HomeMy WebLinkAbout03-16-99404
Board of Directors Room
City Hall - 500 W Markham
Little Rock, Arkansas
March 16, 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, Cazort, Keck,
Stewart, Kelly, and Adcock - total 8; Absent - Directors Wyrick 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 Pugh, followed by the Pledge of
Allegiance.
(Directors Wyrick and Kumpuris enrolled at 6:05 o'clock P.M.)
Director Adcock moved to add to the Agenda the two items listed on the Agenda
Modifications, as well as Director Lichty's Option C related to the proposed Sales and
Use Tax Election. The motion was seconded by Director Keck and unanimously
adopted. (See Ordinances No. 17,963 and No. 17,964 below)
Mayor Dailey announced that the presentation by the Arkansas School for the
Deaf had been deferred.
Mr. Bill Shoal, on behalf of the Federal Home Loan Bank of Dallas, presented a
check in the amount of $384,000 to the City of Little Rock to be used for limited home
improvement grants in low and moderate income areas throughout the City of Little
Rock. Metropolitan National Bank and Pulaski Bank and Trust will process the
applications.
Consideration was then given to the Consent Agenda which consisted of the
following:
(1) Approval of the Minutes of the Board of Directors regular meetings held
November 17, 1998, and December 1, 1998.
(2) Resolution No. 10,493, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE THE ALLEY IN BLOCK 4 OF
MCGEHEE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (April
6, 1999.)
(3) Resolution No. 10,494, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO CONTRACTS WITH FLETCHER -TATE FORD AND LITTLE
ROCK DODGE FOR PURCHASE OF SIXTEEN (16) LIGHT DUTY
REPLACEMENT VEHICLES FOR VARIOUS CITY DEPARTMENTS.
(4) Resolution No. 10,495, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH ARKANSAS DEPARTMENT OF HEALTH,
BUREAU OF ALCOHOL AND DRUG ABUSE PREVENTION, TO PROVIDE
ADULT RESIDENTIAL SUBSTANCE ABUSE TREATMENT SERVICES IN
1999; AND FOR OTHER PURPOSES.
(5) Resolution No. 10,496 entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
AWARD A CONTRACT WITH METROPOLITAN NATIONAL BANK FOR
THE CITY'S BANKING SERVICES FOR THE YEARS 1999 AND 2000.
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(6) Resolution No. 10,497, described as:
A RESOLUTION SETTING THE DATE FOR A PUBLIC
HEARING OF THE ISSUANCE OF CITY OF LITTLE ROCK AIRPORT
REVENUE BONDS, SERIES 1999, IN AN AMOUNT NOT TO EXCEED
$17,000,000 FOR THE PURPOSE OF FINANCING THE DESIGN,
ACQUISITION, CONSTRUCTION AND EQUIPPING OF VARIOUS
ADMINISTRATIVE, PARKING, ROAD, ACCESS AND OTHER CAPITAL
IMPROVEMENTS AT LITTLE ROCK NATIONAL AIRPORT, AND FOR
OTHER PURPOSES. (April 13, 1999.)
(7) Resolution No. 10,498, with the title being:
A RESOLUTION TO RATIFY PARKING LEASES BETWEEN
THE LITTLE ROCK ADVERTISING AND PROMOTION COMMISSION AND
M.S. GREEN- LITTLE ROCK CORPORATION, AND FOR OTHER PURPOSES.
(North Parking Deck at 2nd and Main Streets and parking lot on the East 112 of Block 3,
Original City of Little Rock.)
(8) Resolution No. 10,499, entitled:
A RESOLUTION TO ENDORSE LEGISLATION THAT
REQUIRES THE COLLECTION OF GROSS RECEIPTS AND
COMPENSATING USE TAXES ON SALES MADE THROUGH THE
INTERNET; AND FOR OTHER PURPOSES.
Upon a motion and second by Directors Adcock and Hinton, respectively, the Consent
Agenda was adopted by unanimous voice vote.
Introduced next was Ordinance No. 17,956, with the title being:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
HEIGHTS HILLCREST PLANNING DISTRICT FROM OFFICE AND MULTI
FAMILY TO MIXED, SINGLE FAMILY, MULTI FAMILY AND OFFICE, AN
FOR OTHER PURPOSES; (LU99 -04 -01 - Area bounded by University, Markham,
Woodlawn, and Taylor Streets.)
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 the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 11; Noes - None; Absent -
None. Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,957, entitled:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
65TH STREET WEST PLANNING DISTRICT FROM SINGLE FAMILY TO
SERVICE TRADES DISTRICT AND PARK/OPEN SPACE; AND FOR OTHER
PURPOSES; (LU99 -11 -01 - Located on the west /northwest corner of Stagecoach and
Shackleford Roads.)
and the Ordinance was read the first time. Mr. Jim Lawson, Director of Planning and
Development, explained the reason for staff denial, stating that staff felt if there is a
change it should include a larger area. Mr. Lawson assured Director Adcock that the
Pecan Lake Neighborhood Association was notified of the proposed change. Mr. Harold
Joiner and Mr. Micky McGill, applicants, spoke in support of the request. 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 the question, Shall the
Ordinance Pass, with the vote recorded as follows: Ayes - Directors Pugh, Hinton,
Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey -
total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED
Consideration was then given to Resolution No. 10,500, described as:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS IN SUPPORT OF THE DOWNTOWN
NEIGHBORHOODS PLAN FOR THE FUTURE. (Area Roosevelt Road to 1 -630
and Martin Luther King Drive to 1 -30.)
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Following the reading of the Resolution, Mrs. Kathy Wells, Chair of the Downtown
Neighborhoods Plan for the Future Committee, read a prepared statement in support of
the Plan, stating this is the culmination of more than 18 months of meetings, research and
discussion. Director Adcock thought this item and the following five items were
supposed to go back to the Planning Commission for review as discussed at the Agenda
Meeting. She also said the Community Housing Board would like the opportunity to
look at this because it speaks of design overlay. Director Lichty said that the Chair of the
Little Rock Planning Commission had told him he felt the Planning Commission should
look at these items again (referring to the proposed changes to the Central City District
LUP - Items 12 -15.) Director Lichty then commended Mrs. Wells and the Committee for
the Downtown Neighborhood Plan; however, he did have some concerns. He said these
things cost money and he hoped the committee had figured out how to pay for them. He
did not want anything in the Plan to supersede anything already in place. Director
Wyrick wanted to know what determines if something is sent back to the Planning
Commission. Can one person on the Planning Commission under the auspices of
President, speak for the whole Planning Commission? Mayor Dailey responded that it is
up to the Board of Directors. City Attorney Tom Carpenter noted that the Board is
adopting a vision, but that vision doesn't become a total reality until the Board piece by
piece adopts any Ordinances required. Mrs. Wells was upset with the discussion to send
the Plan and other items back to the Planning Commission. Director Stewart moved to
have more discussion before sending this back to the Planning Commission. Director
Kumpuris asked if Mr. Lawson thought something positive could come of sending this
back to the Planning Commission. Mr. Lawson said staff is in the process of working on
the Design Overlay District (DOD) and will have to contact all of the property owners, so
it will take a while to work through it. If it is sent back to the Planning Commission, he
will ask if anyone has a concern with it. Responding to a question by Director Cazort,
Mr. Lawson said adopting the Plan doesn't mean the DOD is automatically adopted.
Director Kumpuris said he was amazed that the Board is discussing sending this back to
the Planning Commission, when the Planning Commission voted ten to zero to approve
it. All we are doing is saying we think you have made some bold statements, do your
DOD and work with the Planning Commission, and then come to the Board of Directors
for approval of the DOD. He them moved for adoption of the Resolution. The motion
was seconded by Director Stewart, and the Resolution was unanimously adopted.
Referring to Items 12 -16, Director Lichty said he brought these four items to the
attention of the Chairman of the Planning Commission because of his concern of the wide
geographical area that would be impacted, but it was the Planning Commission that asked
that they be sent back Director Lichty then moved to send Items 12 through 16 back to
the Planning Commission, and the motion was seconded by Director Kelly. Mrs. Pam
Adcock, a member of the Planning Commission, stated the Planning Commission as a
whole has not discussed this as far as bringing it back before the Commission. Mr.
Townsend Wolfe, Executive Director of the Arkansas Arts Center and a resident of
downtown Little Rock for 31 years, said he wanted to live downtown because he believed
in a diverse neighborhood. He said he was definitely opposed to the restrictions of the
Plan. A roll call vote was then taken on the motion to send Items 12 -16 back to the
Planning Commission as follows: Ayes - Directors Pugh, Lichty, Cazort, Keck,
Kumpuris, Kelly, Adcock, and Mayor Dailey - total 8; Noes- Directors Hinton, Stewart,
and Wyrick - total 3. Upon adoption of the motion, the following items were sent back
to the Planning Commission to be returned to the Board of Directors in three weeks:
(12) AN ORDINANCE TO AMEND THE LAND USE PLAN
(16,222) IN THE CENTRAL CITY DISTRICT FROM
MULTIFAMILY TO LOW DENSITY RESIDENTIAL BETWEEN
13TH AND 15TH STREETS, STATE AND BROADWAY; AND FOR
OTHER PURPOSES.
(13) AN ORDINANCE TO AMEND THE LAND USE PLAN
(16,222) IN THE CENTRAL CITY DISTRICT FROM MIXED USE
TO LOW DENSITY RESIDENTIAL BETWEEN 15TH STREET
AND I -630, PARK LANE AND ROCK STREET; AND FOR OTHER
PURPOSES.
14) AN ORDINANCE TO AMEND THE LAND USE PLAN
(16,222) IN THE CENTRAL CITY DISTRICT FROM SINGLE
FAMILY TO COMMERCIAL BETWEEN 17TH AND 19TH
STREETS, EAST OF SCOTT STREET; AND FOR OTHER
PURPOSES.
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March 16, 1999
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(15) AN ORDINANCE TO AMEND THE LAND USE PLAN
(16,222) IN THE CENTRAL CITY DISTRICT FROM
COMMERCIAL, PUBLIC INSTITUTIONAL AND LOW DENSITY
RESIDENTIAL TO MIXED USE BETWEEN 14TH STREET AND
I -630, ALONG SCOTT STREET; AND FOR OTHER PURPOSES.
(16) AN ORDINANCE RECLASSIFYING PROPERTY IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36
OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE
ROCK, ARKANSAS, AND FOR OTHER PURPOSES.
(Z-3711-A; Z -6615; Z -6616; Z -6617; Z -6618 - To rezone various
properties along the eastern boundary of the Governor's Mansion area
and southern boundary of the MacArthur Park area from 11R -5" Urban
Residential to "R -4" Two Family Residential; and the area along East
21st Street between Park Lane and Cumberland from "C -3" General
Commercial to "R -4" Two Family Residential.)
Consideration was then given to Ordinance No. 17,958, described as:
AN ORDINANCE TO AMEND THE MASTER STREET PLAN (15,519)
FOR KANIS ROAD FROM CHENAL PARKWAY TO BOWMAN ROAD, AND
FOR OTHER PURPOSES;
and the Ordinance was read the second time, having been read the first time on March 2,
1999. Mr. Bob Wilson said he understood there are three alternatives before the Board
and he wanted to know which was being considered. Alternate 1 is an enhanced two lane
roadway funded by property owners as land develops. Alternate 2 is a four lane divided
roadway, with the City participating in the funding. Alternate 3 is a four lane divided
roadway with no recommended funding. He was supportive of Alternate 1. Mr. Ramsey
Ball, who has a proposed development on Point West Drive and Kanis, spoke in support
of the two lane enhanced roadway and he would dedicate the right -of -way. Mrs. Ruth
Bell, representing the League of Women Voters of Pulaski County, said the League
supports the two lane enhanced roadway or the four lane with median and bikeways to be
built with City funds primarily. Director Keck said if we do nothing, it is a five lane road
the entire way. He suggested amending the Ordinance making the Master Street Plan a
divided four lane and then discussion of the construction would be subsequent to the
results of the tax proposal. He then moved to suspend the rules and place the Ordinance
on third and final reading. The motion was seconded by Director Adcock and
unanimously adopted. The Ordinance (Alternate 3) was read the third and last time.
Public Works Director Chandra Waller explained the recommendation from the Planning
Commission was that if the property owners are to construct Kanis without any City
funds, the Commission would support a two lane enhanced roadway. If the City were to
contribute the difference between the two lane enhanced and the four lane divided, the
Commission would recommend the four lane divided. Alternate 3 recommends the four
lane divided and does not include funding. Never has the Master Street Plan been tied to
funding. Staff is very concerned that as people continue to develop the corridor, they
would be required to build five lanes as of today, which is not the recommendation of the
Planning Commission nor staff. There was a roll call vote on passage of the Ordinance
with the vote recorded as follows: Ayes - Directors Pugh, Hinton, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 10; Noes - Director Lichty -
total 1; Absent - None. Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,959, with the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF MASTER STREET PLAN RIGHT -OF -WAY
REQUIREMENTS FOR HARVEST FOODS (S -1236) LOCATED AT 2510
CANTRELL ROAD.
— (Note: Ordinance as read the first time on March 2, 1999, and listed on the Agenda
provided for waiver of sidewalk construction) Before the second reading of the
Ordinance, City Manager Cy Carney noted that an agreement had been reached that
Harvest Foods will construct the sidewalk and the City will grant a waiver of the right -of-
way dedication requirement at both locations - on Cantrell Road and on Asher Avenue
(see Ordinance No. 17,960 below). Whereupon, Director Adcock moved to amend the
Ordinance to provide for a waiver of right -of -way requirements only. The motion
was seconded by Director Hinton and unanimously adopted. The Ordinance, as
amended, was then read the second time, having been read the first time on March 2,
1999. The rules were suspended to provide for the third and final reading of the
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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 Pugh, Hinton, Lichty, Cazort,
Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 11; Noes -
None; Absent - None. Whereupon, the Ordinance was declared PASSED.
(Directors Kumpuris and Adcock were excused at 7:20 o'clock P.M.)
The next presentation was Ordinance No. 17,960, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF MASTER STREET PLAN RIGHT -OF -WAY
REQUIREMENTS FOR HARVEST FOODS (S -1237) LOCATED AT 6800 ASHER
AVENUE;
and the Ordinance was read the first time. (Waiver of sidewalk construction was deleted
before Ordinance was read. See comments by City Manager Cy Carney related to
Ordinance No. 17,959 above) The rules were suspended to provide for the second and
third readings of the Ordinance by unanimous vote of the Board Members present, being
nine 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 Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kelly,
and Mayor Dailey - total 9; Noes - None; Absent - Directors Kumpuris and Adcock - total
2. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,961, described as:
AN ORDINANCE TO PROVIDE TEMPORARY RELIEF FROM
CERTAIN PROVISIONS OF CHAPTER 30 OF THE LITTLE ROCK, ARK.,
REV. CODE (1988) TO AREAS DAMAGED BY THE JANUARY 21, 1999
TORNADO; 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 of the Ordinance by unanimous vote of the Board Members
present, being nine 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 Pugh, Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kelly, and Mayor Dailey - total 9; Noes - None; Absent - Directors Kumpuris
and Adcock - total 2.
The Emergency Clause contained in Section 4 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Pugh, Hinton, Lichty,
Cazort, Keck, Stewart, Wyrick, Kelly, and Mayor Dailey - total 9; Noes - None; Absent -
Directors Kumpuris and Adcock - total 2. Whereupon, the Ordinance, together with
the Emergency Clause, was declared PASSED.
Introduced next was Ordinance No. 17,962, with the title being:
AN ORDINANCE APPROPRIATING FUNDS FOR STREET AN
DRAINAGE IMPROVEMENTS ON FAIR PARK, ASHER TO 30TH STREET, A
CAPITAL IMPROVEMENT BOND PROJECT;
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 nine 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 Pugh, Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kelly, and Mayor Dailey - total 9; Noes - None; Absent - Directors Kumpuris
and Adcock - total 2. Whereupon, the Ordinance was declared PASSED.
Item 25 on the Agenda was a proposed Ordinance described as:
AN ORDINNCE TO AMEND LITTLE ROCK, ARK. REV. CODE
SECTION 18 -52 (1988) TO LIMIT THE HOURS OF COMMERCIAL GARBAGE
PICKUP WITHOUT VIOLATION OF THE CITY NOISE ORDINANCE; TO
DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
The Ordinance was read the first time, and left on the calendar for second reading on
April 6,1999.
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The next presentation was Ordinance No. 17,963, entitled:
AN ORDINANCE TO AMEND CHAPTER 36 OF THE LITTLE ROCK,
ARKANSAS CODE OF ORDINANCES TO MODIFY LANGUAGES WITHIN
SECTION 36 -67 FOR THE PURPOSE OF REVISING THE MEMBERSHIP OF
THE BOARD OF ZONING ADJUSTMENT;
(To change sign industry representative to at -large position.)
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 nine 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 Pugh, Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kelly, and Mayor Dailey - total 9; Noes - None; Absent - Directors Kumpuris
and Adcock - total 2. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,964, described as:
AN ORDINANCE AWARDING A CONTRACT TO ARGENBRIGHT
SECURITY TO PROVIDE SECURITY SERVICES FOR THE MUNICIPAL
COURTS BUILDING; APPROPRIATING FUNDS; DECLARING AN
EMERGENCY; AND 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 nine 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 Pugh, Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kelly, and Mayor Dailey - total 9; Noes - None; Absent - Directors Kumpuris
and Adcock - total 2.
The Emergency Clause contained in Section 3 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Pugh, Hinton, Lichty,
Cazort, Keck, Stewart, Wyrick, Kelly, and Mayor Dailey - total 9; Noes - None; Absent -
Directors Kumpuris and Adcock - total 2. Whereupon, the Ordinance, together with
the Emergency Clause, was declared PASSED.
(Directors Kumpuris and Adcock re- enrolled at 7:30 o'clock P.M.)
A public hearing had been scheduled for this time and place by Resolution No.
10,482, adopted March 2, 1999, on the adoption of sewer use modifications for Little
Rock Wastewater Utility. Notice of the public hearing was duly published in the
Arkansas Democrat Gazette on March 5, 1999. Mayor Dailey declared the public hearing
open at 7:30 o'clock P.M. No one was present who wished to speak on the issue. Mayor
Dailey closed the public hearing and Ordinance No. 17,965 was introduced, with the title
being:
AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SEWERS, PRIVATE SEWAGE DISPOSAL, THE INSTALLATION,
CONSTRUCTION, MAINTENANCE, AN CONNECTION OF BUILDING
SEWERS; THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC
SEWER SYSTEM; PROVIDING PENALTIES FOR THE VIOLATION
THEREOF; REPEALING ALL ORDINANCES AND PROVISIONS THEREOF
IN CONFLICT THEREWITH INCLUDING ARTICLES I, II, III, IV, V, X, XI,
AND XII OF ORDINANCE NO. 15,344, PASSED ON SEPTEMBER 1, 1987; AND
FOR OTHER PURPOSES, ALL PERTAINING TO THE SEWER LINES AND
SYSTEM WITHIN THE JURISDICTION OF THE CITY OF LITTLE ROCK,
ARKANSAS, AND DECLARING AN EMERGENCY; (Little Rock Wastewater
Utility sewer use modifications.)
_ and the Ordinance was read the first time. At the request of Director Kelly, Mr. Reggie
Corbitt, Manager of Little Rock Wastewater Utility, explained the two related Items 22
and 23 (Ordinances No. 17,965 and 17, 966). He said the 1987 ordinance combines the
sewer use ordinance and the industrial pretreatment ordinance. The Utility is required to
update the industrial sewer pretreatment ordinance periodically. You are required to have
an industrial pretreatment ordinance if you have ever accepted federal money into a sewer
system. Item 23 updates the industrial pretreatment ordinance. Item 22 simply restates
what is in the 1987 ordinance in a separate ordinance so that when the industrial
pretreatment has to be updated the whole thing won't have to be rewritten. What is being
changed in the pretreatment ordinance is that EPA requires that we have a civil penalty
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for violation of federal EPA industrial pretreatment standards. We have not had that in
the previous ordinances. The rules were then 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 the question, Shall the Ordinance Pass, with the vote recorded
as follows: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick,
Kumpuris, Kelly, Adcock and Mayor Dailey - total 11; Noes - None; Absent - None.
The Emergency Clause contained in Section 12 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Pugh, Hinton, Lichty,
Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 11;
Noes - None; Absent - None. Whereupon, the Ordinance, together with the
Emergency Clause, was declared PASSED.
A public hearing had been scheduled for this time and place by Resolution No.
10,482, adopted March 2, 1999, on the adoption of a pretreatment ordinance for Little
Rock Wastewater Utility. Notice of the public hearing was duly published in the
Arkansas Democrat Gazette on March 5, 1999. Mayor Dailey declared the public open at
7:32 o'clock P.M. No one was present who wished to speak on the issue. Mayor Dailey
closed the public hearing and Ordinance No. 17,966 was presented, with the title being:
AN ORDINANCE REGULATING THE DISCHARGE OF INDUSTRIAL
WASTEWATER TO THE PUBLIC SEWER SYSTEM, PROVIDING PENALTIES
FOR THE VIOLATION THEREOF, REPEALING ALL ORDINANCES OR
PARTS THEREOF IN CONFLICT THEREWITH CONSISTING OF ARTICLES
VI, VII, VIII, AND IX OF ORDINANCE NO. 15,344 PASSED SEPTEMBER 1,
1987, AND FOR OTHER PURPOSES, ALL PERTAINING TO THE SEWER
LINES AND SYSTEM WITHIN THE JURISDICTION OF THE CITY OF
LITTLE ROCK, ARKANSAS, AND DECLARING AN EMERGENCY; (Little
Rock Wastewater Utility sewer pretreatment modifications.)
and the Ordinance was read the first time. (See above comments by Mr. Reggie Corbitt,
Manager of Little Rock Wastewater Utility, related to Ordinances No. 17,965 and
17, 966.) 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 the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes -
Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly,
Adcock and Mayor Dailey - total 11; Noes - None; Absent - None.
The Emergency Clause contained in Section 18 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Pugh, Hinton, Lichty,
Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 11;
Noes - None; Absent - None. Whereupon, the Ordinance, together with the
Emergency Clause, was declared PASSED.
At 7:40 o'clock P.M. Mayor Dailey declared a ten minute recess. The Board of
Directors reconvened at 7:55 o'clock P.M. with Mayor Dailey presiding and all Directors
present.
Item 24 on the Agenda was a proposed Resolution entitled: "A
RESOLUTION TO DISCOURAGE THE USE OF PUBLIC FUNDS OF ANY
KIND FOR THE BENEFIT OF PRIVATE K -12 EDUCATION FACILITIES IN
THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES"
which had been deferred from March 2, 1999. Director Lichty said he had been contacted
by the President of the Little Rock School District, who has indicated that in the interest
of the preservation of goodwill between the Little Rock School District and the all private
schools in the City of Little Rock, he would like for Director Lichty to withdraw the
proposed Resolution. However, their position has not changed; they are adamantly
against public financing for private education. Director Lichty said his intention was to
be supportive of the Little Rock School District. He then moved to withdraw the
proposed Resolution. The motion was seconded by Director Kelly and unanimously
adopted. Therefore, Item 24 was withdrawn from the Agenda.
Items 26, 27 and Director Lichty's Option C (27 -a) on the Agenda all related to
the Sales and Use Tax Election Proposal (Mayor Dailey's plan "Building a Better Little
Rock for the New Millennium "). Mayor Dailey asked each sponsoring Director to
explain his proposal.
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(26) A RESOLUTION APPROVING SALES AND USE TAX
OPTION A (3/4 CENT FIVE (5) YEAR CAPITAL
IMPROVEMENTS PLAN AND 1/4 CENT FOR OPERATIONS);
AND DIRECTING THE CITY ATTORNEY TO PREPARE THE
NECESSARY ORDINANCES TO CALL A SPECIAL ELECTION.
(Director Keck's proposal.)
(27) A RESOLUTION APPROVING SALES AND USE TAX
OPTION B (1/2 CENT FIVE (5) YEAR CAPITAL
IMPROVEMENTS PLAN) AND DIRECTING THE CITY
ATTORNEY TO PREPARE THE NECESSARY ORDINANCES TO
CALL A SPECIAL ELECTION. (Director Kelly's proposal.)
(27 -a) BALLOT ISSUE #1 - 1/2 CENT TAX FOR FIVE YEARS TO
FUND $100,000,000 OF INFRASTRUCTURE IMPROVEMENTS
AND INCLUDE $1,000,000 FOR TORNADO RELIEF; and
BALLOT ISSUE #2 - 1/2 CENT TAX AS FOLLOWS: 1/4 CENT
FOR FIVE YEARS TO FUND REMAINING $50,000,000 IN
CAPITAL IMPROVEMENTS; 1/4 CENT PERPETUAL TAX TO
FUND $10,000,000 FOR ANNUAL OPERATIONS, WHICH COULD
INCLUDE A FUTURE INFRASTRUCTURE RESERVE
INCLUDED IN MICHAEL KECK'S PROPOSAL. (Director Lichty's
proposal.)
Director Kelly said his proposal (Item 27) of 1/2 cent for capital improvements for five
years would raise $100 million of which $1,000,000 would be for relief for tornado
victims. The remaining dollars would go for infrastructure projects spread out across the
wards. The smaller package was more likely to receive support of the people. Director
Lichty said his proposal (Item 27 -a) was based on the recent Library tax issue which was
split - one passed and one failed. His proposal would be split one for infrastructure and
tornado relief only, and one for the remaining capital projects plus the annual operating
revenue required to fund them. In so doing we would at least give the public an
opportunity to vote on everything, but avoid linking everything together, which might
result in defeat of everything. If we only have one issue we deny the citizens the
opportunity to at least vote on the other part. He also felt we need to concentrate on
infrastructure. Director Keck said he proposed to bring to the voters a 3/4 cent tax for
five years for capital improvements and a 1/4 cent tax for operations. He proposed that
$105,000,000 of the capital improvements be dedicated to infrastructure projects
mentioned in specific wards as well as funds set aside for the leverage match for TIP
projects, curb ramps and sidewalks. A portion of what was initially proposed by the
Mayor would be placed in operations as a permanent source of funding for resurfacing,
drainage improvements, and sidewalk rehabilitation. He proposed that $14,000,000 be
spent for housing and historic preservation, dedicating a million dollars of that for the
tornado damaged area. He also proposed $9 million for Zoo improvements. Amend the
Mayor's Plan and put $11.6 million for park improvements, and community center
enhancements and refurbishment, and the construction of a new community center in the
John Barrow Neighborhood. Since we are in desperate need of a regional sports complex
for soccer, baseball and softball, he proposed $4 million for a regional sports complex.
His proposal of $149,875,000 for capital improvements also included $500,000 for
Animal Services, $2,250,000 for fire stations, and $3,500,000 fire trucks. The 1/4 cent
operating tax would be $9,300,000 for infrastructure ($2,050,000), Zoo operations
($2,000,000), Community Center operations ($850,000), fire station ($500,000), Animal
Services ($200,000), neighborhood grants ($250,000), economic development
($1,200,000), PIT ($1,000,000), and Little Rock cultural institutions ($1,250,000).
Citizens speaking on the tax proposal were Betty Snyder, Carol Rudd, Jim Lynch,
Townsend Wolfe, Jon Dodson, Renay Dean, Norma Walker, and Vicky Jacoby.
Mrs. Snyder spoke in support of Director Keck's proposal and thanked him for including
the John Barrow Community Center in his proposal. Ms. Rudd, vice president of the
John Barrow Neighborhood Association, supported Director Keck's proposal for the John
Barrow Community Center. Mr. Lynch, co -chair of the Little Rock New Party, speaking
about accountability, said that before the November, 1998, election there was no
discussion of a permanent tax increase, yet before the newly elected officials reached
their seats on January 2, 1999, there was talk of a permanent tax increase. Focusing on
operations, Mr. Lynch said we have tons of infrastructure needs, and he thought a half
cent tax for five years with a sunset clause was a responsible proposal, but something is
wrong with the process. He concluded by stating the annual operating tax is unjustified
and ought to be rejected. Mr. Wolfe, Director of the Arkansas Arts Center, said he would
support any of the proposals, but he liked Director Keck's proposal best. Mr. Dodson
spoke in support of Director Keck's proposal. Ms. Dean, Chair of the Board of Trustees
of the Museum of Discovery, spoke in support of the entire 1% tax package. Mrs.
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March 16, 1999
Norma Walker, President of the John Barrow Neighborhood Association, presented a
list of 100 signatures in support of the Community Center, and spoke in support of
Director Keck's proposal. Ms. Jacoby, President of the Board of Directors of the
Children's Museum, spoke in support of Director Keck's proposal. City Attorney Tom
Carpenter responded to questions by the Board as to the ballot titles and how many issues
would be on the ballot. Mr. Carpenter said when he has a full understanding of what the
Board wants, then he can prepare ballot titles. In relation to the location of a regional
sports complex, Director Keck suggested an area west of I -430, north of Colonel Glenn
Road, and south of the Arkansas River. Following the lengthy discussion, Director Keck
asked that his Resolution (Item 26) be read. Whereupon, Resolution No. 10,501 was
presented, with the title being:
A RESOLUTION APPROVING SALES AND USE TAX OPTION A (3/4
CENT FIVE (5) YEAR CAPITAL IMPROVEMENTS PLAN AND 1/4 CENT FOR
OPERATIONS); AND DIRECTING THE CITY ATTORNEY TO PREPARE THE
NECESSARY ORDINANCES TO CALL A SPECIAL ELECTION.
Following the reading of the Resolution, Director Cazort moved for its adoption and the
motion was seconded by Director Keck. A roll call vote was taken as follows: Ayes -
Directors Pugh, Hinton, Cazort, Keck, Stewart, Kumpuris, Adcock, and Mayor Dailey -
total 8; Noes - Directors Lichty, Wyrick, and Kelly - total 3. Whereupon, Mayor Dailey
announced that the Resolution was adopted. (Director Lichty moved to accept the
Resolution by acclamation. The motion was seconded by Director Cazort. There was a
voice vote of 9 ayes and 2 noes (Directors Wyrick and Kelly). Therefore, the Resolution
was not accepted by acclamation.) Due to the adoption of Option A, no action was
taken on Options B and C (Items 27 and 27a).
Item 28 on the Agenda was a discussion of the traffic calming policy in the City
of Little Rock. Public Works Director Chandra Wallar reported that to date the City has
installed 103 speed humps at a cost of $206,000, an average of about $2,000 each. Some
of the more recent speed humps cost about $2,500 to give adequate warning to the
motoring public. Prior to the January 21, 1999 moratorium, there were 36 locations for
speed humps requested. Of these, 32 streets meet the current criteria for speed hump
installation and four do not. 24 speed humps on 12 streets have been approved and
markings are in place; 20 additional streets have been approved but locations are not
marked; these streets would require approximately 40 -50 speed humps. The total pipe
line projects in effect as of January 21, 1999, would be about 70 -75 speed humps to be
installed. In response to Director Kelly's question as to why Amherst was not on the list,
Mrs. Waller reported that a traffic count of 500 vehicles per day did not meet the traffic
volume criteria. Following the discussion, Director Cazort moved to direct staff to
complete speed humps for the first 20 streets on the list. The motion was seconded by
Director Adcock. Director Kumpuris asked Mrs. Waller to come back by the time these
are done with a set policy and the number of speed humps to be done per year and the
new criteria. Director Kelly wanted to be sure the speed humps are doing what they are
intended to do. Mrs. Sheila Hornibrook, 7310 Amherst Street, said she had her petition
for the speed humps at the January 21, 1999 Board Meeting, and she has added more
signatures to it. She reviewed the items on the list of requirements. She was told that
Amherst was in the pipeline and now she is told that it is not, that Amherst is not even on
the list. Director Keck said his understanding was that the Board had agreed that
Amherst would be on the list. Director Keck then moved to amend Director Cazort's
motion to include Amherst on the list of streets for speed humps. The motion was
seconded by Director Cazort and unanimously adopted. Director Cazorts motion, as
amended, was then adopted by a unanimous voice vote.
At 9:40 o'clock P.M. City Manager Cy Carney gave his Activity and Project
Report, which consisted of the following: right -of -way problem identification plan;
House Bill 2230 and Senate Bill 898 regarding the Pulaski County Jail; proposed
Constitutional Amendments for 2000; Public Works projects in CDBG areas; and
Broadband Consultant report.
(Director Stewart was excused at 9:45 o'clock P.M.)
At the time allotted for Citizen Communications, Mrs. Kathy Wells, president
of the Downtown Neighborhood Association, was the only speaker. She presented
five questions the Association wanted answered. (1) Clarify what Chief Planner Jim
Lawson would be writing owners about the proposed Design Overlay District, since it
has not been written yet. (2) What is the status of the absentee owners accountability
ordinance. When it was pulled from the legislative agenda and reverted to being an
Ordinance, it disappeared from the screen. (3) The condemnation ordinance from a
week ago, was it enacted or is it simply to come, because there are two addresses still on
the list that need to come off - one at 2404 Gaines that is still occupied by a family -
Minutes
March 16, 1999
please don't condemn the family; and the other is 2222 Gaines which is a salvageable
property. (4) She was concerned about the proposal to hire a consultant with the
$125,000 Economic Development Grant. She felt that was not the best use of the money
and asked the Board to hold off on that. (5) She was concerned about elevating the
importance of the Disaster Rebuild Team. The Association would like for Mayor
Dailey to preside and would like to see other Board Members beyond Director Pugh
(Ward 1) in attendance and that the Team meet weekly. The Association would also like
to see the Reconstruction Czar that has been suggested - a person of high rank well
known in the community. City Attorney Tom Carpenter said the ordinance dealing with
the property owners (to which Mrs. Wells referred) has been circulated to the various
involved City departments. As soon as the comments are received, he will finalize the
ordinance. As to the structures on the condemnation list, there was a special provision
with a special notice which gave the enforcement department the ability to
administratively remove them from the list and the Board would follow up with a
Resolution.
At 9:48 o'clock P.M. the Board of Directors recessed to Executive Session to
consider appointments to various Boards and Commissions. The Board of Directors
reconvened at 10:15 o'clock P.M. with Mayor Dailey presiding and Directors Wyrick,
Keck, Cazort, Kelly and Pugh present.
Consideration was then given to Resolution No. 10,502, entitled:
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS
TO THE BOARD OF ADJUSTMENT, CITY BEAUTIFUL COMMISSION, CIVIL
SERVICE COMMISSION, CONSTRUCTION BOARD OF ADJUSTMENT AND
APPEALS, EDUCATION COMMISSION, MACARTHUR MILITARY HISTORY
COMMISSION, AND THE RACIAL AND CULTURAL DIVERSITY
COMMISSION.
(Board of Adjustment - Norm Floyd and Fred Gray; City Beautiful - Ralph Desmarais,
Civil Service - Barbara Harvel and Patricia Hays; Construction Board of Adjustment
& Appeals - Douglas F. Brown; Domestic Violence - Michelle Coleman and Dr. Erma
Ruth Wood, Education - Sue Strickland and Kathy Stegall, MacArthur Military
History Museum - Claude Carpenter, Don Hamilton, Douglas MacArthur Jones,
Linda Joyce, Craig Rains, Walter Sims, Joe Volpe, Milton Crenshaw, Chip Culpepper,
II, Michael Croy, Nolan Simmons, and Sherman Smith; Racial & Cultural Diversity -
Robert DeGostin, Jr. and Carolyn Palmer.)
Following the reading of the Resolution, Director Keck moved for its adoption. The
motion was seconded by Director Cazort, and the Resolution was unanimously adopted
by the Board Members present.
There being no further business to be considered the Board of Directors recessed
at 10:20 o'clock P.M. to reconvene at 4:00 o'clock P.M. on Tuesday, March 30, 1999, to
consider an Ordinance calling the election on the sales tax proposal.
ATTEST
k4.ao e.,L
City Clerk Robbie Hancock
10
APPROVED:
tayo4rJi'm'DailJey
413
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