HomeMy WebLinkAbout04-21-98158
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
April 21, 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. The roll was called by City Clerk Robbie Hancock,
with the following Directors present: Directors Wilson, Hinton, Hodges, Cazort, Keck,
Joyce, Wyrick, Kumpuris, Kelly, and Adcock - total 10; Absent - None.
With a quorum present, Mayor Dailey declared the Board of Directors in session
and the proceeding of the meeting are recorded as follows.
The Invocation was given by Director Adcock, followed by the Pledge of
Allegiance.
Mayor Dailey read a proclamation which proclaimed April 21, 1998, National
Youth Service Day in the City of Little Rock.
Mayor Dailey also read a proclamation which proclaimed April 20 -24, 1998, as
National Crime Victim's Awareness Week.
Director Adcock and Mr. Ward Hanna, Anti- Litter Coordinator in the Public
Works Department, made a presentation regarding the Environmental Task Force and
Earth Day 1998.
Little Rock Police Chief Lou Caudell gave the Little Rock Police Department
First Quarter Crime Statistics Report.
Mayor Dailey recognized and welcomed two boy scouts from Troop 604.
Consideration was then given to the Consent Agenda which consisted of the
following:
(1) The City of Little Rock, Arkansas, Residential Housing and Public
Facilities Board Annual Reports for 1996 and 1997. (To be received and filed.)
(2) Motion to set the date for a public hearing on May 5, 1998, on the appeal
of the Planning Commission's denial of the application to rezone 8212, 8214, 8300 and
8306 Stagecoach Road from "R -2" Single Family District to "C -3" General Commercial
District. (Appeal filed by Mr. Oley Rooker.)
(3) Resolution No. 10,247, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT TO UNUM FOR LONG -TERM
DISABILITY INSURANCE COVERAGE FOR NONUNIFORM CITY
EMPLOYEES FOR A TWO YEAR PERIOD EFFECTIVE MAY 1, 1998.
(4) Resolution No. 10,248, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT TO PRC PUBLIC SECTOR, INC.
FOR THE PURCHASE OF 100 LAPTOP COMPUTERS WITH AUTOMATED
VEHICLE LOCATOR (AVL) SYSTEMS FOR THE LITTLE ROCK POLICE
DEPARTMENT.
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(5) Resolution No. 10,249, with the title being:
A RESOLUTION AUTHORIZING THE SALE OF CERTAIN
PROPERTY LOCATED IN THE LITTLE ROCK PORT INDUSTRIAL PARK;
AND FOR OTHER PURPOSES. (Tract H, Area 101 - To Educators Book Depository
of Arkansas, Inc. - $95, 375.00)
(6) Resolution No. 10,250, entitled:
A RESOLUTION APPOINTING MORGAN KEEGAN AS LEAD
UNDERWRITER AND WEEMS & COMPANY AS CO -BOND UNDERWRITER
FOR THE PROPOSED $16,000,000 CITY OF LITTLE ROCK, ARKANSAS
STREET AND DRAINAGE CAPITAL IMPROVEMENT REVENUE BONDS;
AND PROVIDING FOR OTHER MATTERS IN CONNECTION WITH THE
ISSUANCE OF THE BONDS.
(7) Resolution No. 10,251, described as:
A RESOLUTION APPOINTING A COMMISSIONER FOR THE
BOARD OF IMPROVEMENT FOR THE RIVER RIDGE POINTE STREET
IMPROVEMENT DISTRICT NO. 638.
(8) Resolution No. 10,252, with the title being:
A RESOLUTION OF SUPPORT FOR THE EFFORTS OF THE
CENTRAL HIGH MUSEUM, INC. TO HAVE CENTRAL HIGH DESIGNATED
A NATIONAL HISTORIC SITE BY THE NATIONAL PARK SERVICES.
(Addendum 1) Resolution No. 10,253, entitled:
A RESOLUTION AUTHORIZING THE LITTLE ROCK FIRE
DEPARTMENT TO PROVIDE FIRE SERVICE FOR ONE YEAR TO CERTAIN
BUSINESSES OUTSIDE THE CITY OF LITTLE ROCK. (Koch Materials, Levi -
Strauss, Sharper Image, Siemens Energy & Automation, Wildwood Park.)
Upon a motion and second by Directors Adcock and Joyce, respectively, the Consent
Agenda was adopted by unanimous voice vote.
Mayor Dailey introduced Valerie Dawson Kendricks as the new Assistant to the
Mayor. She replaces Bruce Moore who is now the Assistant to the City Manager.
Item 9 on the Agenda was a proposed Ordinance, entitled;
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT
AND ESTABLISHING A PLANNED DISTRICT- COMMERCIAL TITLED
GAINES SHORT -FORM PD -C (Z- 6414), LOCATED AT 1301 JONES STREET IN
THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING CHAPTER 36 OF
THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR
OTHER PURPOSES.
(Note: The Ordinance was considered on March 17, 1998 and_&Lled by a vote of four
ayes, five noes, and two absent; however, the applicant was not present - said he was not
notified of the meeting date. On April 7, 1998 a motion was adopted to reconsider the
PD -C as requested by Mr. Charles Gaines) Following the first reading of the Ordinance,
Director Adcock moved to suspend the rules and place the Ordinance on second reading.
The motion was seconded by Director Hinton, and unanimously adopted. Mr. Jim
Lawson, Director of Planning and Development, stated the request to rezone from "R -2"
Residential to a PD -C for a beauty/barber shop at 1301 Jones Street was approved by the
Planning Commission, but staff recommended denial based on the Land Use Plan. Mr.
Lawson felt the Planning Commission approved the PD -C because this was a planned
development and because Mr. Gaines appeared to want to do a good job and the
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April 21, 1998
neighbors did not object. Also, the fact that he lives in the neighborhood influenced the
Planning Commission. Director Adcock was concerned about putting commercial only
one or two blocks from Central High School, since the City and the Central High
Neighborhood are working so hard to re- establish the neighborhood. This would be the
only commercial in the area. Mr. Charles Gaines, the applicant, explained that his
proposal was to use the existing structure at 1301 Jones Street for a barber /styling shop.
The only change to the exterior of the building would be to move the entry door from the
west side to the north side and to add a parking lot to the east 60 feet of the lot. He then
responded to question by the Board regarding parking, hours of operation, and number of
employees. Director Adcock asked for clarification regarding the off - street parking and
on the street parking. Following the discussion, the Ordinance was read the second time.
The rules were suspended for the third and final reading by unanimous vote of the Board
Members present, being eleven in number and two- thirds or more of the members of the
Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass,
with the vote recorded as follows: Ayes - Directors Hinton, Keck, Wyrick, and Mayor
Dailey - total 4; Noes - Directors Adcock, Hodges, Cazort, Joyce, Kumpuris, and Kelly -
total 6; Voting Present - Director Wilson - total 1; Absent - None. Whereupon, Mayor
Dailey stated the Ordinance had FAILED.
Item 10 on the Agenda was a proposed Ordinance on second reading, described
as: "AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED RESIDENTIAL DISTRICT TITLED RAYMOND
ROGERS #1 SHORT -FORM PRD (Z6416 -A), LOCATED AT 2117
CUMBERLAND STREET IN THE CITY OF LITTLE ROCK, ARKANSAS;
AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY
OF LITTLE ROCK; AND FOR OTHER PURPOSES. At the meeting held April 7,
1998, Mr. Rogers stated he was willing to withdraw this application and consider only the
PRD at 2022 -2024 Cumberland Street. (See Ordinance No. 17,706 below,) (Seepage 5
of the Minutes of April 7, 1998.) Director Adcock moved to withdraw the Ordinance
from the Agenda. The motion was seconded by Director Wilson and unanimously
adopted. Therefore, the Ordinance was withdrawn.
Consideration was then given Ordinance No. 17,706, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT
AND ESTABLISHING A PLANNED RESIDENTIAL DISTRICT TITLED
RAYMOND ROGERS #2 SHORT -FORM PRD LOCATED AT 2022 AND 2024
CUMBERLAND STREET (Z- 6417 -A) 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.
The Ordinance was read the first time on March 17, 1998. There was a lengthy
discussion on April 7, 1998, at which time the second reading was deferred to April 21,
1998. Mr. Jim Lawson, Director of Planning and Development, stated that at the last
meeting the Board asked staff to look at this property. The Zoning Ordinance would
allow as many as fourteen (14) people in the two units. Staff has looked at the two units
and recommends a maximum of eight (8) people for 2022 Cumberland and a maximum
of ten (10) people at 2024 Cumberland Street, and Mr. Rogers has accepted that. Mr.
John Pagan, President of the MacArthur Park Neighborhood Association, briefly
commented on a letter he had sent to the Board regarding development in the downtown
area. Of particular concern was the rezoning request for 2022 -2024 Cumberland Street
and the eviction notices to tenants at Fowler Square Apartments on East 7th Street in
order to provide Section 8 housing for qualified tenants and how those two issues will
affect the quality of life in the MacArthur Park and downtown neighborhood. Director
Wilson was opposed to the PRD and urged Board Members to vote no. Mr. Rogers
responded to questions. Ms. Maggie Hawkins, a resident of the neighborhood, said the
reason the Neighborhood Association rescinded its letter of support was that they began
receiving complaints from the elderly residents of the area. The Ordinance was then read
the second time. The rules were suspended for the third and final reading by unanimous
vote of the Board Members present, being eleven in number and two- thirds or more of the
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April 21, 1998
members of the Board of Directors. A roll call vote was taken on the question, Shall the
Ordinance Pass, as follows: Ayes - Directors Hodges - Cazort, Joyce, Kumpuris, Kelly,
and Mayor Dailey - total 6; Noes - Directors Adcock, Wilson, Hinton, Keck, and Wyrick
- total 5. Therefore, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,707, described as:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED TRUMPET IN
ZION SHORT -FORM POD LOCATED AT 900 S. PINE (Z -6449) IN THE CITY
OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER
PURPOSES;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being eleven in number and two - thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris,
Kelly, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the
Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,708, with the title being:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED DISTRICT- OFFICE TITLED ADONIRAM
LODGE SHORT -FORM PD -O LOCATED AT 9725 MAIN STREET
(MABELVALE) (Z -6461) IN THE CITY OF LITTLE ROCK, ARKANSAS,
AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY
OF LITTLE ROCK; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being eleven in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris,
Kelly, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the
Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,709, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING
FOR A WAIVER OF TWO PIPESTEM LOTS FOR CHENAL VALLEY (PHASE
15) MARGAUX PLACE - PRELIMINARY PLAT (S- 867 -LLL) LOCATED
ALONG THE EAST SIDE OF CHENAL PARKWAY AND SOUTH OF
CHENENCEAU BLVD.;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being eleven in number and two - thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris,
Kelly, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the
Ordinance was declared PASSED.
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April 21, 1998
Introduced next was Ordinance No. 17,710, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF CUL -DE -SAC LENGTH FOR CHENAL VALLEY
ADDITION, PHASE 15 LOCATED AT THE EAST SIDE OF CHENAL
PARKWAY AND SOUTH OF BAYONNE SUBDIVISION;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being eleven in number and two - thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes
Directors Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris,
Kelly, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the
Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,711, with the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING
FOR A VARIANCE OF MINIMUM LOT WIDTH FOR CALS SUBDIVISION -
REPLAT OF TRACT 2 (S- 1150 -A) LOCATED WITHIN THE 300 BLOCK OF E.
MARKHAM STREET; (Central Arkansas Library System)
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being eleven in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris,
Kelly, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the
Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,712, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING
FOR A WAIVER OF A PIPESTEM LOT FOR REDDITT - PRELIMINARY
PLAT (S -1179) LOCATED ON THE EAST SIDE OF SULLIVAN ROAD, NORTH
OF RAINES ROAD;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being eleven in number and two - thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
Directors Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris,
Kelly, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the
Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,713, described as:
AN ORDINANCE PROVIDING FOR A CONDITIONAL WAIVER OF
BOUNDARY STREET IMPROVEMENTS IN ACCORDANCE WITH THE
PROVISIONS OF CHAPTER 31 OF THE CODE OF ORDINANCE FOR TRACT
1 AND 2 OF REDDITT ADDITION LOCATED EAST OF SULLIVAN ROAD
AND NORTH OF RAINES ROAD;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being eleven in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes -
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Directors Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris,
Kelly, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the
Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,714, with the title being:
AN ORDINANCE APPROPRIATING FUNDS FOR THE PURPOSE OF
INSTALLING SCHOOL FLASHING SIGNALS; ($50, 000 from the 1998 Revenue
Bond Fund.)
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being eleven in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken 'on passage of the Ordinance as follows: Ayes -
Directors Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris,
Kelly, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the
Ordinance was declared PASSED.
Items 22 and 23 on the Agenda were deferred until May 5, 1998, upon a motion
by Director Adcock, which was seconded by Director Wilson, and unanimously adopted.
Director Adcock requested the deferral because the information had just been received
from the City Attorney. Therefore, no action was taken on the following:
(22) AN ORDINANCE ESTABLISHING THE LITTLE ROCK
COMMUNITY HOUSING ADVISORY BOARD; DEFINING THE INITIAL
DUTIES, THE NUMBER AND TERMS OF THE MEMBERS, AND FOR OTHER
PURPOSES.
(23) AN ORDINANCE APPROVING THE EXTENSION OF WATER
TO THE CITY OF ALEXANDER, ARKANSAS.
Consideration was then given to Ordinance No. 17,715, entitled:
AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN
LANDS TO THE CITY OF LITTLE ROCK, ARKANSAS.
(Northwest Territory Subdivision Annexation - 87 acres north of intersection of
Chenal Parkway and Hwy. 10.)
Mr. Jim Lawson, Director of Planning and Development, made the staff presentation,
stating this is in the Extraterritorial Planning area and has been zoned since 1981 and a
mini - warehouse is being built on the site now. On January 20, 1998 the Board adopted
Resolutions approving the extension of water and sewer to the Northwest Territory,
subject to annexation to the City of Little Rock. (Resolutions No. 10,186 and 10,187.)
One of the issues during the annexation review was fire protection in the area. ISO now
looks at a 1 -1/2 mile radius rather than the response time, so a fire station would be
needed whether or not this property was annexed. The property owner has agreed to give
the City a fire station site. Staff supports the annexation. The Ordinance was then read
the first time. The rules were suspended for the second and third readings by
unanimously vote of the Board Members present, being eleven in number and two- thirds
or more of the members of the Board of Directors. A roll call vote was taken on passage
of the Ordinance as follows: Ayes - Directors Adcock, Hinton, Hodges, Cazort, Keck,
Joyce, Wyrick, Kumpuris, Kelly, and Mayor Dailey - total 11; Noes - Director Wilson -
total 1; Absent - None. Therefore, the Ordinance was declared PASSED. (Mayor Dailey
thanked Mr. Gene Pfeifer for the contribution of land for afire station)
There was a brief discussion about Item 21 on the Agenda regarding storm
sewer pipe specifications, which had been discussed for one and one -half hours on
March 3, 1998. Director Hodges moved for immediate consideration without
presentations or discussion. The motion was seconded by Director Cazort and 1&td by
the following roll call vote: Ayes - Directors Hodges, Cazort, Kelly, and Mayor Dailey -
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total 4; Noes - Directors Adcock, Wilson, Hinton, Keck, Joyce, Wyrick, and Kumpuris -
total 7. There was a subsequent motion by Director Keck, seconded by Director Wilson,
to limit debate to ten (10) minutes per side. The motion was adopted by the following
roll call vote: Ayes - Directors Wilson, Keck, Joyce, Kumpuris, Kelly and Mayor Dailey
- total 6; Noes - Directors Adcock, Hinton, Hodges, Cazort, and Wyrick - total 5; Absent
-None. (See Ordinance No. 17,716 below.)
Mayor Dailey declared a ten minute recess at 8:05 o'clock P.M. The Board of
Directors reconvened at 8:25 o'clock with Mayor Dailey presiding and all Directors
present.
Introduced next was Ordinance No. 17,716, described as:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR CERTAIN TECHNICAL AND PROCEDURAL REVISIONS. (Storm sewer
pipe specifications.)
(NOTE: The Ordinance was read the first time on March 3, 1998, and tabled two weeks
for revisions.) City Manager Cy Carney supported the debate for and against the
Ordinance. As directed by the Board on March 3, 1998, the Ordinance has been revised
to include the compromise that concrete pipe be specified for under - pavement surfaces.
In other locations alternative pipe may be used - plastic, metal, or concrete as specified by
an engineer. Future changes in the specifications will be left to the City Manager.
Opposition was presented by Mr. Mike Shook, Mr. Woody Rigdon, former City
Director Jeff Sharp, Pam Adcock, and Jim Scurlock. Speaking in support of the
Ordinance were Mr. Mike Batie (former L.R. Public Works Director), Keith Wingfield,
Tim Daters, and Wes Lowder. Mr. Mike Shook, Choctaw Concrete Pipe Company,
said his understanding at the March 3, 1998 meeting was that concrete pipe would be
required in the critical applications, which he felt were cross drains under streets and
storm drains. Plastic or metal pipe would be fine for non - critical applications such as
side drains, driveways, yard drains, etc. However, he understood from the Agenda
Meeting on April 14 that the Board wanted the Ordinance to reflect the Arkansas
Highway & Transportation Department Standards. He emphasized that plastic pipe is not
allowed in any form or fashion in storm sewers or cross drains under AHTD
specifications. Mr. Woody Rigdon, State Manager for Choctaw Concrete Pipe in
Arkansas, said Choctaw has manufactured concrete pipe for over 60 years, and has been a
good employer. Former Director Jeff Sharp felt the Board should set policy and give the
City Manager direction. He was under the impression the Board was going to consider
AHTD rules and regulations, and he strongly recommend that the City go by AHTD
standards. Mrs. Pam Adcock read a prepared statement in which she expressed concern
with the results of using non - concrete pipe. She stated concrete pipe is built to last and
urged the Board to use only a product that has already been proven to last. Mr. Scurlock
said the difference in flexible pipe and rigid or concrete pipe is that 90% of the strength
needed is in the concrete pipe, whereas, in flexible pipe only 10% of the strength is in the
pipe. Flexible pipe has to be installed and compacted correctly. Speaking in support of
the Ordinance, Mr. Mike Batie, Advanced Drainage Systems of Madison, MS, said the
Public Works Staff has done a very good job in trying to amend the 1958 ordinance.
There is a new technology in the last 20 years. He responded to erroneous statements
made at the last meeting. He also described the strength and durability of the corrugated
plastic pipe, stating this is a good product that has been proven and will maintain its
strength. Mr. Keith Wingfield, regional sales manager for Contech Construction
Products, representing the metal pipe industry and bituminous coated paved invert, said
the Ordinance before the Board does not follow the AHTD specifications. He urged the
Board to amend the proposed Ordinance to include the bold type he has inserted in
Section 13.01(c) of the specifications "or shall be either Section 13.03(b), (c), or (d) as
noted below for various types of Polymer Coated Steel Pipes." This would provide an
alternative to a single source product. Mr. Wes Lowder, president and owner of
Mehlburger Engineering Firm, said he had installed thousands of feet of all kinds of pipe,
and all of them perform admirably in the right application and used at the right time, and
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they also provide competition. The cost of development of property in the City has gone
up over the years and if the City limits the engineers to one product, that is going to cost
his clients money. He urged the Board to listen to staff. Mr. Tim Daters, president of
White - Daters Associates, said he looks at all the materials available and chooses the one
he thinks will give the best service. He urged the Board to listen to staff. Responding to
a question by Director Adcock, Public Works Director Chandra Russell said the AHTD
specifications themselves do not declare what pipe and what application, but the AHTD
policies currently in place do so. Director Hodges urged the Board to add Mr.
Wingfield's suggested language to the specifications and allow our engineers to decide
what kind of pipe to use. He then moved to insert in Section 13.01(c) of the
specifications the phrase "or shall be either Section 13.03(b), (c), or (d) as noted below
for various types of Polymer Coated Steel Pipes." The motion was seconded by
Director Kumpuris and adopted by the following voice vote: Ayes - Directors Hinton,
Hodges, Cazort, Keck, Kumpuris, Kelly, and Mayor Dailey - total 7; Noes - Directors
Adcock, Wilson, Joyce, and Wyrick - total 4. The Ordinance, as amended, was then read
the second time. The rules were suspended to provide for the third and final reading of
the Ordinance by unanimous vote of the Board Members present, being eleven in number
and two - thirds or more of the members of the Board of Directors. The roll call vote on
passage of the Ordinance is recorded as follows: Ayes - Directors Hodges, Cazort, Keck,
Joyce, Kumpuris, Kelly and Mayor Dailey - total 7; Noes - Directors Adcock, Wilson,
Hinton, and Wyrick - total 4. Whereupon, the Ordinance, as amended, was declared
PASSED.
Director Keck asked why the College Station sewer issues were not on the
Agenda. City Manager Cy Carney stated staff is still having dialogue with USDA that
made the grant to College Station. They have concerns with the way this is being
handled, so there are details still to be resolved.
At 9:10 o'clock P.M. the Board began discussion of the City of Little Rock 1999
Legislative Priority List. City Manager Cy Carney reviewed the list of items set forth in
his memorandum dated April 9, 1998. Director Hodges said he was surprised to learn
that the Municipal Judges' Retirement Fund Board of Trustees does not operate under the
prudent man test. They cannot invest these funds in anything but government issues,
which at this time pay nothing. It makes no sense to have that kind of restriction on those
funds. Therefore, he suggested that the Board try to get legislation to allow the
Municipal Judges Retirement Fund Board of Trustees to make investments under the
prudent man test. Mr. Carney responded to questions by Board Members. Director
Cazort then moved to ask the City Manager and City Attorney to draft the legislative
package for the Board Members to review. The motion was seconded by Director
Hodges, and unanimously adopted.
At 9:40 o'clock Director Kumpuris stated he had to recuse on the following
Comcast Cable Television negotiation update, because a member of his family has an
interest in the building that houses Comcast. Therefore, Director Kumpuris was
excused at 9:40 o'clock P.M.
Item 25 on the Agenda was an update on the Comcast Cable Television
franchise negotiations. (See Minutes of April 7, 1998, page 7, for lengthy discussion
and proposed Resolution.) Vice Mayor Keck commended City Manager Cy Carney in
that he had assembled a team to deal with the issue of telecommunications, particularly
cable, so that the City can go from reactive to proactive. He then reviewed the
background of the franchise. He stated that two weeks ago the Board authorized a
feasibility study that investigates state law, assesses our current fiber optic network that is
available to the City of Little Rock, reviews the steps necessary to create our own fiber
optic network, and allows us to begin to investigate partnerships with municipalities such
as North Little Rock, Sherwood, Jacksonville, and Maumelle. He said the second
important issue is that the City and Comcast have come to an agreement on the length of
the franchise and upgrading the equipment. There is some contractual language still to be
worked out, but there are difficult issues within that contractual language. If that can be
worked out, the public hearing could be held on May 19, 1998, and the Board could vote
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on the Ordinance. He felt it was incumbent upon the Board to find a way to introduce
competition, because he did not feel that Comcast would voluntarily reduce monthly
rates. Director Cazort said that in conjunction with the franchise renewal, there are three
things that the Board should commit to do: (1) begin an immediate and ongoing
survey /discussion with citizens to determine what channels they want on the cable
system; (2) determine what type of pricing structures the citizens want or expect; and (3)
ask cable viewers what their complaints are about the service they are receiving from
Comcast. Mr. Mike Wilson, Manager of Comcast, thanked the Board for working with
Comcast on this franchise. Attorney Peter Miller, said he represented 80,000 people
who are subscribers to Comcast in a class action lawsuit against Comcast. City Attorney
Tom Carpenter stated that Mr. Miller was concerned with an aspect of the contract
dealing with late charges. There is litigation going on between Mr. Miller and Comcast,
and he suggested that Mr. Miller make his comments to the Board in writing with a copy
to him and see if that doesn't accomplish his purpose.
(Directors Hodges and Keck were excused at 9:55 o'clock P.M.)
Director Adcock asked the Board to add to the Agenda an Ordinance regarding
demolition of a burned structure at 1800 Cumberland Street. Director Cazort moved to
add the Ordinance to the Agenda. The motion was seconded by Director Adcock and
unanimously adopted by the Board Members present. Whereupon, Ordinance No. 17,717
was presented, with the title being:
AN ORDINANCE TO AUTHORIZE THE DEMOLITION OF PROPERTY
AT 1800 CUMBERLAND; TO APPROPRIATE FUNDS TO PAY FOR SUCH
DEMOLITION; TO DECLARE AN EMERGENCY; AND FOR OTHER
PURPOSES;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings by unanimous vote of the Board Members present, being eight
in number and two - thirds or more of the members of the Board of Directors. (Directors
Kumpuris and Hodges re- enrolled at 9:58 o'clock P.M.) A roll call vote was taken on
passage of the Ordinance as follows: Ayes - Directors Adcock, Wilson, Hinton, Hodges,
Cazort, Joyce, Wyrick, Kumpuris, Kelly, and Mayor Dailey - total 10; Noes - None;
Absent - Director Keck - total 1.
The Emergency Clause contained in Section 3 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Adcock, Wilson,
Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, and Mayor Dailey - total 10;
Noes - None; Absent - Director Keck - total 1. Whereupon, the Ordinance, together
with the Emergency Clause, was declared PASSED.
(Director Keck re- enrolled at 10:00 o'clock P.M.)
City Manager Cy Carney gave his Activity and Project Report:
At the time allotted for Citizen Communications, the first speaker was Ms.
Joyce Van de Grift, 1524 S. Summit Street. She was concerned about crime in the
Central High Neighborhood. A man was shot in the alley behind her house on Saturday
morning. She heard pounding on her door and called 911. The person that was shot left
blood on her porch and back door and around her house. She was told that it would be
her responsibility to clean up the blood on her private property. But there was a large
pool of blood in the street where the man had collapsed and also MEMS left a lot of mess
in the street when they attended the man and took him to the hospital. There was no one
to take responsibility for the blood and mess on the street. Also, there are two houses in
the neighborhood that are known as gang hangouts and they are only two blocks from
Central High School. Mayor Dailey asked City Manager Cy Carney to follow up on
these issues and get back with Mrs. Van de Grift.
9
Minutes
April 21, 1998
The next speaker during Citizen Communication was Ms. Jennifer Duke, 316
N. Palm Street, who said she appeared before the Board on February 3, 1998 regarding
flooding of her property. She thanked the Board for getting her street on the list of
drainage projects to be corrected. Her property flooded again the past Thursday and more
damage was done to her foundation. She turned in a claim in January and still has not
had a response. (See Minutes of February 3, 1998.) She said her telephone calls are not
returned. She asked the Board to help her get an answer to the time frame for settling her
claim. City Attorney Tom Carpenter said he heard the Board's initial comments to deny
the claim. There are some issues to be worked out. Mr. Carpenter will meet with staff on
Wednesday and hopefully have a report to the Board on Thursday with a
recommendation that is consistent with prior City policy. Director Hodges said we need
to move forward on this. We should not keep people in limbo and we should be fair.
Responding to a question by Director Adcock, Mrs. Duke said the total cost was around
$5,000 ($2000 for the heating and air system; $3000 for foundation repair).
Ms. Beckie Chambers, 5511 Holly Springs, was the last speaker during Citizen
Communications. She said she spoke to the Board two weeks ago about the storm
drainage and retaining wall problem she is having in Woodland Ridge. Some
workers were out last Thursday and talked to her roommate. They discussed the
possibility of putting in concrete pipe in the drainage ditch. The workers said she would
probably be required to put in plastic pipe. Ms. Chambers had two questions: (1) can
pipe be put in the ditch? and (2) can she choose the type of material since she will have to
pay for it? City Manager Cy Carney will provide a report on Thursday.
Director Kelly read a prepared statement regarding police accountability. We as
a Board must send a clear message that we want to develop real partnerships between
neighborhoods most affected by crime and the police who have such a presence there.
At 10:25 o'clock P.M. the Board of Directors recessed to executive session to
evaluate City Attorney Tom Carpenter.
The Board reconvened at 11:35 o'clock P.M. with Mayor Dailey presiding and
nine Directors present. (Director Kumpuris was absent.)
Mayor Dailey reported on the evaluation of City Attorney Tom Carpenter,
stating that he is doing a good job and the Board gave him a four percent (4 %) salary
increase retroactive to January 1, 1998. Mayor Dailey will work with Mr. Carpenter on
other issues discussed and will review again in mid - December.
There being no further business to be presented, the Board of Directors recessed
at 11:35 o'clock P.M. to reconvene on Tuesday, April 28, 1998 to consider a Resolution
approving the sale of 22 City owned lots in Vernon Place Addition (formerly referred
to as "Sin City').
ATTEST:
City Clerk Robbie Hancock
10
PROVED:
yor Jim Dailey
167