HomeMy WebLinkAbout02-02-99376
Board of Directors Room
City Hall - 500 W Markham
Little Rock, Arkansas
February 2, 1999 - 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 present: Directors Pugh, Hinton, Lichty, Keck, Stewart,
Wyrick, Kelly, and Adcock - total 8; Absent - Directors Cazort and Kumpuris - total 2.
With a quorum present, Mayor Dailey declared the Board of Directors in session
and the proceedings of the meeting are recorded as follows.
The Invocation was given by Director Kelly, followed by the Pledge of
Allegiance.
(Director Kumpuris enrolled at 6:08 o'clock P.M.)
The Paint Your Heart Out presentation was given by Mr. Jimmy Pritchett,
Code Enforcement Supervisor in the Department of Housing and Neighborhood
Programs. The Program began in 1991 and since that time well over 600 homes have
been painted in Little Rock and North Little Rock. Paint Your Heart Out 1999 will occur
on Saturday, April 17, 1999. There was also an eight minute video presentation.
Bruce Moore, Assistant to the City Manager, introduced Captain John Tanner and
the Air Land Emergency Resource Team (ALERT) of Watersmeet, Michigan, which
is in town to assist in the disaster recovery from the tornado that struck the Little Rock
area on January 21, 1999. The young men arrived in Little Rock on January 24, 1999 and
have been working in east Little Rock and south central Little Rock cutting down trees
and removing debris, etc. to help clean up the City. Mr. Jimmy Pritchett, Code
Enforcement Supervisor, gave details of the work of the ALERT team. Mayor Dailey
expressed appreciation to Captain Tanner and the young men and noted that the ALERT
team came to Little Rock twice in 1997 - to assist with clean up from the March 1
tornado and in September to help prepare for the Fortieth Anniversary Celebration of the
Central High School Integration Crisis of 1957. Mayor Dailey also stated that Mr. Bill
Gothard has plans to open an Institute of Basic Life Principles training facility at the old
Veterans Administration (VA) Hospital on Roosevelt Road in Little Rock. Captain
Tanner explained that the Institute of Basic Life Principles is a ministry of serving others.
In conclusion, the ALERT team sang "Come Thou Fount of Every Blessing."
(Director Wyrick was excused at 6:20 o'clock P.M.)
Director Adcock stated that officials at Red Cross and FEMA said they had never
seen a community pull together like Little Rock has and praised City employees and
citizens.
Mayor Dailey recognized Brad Hall, a member of Boy Scout Troop 725, who
was attending the meeting as a requirement for his Citizenship and Community Merit
Badge.
Director Hinton moved to add to the Consent Agenda the Resolution listed on the
Agenda Modifications. The motion was seconded by Director Adcock and unanimously
adopted. (See Resolution No. 10,462 below)
Consideration was given to the Consent Agenda which consisted of the
following:
(1) Approval of the Minutes of the Board of Directors regular meeting held
October 6, 1998, and the reconvened meeting held October 13, 1998.
1
Minutes
February 2, 1999
377
(1) Approval of the Minutes of the Board of Directors regular meeting held
October 6, 1998, and the reconvened meeting held October 13, 1998.
(2) Resolution No. 10,462, entitled:
A RESOLUTION AUTHORIZING A MEMORANDUM OF
UNDERSTANDING TO THE AGREEMENT BETWEEN THE CITY OF LITTLE
ROCK AND WOODRUFF COMMUNITY DEVELOPMENT COOPERATION
TO TEMPORARILY LEASE TWO STRUCTURES FUNDED WITH HOME
INVESTMENT PARTNERSHIP FUNDS, LOCATED AT 2501 WEST 6TH AND
510 SOUTH MAPLE STREET AS AFFORDABLE HOUSING TO VICTIMS OF
THE JANUARY 21, 1999 NATURAL DISASTER IN THE CITY OF LITTLE
ROCK.
Upon a motion and second by Directors Adcock and Lichty, respectively, the Consent
Agenda was adopted by unanimous voice vote of the Board Members present.
At 6:54 o'clock P.M. Mr. Alfred Williams, Chairman of the Sister Cities
Commission, and Ms. Susan Gregory gave an update on the Sister Cities Conference to
be held in Little Rock in July, 1999.
At the time allotted for Citizen Communications, the first speaker was young
Amanda Johnson, 8223 Scott Hamilton Drive, who addressed the Board about the need
for sidewalks on Scott Hamilton Drive where children walk to school.
(Director Wyrick re- enrolled at 6:52 o'clock P.M.)
Mrs. Eleanor Coley, 8223 Scott Hamilton Drive, was the next speaker during
Citizen Communications. Mrs. Coley expressed concern about the poor state of Scott
Hamilton Drive and the need for improvements, particularly since the children walk to
school along Scott Hamilton.
The next speaker during Citizen Communications was Mrs. Dottie Funk, a
member of the Kanis Road Excavation and Tree Preservation Task Force, who asked
where we stand on the Kanis Road Overlay moratorium. She said the clock is ticking
and we have run out of two months of the three month moratorium. Mayor Dailey said
the Board can extend the moratorium, if necessary.
Mrs. Kathy Wells, 2121 Gaines Street, was the next speaker during Citizen
Communications. Mrs. Wells referred to a free publication by FEMA entitled "Building
a Safe Room in Your House." The publication listed everything needed to build the
safe room and the materials could be purchased for as low as $2,000. The room is so well
reinforced, designed and engineered, it will withstand any tornado wind. She said this
needs to be added to our Building Code for new construction, and said the State
Legislature needs to be urged to make this a part of the State Building Code. It is time
we enforce safe living in a tornado zone.
The last speaker during Citizen Communications was Mrs. Virginia Whitlock,
1917 Martin Street. She said that last year she left with a staff person a business proposal
for her non - profit organization and she would like to meet with someone about it. City
Manager Cy Carney asked her to meet with Mr. Bruce Moore, Assistant to the City
Manager.
A public hearing had been scheduled for this time and place by Resolution No.
10,455, adopted January 19, 1999, on the petition to vacate a public utility easement in
Lots 1R and 3R, John B. May Addition (1010 S. Taylor Street) to the City of Little Rock,
Arkansas. The petition was filed by Moco Investment Ltd. Partnership. The notice of
public hearing was published in the Daily Record on January 26, 1999, and February 2,
1999. Mayor Dailey declared the public hearing open at 7:10 o'clock P.M. No one was
present to speak in opposition to the abandonment and Ordinance No. 17,928 -Y, was
presented, with the title being:
2
i
373
Minutes
February 2, 1999
AN ORDINANCE VACATING A PUBLIC UTILITY AND DRAINAGE
EASEMENT ALONG THE PROPERTY LINE DIVIDING LOTS 1R AND 3R OF
JOHN B. MAY'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
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 ten 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 Kelly, Adcock, Pugh, Hinton, Lichty, Keck,
Stewart, Wyrick, Kumpuris, and Mayor Dailey - total 10; Noes - None; Absent - Director
Cazort - total 1. Therefore, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,929, described as:
AN ORDINANCE TO AUTHORIZE THE PURCHASE OF 15
AUTOMATIC EXTERNAL DEFIBRILLATORS FOR THE LITTLE ROCK FIRE
DEPARTMENT; TO WAIVE COMPETITIVE BIDDING; DECLARING 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 of the Ordinance by unanimous vote of the Board Members
present, being ten in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes - Directors Kelly, Adcock, Pugh, Hinton, Lichty, Keck,
Stewart, Wyrick, Kumpuris, and Mayor Dailey - total 10; Noes - None; Absent - Director
Cazort - total 1.
The Emergency Clause contained in Section 4 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Kelly, Adcock, Pugh,
Hinton, Lichty, Keck, Stewart, Wyrick, Kumpuris, and Mayor Dailey - total 10; Noes -
None; Absent - Director Cazort - total 1. Whereupon, the Ordinance, together with
the Emergency Clause, was declared PASSED.
Consideration was then given to Ordinance No. 17,930, with the title being:
AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO THE SERVICE APPLICATION FOR
ENHANCED 9 -1 -1 UNIVERSAL EMERGENCY NUMBER SERVICE
AGREEMENT WITH SOUTHWESTERN BELL TELEPHONE COMPANY, TO
WAIVE FORMAL BIDDING REQUIREMENTS, DECLARING 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 of the Ordinance by unanimous vote of the Board Members
present, being ten in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes - Directors Kelly, Adcock, Pugh, Hinton, Lichty, Keck,
Stewart, Kumpuris, and Mayor Dailey - total 9; Noes - None; Recused - Director Wyrick
- total 1; Absent - Director Cazort - total 1.
The Emergency Clause contained in Section 6 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Kelly, Adcock, Pugh,
Hinton, Lichty, Keck, Stewart, Wyrick, Kumpuris, and Mayor Dailey - total 9; Noes -
None; Recused - Director Wyrick - total 1; Absent - Director Cazort - total 1.
Whereupon, the Ordinance, together with the Emergency Clause, was declared
PASSED.
3
Minutes
February 2, 1999
379
Item 3 on the Agenda was a proposed Ordinance, entitled:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH TRI -STAR CONSTRUCTION COMPANY IN THE
AMOUNT OF $140,361 FOR HINKSON ROAD PROJECT;
and the Ordinance was read the first time. Mrs. Pam Adcock said the Public Works
Department did the in -house design on Hinkson Road and presented it to the
neighborhood. The neighborhood tried to address its concerns with Public Works. The
two main concerns were (1) the street elevation being 7" to 9" higher than it is now; and
(2) the consultants on the rest of the projects (Cloverdale Phase I and II) recommended
that end of the area needed to be undercut and filled in with "B" stone to form a good
solid base for the road, so the street would last a long time. When Public Works was
asked why this was not done on Hinkson, the answer was to save money. Another
concern was the radius at the school driveway, which was too tight for the fire trucks to
negotiate a turn to get in to the school. The fire department has recommended that there
only be parking on one side of the street. The inlet across from the school is designed
with bars to catch the leaves. The leaves will stop it up and the water won't flow into the
inlet. She said she believed if the street is built according to Public Works design that it
won't last more than a couple of years. The water will be forced closer to the homes, and
the school yard and sidewalk will be under water. She concluded by asking that Hinkson
Road and 83rd Street be built right. Director Joan Adcock passed around pictures of the
Cloverdale Junior High area as well as the inlet. The next speaker was Mr. Troy Laha, 7
Althea Circle, who said that he had talked to Public Works and suggested that the third
lane be put on Hinkson Road in front of the school. He asked why on one portion of
Hinkson Road 14 inches of gravel needed to be taken out and replaced with B stone, but
on this one it didn't. He also said that a width of 26 feet is just too narrow for this street.
Hinkson Road is already higher than the surrounding terrain and if the height is increased,
it would create a hump on and off. He recommended that the street be undercut and
lower the grade. The next speaker was Ms. Janet Berry with Southwest Little Rock
United for Progress, who asked that the street be built right the first time. City Manager
Cy Carney said the core boring revealed that the surface material and the base material
were adequate to support the new surface material. He said the Board could proceed as
recommended, or reject the bids and direct staff to redesign the project and to do
additional work at the school and then rebid. To add $65,000 to the contract is beyond
the scope of the amount of a change order. Director Wyrick then moved to reject the
bids and go back to the design board. Mr. Carney asked if the motion included
additional work at the school and the pavement grade. Director Wyrick then amended her
motion to include additional work at the school. The motion was seconded by Director
Adcock. City Attorney Tom Carpenter said the Board just needs to defeat the Ordinance
and then direct staff to rebid. Director Adcock suggested that the school district be
contacted about sharing the cost of the improvements in the school area. The motion
and second were withdrawn and the rules were suspended to provide for the second and
third readings of the Ordinance by unanimous vote of the Board Members present, being
ten in number and two - thirds or more of the members of the Board of Directors. A roll
call vote was then taken on passage of the Ordinance as follows: Ayes - None; Noes -
Directors Kelly, Adcock, Pugh, Hinton, Lichty, Keck, Stewart, Wyrick, Kumpuris, and
Mayor Dailey - total 10; Absent - Director Cazort - total 1. Whereupon, Mayor Dailey
announced that the Ordinance had FAILED.
Introduced next was Resolution No. 10,463, described as:
A RESOLUTION TO AMEND RESOLUTION NO. 9,800 AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AN
AGREEMENT WITH COLLEGE STATION CDC TO PROVIDE A TOTAL OF
EIGHTY THOUSAND DOLLARS ($80,000) IN HOME FUNDS FOR
SUBSIDIZING FIRST -TIME BUYERS TO ASSIST WITH FOUR AFFORDABLE
HOMES; AND FOR OTHER PURPOSES.
4
• '
•
Minutes
February 2, 1999
Following the reading of the Resolution, at the request of Director Adcock, Sara Moore,
Manager of CDBG & Housing Division, briefly explained the project. Director Adcock
then moved for adoption of the Resolution. The motion was seconded by Director Keck
and the Resolution was unanimously adopted.
At 7:48 o'clock P.M. Mayor Dailey declared a ten minute recess. The Board of
Directors reconvened at 8:05 o'clock P.M. with Mayor Dailey presiding and 9 Directors
present. (Director Cazort was absent.)
Consideration was then given to Item 7 on the Agenda which was a proposed
Resolution entitled:
A RESOLUTION TO ASK THE ARKANSAS GENERAL ASSEMBLY TO
ADOPT LEGISLATION TO REQUIRE THAT THE BOUNDARIES OF THE
LITTLE ROCK SCHOOL DISTRICT AND THE CITY OF LITTLE ROCK,
ARKANSAS, BE COTERMINOUS; AND FOR OTHER PURPOSES.
(The Resolution had been deferred from January 19, 1999, and January 26, 1999)
Following the reading of the Resolution, City Attorney Tom Carpenter said he was asked
if a Resolution of this nature could be done legally, and in order to determine that, he had
reviewed the desegration litigation for the Little Rock School District from the early
1980's point forward. He found that the Eight Circuit Court ruled that the coterminous
nature of the boundaries of the City and the School District needed to be as of the date of
its original order which was June 19, 1986. The question was whether or not some
action could be taken by a governmental unit which would change the boundaries in any
of the school districts and not violate the desegration order. It appears that the answer is
yes, it could be done. How is it done? The Resolution calls for a change in the
legislation which places the duty upon any county board of education in the state to make
boundaries of any school district coterminous with those of the local government, if the
local governing body and the local school district make the request that the county board
of education do so. Director Keck was concerned about the impact this would have on
the school districts. Director Adcock asked if the neighborhood associations had been
notified that this item was on the Agenda for this meeting. Director Lichty read the list as
follows: Aberdeen Court, Johnson Ranch, St. Charles, Parkway Place, Gibralter Heights,
Point West, Timber Ridge, Spring Valley Manor, College Station, Granite Mountain, and
Woodland Ridge. Those speaking in opposition to the Resolution were: Jim Phillips -
124 Calais Cove; Melody Parsley - 15811 Crystal Valley Road; James Hearnsberger -
24 Village Grove Road; Kevin Morgan - 6 Echo Point; Oley Rooker - 7715 Wood
Forest Lane; Ila Newberry - Baker Elementary Principle; Lonnie Lewis - 1400 Green
Mountain Drive; David Nervig - 3 Echo Point; John S. Kitterman - 70 Chenal Circle;
Ross Phillips - 34 Vista Drive; Lee Sweetin - 20 Village Grove Road; Allison
Richardson - 28 Vista Drive; Doug Akin - 14605 Woodcreek Dr.; Lorraine Bell - 11
Pendleton Cove; Jan Hicks - 9 Secluded Circle; and Kathy Lyons - 16420 Cooper Orbit
Road. Speakers urged the Board to delay voting on the issue tonight and allow more time
for input; or to vote against the Resolution. Speaking in support of the Resolution were
Mrs. Ruth Bell - League of Women Voters of Pulaski County; and Baker Kurrus - a
member of the Little Rock School Board. Mr. Kurrus said the school district does not
grow as the City grows by annexation. If we don't do something soon, we will find our
city divided by two school districts. As we grow, we have to plan for education. Mayor
Dailey said this is a community that is pulling together. We need to talk through this
some more. Director Adcock moved to table the Resolution to come back for
consideration with the Smart Growth proposal. The motion was seconded by Director
Wyrick. At the request of Director Kumpuris, Director Adcock and Director Wyrick
withdrew the motion and second in order to have Board discussion. There was a
lengthy discussion by the Board. Director Keck felt it would be good to delay the issue
and consider it after the Smart Growth issue. Director Kumpuris said having two school
districts within the City is going to get us in trouble sometime in the future. He was not
opposed to tabling the issue, but felt it probably needed more study than Smart Growth
would do, but that is a fine place to start. It is a problem that continues to grow and will
not go away. Director Adcock said the two school districts, the communities and the City
5
Minutes 38-1
February 2, 1999
of Little Rock all need to be a part of this discussion. She wanted this to come up with
Smart Growth but not be a part of Smart Growth. She felt there should be meetings in the
communities that would be affected. She then moved to "table the Resolution until the
time that we bring Smart Growth up." Upon question, she said she wanted it on the
same time frame as Smart Growth - have the meetings quickly in order to catch up with
Smart Growth. The motion was seconded by Director Pugh and unanimously adopted.
The next presentation was Resolution No. 10,464, with the title being:
A RESOLUTION OF SUPPORT FOR THE LITTLE ROCK SCHOOL
DISTRICT; AND FOR OTHER PURPOSES.
Following the reading of the Resolution, Director Adcock said she totally supported the
Little Rock School District, but she opposed the language in Section 1 which states "the
Board further states its intent always to take official actions, or to adopt ofcial policies,
that support the public school system... " She felt that was taking away the rights of the
Board of Directors. She referred to letters between Mayor Dailey and ADFA (Arkansas
Development Finance Authority) and said it had been suggested that Director Lichty's
resolution is because of those letters. (Mayor Dailey explained that the request from
Pulaski Academy to the City of Little Rock to use public bonds for purposes of financing
was withdrawn, and apparently Pulaski Academy then made that request to the State to
use that vehicle through ADFA. ADFA then wrote a letter to Mayor Dailey asking what
the City's position is on this issue and Mayor Dailey said we have no position) Director
Lichty said his Resolution does not relate to Pulaski Academy. His feeling was that the
Board should strongly support the Little Rock School District. Upon question by
Director Keck, Director Lichty said his intent was simply to go on record as being a
positive force in support of the Little Rock School District. Mayor Dailey suggested
reworking the words. Director Adcock then moved to amend Section 1 by placing a
period after "grades K -12" and deleting the last four lines. The motion was seconded
by Director Wyrick. Mrs. Ruth Bell, representing the League of Women Voters of
Pulaski County, spoke in support of the Resolution, although she wished it were stronger.
Mr. Baker Kurrus, a member of the Little Rock School Board, thanked the Board for the
Resolution. Director Lichty felt the motion would "gut" the Resolution. The motion to
amend Section 1 failed by the following roll call vote: Ayes - Directors Adcock, Keck,
and Wyrick - total 3; Noes - Directors Kelly, Pugh, Hinton, Lichty, Stewart, Kumpuris,
and Mayor Dailey - total 7; Absent - Director Cazort - total 1. Director Kelly then moved
to adopt the Resolution. The motion was seconded by Director Hinton and the
Resolution was adopted by the following roll call vote: Ayes - Directors Kelly, Pugh,
Hinton, Lichty, Stewart, Kumpuris, and Mayor Dailey - total 7; Noes - Directors Adcock,
and Wyrick - total 2; Abstention - Director Keck; Absent - Director Cazort - total 1.
Item 8 on the Agenda was a discussion of legislation regarding out -of -state
property owners which had been deferred from January 19, 1999 and January 26, 1999.
Director Adcock said "we have waited five years for this" and asked City Attorney Tom
Carpenter if it (out -of -state property owners long arm statute) is finally going to the State
Legislature. Mr. Carpenter stated this arose because there are absentee landlords who do
not live within the state who do not take care of their properties. The City has taken a
very aggressive stance towards the upkeep of rental properties and has a very aggressive
rental inspection program. One of the questions was what do you do about property
owners that do not live within the area where you can get them. We have a Third
Division of Municipal Court that deals with rental inspection violations and other types
of housing code violations. These violations are criminal offenses. There are essentially
two types of ways that a government can regulate: one is to create a set of civil actions;
the other is to create a set of criminal actions. If we want to be able to regulate these
within the jurisdiction of the municipal court, then we go the criminal code violation
route, ordinance violation route; if we wish to make them civil violations, then our
municipal court under our present Constitution loses jurisdiction and we find ourselves
having to go to chancery court or circuit court depending on the nature of the action,
which is not an acceptable course. We wanted to maintain this within municipal court.
Then the question becomes what do you do about the people that aren't here. "Long -arm
6
382
Minutes
February 2, 1999
jurisdiction" is a legal term that refers to the ability of a jurisdiction to hail somebody into
court who is not physically present all the time within the jurisdiction of that court, and
applies only to civil cases. Criminal cases require the presence of the person before court
and the only way you can get them before court if they live in another state is to extradite
them. Extradition is expensive and takes a lot of time. What we tried to do in 1997 was
to make the property manager responsible, but there was a tremendous backlash. Mayor
Dailey asked if there are things we can do right now under authority as outlined by Mr.
Carpenter and the Attorney General that would creatively move these issues forward?
Mr. Carney said the key is money - if we had the appropriate court authority to act, do we
want to use public funds to take corrective action. In conclusion, Mayor Dailey said he
would like to get the legislation drafted and try to move it forward.
At 10:20 o'clock P.M. City Manager Cy Carney gave his Activity and Project
Report, which included more details about the "Building a Better Little Rock" tax
proposal, particularly related to past projects; and the legislative report update.
Director Keck expressed concern about the street sweepers working in residential
neighborhoods, stating 5:15 A.M. is too early. In response to a concern of Director
Wyrick, City Manager Cy Carney said we do not have an appropriate regulatory
Ordinance to prohibit dumpsters being picked up before 7:00 A.M. in residential areas.
There being no further business to be presented, the Board of Directors adjourned
at 10:30 o'clock P.M. to meet again in regular session on Tuesday, February 16, 1999 at
6:00 o'clock P.M.
ATTEST:
City Clerk Robbie Hancock
APPROVED:
,n 4
ayor Jim Dailey