy discussion.)
Mayor Dailey declared the public hearing open at 6:40 o'clock P.M. Ten people had
registered to speak in opposition to the Conditional Use Permit; however, Mayor Dailey
stated that he had heard from some of the Board Members and was getting a sense from
the Board that there was not any support to rescind the Little Rock Planning
Commission's action. He asked if there was any need to hear from those that were
registered to speak in opposition if a majority of the Board Members were with them on
this. He also asked if any Board Member wished to speak differently. Since no one
spoke, Mayor Dailey declared the public hearing closed; and hearing no motion, he
declared the matter dead for lack of action. Therefore, no action was taken on the
related Resolution entitled: "A RESOLUTION RESCINDING THE LITTLE ROCK
PLANNING COMMISSION'S ACTION IN DENYING A CONDITIONAL USE
PERMIT FOR 5 MULTISECTIONAL MANUFACTURED HOMES WITHIN
THE ROLLING PINES SUBDIVISION, PHASE II."
Consideration was then given to Item 28 on the Agenda as requested by Director
Cazort. (See public hearing and Ordinance No. 17,690 below)
A public hearing had been scheduled for this time and place by Resolution No.
10,220, adopted March 3, 1998, on the proposal to issue capital improvement revenue
bonds for the purpose of funding the acquisition and construction of park and
recreational improvements in the City of Little Rock, Arkansas. The notice of hearing
was published in the Arkansas Democrat Gazette on March 4, 1998. Mayor Dailey
declared the public hearing open at 6:40 o'clock P.M. City Manager Cy Carney made a
brief presentation, stating the $16.5 million bond issue was for the purpose of funding
zoo improvements, golf course _ improvements, and to acquire land and provide a site
ready for construction of the Clinton Presidential Library in the City of Little Rock.
Speaking in opposition were Mr. Don Fleming, Mrs. Nora Harris, Mr. Lou Farmer,
and Mrs. Kathleen Terrell. Speakers were opposed to using any of the bond funds for
the William Jefferson Clinton Presidential Park. Mr. Fleming, Mrs. Harris, and Mrs.
Terrell all said the issue of the Presidential Library should be placed on the ballot for the
people to decide. Mr. Fleming and Mrs. Harris both stated the citizens should not be
taxed for a presidential library. Mrs. Harris said she was not opposed to the Presidential
Library, but she wanted it put before the people, and stated she would start circulating a
petition the next day to put the issue on the ballot if the Board of Directors passed the
Ordinance. Mr. Farmer said he was for the zoo and golf course improvements but he was
totally opposed to the Presidential Library until his questions were answered: (1) How
was the location for the library chosen? (2) Who put the value on the property? (3) Who
now owns the property? (4) Who might own options to purchase from the present owners
before the City can buy the property? (5) If this information is not made public first, the
City should refrain from taking the first step toward making any agreement to purchase
the land proposed. Speaking in support of the Presidential Library were Mr. Bob Birch,
Chairman of the Economic Development Committee for the Greater Little Rock Chamber
of Commerce, Mr. Bob East, President of the Downtown Partnership; Mr. Bob
Gorman, MRA, International, a development strategy firm that did an assessment of the
economic impact of the Library Project on downtown Little Rock; Mr. Barry Travis,
Executive Director of the Little Rock Convention and Visitors Bureau; and Mrs. Ester
Lunnie, Vice Chair of the East Little Rock Neighborhood Association. Mr. Birch said
the Chamber of Commerce, Fifty for the Future, and the Downtown Partnership, using
private funds, funded a major economic impact study on the Presidential Library. A
nationally recognized urban development firm, MRA of Philadelphia, has given us an
objective look at what we can expect. The Presidential Library will pay for itself and add
to the economic development that is taking place on our Riverfront. Mr. Gorman
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Minutes
March 17, 1998
predicted 300,000 new visitors will come to the City and $10.7 million annually will be
injected in the local economy in the way of hotels, restaurants, shopping, etc. because of
the Presidential Library. Mayor Dailey declared the public hearing closed at 7:10 o'clock
P.M. Director Kumpuris then responded to the questions asked by Mr. Farmer. In
conclusion Director Kumpuris stated the City of Little Rock is not building the
Presidential Library, but just donating the land and providing a site ready for building
construction. City Attorney Tom Carpenter explained that we are dealing with fair market
value of the land based upon the appraisals made by independent appraisers. If there is a
challenge to that, it will be resolved in court. Mr. Farmer said the City needs to get that
information in print so the citizens will understand. City Manager Cy Carney responded
to questions by Board Members. Consideration was then given to Ordinance No.
17,690, entitled:
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF
CAPITAL IMPROVEMENT REVENUE BONDS FOR THE PURPOSE OF
FUNDING THE ACQUISITION AND CONSTRUCTION OF PARK AND
RECREATIONAL IMPROVEMENTS IN THE CITY OF LITTLE ROCK,
ARKANSAS; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND
INTEREST ON THE BONDS; AUTHORIZING THE EXECUTION AND
DELIVERY OF A MASTER TRUST INDENTURE AND A SUPPLEMENTAL
TRUST INDENTURE; AND PRESCRIBING OTHER MATTERS RELATING
THERETO; AND DECLARING AN EMERGENCY; (Zoo Improvements; Golf
Course Improvements; William Jefferson Clinton Presidential Park.) (Not to exceed
$16, 500, 000.)
and the Ordinance was read the first time. Director Keck moved to suspend the rules and
place the Ordinance on second reading. The motion was seconded by Director Joyce and
unanimously adopted by the Board Members present, being ten in number and two- thirds
or more of the members of the Board of Directors, and the second reading of the
Ordinance ensued. There was a subsequent motion and second by Directors Keck and
Joyce, respectively, to again suspend the rules to provide for the third and final reading of
the Ordinance. The motion was unanimously adopted by the Board Members present,
being ten in number and two- thirds or more of the members of the Board of Directors,
and the Ordinance was read the third and last time. A roll call vote was taken on passage
of the Ordinance as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Hinton,
Hodges, Cazort, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent
- Director Wilson - total 1.
The Emergency Clause contained in Section 9 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Kumpuris, Kelly,
Adcock, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, and Mayor Dailey - total 10;
Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance, together
with the Emergency Clause, was declared PASSED.
(Director Cazort was excused at 7:30 o'clock P.M.)
The next presentation was Item 14 which was a public hearing on the appeal of
the Planning Commission's denial of the Gibralter Heights Short -form PD-0 (Z- 6428),
located between Gamble and Atkins Roads, south of Arthur Lane. The public hearing
had been scheduled for this time and place by a motion adopted March 3, 1998. Mayor
Dailey declared the public hearing open at 7:30 o'clock P.M. The first speaker was Mr.
Chris Rule, 500 Trumpler Street, a resident of Gibralter Heights, who stated he did not
want this in his neighborhood. There is nothing but residential property on all four sides
of the proposed PD -O. He concluded by stating this is a bad real estate venture and asked
the Board not to approve it. Mr. Randy Frazier, attorney for Dr. Robert Rice, described
the location and displayed the architect's drawing of the proposed PD -O. He stated the
property is located in an area of transition in the growing part of west Little Rock where
there are existing residential neighborhoods, but there are also developments on Kanis
Road on further west. The intent of the entire development is to have a quiet office
setting, small office buildings that would have the least impact on the neighborhood. The
property has been platted for residential development for over 40 years, yet there has not
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March 17, 1998
143
been a residential development on it. Dr. Rice wants a tranquil setting for a nice
development that is not high visibility from the street and is buffered by the natural
vegetation. Mr. Lawson, Director of Planning and Development, stated he saw this as
more in the heart of a residential area than a transition area on Kanis Road. If we allow
this development there, then we are establishing a transition area. Mayor Dailey declared
the public hearing closed at 8:50 o'clock P.M. He then asked the Board if anyone was
going to make a motion to carry this matter forward. There was no response from the
Board. Therefore, no action was taken on the proposed Ordinance, described as: "AN
ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED DISTRICT- OFFICE TITLED THE GIBRALTER
-- HEIGHTS SHORT -FORM PD-0 (Z- 6428), LOCATED BETWEEN GAMBLE
AND ATKINS ROADS, SOUTH OF ARTHUR LANE, 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."
At the request of Director Hinton, consideration was then given to Item 6 on the
Addendum to the Agenda, which was a proposed Resolution in support of residents in
the 72204 area regarding curbside mail delivery. Director Adcock stated that some
residents are being asked to spend as much as $200.00 to put a mailbox on the curb, and
asked if there is some way the City can intervene to reduce the cost, or if there is
someone on the City staff these people can call to get a fair price, or perhaps some of the
youth programs could assist in installing the mailboxes. Mr. Alfred Downs, 1605
Booker Street, stated he is an employee of the Post Office and also lives in the area
required to install curbside mailboxes. He said he had had dialogue with the Postal
Official that wrote the letter, citing Postal Operations Manual Section 62 Delivery
Schedules and Trip Frequencies, Paragraph 623.3 Interference by Animals. Mr. Downs
stated that passage does not deal with the letter carrier, it deals with special delivery
which they no longer do. He had requested a copy of the entire page two weeks ago, but
has not yet received it. He said he had also spent eight years with postal safety and his
job was to address the dog situation and carrier safety, but he could not find anything in
the information given him that addressed this issue. He did state that the carrier does not
have to deliver mail to an address if a dog there comes at the carrier, but the carrier has to
note on the mail why it was not delivered. Responding to a question by Director Kelly,
Mr. Downs said there should be a record in the Post Office of mail that was not delivered
because of dogs. Mrs. Mazola Johnson, 1622 S. Martin Street, President of the Stephens
Area Neighborhood Association, stated that the Post Office has required about 1900
residences to install curbside mailboxes. She agreed that safety of the carrier should be
top priority, but the residents were not aware there was a problem. She concluded by
asking the City's help in addressing this issue. Director Kumpuris suggested that a group
of the neighbors meet with City Manager Cy Carney and City Attorney Tom Carpenter to
map out a strategy of how to deal with this issue. Director Kumpuris then moved that
the Neighborhood Association, Mr. Carney and Mr. Carpenter work out a strategy
to resolve the issue of the curbside mailboxes. The motion was seconded by Director
Adcock and unanimously adopted. The proposed Resolution will be presented at the
April 7, 1998, Board of Directors Meeting.
Consideration was then given to Ordinance No. 17,691, entitled:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
65TH STREET WEST DISTRICT FROM MULTI - FAMILY, SINGLE FAMILY
AND PARKS /OPEN SPACE TO LOW DENSITY RESIDENTIAL, OFFICE,
PUBLIC INSTITUTIONAL, SUBURBAN OFFICE AND SERVICE TRADES;
AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. There was a motion by Director Adcock,
seconded by Director Hinton, to suspend the rules and place the Ordinance on second
reading. The motion was unanimously adopted by the Board Members present, being
nine in number and two- thirds or more of the members of the Board of Directors, and the
second reading of the Ordinance ensued. There was a subsequent motion by Director
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