HomeMy WebLinkAbout06-15-99474
Board of Directors
City Hall - 500 W. Markham
Little Rock, Arkansas
June 15, 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, Lichty, Cazort, Keck, Stewart,
Wyrick, and Kelly - total 7; Absent - Directors Hinton, Kumpuris, and Adcock - total 3.
With a quorum present, Mayor Jim Dailey declared the Board of Directors in
session and the proceedings of the meetings are recorded as follows.
The Invocation was given by Director Stewart, followed by the Pledge of
Allegiance.
(Directors Hinton and Adcock enrolled at 6:02 o'clock P.M.)
Mayor Dailey noted that Item 25 on the Agenda had been revised to reflect the
Workers Compensation third party administration services would be handled by Risk
Management Resources instead of Claims Management Service, and that the Resolution
was deferred until July 6, 1999. Therefore, no action was taken on the following:
(25) A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH RISK MANAGEMENT
RESOURCES TO PROVIDE THIRD PARTY ADMINISTRATION
SERVICES FOR THE CITY'S WORKERS' COMPENSATION
PROGRAM FOR A ONE YEAR PERIOD EFFECTIVE JULY 1,
1999.
Director Cazort moved to add to the Agenda Items 1 through 5 on the Agenda
Modifications, with Items 1 and 5 to be included in the Consent Agenda. The motion
was seconded by Director Keck and unanimously adopted. (See Resolution No. 10,575
and Ordinances No. 18,035, 18,036 and 18,03 7 below)
As noted on the Agenda Modifications, the following items were deferred as
requested:
The National Zoo Month Proclamation was deferred until July 6, 1999.
11. AN ORDINANCE REVOKING ORDINANCE NO. 16,842 AND
ORDINANCE NO. 16,991 AND ESTABLISHING A REVISED
PLANNED DISTRICT - COMMERCIAL TITLED EMBASSY
SUITES REVISED PD -C (Z- 5887 -B), LOCATED AT THE
SOUTHEAST CORNER OF CHENAL /FINANCIAL CENTER
PARKWAY AND EMBASSY DRIVE 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. (Deferred to July 20, 1999, as requested by
applicant.)
12. AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS,
PROVIDING FOR A WAIVER OF INTERIOR DRIVE
SEPARATION REQUIREMENT FOR EMBASSY SUITES,
LOCATED AT 11301 FINANCIAL CENTRE PARKWAY. (Deferred
to July 20, 1999, as requested by applicant.)
13. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS
PROVIDING FOR A DEFERRAL OF STREET IMPROVEMENTS
FOR EMBASSY SUITES, LOCATED AT 11301 FINANCIAL
CENTRE PARKWAY. (Deferred to July 20, 1999, as requested by
applicant)
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19. AN ORDINANCE AUTHORIZING USE OF EMINENT DOMAIN
TO ACQUIRE RIGHT -OF -WAY FOR STREET IMPROVEMENT
PROJECT AT MARKHAM & MISSISSIPPI INTERSECTION.
(Deferred to July 6, 1999)
Mr. Alfred Williams, Chairman of the Sister Cities Commission, gave an update
on the International Sister Cities Conference, to be held in Little Rock in July, 1999.
Also present was Mr. Ned Dienner, Executive Director of Sister Cities International,
Washington, DC.
Ms. Teri McClendon and David Morgan (UALR Institute of Economic
Advancement) made a fifteen minute presentation on the City's Web Site. A partnership
including the University of Arkansas at Little Rock, UALR Institute of Economic
Advancement, Development Information Network of Arkansas, and Southwestern Bell
have partnered with City staff to develop the web site.
Consideration was then given to the Consent Agenda which consisted of the
following:
(1) Resolution No. 10,569, entitled:
A RESOLUTION ADOPTING MONS, BELGIUM AS A SISTER
CITY TO LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES.
(2) Resolution No. 10,570, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH MARKING SYSTEMS OF ARKANSAS
FOR 1999 PAVEMENT MARKINGS. (Not to exceed $66,677.)
(3) Resolution No. 10,571, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH McV INC. FOR 1999 TORNADO DAMAGE
REPAIR TO TREE STUMPS, SIDEWALKS AND CURBS. (Not to exceed
$178,443.)
(4) Resolution No. 10,572, entitled:
A RESOLUTION APPOINTING COMMISSIONERS FOR
BROADMOOR RECREATION IMPROVEMENT DISTRICT NO. 2 OF LITTLE
ROCK, ARKANSAS. (Fred Baer, Elizabeth Ann Howard Wasson, Anna Ruth Landers
Swaim, W. Andy Corbett, Clarence Andrew Hornecker, Harold Bristow, Pat Mitchell,
and William Christian Swaim)
(5) Resolution No. 10,573, described as:
A RESOLUTION TO ADOPT THE CITY OF LITTLE ROCK'S
AMERICANS WITH DISABILITIES ACT SELF - EVALUATION AUDIT AND
TRANSITION PLAN, AS AMENDED MAY, 1999; AND FOR OTHER
PURPOSES.
(6) Resolution No. 10,574, with the title being:
A RESOLUTION SETTING A PUBLIC HEARING FOR JULY 6,
1999, ON AMENDMENTS TO THE CDBG CONSOLIDATED PLAN AND
SECTION 108 LOAN.
(M -1) Approval of the Minutes of the Board of Directors regular meeting held
January 19, 1999, and the reconvened meeting held January 26, 1999.
(M -5) Resolution No. 10,575, entitled:
A RESOLUTION TO COMMEND CITY EMERGENCY SERVICES
PERSONNEL, AND THE PERSONNEL AT THE LITTLE ROCK NATIONAL
AIRPORT, FOR THEIR PROMPT AND PROFESSIONAL RESPONSE TO THE
CRASH OF AMERICAN AIRLINES FLIGHT 1420; AN FOR OTHER
PURPOSES. (Crashed on June], 1999.)
(Note: Upon motion and second by Directors Cazort and Lichty, which was
unanimously adopted, Items 20, 21, and 22 were added to the Consent Agenda)
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June 15, 1999
(20) Resolution No. 10,576, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT TO 3M CORPORATION IN THE
AMOUNT OF $84,262.28 FOR THE PURCHASE OF REFLECTIVE SIGN
SHEETING MATERIALS FOR THE TRAFFIC CONTROL SECTION OF THE
PUBLIC WORKS DEPARTMENT, OPERATIONS DIVISION. (Not to exceed
$84,262.68.)
(21) Resolution No. 10,577, with the title being:
A RESOLUTION AUTHORIZING A BID AWARD FOR THE
STABILIZATION AND REHABILITATION OF CURRAN HALL TO AUSTIN
CONSTRUCTION COMPANY; AND FOR OTHER PURPOSES. (Located at 615
Capitol Avenue.) (Not to exceed $170, 000.)
(22) Resolution No. 10,578, entitled:
A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO
ENTER INTO A LEASE AGREEMENT WITH JEFFERSON AND VERNITA
ARNETTE FOR THE LEASING OF CERTAIN OFFICE SPACE FOR AN
ALERT CENTER LOCATED AT 1813 WRIGHT AVENUE; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES.
Upon a motion and second by Directors Cazort and Lichty, respectively, the Consent
Agenda was adopted by unanimous voice vote. (Note: The Emergency Clause in
Section 4 of Resolution No. 10,578 was unanimously adopted.)
A public hearing had been scheduled for this time and place by a motion adopted
June 1, 1999, on the appeal of the Planning Commission's denial of a Land Use Plan
Amendment for Geyer Springs West Planning District from Single Family to Service
Trades District for 9620 Baseline Road. The appeal was filed by Morris and Donna
Moore. Mayor Dailey declared the public hearing open at 6:40 P.M. Mr. Jim Lawson,
Director of Planning and Development, gave the staff presentation, stating that staff has
reached a compromise with the applicant to change the first 125 feet to Suburban Office
and the remainder will be Service Trades District. A copy of the amended request signed
by Donna and Morris Moore was filed with the City Clerk on June 15, 1999. The Town
& Country Neighborhood Association does support this. Mr. Troy Laha, President of
Southwest UP, spoke in support of the compromise. Ms. Donna Moore, applicant,
agreed with the amendment, and asked the Board's approval. Mayor Dailey declared the
public hearing closed at 6:45 o'clock P.M. Director Lichty moved to amend the
Ordinance to change the Land Use Plan from Single Family to Suburban Office for
the first 125 feet at 9720 Baseline Road and the remainder of the property to be
Service Trades District. The motion was seconded by Director Wyrick, and
unanimously adopted. Consideration was then given to Ordinance No. 18,031 -X,
described as:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
GEYER SPRINGS WEST PLANNING DISTRICT FROM SINGLE FAMILY TO
SUBURBAN OFFICE AND SERVICE TRADES DISTRICT; AND FOR OTHER
PURPOSES; (Re: 9620 Baseline Road.)
and the Ordinance, as amended, 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 Pugh, Hinton, Lichty, Cazort,
Keck, Stewart, Wyrick, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None;
Absent — Director Kumpuris — total 1. Whereupon, the Ordinance was declared
PASSED.
The next presentation was Ordinance No. 18,032, with the title being:
AN ORDINANCE TO AMEND CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, TO PROVIDE
FOR A WAIVER OF CERTAIN RIGHT -OF -WAY DEDICATIONS AND
STREET IMPROVEMENT REQUIREMENTS FOR THE BLOCK 2 LOFT
DEVELOPMENT LOCATED AT THE SOUTHEAST CORNER OF MAIN AND
MARKHAM STREETS; AND FOR OTHER PURPOSES; (Former Wallace
Building)
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June 15, 1999
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 Pugh, Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None; Absent — Director
Kumpuris — total 1. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 18,033 entitled:
AN ORDINANCE DISPENSING WITH COMPETITIVE BIDDING AND
AUTHORIZING THE CITY MANAGER TO ENTER INTO A SOLE SOURCE
CONTRACT FOR A 90 -DAY PERIOD WITH FAMILY SERVICE AGENCY,
INC. IN THE AMOUNT OF $9,549.75;
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 Pugh, Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None; Absent — Director
Kumpuris — total 1. Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 18,034 described as:
AN ORDINANCE TO AUTHORIZE THE CITY TO ENTER INTO AN
AMENDMENT OF THE ARKANSAS SYSTEMS BUILDING COMPANY LLC
GROUND LEASE DATED April 18, 1997 (ACT 9 BOND ISSUE) AND CONSENT
TO LEASEHOLD MORTGAGE AND ESTOPPEL CERTIFICATE;
DECLARING AND 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 Pugh, Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None; Absent — Director
Kumpuris — total 1.
The Emergency Clause contained in Section 2 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Pugh, Hinton, Lichty,
Cazort, Keck, Stewart, Wyrick, Kelly, Adcock, and Mayor Dailey — total 10; Noes —
None; Absent — Director Kumpuris — total 1. Whereupon, the Ordinance, together
with the Emergency Clause, was declared PASSED.
The next presentation was Ordinance No. 18,035 with the title being:
AN ORDINANCE DISPENSING WITH COMPETITIVE BIDDING AND
AUTHORIZING THE CITY MANAGER TO ENTER INTO A SOLE SOURCE
CONTRACT WITH NEW FUTURES FOR YOUTH, INC. IN THE AMOUNT OF
$48,000 FOR THE PROJECT BASED LEARNING PROGRAM; 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 Pugh, Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None; Absent — Director
Kumpuris — 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 Pugh, Hinton, Lichty,
Cazort, Keck, Stewart, Wyrick, Kelly, Adcock, and Mayor Dailey — total 10; Noes —
None; Absent — Director Kumpuris — total 1. Whereupon, the Ordinance, together
with the Emergency Clause, was declared PASSED.
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June 15, 1999
Consideration was then given to Ordinance No. 18,036, entitled:
AN ORDINANCE DISPENSING WITH COMPETITIVE BIDDING AND
AUTHORIZING THE CITY MANAGER TO ENTER INTO A SOLE SOURCE
CONTRACT WITH LITTLE ROCK SCHOOL DISTRICT IN THE AMOUNT OF
$12,921, AMENDING THE ORIGINAL CONTRACT IN THE AMOUNT OF
$15,000, FOR THE LITTLE ROCK SCHOOL DISTRICT VITAL LINK
PROGRAM; 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 Pugh, Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None; Absent — Director
Kumpuris — 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 Pugh, Hinton, Lichty,
Cazort, Keck, Stewart, Wyrick, Kelly, Adcock, and Mayor Dailey — total 10; Noes —
None; Absent — Director Kumpuris — total 1. Whereupon, the Ordinance, together
with the Emergency Clause, was declared PASSED.
Introduced next was Ordinance No. 18,037, described as:
AN ORDINANCE DISPENSING WITH COMPETITIVE BIDDING AND
AUTHORIZING THE CITY MANAGER TO ENTER INTO A SOLE SOURCE
CONTRACT WITH THE LITTLE ROCK SCHOOL DISTRICT IN THE
AMOUNT OF $20,000 FOR THE LITTLE ROCK SCHOOL DISTRICT VITAL
LINK PROGRAM; 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 Pugh, Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None; Absent — Director
Kumpuris — 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 Pugh, Hinton, Lichty,
Cazort, Keck, Stewart, Wyrick, Kelly, Adcock, and Mayor Dailey — total 10; Noes —
None; Absent — Director Kumpuris — total 1. Whereupon, the Ordinance, together
with the Emergency Clause, was declared PASSED.
The next presentation was Ordinance No. 18,038, with the title being:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
CENTRAL CITY PLANNING DISTRICT FROM SINGLE FAMILY TO MIXED
USE AND PUBLIC INSTITUTIONAL; AND FOR OTHER PURPOSES; (Re:
2200 block of Wright Avenue)
and the Ordinance was read the second time, having been read the first time on June 1,
1999. The rules were then suspended to provide for the third and final reading 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 passage of
the Ordinance as follows: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None; Absent — Director
Kumpuris — total 1. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 18,039, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF DRIVEWAY SPACING REQUIREMENTS FOR
ARKANSAS EASTER SEALS SOCIETY, LOCATED AT 3920 WOODLAND
HEIGHTS ROAD;
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June 15, 1999
and the Ordinance was read the first time. At the request of Director Adcock, Public
Works Director Chandra Wallar explained that the existing single access driveway radii is
so tight that the two buses utilizing the driveway can't turn to get out. The waiver would
allow a driveway to be constructed approximately 80 ft. from the existing driveway that
would be an exit only, right turn only for the two buses per day that utilize the driveway.
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 - Directors Pugh, Hinton, Lichty, Cazort,
Keck, Stewart, Wyrick, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None;
Absent — Director Kumpuris — total 1. Whereupon, the Ordinance was declared
PASSED.
A public hearing had been scheduled for this time and place by a motion adopted
June 1, 1999, on the appeal of the Planning Commission's denial of a Conditional Use
Permit for the daycare center at 2100 Vancouver Drive (Z- 6312 -A). The appeal was
filed by Harold and Brenda Brown of Tender Care Family Daycare Home. Mayor Dailey
declared the public hearing open at 7:00 o'clock P.M. and announced there would be
fifteen (15) minutes each for support and opposition to be presented. The first speaker in
opposition was Mrs. Annette Fisher, who filed a petition listing a number on concerns
about the expansion of the Tender Care Daycare Facility from 16 to 34 children in a
residential area. This is a business that should be in a commercial or business area. Ms.
Alecia Washington, an employee of Tender Care, spoke in support of the Daycare, and
asked the Board not to deny the CUP. Ms. Shirley Basey, who lives across the street
from Tender Care, spoke in opposition, stating the traffic is too much. Ms. Alma
McMullen and Ms. Antoinette Little both spoke in support of the Day Care, and asked
the Board to grant this CUP. Director Adcock expressed concern about that many people
dropping off and picking up children in the cul -de -sac. Director Lichty said according to
the application, they are wanting to increase to 50 children and to convert from a
residential home care to a full time non - residential daycare, which really then becomes a
commercial enterprise. Mrs. Brown said they first filed for an increase to 50 children,
however, DHS will only allow 34 children. In order to have 34 children they would have
to move out of the home and turn it into a daycare center. They are only allowed to have
16 children while they live in the home. They would be using a van to pick up and drop
off children at their homes. There are only about nine cars coming to the house. The
hours of operation are 6:30 A.M. to 6:00 P.M. and the children are six weeks to five years
old, with five or six school children. She now has two employees and will have three
with the expansion. Mr. Jim Lawson, Director of Planning and Development, stated that
the concern of staff is changing from a residential daycare with the family living there to
converting the entire house to a daycare. Director Cazort stated that DHS approves the
number of children based on the number of square feet per child and the number of
restrooms. We are talking about placing a fully commercial establishment in a residential
neighborhood and seriously modifying the outward appearance and structure of this home
so that it no longer conforms to the residential character of the neighborhood. Director
Keck said there is a need in this city for quality daycare. We need to find a way that our
economic development staff can work with Mrs. Brown and her business within the John
Barrow Neighborhood Action Plan to find possible alternatives to this residential
structure being converted for use for this daycare. He did not think conversion of the
residential structure into this type facility is a good policy at this time. Mayor Dailey
declared the public hearing closed at 7:30 o'clock P.M. The proposed Resolution was
the presented, entitled:
A RESOLUTION RESCINDING THE LITTLE ROCK PLANNING
COMMISSION'S ACTION IN DENYING A CONDITIONAL USE PERMIT FOR
A DAY CARE CENTER TO BE LOCATED AT 2100 VANCOUVER DRIVE. (Z-
6312-A).
Following the reading of the Resolution, Director Cazort moved for its adoption and the
motion was seconded by Director Lichty. A roll call vote was taken on adoption of the
Resolution as follows: Ayes — Director Stewart — total 1; Noes — Directors Pugh, Hinton,
Lichty, Cazort, Keck, Wyrick, Kelly, Adcock, and Mayor Dailey — total 9; Absent —
Director Kumpuris — total 1. Mayor Dailey announced that the Resolution FAILED.
Introduced next was Ordinance No. 18,040, described as:
AN ORDINANCE REVOKING ORDINANCE NO. 17,332 AND
ESTABLISHING A REVISED PLANNED DISTRICT - COMMERCIAL TITLED
TARGET REVISED LONG -FORM PD -C (Z- 6199 -C) LOCATED AT 12700
CHENAL PARKWAY IN THE CITY OF LITTLE ROCK, ARKANSAS,
AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY
OF LITTLE ROCK; AND OF OTHER PURPOSES;
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June 15, 1999
and the Ordinance was read the second time, having been read the first time on June 1,
1999. The rules were then suspended to provide for the third and final reading 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 passage of
the Ordinance as follows: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None; Absent — Director
Kumpuris — total 1. Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 18,041, with the title being:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF DRIVEWAY OPENING REQUIREMENTS FOR
SUPERIOR FEDERAL BANK, 11331 ARCADE DRIVE;
and the Ordinance was read the first time. Responding to a question by Director Adcock,
Public Works Director Chandra Wallar explained that the request is for a driveway width
waiver and the reason for the staff recommendation of denial is that the City Ordinance
requires a 40 ft. maximum width and the request is for a 60 ft. maximum width. Mr. Bill
Putnam, representing Superior Federal, said Superior Federal is trying to get the cars off
the street and we don't know any other way to solve the problem. There is a problem
with customers' vehicles bottlenecking at the driveway opening and blocking traffic on
Merrill Drive, while waiting for drive -thru windows. The rules were suspended to
provide for the second and third readings 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 passage of the Ordinance as follows: Ayes -
Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Adcock, and Mayor Dailey —
total 8; Noes — Directors Pugh and Kelly — total 2; Absent — Director Kumpuris — total 1.
Whereupon, the Ordinance was declared PASSED
Consideration was then given to Ordinance No. 18,042, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF COMMERCIAL STREET IMPROVEMENTS FOR
FLIGHT SAFETY INTERNATIONAL, LOCATED AT 3605 EAST 10TH
STREET.
The Ordinance was read the first time as a waiver of commercial street improvements.
Public Works Director Chandra Wallar stated that the applicant is proposing to construct
a $50,000 building and would be responsible for about an additional 7 ft. of pavement
and is asking for a waiver of the commercial street improvements. Staff would be
supportive of a deferral. Mr. Greg Ferns, representing Flight Safety International, said
this will be a maintenance training facility and they will put in an additional driveway on
1 W Street. After some discussion, Director Cazort moved to amend the Ordinance to
provide for a deferral up to five years or until further development. The motion was
seconded by Director Kelly and unanimously adopted. The rules were then suspended to
provide for the second and third readings of the Ordinance, as amended, 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 Pugh, Hinton,
Lichty, Cazort, Keck, Stewart, Wyrick, Kelly, Adcock, and Mayor Dailey — total 10;
Noes — None; Absent — Director Kumpuris — total 1. Whereupon, the Ordinance, as
amended, was declared PASSED.
At 7:55 o'clock P.M. Mayor Dailey declared a ten minute recess. The Board of
Directors reconvened at 8:20 o'clock P.M. with Mayor Dailey presiding and nine
Directors present. (Director Kumpuris was absent.)
Consideration was then given to Item 14, being a proposed Ordinance entitled:
AN ORDINANCE ESTABLISHING A PHASED ANNEXATION POLICY;
IDENTIFYING ELEMENTS OF A PHASED ANNEXATION ANALYSIS,
REQUIRING A CAPITAL IMPROVEMENTS PLAN; AND FOR OTHER
PURPOSES;
Director Kelly reviewed his proposal and offered some amendments. (1) Add a Section
3(e) about using same similar language regarding the effects on public transportation.
(2) To allow during the phased annexation process an exception for the islands within the
City if they choose to become a part of the City. (3) Amend the Ordinance to allow the
City to purchase and annex land around the Little Rock Port Authority where they hope
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June 15, 1999
to develop industrial sites and will need to move quickly. (4) Amend current policy that
prohibits the extension of sewer treatment under pre - annexation agreements. City
Attorney Tom Carpenter said Item 4 would have to be a separate action. Director Kelly
then moved to amend the Ordinance as stated. The motion was seconded by Director
Cazort and adopted by a vote of 9 ayes, 1 abstention (Adcock), 1 absent (Kumpuris). At
9:05 o'clock Mayor Dailey announced that citizens would have three minutes per person
to speak on the issue. Those speaking in opposition to the proposed Ordinance were
Don Mitchell - Vice President of Pulaski Bank, a locally owned bank, Dwight Blissard,
Frank Stancil, Shelby Woods - Chairman of the Board of the Greater Little Rock
Chamber of Commerce; Bob Birch - Chairman of Economic Development of the Greater
Little Rock Chamber of Commerce, Gene Pfeifer and Dickson Flake. Speaking in
support of the proposed Ordinance were Ralph Desmarais, Jim Lynch, Molly Molitor
and Hyatt Lee. Mr. Mitchell said Pulaski Bank is a small bank seeking to serve Little
Rock residents and is interested in seeing that development occurs in Little Rock in an
orderly, well planned manner. Mrs. Ruth Bell, representing the League of Women
Voters of Pulaski County, said the League strongly supports the idea of developing a way
to do a cost benefit study of annexation proposals that everybody will accept as non-
biased. The League thinks that five years is too long and three years is too long to
consider putting annexations on hold because economic cycles, interest rates, and
consumer demand don't seem to go by calendar periods, but would be much more
comfortable with a one year hold. Mr. Dwight Blissard, a member of the Little Rock
Realtors Association, said the Association is not in favor of the Ordinance as proposed
with a five year limit. At the request of Director Lichty, Mr. Jim Lawson, Director of
Planning and Development, explained that during the last three or four years staff has
been doing a cost analysis of annexation and for the first time has gotten a cost for fire
and police protection on a per acre basis. Some areas annexed over the years did not have
streets built, did not have proper drainage, which caused infrastructure costs. In Chenal
all of the streets are built and all of the drainage is installed. When the infrastructure is
put in 100% by the developer, then the other costs the City looks at are fire and police,
etc. However, the revenue is higher than the costs. We are taking more steps to analyze
all those costs now. Staff is also studying the need for sewer treatment plants or sewer
pumps. He responded to questions from the Board regarding Smart Growth and
annexation. Mr. Ralph Desmarais, representing the Sierra Club and Citizens for
Accountable Growth, said Deltic's proposal of 2.5 houses per acre is sprawl according to
the federal government definition of sprawl which is 2 to 3 units per acre. Sprawl costs
everyone more because with houses that far apart it costs more to serve them. Mr. Fred
Stancil, President of the Greater Little Rock Home Builders Association, spoke in
opposition to the annexation moratorium because he felt it would stagnate the growth of
Little Rock. He was concerned about the growth of Little Rock and North Little Rock as
a whole. It will send investors to other cities. Mr. Jim Lynch spoke in support of the
phased annexation, stating it provides for the inclusion of growth and development
projects anywhere anybody wants to put them during the integral period with the pre -
annexation agreement. Mr. Shelby Woods said the Chamber Board of Trustees met on
May 27, 1999, and after much discussion, voted unanimously to oppose the annexation
moratorium Ordinance as currently drafted. Mr. Bob Birch said the key element is
quality planning. That issue is already on the table with the Smart Growth initiative. He
urged the Board to vote against the annexation moratorium. (Director Lichty was
excused at 9:45 o'clock P.M.) Molly Molitor spoke in support of the phased
annexation. The future economic health of our city demands that our planning decisions
are made by looking further than our own nose. Annexation is a powerful tool for
development and growth, but if we fail to understand its impact we fail to understand
how to use it wisely. Mr. Gene Pfeifer urged the Board or someone to contact Mr. Don
Zimmerman of the Arkansas Municipal League and get the history of the extraterritorial
zoning law. He feared the City was in danger of operating in bad faith with the lands that
have been subject to the extraterritorial zoning, or even worse, acting outside of the law.
He urged the Board to look into the infrastructure reimbursement agreements in place in
the City and find out the terms of those agreements and be prepared to deal with property
owners who have put infrastructure in place as demanded by the City in excess of the size
of infrastructure required for their own properties in contemplation of serving the lands
that are further outside the City. Those reimbursement agreements will need to be
extended or interest paid on the monies invested therein for the policy to be fair or
possibly even legal. Mr. Hyatt Lee reviewed the comments made by citizens on this
issue at the May 18, 1999 meeting. He concluded by stating he believed the helter - skelter
development on the western perimeter of the city will have a negative impact on the
entire city. Mr. Dickson Flake stated that 15 to 20 years ago developers didn't want to
annex, but the City ultimately forced annexation through its policies, which was a good
move. He said the right decision now is to oppose the annexation moratorium. The
policies are working. The policy is to stimulate center city growth while permitting
perimeter growth. The proposed Ordinance was then read the second time, having been
read the first time on May 18, 1999. Since Mayor Dailey will be absent at the July 6,
1999 Board Meeting, Director Keck suggested that the Ordinance be left on the calendar
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June 15, 1999
for third reading on July 20, 1999. Therefore, the Ordinance was left on the calendar
for third and final reading on July 20, 1999.
At 10:05 o'clock P.M. City Manager Cy Carney gave his activity report, which
consisted of the notice of the joint Planning Commission meeting on June 22, 1999; a
summary of the joint School District meeting on June 14; the Year 2000 update report;
the Small Business Administration disaster assistance; the Police Department's
procedures regarding juvenile charging; speed hump letter to neighborhood associations;
and enforcement action taken against Central High students during Senior Skip Day
activities. He also provided a report regarding the budget forecast between fiscal years
1999 and 2003. Additional revenue and expenditure recommendations will be provided
every two weeks at the Agenda Meeting.
At the time allotted for Citizen Communications, the first speaker was Ms. Faith
Williamson, 4203 West 22nd Street. She was concerned about establishing clear
standards and expectations of absentee landlords. The house on the lot directly across
the street from 4203 West 22nd Street burned three years ago. She has called the Alert
Center several times but nothing has been done. The owner, Rex Johnson, is on the
Rental Property Task Force. He should be removed from the Task Force and should be
ticketed. Mayor Dailey asked City Manager Cy Carney to provide the Board with a
written report.
The next speaker during Citizen Communications was Mrs. Kathy Wells, 22nd
& Gaines, President of the Downtown Neighborhood Association. She expressed
concern about the tornado victims. At today's meeting of the Unmet Needs Committee
of the Churches and Charities Providing Disaster Relief, she learned that so many
obstacles had arisen from City Hall that when over 500 volunteers arrive in Little Rock a
week from now to spend summer vacation time rebuilding 50 homes they will be bussed
to Beebe and McRae and other places where they are welcome and their contributions are
appreciated. She thanked Ward 1 Director Pugh who has signed a letter that is intended
to remove one of those obstacles, namely that volunteers doing building trades work must
be certified by the State. The letter goes to Governor Huckabee tomorrow morning to ask
him to waive those requirements for volunteers in disaster areas. This does nothing to
halt building inspections. We want inspections to be sure all electrical and plumbing
work is done properly. It is nonsense to talk about they don't have the paper work. This
needs to be resolved in the next week. Mayor Dailey asked City Manager Cy Carney for
a report on this matter. Director Pugh stated there has been meeting after meeting and
talk after talk and nothing has been done. How soon can we actually get something
done? Director Adcock said that today Mr. Jim Hathcock reported that there are 500
volunteers coming in 100 a week for five weeks. The City is in the process of raising
from the private sector funds to be used on these houses. To date, there has been close to
$2,000 plus materials donated.
There being no further business to be presented the Board of Directors adjourned
at 10:25 o'clock P.M. to meet again in regular session on Tuesday, July 6, 1999 at 6:00
o'clock P.M.
ATTEST:
City Clerk Robbie Hancock
PROVEb:
yor Jim Dailey