HomeMy WebLinkAbout11-02-99563
Board of Directors Room
City Hall — 500 W. Markham
Little Rock, Arkansas
November 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, Lichty, Cazort, Keck, Wyrick,
Kelly, and Adcock — total 7; Absent — Directors Stewart, Kumpuris, and Hinton - total 3.
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 Cazort, followed by the Pledge of
Allegiance.
(Director Hinton enrolled at 6:04 o'clock P.M.)
(Directors Stewart and Kumpuris enrolled at 6:06 o'clock P.M.)
Director Hinton introduced Dr. Peter Siler, Director of the Arkansas School for
the Deaf, who made a presentation regarding Silent Sunday, the annual fund raiser to
benefit the Arkansas School for the Deaf. It will be held November 7, 1999, and various
restaurants in central Arkansas will be participating and the food is delicious.
Mayor Dailey and City Attorney Tom Carpenter presented Certificates of
Appreciation to boy scouts and others who participated in the Pioneer District of the
Quapaw Area Council Conservation Camporee at Boyle Park on October 22, 23, and
24, 1999.
Director Adcock moved to consider Agenda Items 25 and 49 immediately
following Citizen Communications. The motion was seconded by Director Hinton and
unanimously adopted. (See Resolutions No. 10,699 and 10,700 below following Citizen
Communications.)
Director Keck noted that Agenda Item 41 setting the date of hearing on closing a
portion of Candlewood Drive (the portion remaining open after Ordinance No. 18,108
was passed on October 19, 1999) was to be withdrawn as listed on the Agenda
Modifications. He moved to reconsider the vote on closing Candlewood Drive from
Candlewood Subdivision Phase II to 1300 feet north of Cantrell Road (see Ordinance No.
18,108, passed October 19, 1999). The motion was seconded by Director Adcock and
adopted by a roll call vote of 6 ayes (Pugh, Lichty, Keck, Stewart, Wyrick, and Adcock)
and 5 noes (Hinton, Cazort, Kumpuris, Kelly, and Mayor Dailey). Director Keck then
moved to reconsider Candlewood Drive on November 16, 1999. The motion was
seconded by Director Adcock and adopted. Therefore, the Board of Directors will
reconsider the vote on Ordinance No. 18,108 on November 16, 1999.
Director Lichty moved to add Agenda Item 45 and M -1 on the Agenda
Modifications to the Consent Agenda. Director Adcock seconded the motion, which was
unanimously adopted. (See Resolutions No. 10, 697 and 10, 698 in the Consent Agenda.)
Consideration was then given to the Consent Agenda, which consisted of the
following:
(1) Resolution No. 10,678, entitled:
A RESOLUTION CHANGING THE NAME OF THAT PORTION OF
FOREST HILLS COVE BETWEEN WIMBLEDON LOOP AND LEGENDS
DRIVE TO LEGENDS DRIVE.
(2) Resolution No. 10,679, described as:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO ABANDON A PORTION OF RIGHT -OF -WAY OF CEDAR
STREET BETWEEN WEST 30TH AND WEST 31sT STREETS IN DICKINSON
MILL ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (November
16, 1999)
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November 2, 1999
(3) Resolution No. 10,680, with the title being:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE THE SOUTH HALF OF THE ALLEY IN
BLOCK 59, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS. (November 16,
1999)
(4) Resolution No. 10,681, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO CONTRACT NEGOTIATIONS WITH THE ARKANSAS
DEPARTMENT OF HEALTH, BUREAU OF ALCOHOL AND DRUG ABUSE
PREVENTION, TO PROVIDE ADULT SUBSTANCE ABUSE TREATMENT
SERVICES IN A RESIDENTIAL SETTING TO LITTLE ROCK RESIDENT. (Not
to exceed $333,610.)
(5) Resolution No. 10,682, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO CONTRACT NEGOTIATIONS WITH NEW FUTURES FOR
YOUTH, INC. TO PROVIDE TECHNICAL ASSISTANCE COORDINATION,
YOUTH EMPLOYABILITY COORDINATION, EVALUATION AND
VIOLENCE PREVENTION COORDINATION SERVICES. (Not to exceed
$195,000.)
(6) Resolution No. 10,683, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO CONTRACT NEGOTIATIONS WITH ARKANSAS CHILDREN'S
HOSPITAL (ACH) TO PROVIDE ADOLESCENT OUTPATIENT AND LIMITED
RESIDENTIAL SUBSTANCE ABUSE TREATMENT SERVICES TO LITTLE
ROCK RESIDENTS. (Not to exceed $450, 000.)
(7) Resolution No. 10,684, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT TO CAPITAL FORD NEW
HOLLAND IN THE AMOUNT OF $55,489.36 FOR THE PURCHASE OF ONE (1)
TRACTOR WITH 3 -GANG FLAIL MOWER FOR THE PARKS AND
RECREATION DEPARTMENT.
(8) Resolution No. 10,685, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH LITTLE ROCK DODGE, INC. FOR THE
PURCHASE OF THREE (3) FULL SIZE PICKUP TRUCKS FOR PUBLIC
WORKS OPERATIONS, FLEET SERVICES AND PARKS AND RECREATION.
(9) Resolution No. 10,686, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH PHILLIPS CONSTRUCTION COMPANY
FOR $64,800 TO CONSTRUCT A NEW AFFORDABLE HOME AT 2904 SOUTH
HARRISON STREET IN THE OAK FOREST INITIATIVE HOME FUNDED
PROJECT AREA.
(10) Resolution No. 10,687, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE TWO CONTRACTS WITH JOHN T. WRIGHT CONSTRUCTION
COMPANY TO CONSTRUCT A NEW AFFORDABLE HOME AT 2908 SOUTH
HARRISON STREET FOR $64,500 AND AT 2912 SOUTH HARRISON FOR
$65,000, IN THE OAK FOREST INITIATIVE HOME FUNDED PROJECT
AREA.
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November 2, 1999
(11) Resolution No. 10,688, described as:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE NECESSARY DOCUMENTS FOR A LAND
EXCHANGE BETWEEN THE CITY OF LITTLE ROCK AND CATHEDRAL
MIDDLE SCHOOL AT 1701 CANTRELL ROAD. (Land swap for use and benefit of
the Little Rock Sanitary Sewer Commission.)
(12) Resolution No. 10,689, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH HERMANS TREE SERVICE FOR $14,015 TO
REMOVE 111 TREE STUMPS AND ROOT MASSES WITHIN THE TORNADO
DISASTER AREA.
(13) Resolution No. 10,690, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH JOYNER - FORD - BURKE FOR BRIDGE
REHABILITATION AT VARIOUS LOCATIONS WITHIN CITY, A 1998
REVENUE BOND PROJECT.
(14) Resolution No. 10,691, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH L.E.G. ENTERPRISES, INC., IN THE
AMOUNT OF $209,019 FOR PLEASANT FOREST/WOODLAND
HEIGHTS/RODNEY PARHAM INTERSECTION IMPROVEMENT PROJECT,
A 1998 REVENUE BOND PROJECT.
(15) Resolution No. 10,692, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH GENE SUMMERS CONSTRUCTION, IN
THE AMOUNT OF $254,620 FOR "N" AND FLORIDA STREETS
IMPROVEMENT PROJECT, A 1998 REVENUE BOND PROJECT. ( "N" Street
from Georgia to Florida Streets; Florida Street from Hughes to "M" Streets.)
(16) Resolution No. 10,693, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH TOWNSHIP BUILDERS, IN THE
AMOUNT OF $228,004 FOR MARTIN STREET IMPROVEMENTS PROJECT, A
1998 REVENUE BOND PROJECT. (Martin Street from 13`h to 17`h Streets.)
(17) Resolution No. 10,694, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH TOWNSHIP BUILDERS, IN THE
AMOUNT OF $447,631 FOR 9TH STREET IMPROVEMENT PROJECT, A 1998
REVENUE BOND PROJECT. (9`h Street from Picron to Carson Streets)
(18) Resolution No. 10,695, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH TOWNSHIP BUILDERS, IN THE
AMOUNT OF $322,438 FOR KANIS AND BOWMAN INTERSECTION
IMPROVEMENT PROJECT, A 1998 REVENUE BOND PROJECT.
(19) Resolution No. 10,696, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH LEG ENTERPRISES INC., IN THE
AMOUNT OF $113,412 FOR VAN BUREN AND LEE INTERSECTION
IMPROVEMENT PROJECT, A 1998 REVENUE BOND PROJECT.
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Item 45 was added to the Consent Agenda, being Resolution No. 10,697,
described as:
A RESOLUTION AUTHORIZING THE TREASURY MANAGER AND
TREASURY ANALYST TO ENGAGE THE SERVICES OF CERTAIN
FINANCIAL INSTITUTIONS TO TRANSACT CITY BUSINESS AND TO
TRANSFER, SELL, ASSIGN, SET OVER, AND DELIVER ANY AND ALL
BONDS, DEBENTURES, NOTES, EVIDENCES OF INDEBTEDNESS, OR
OTHER SECURITIES NOW OR HEREAFTER OWNED BY THE CITY OF
LITTLE ROCK, AND TO MAKE, EXECUTE, AND DELIVER ANY AND ALL
WRITTEN INSTRUMENTS NECESSARY OR PROPER TO EFFECTUATE THE
AUTHORITY HEREBY CONFERRED; AND FOR OTHER PURPOSES.
Item M -1 on the Agenda Modifications was added to the Consent Agenda, being
Resolution No. 10,698, entitled:
A RESOLUTION TO AWARD A CONTRACT TO PULASKI
ENTERPRISE COMMUNITY ALLIANCE, INC., TO PROVIDE SERVICES TO
WELFARE TO WORK ELIGIBLE CLIENTS; AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO CONTRACT NEGOTIATIONS; AND FOR
OTHER PURPOSES. (Not to exceed $413,280.)
Upon a motion and second by Directors Keck and Adcock, respectively, the Consent
Agenda was adopted by unanimous voice vote.
At the time allotted for Citizen Communications, the first speaker was Larry
Kelly (2214 Hickory Nut Court), speaking on behalf of the Central Arkansas Labor
Council, urged the Board of Directors to pass a living wage ordinance. Others speaking
in support of the living wage were Gordon Brehm (15614 Oakcrest Lane), Hattie
Taylor (3819 Taylor Street), Pam Mitchell (2023 West 23`d Street), Darlene Mitchell
(1612 Green Meadow Drive), and Don Baker. The Board was asked to be sure that
businesses receiving contracts or tax breaks from the City of Little Rock pay a wage of at
least $8.00 per hour.
Mrs. Betty Snyder, 4002 Walker Street, also addressed the Board during Citizen
Communications, and thanked the Boy Scouts for using Boyle Park for the recent
camporee. She also asked the Board of Directors to find money in the budget for the
John Barrow Community Center.
Mr. Charles Johnson, Jr. was the next speaker during Citizen
Communications. Mr. Johnson said progress on the Stephens Community Center is
not going well at all. He reminded the Board of its commitment to have a functional
facility for that area. He felt that working together a better plan could be developed. Mrs.
Mazola Johnson, 1622 Martin Street, was present but did not speak regarding the
Stephens Community Center.
The last speaker during Citizen Communications was Mr. Sterling Cockrill,
former Executive Director of Metrocentre Improvement District No. 1, who presented a
framed antique flag/banner of Little Rock as the City of Roses, which his wife
purchased at an estate sale of an heir of Mayor Charles E. Taylor, who served from 1911
to 1919. He said that if it is not appropriate for the City, he would like for it to be
donated to the Central Arkansas Library in the River Market.
Consideration was then given to Item 25, being Resolution No. 10,699, entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS IN SUPPORT OF THE UPPER BASELINE AREA
NEIGHBORHOOD ACTION PLAN.
Following the reading of the Resolution, Ms. Pat Gee, President of Upper Baseline
Neighborhood Association, thanked the City staff that worked with the Association on
development of this plan. She also pointed out that the plan included the need for
sidewalks on Scott Hamilton Drive for safety of the children walking to school. Director
Adcock then moved for adoption of the Resolution. The motion was seconded by
Director Keck and the Resolution was unanimously adopted.
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November 2, 1999
Item 49 was the next presentation, being Resolution No. 10,700, described as:
A RESOLUTION AUTHORIZNG THE MAYOR AND CITY CLERK TO
EXECUTE DEEDS FOR THE SALE OF CITY OWNED VACANT LOTS TO
DANNY R. LEWIS. (East 32 ft. of Lot 4, and west 18 ft. of Lot S, Block 18, Garland
Addition - located at 161911623 East Capitol Avenue.)
(See page 4 of Minutes of October 19, 1999) Following the reading of the Resolution,
Director Adcock moved for its adoption. Director Stewart seconded the motion, and the
Resolution was unanimously adopted.
Introduced next was Resolution No. 10,701, with the title being:
A RESOLUTION TO AMEND ANY PREVIOUSLY APPROVED
PROGRAMS TO EXPEND MONIES TO WIDEN RODNEY PARHAM ROAD
FROM HINSON ROAD TO PLEASANT FOREST; AND FOR OTHER
PURPOSES.
There was a lengthy discussion from 7:04 o'clock P.M. until 8:30 o'clock P.M. Public
Works Director Chandra Waller made a staff presentation, stating that she had previously
distributed a report of the background information regarding the widening of Rodney
Parham Road, which she reviewed at the Agenda Meeting. She also answered additional
questions she had received since then. Mr. Jim McKenzie, Executive Director of
Metroplan, addressed traffic volumes on Rodney Parham and whether or not the project
would still be eligible for federal funds if there were modifications of the plan. The
traffic count of 13,000 vehicles per day indicates the street had reached its saturation
point. He stated the funds for this project lapse October 1, 2001, so the road needs to be
built soon. If the City is not going to build the road, the funds will be applied to another
federal aid project in the region. The change in the project that has been suggested of
going from a four lane minor arterial cross section to an improved two lane street or a
three lane cross section are such that it would have to be resubmitted for funding and go
through the competitive process. If the City chooses not to build the street, $124,000
federal matching funds already used for engineering costs would have to be repaid from
local funds. Mrs. Waller and Mr. McKenzie responded to questions by the Board. Ms.
Waller explained that the $124,000 for the engineering contract would have to come from
the general fund. She concluded by stating that staff continues to believe that Rodney
Parham from Hinson Road to Rocky Road is a much needed project. Rodney Parham is
the only north -south connector between Hinson and Cantrell west of 1 -430 until you get
to Rahling Road. Since 1968 this street has been shown on the Master Street Plan as a
significant minor arterial. Loss of this connector in west Little Rock is certain to place an
additional burden on already overloaded streets. Terminating the project will result in the
loss of $1.3 million federal funding. Speaking in opposition to the Resolution were
Thomas L. Shanks and Betty T. Shanks (127 Valley Club Circle), who urged the Board
to complete the widening of Rodney Parham Road. Speaking in support of the
Resolution were Steve Wade (11200 Eden Lane and a member of the Board of Directors
of the Pleasant Valley Property Owners Association), Joe Quinn (3019 Painted Valley),
State Representative Jim Magness, Daniel Schroeder (149 Pleasant Valley), and John
Reynolds (2906 N. Rodney Parham). Following the lengthy discussion, the Resolution
was read and Director Cazort moved for its adoption. The motion was seconded by
Director Keck and the Resolution was adopted by the following roll call vote: Ayes —
Directors Hinton, Cazort, Keck, Stewart, Wyrick, and Mayor Dailey — total 6; Noes —
Directors Pugh, Lichty, Kumpuris, Kelly, and Adcock — total 5. City Manager Cy
Carney said the $124,000 that must be repaid from the general fund will be part of the
budget process.
Director Adcock then moved that the Scott Hamilton Road improvement project be
submitted to Metroplan for federal funding and the motion was seconded by Director Stewart.
The motion failed by the following roll call vote: Ayes — Pugh, Stewart, Adcock — total 3; Noes
— Hinton, Lichty, Cazort, Keck, Wyrick, Kumpuris, Kelly, and Mayor Dailey — total 8.
At 8:30 o'clock P.M. Mayor Dailey declared a recess. The Board of Directors
reconvened at 9:00 o'clock P.M. with Mayor Dailey presiding and all Directors present.
Item 51 on the Agenda was a proposed Ordinance, described as:
AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN
LANDS TO THE CITY OF LITTLE ROCK, ARKANSAS, AND MAKING SAME
A PART OF THE CITY OF LITTLE ROCK;
(Chenal Valley/Wildwood Annexation — 1220.92 acres located west and north of the
Gordon and Denny Road Intersection.)
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which was read the first time on October 19, 1999. Following a brief discussion and a
show of hands regarding the suspension of the rules, Director Keck moved to have the
second reading of the Ordinance at this time and to defer discussion until a date
certain when all Directors can be present. (Director Kumpuris will be absent on
November 19, 1999.) Director Stewart seconded the motion. The motion was adopted
by the following roll call vore: Ayes — Directors Pugh, Hinton, Keck, Stewart, Kelly, and
Mayor Dailey — total 6; Noes — Directors Lichty, Cazort, Wyrick, Kumpuris, and Adcock
— total 5. The Ordinance was then read the second time and left on the calendar for
third and final reading at a date to be determined when all Directors will be present.
A public hearing had been scheduled for this time and place by Resolution No.
10,669, adopted October 19, 1999, on a proposed Ordinance adjusting rates for water
provided by Little Rock Municipal Water Works. The notice of hearing was published in
the Arkansas Democrat Gazette on October 22, 1999. Mayor Dailey declared the public
hearing open at 9:08 o'clock P.M. The first speaker was Mr. Carl Scheibner, Chair of
the Little Rock Water Commission, who introduced other members of the Water
Commission and other officials. Mr. Jim Harvey, Chief Executive Officer of Little
Rock Municipal Water Works, explained the proposed rate adjustment, stating some rates
will go up, some will stay the same, and some will go down. It is a two year adjustment
and a five year financial plan. It has been almost 15 years since Little Rock Water Works
has had a rate adjustment (February 1, 1985). The Water Commission hired Black &
Veatch Corporation to conduct a rate review based on "cost of service." Following the
consultant's recommendations, the Water Commission decided to begin the transition to
cost -of- service rates, which are one of the most equitable ways to determine rates. The
methodology takes into consideration the usage characteristics of customer classes and
assigns costs accordingly. The new rate schedule would increase the cost of water
service by 29 cents per month for the average inside -city residential customer (based on
usage of 7,480 gallons per month). There would be a 15 percent reduction in rates for the
overall class of commercial customers and approximately a 21 percent increase for the
overall class of industrial customers. In response to a question by Director Cazort, Mr.
Rowe McKinley, Vice President of Black & Veatch, explained the cost -of- service basis
for the rate adustment and how it applies. The Water Company is an enterprise fund and
as such it must recover its entire costs for providing service from the rates it charges.
Master - metered accounts (such as North Little Rock, Bryant, and Shannon Hills) are for
service provided at a single location and you are not responsible for what is behind that
meter. The proposed rate changes for municipal customers in North Little Rock would
be from 42.5 cents to 59 cents per 100 cubit feet and will generate an additional
$1,649,000 per year. The rate changes for municipal customers in Bryant and Shannon
Hills would be from 42.5 cents to 80.6 cents per 100 cubic feet and the adjustment for
would generate an additional $176,000. There was also a discussion regarding a contract
with the City of North Little Rock. Mr. Patrick Henry Hayes, Mayor of North Little
Rock, said this water issue is tearing us apart as a community. He said when he looked at
an increase of $1.7 million to North Little Rock and sees what is needed is a $1.2 million
increase, it doesn't take a rocket scientist to figure out that somebody is going to be
carrying the load. Is that fair? He then reviewed the history of the relationship between
Little Rock and North Little Rock beginning in 1913. For all practical purposes, we have
operated as one water system for 83 years. He was concerned that this issue could divide
this community when it needs to be working together. Mayor Dailey asked Mayor Hayes
if he had a suggestion on another way this could be done and how to resolve the contract
issue. Mayor Hayes agreed that a contract is essential. (NOTE: At 10:50 o'clock P.M.
Director Adcock moved to waive the ru.les and extend the meeting past 11:00 o'clock
P.M. The motion was seconded by Director Cazort and adopted by the following roll call
vote: Ayes — Directors Pugh, Hinton, Lichty, Cazort, Pyrick, Kumpuris, Kelly, and
Adcock — total 8; Noes — Directors Keck, Stewart and Mayor Dailey — total 3.) Mr.
Bruce Engstrom, engineer for the City of North Little Rock, distributed a breakdown of
the proposed water rate charges to North Little Rock. He said he has no problem with
switching to the nationally recognized method, but in making the conversion from one
method to another, no consideration is given to what North Little Rock paid under the old
method, and in doing so, North Little Rock is asked to pay for something twice. In the
old method every time there was a cost incurred to buy new equipment, etc., North Little
Rock paid its share. His concern was being charged for the return on fair value and
depreciation on assets that are already in place that he said North Little Rock has already
paid for. Mayor Hayes said we look forward to trying to do the best we can to achieve
an equitable way to shoulder these increases that our ratepayers are going to have to pay.
Mr. Thad Gray, Jacksonville Water Commission Chairman, said they were concerned
that the methodology has changed. Over 50 percent of Jacksonville's water production
and purchases go to Little Rock Air Force Base under federal contract. To decide on the
rate increase in December and make it effective in January doesn't give other
municipalities a chance to negotiate and is not the fairest thing to do. Ms. Betty
Dewberry, Billing Manager for the City of Bryant, read a letter from Bryant Mayor Paul
Halley, in which he expressed concern about the proposed rate increase, stating a 90
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November 2, 1999
percent increase doesn't seem fair, and asked the Board to review the increase with great
cconcem for all customers. Mayor Dailey declared the public hearing closed at 11:20
o'clock P.M., and the proposed Ordinance was introduced, with the title being:
AN ORDINANCE ESTABLISHING A SCHEDULE OF RATES FOR THE
LITTLE ROCK MUNICIPAL WATER WORKS, FIXING THE EFFECTIVE
DATES THEREOF, AND DECLARING AN EMERGENCY.
The proposed Ordinance was read the first time and left on the calendar for second
reading on November 16, 1999.
Item 22 on the Agenda was a proposed Ordinance entitled: "AN
ORDINANCE ESTABLISHING A SCHEDULE OF RATES FOR THE LITTLE
ROCK MUNICIPAL WATER WORKS, FIXING THE EFFECTIVE DATES
THEREOF; AND DECLARING AN EMERGENCY," which was the City Manager's
proposal regarding water service for City facilities. The proposed Ordinance was
withdrawn as noted on the Agenda Modifications No. 2.
At 11:22 o'clock P.M. Mayor Dailey declared a ten minute recess. The Board of
Directors reconvened at 11:38 o'clock P.M. with Mayor Dailey presiding and all
Directors present.
Item 23 on the Agenda was a proposed Ordinance, described as:
AN ORDINANCE TO MAKE IT ILLEGTAL TO SLAUGHTER ANIMALS
WITHIN THE CITY OUTSIDE OF A PROPERLY ZONED
SLAUGHTERHOUSE, TO DECLARE AN EMERGENCY; AND FOR OTHER
PURPOSES;
and the Ordinance was read the second time, having been read the first time on October
19, 1999. City Attorney Tom Carpenter requested that the Ordinance be left on second
reading in order for some language changes to be made. Mrs. Janet Berry, 8013
Mabelvale Cut -off, asked how enforceable this Ordinance will be. Our Code Officers
can't answer all their complaints now. City Manager Cy Carney said the Ordinance will
be enforced on complaints only. Director Wyrick asked if this would involve deer
hunters bringing home the dead animals or other wild game to be cleaned in their yard or
garage. Mr. Carney said that will be covered in the language changes. Mrs. Betty
Snyder, 4002 Walker Street and past president of the John Barrow Neighborhood
Association, said this is not a laughing matter when it is next door. Pigs, goats, and
lambs are being slaughtered. Lambs are cooked in a pot in the yard. One of the problems
is the lack of communication due to the language barrier with the Hispanics in the
neighborhood. The proposed Ordinance was left on the calendar for third and final
reading on November 16, 1999.
Item 24 on the Agenda was a proposed Ordinance entitled:
AN ORDINANCE TO PERMIT HORSE DRAWN CARRIAGES WITHIN
THE CITY; TO AMEND THE TRANSPORTATION CODE ACCORDINGLY, TO
DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES;
which had been read the first time on October 19, 1999. The Ordinance was read the
second time and left on the calendar for third and final reading on November 19,
1999.
Introduced next was Ordinance No. 18,114,
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF HE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND
FOR OTHER PURPOSES;
(Z -6748 — To rezone 12,001 Kanis Road from 1111-2" Single Family District to 66C -1"
Neighborhood Commercial District.)
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.
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The next presentation was Ordinance No. 18,115, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF MASTER STREET PLAN STREET IMPROVEMENTS
FOR McCORMACK, LOCATED AT 12,001 KANIS ROAD; (Re: Z- 6748 -A)
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.
Consideration was then given to Ordinance No. 18,116, with the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF MASTER STREET PLAN RIGHT -OF -WAY
REQUIREMENTS AND STREET IMPROVEMENTS FOR LANDS PCD,
LOCATED AT 17,201 COLONEL GLENN ROAD; (Z -6721)
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.
Introduced next was Ordinance No. 18,117, 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 DEDICATION
FOR JOHNSON PD -C, LOCATED AT 1908 GREEN MEADOW DRIVE;
(Z- 6744.)
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. 18,118, described as:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED
MOORE — SHORT- FORM PCD (Z -6745) LOCATED AT 17503 LAWSON ROAD
IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF
THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR
OTHER PURPOSES;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being eleven in number and two - thirds or more of the members of the Board of
Directors. A roll call vote was taken on 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.
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Consideration was then given to Ordinance No. 18,119, with the title being:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED
CALDWELL — SHORT -FORM PCD (Z -6746) LOCATED AT 18600 CRYSTAL
VALLEY ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING
CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE
ROCK; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being eleven in number and two - thirds or more of the members of the Board of
Directors. A roll call vote was taken on 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.
Introduced next was Ordinance No. 18,120, entitled:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
65TH STREET WEST PLANNING DISTRICT FROM NEIGHBORHOOD
COMMERCIAL TO SERVICE TRADES DISTRICT; AND FOR OTHER
PURPOSES; (LU99 -12 -02 re: Stagecoach and Shackleford Roads.)
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. 18,121, described as:
AN ORDINANCE APPROVING MODIFICATION TO A PLANNED
ZONING DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF A
PLANNED ZONING DEVELOPMENT TITLED OTTER CREEK VILLAGE
MINI - WAREHOUSES REVISED PC -D (Z- 3454 -T), LOCATED NEAR THE
SOUTHWEST CORNER OF STAGECOACH ROAD AND OTTER CREEK
PARKWAY, IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING
ORDINANCE NO. 17,188 AND CHAPTER 36 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being eleven in number and two - thirds or more of the members of the Board of
Directors. A roll call vote was taken on 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 Ordinance No. 18,122, with the title being:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED DISTRICT COMMERCIAL TITLED
REYNOLDS SHORT -FORM PC -D (Z- 5426 -A) LOCATED AT THE
NORTHWEST CORNER OF STAGECOACH AND SHACKLEFORD ROADS IN
THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF
THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR
OTHER PURPOSES;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being eleven in number and two - thirds or more of the members of the Board of
Directors. A roll call vote was taken on 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.
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Introduced next was Ordinance No. 18,123, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR DEFERRAL OF MASTER STREET PLAN STREET IMPROVEMENTS
FOR REYNOLDS PD -C, LOCATED AT NORTHWEST CORNER OF
STAGECOACH AND SHACKLEFORD ROADS. (Re: Z- 5426 -A.)
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. 18,124, described as:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED
LANDS — SHORT -FORM PCD (Z -6721) LOCATED ON THE NORTH SIDE OF
COLONEL GLENN ROAD, AT ROCKY LANE IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER
PURPOSES;
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.
A public hearing had been scheduled for this time and place by Resolution No.
10,663, adopted October 19, 1999, on the petition filed by Brian Dale of White Daters
Associates on behalf of Chenal Commons, LTD, to vacate and close a portion of Atkins
Street between Chenal Parkway and West Markham Street in Hillvale Addition to the
City of Little Rock. The notice of hearing was published in the Daily Record on October
26, 1999, and November 2, 1999. Mayor Dailey declared the public hearing open at
11:50 o'clock P.M. No one was present who wished to speak on the closure. Mayor
Dailey declared the public hearing closed and consideration was then given to Ordinance
No. 18,125, with the title being:
AN ORDINANCE VACATING AND CLOSING A PORTION OF ATKINS
STREET BETWEEN CHENAL PARKWAY AND WEST MARKHAM STREET
IN HILLVALE 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 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.
A public hearing had been scheduled for this time and place by Resolution No.
10,664, adopted October 19, 1999, on the petition filed by Brian Dale of White Daters
Associates on behalf of L. T. Care Ministries to vacate and close the alley in Block 11,
Worthen and Brown's Addition to the City of Little Rock. The notice of hearing was
published in the Daily Record on October 26, 1999, and November 2, 1999. Mayor
Dailey declared the public hearing open at 11:55 o'clock P.M. No one was present who
wished to speak on the closure. Mayor Dailey declared the public hearing closed and
consideration was then given to Ordinance No. 18,126, with the title being:
AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK
11 OF WORTHEN AND BROWN'S ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS; (Between Jones Street and Union Pacific Railroad.)
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
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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. 18,127, described as:
AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF
COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAG
ENTER INTO A CONTRACT FOR RESIDENTIAL TREATME FORj
WOMEN WITH CHILDREN WITH ARKANSAS CARES; AND FOR HTEIt
PURPOSES; (Not to exceed $28,165.)
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.
Consideration was then given to Ordinance No. 18,128, with the title being:
AN ORDINANCE TO AMEND TITLE II OF CHAPTER 17 OF THE
LITTLE ROCK CITY CODE, 1988, TO CHANGE THE TERMS PRIVILEGE
TAX AND PRIVILEGE LICENSE(S) TO BUSINESS TAX AND BUSINESS
LICENSE(S); AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being eleven in number and two - thirds or more of the members of the Board of
Directors. A roll call vote was taken on 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.
Introduced next was Ordinance No. 18,129, entitled:
AN ORDINANCE AMENDING CHAPTER 32 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR REVISIONS TO PARKING RESTRICTIONS IN ALLEYS AND LOADING
ZONES, AND FOR OTHER PURPOSES;
and the Ordinance was read the second time, having been read the first time on October
19, 1999. Director Keck moved to amend the Ordinance as per the revised copy. The
motion was seconded by Director Adcock and unanimously adopted. The rules were
suspended to provide for the third and final reading of the Ordinance, as amended, 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, as
amended, was declared PASSED.
Item 37 was the next presentation, being Ordinance No. 18,130, described as:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED DISTRICT COMMERCIAL TITLED
JOHNSON SHORT -FORM PD -C (Z -6744) LOCATED AT 1908 GREEN
MEADOW 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;
and the Ordinance was read the first time. Mr. Jim Lawson, Director of Planning and
Development, said staff was concerned about having the PD -C (beauty salon) in the
middle of a residential area. Ms. Rose Johnson, owner, responded to questions
regarding parking and the number of chairs in the beauty shop. After a brief discussion
regarding the Neighborhood Plan, Director Adcock moved to leave the Ordinance on
first reading to allow staff to contact the neighborhood regarding changes to the
Plan. Director Wyrick seconded the motion. The motion failed by the following roll
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call vote: Ayes — Directors Pugh, Stewart, Wyrick, Kelly, and Adcock — total 5; Noes —
Directors Hinton, Lichty, Cazort, Keck, Kumpuris, and Mayor Dailey — total 6. The rules
were then suspended to provide for the second and third readings of the Ordinance, by a
voice vote of 9 ayes and 2 noes (Adcock, Wyrick). A roll call vote was taken on passage
of the Ordinance as follows: Ayes — Directors Pugh, Hinton, Lichty, Keck, Stewart and
Mayor Dailey — total 6; Noes — Directors Cazort, Wyrick, Kumpuris, Kelly, and Adcock
— total 5. Therefore, the Ordinance was declared PASSED.
Consideration was given to Ordinance No. 18,131, 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 STREET IMPROVEMENTS �w
FOR MARTINDALE BAPTIST CHURCH, LOCATED AT 18,900 COLONEL
GLENN ROAD;
and the Ordinance was read the first time, including a waiver of right -of -way dedication.
At the request of Director Adcock, Public Works Director Chandra Waller made a staff
presentation, stating the church is proposing to build an additional building for an activity
center adjacent to the existing church on Colonel Glenn Road. Master Street Plan shows
this as a principal arterial street requiring 55 feet of right -of -way from the centerline. We
currently have 30 feet of right -of -way, therefore, staff is requesting an additional 25 feet
of right -of -way. There was also discussion regarding boundary street improvements.
Boundary street improvements as were offered at the Planning Commission meeting were
15 percent of the construction cost or a deferral. We are also working on waiver of the
boundary street improvements, but we feel it is very important to get the right -of -way. A
franchise could be granted for use of the right -of -way for parking until Colonel Glenn
becomes a major arterial sometime in the future. J. L. Weaver, Pastor of Martindale
Baptist Church, which is located within the extraterritorial jurisdiction of the City of
Little Rock, said the church applied for a Conditional Use Permit to build an additional
building for a Family Life Center. The request for a waiver of right -of -way dedication
and street improvements was denied by the Planning Commission. He asked the Board
of Directors to grant these waivers. The right -of -way dedication would take
approximately half of the existing parking lot and would be too close to the caretakers
house for practical use. Responding to a question by Director Keck, Rev. Weaver said
the 15 percent in -lieu contribution was not acceptable to the church. After a brief
discussion, Director Kelly moved to amend the Ordinance to allow the waiver of
boundary street improvements, but still require right -of -way dedication. The motion
was seconded by Director Lichty. Rev. Weaver said the right -of -way dedication would
be the greatest burden to the church. Director Kelly said that Colonel Glenn Road will be
a major arterial in the future and this right -of -way will be required no matter what. The
motion was adopted by a voice vote of 8 ayes and 3 noes (Keck, Wyrick, and Adcock).
The rules were then suspended to provide for the second and third readings of the
Ordinance, as amended, by voice vote of 9 ayes and 2 noes (Wyrick and Adcock), being
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,
Stewart, Kumpuris, Kelly, and Mayor Dailey — total 8; Noes — Directors Keck, Wyrick,
and Adcock — total 3; Absent — None. Whereupon, Mayor Dailey declared the
Ordinance, as amended, PASSED.
Introduced next was Ordinance No. 18,132, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF MASTER STREET PLAN SIDEWALK
CONSTRUCTION FOR ARKANSAS FARM BUREAU, LOCATED AT 10720
KANIS ROAD; (Deferral of sidewalk construction on Shackleford Road.)
and the Ordinance was read the first time. Public Works Director Chandra Wallar made a
staff presentation, stating the proposal is to construct a child care facility for the
employees. The applicant has agreed to construct certain improvements on Kanis Road
including sidewalk, but has requested deferral of sidewalk construction on Shackleford
Road. Staff recommends denial for three reasons. (1) There is an existing footpath on
Shackleford Road, which indicates pedestrian traffic does already utilize that. (2) There
is connecting sidewalk on Kanis Road and at the "park and ride" which would be very
close to the northern end of the boundary improvements for sidewalk. (3) There is
concern about the ADA requirements because there is an obvious footpath that exists in
the area. The applicant agreed to all of the boundary street improvements except the
sidewalk on Shackleford. Mr. Wes Lowder of Mehlburger Engineers, representing Farm
Bureau, explained the development. The rules were suspended to provide for the second
and third readings of the Ordinance by unanimous vote of the Board Members present,
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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, as amended, was declared PASSED.
Item 40 on the Agenda was Ordinance No. 18,133 described as:
AN ORDINANCE TO DECLARE THAT CHAPTER 30 OF THE LITTLE
ROCK, ARK. REVISED CODE (1988) DOES NOT INCLUDE THE RIGHT TO
REQUIRE CONTRIBUTION FOR TRAFFIC SIGNALS AS A PART OF THE
BOUNDARY STREET IMPROVEMENT ORDINANCE; AND FOR OTHER
PURPOSES. (Re: Westview Medical Addition — Kanis and Centerview)
The Ordinance was read the first time as: "AN ORDINANCE AMENDING CHAPTER
30 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK,
ARKANSAS, PROVIDING FOR A WAIVER OF BOUNDARY STREET
REQUIREMENT FOR TRAFFIC SIGNAL CONTRIBUTION FOR WESTVIEW
MEDICAL ADDITION, LOCATED AT SOUTHWEST CORNER OF KANIS ROAD
AND CENTER VIEW DRIVE." Public Works Director Chandra Wallar made a staff
presentation, stating the applicant has 6.9 acres on the southwest corner of Kanis Road
and Centerview Drive, and proposes to construct a convenience store and a large doctors
clinic. With that there are boundary street requirements which include a traffic signal
because of the impact this large development would have on the intersection. The
Planning Commission did approve the requirement for the traffic signal. Director Wyrick
asked City Attorney Tom Carpenter if it is legal for the City to demand an in -lieu
contribution for a traffic signal. Mr. Carpenter said if the City had within its Ordinance
the requirement for signalization if would be legal, but the City does not have that in its
Ordinance. Director Kumpuris asked Mr. Carpenter how to undo something that was not
legal in the first place. Mr. Robert Vogel said this should never have gone to the
Planning Commission. Staff wanted a private developer to pay for a city improvement.
We gave right -of -way, we gave turn lanes, we did everything possible. Mr. Carpenter
then stated the language as follows: "The Board declares that Chapter 30 of the Code
of Ordinances with certain requirements for streets and sidewalks within the City of
Little Rock does not include an in -lieu contribution toward future traffic signals at
25% of cost." Director Kumpuis moved to amend the Ordinance as stated by Mr.
Carpenter. Director Wyrick seconded the motion, which was unanimously adopted.
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 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, as amended, was declared
PASSED. (Mr. Carpenter said the policy question for the Board now is do you want to
amend your Ordinance to require traffic signalization in appropriate circumstances.
Director Wyrick said the Board had received some information from the City Manager's
Office regarding that issue recently. She had brought this up in an Agenda Meeting, and
asked that a group of people participate in determining when it was appropriate and
when it wasn't appropriate to have the in -lieu payment for traffic lights.)
Item 41 on the Agenda was a proposed Resolution described as: "A
RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO
VACATE AND CLOSE A PORTION OF CANDLEWOOD DRIVE." The Resolution
was withdrawn as noted on the Agenda Modifications No. 2. (See Director Keck's
motion on Page I before Consent Agenda.)
Item 44 on the Agenda was a public hearing regarding the annexation of 11
unincorporated islands to the City of Little Rock, Arkansas. The public hearing had
been set for this time and place by Resolution No. 10,659, adopted October 5, 1999.
Mayor Dailey declared the public hearing open at 1:02 o'clock A.M. Responding to a
question regarding having 11 separate Ordinances, City Attorney Tom Carpenter said that
would require 11 new publications of notice of hearing. If the Board wishes to exclude
certain islands, that can be done by amending the Ordinance. Mr. Don Darnell (7007 E.
Wakefield Drive) said the City needs to get rid of the islands and make them part of the
whole city, and to make sure future annexations do not create islands. Mr. Daivd
Sullivan, regional manager of Mega Fireworks, Inc., said his company has long term
leases on two of the properties under consideration for annexation. These properties are
located near Asher and University and at Chicot and Baseline, and the company operates
retail fireworks outlets on these two properties and has invested over $70,000 for fixed
improvements at these two locations. The company has also ordered over $80,000 worth
of fireworks for the July 2000 season. He urged the Board to vote against annexing these
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properties. Ms. Janet Berry, representing the Legion Hut Neighborhood Association,
said the Association was adamantly opposed to the fireworks stand at Baseline and
Chicot. This neighborhood is plagued with fairly frequent gunfire, and it is difficult to
tell the difference between fireworks and gunfire. We need to get rid of the fireworks
stand in our neighborhood. Mr. Clint Saxton, attorney for Meramec, a specialty,
company in the fireworks business, said the company has two locations, one on the
Coleman property (Section D) and one on Hwy. 10 (Section J). Meramec wants to
continue to operate its business. Mr. Saxton also read letters from Mr. McKellips and
Mrs. Orley (5124 S. Katillus Road) who were opposed to the annexation. Mr. Saxton felt
that if this property is annexed, the business should be grandfathered in as a non-
conforming use and continue to sell fire works. City Attorney Tom Carpenter pointed
out that the sale of fireworks in the City Limits is a criminal offense under our Code. Mr.
Norm Floyd (President of West Baseline Neighborhood Association), said many of these
areas are receiving city services without paying city taxes. Mr. Charlie Coleman,
speaking on behalf of his father W. C. "Buddy" Coleman, displayed an exhibit showing
the location of the Coleman property in Section D. His property is unique in that no city
services are provided to that property now and no services have been requested. This
property is in the flood plain and the only thing it is good for now is to run cows. He
asked that the property be removed from the annexation ordinance. (Also see Minutes of
October 6, 1999 related to Resolution No. 10, 659) Director Wyrick moved to leave this
area out of the annexation, simply because of the type of land it is. Director Keck
seconded the motion. No action was taken on the motion during the public hearing. Mr.
Jim Lawson, Director of Planning and Development, displayed a map of all the islands.
He stated the law was put into effect to bring areas into the City where the property
owner would not annex by petition. He pointed out areas where ten property owners had
signed pre - annexation agreements. He stated that all 11 islands should be annexed,
Director Kelly made comments regarding services and taxes and concluded by saying he
wanted some accurate information regarding costs and revenues for this annexation.
Mayor Dailey declared the public hearing closed at 1:50 o'clock A.M. (NOTE: The
annexation ordinance will be considered on November 16, 1999.)
The last matter to be considered was Item 46, being a proposed Resolution titled:
A RESOLUTION APPROVING THE PURCHASE OF A BILLBOARD
LOCATED ON THE RILEY PROPERTY AT 1000 EAST MARKHAM STREET
WHICH WAS ACQUIRED FOR THE PRESIDENTIAL LIBRARY PARK;
which had been deferred from October 19, 1999. (See Minutes of October 19, 1999 for
discussion.) Director Keck asked who owns the billboard. City Attorney Tom Carpenter
responded that the billboard is owned by Donray Outdoor Advertising, Inc. and Mr. Riley
wants payment for his lost lease revenue. Mr. Carpenter said if the Board wants to do
this, his recommendation would be to amend the original Ordinance to sell the property
to add an amount of money, and a WHEREAS clause for the loss of revenue. Mr.
Jimmy Moses, agent for the City in acquiring property for the Clinton Presidential
Library Park, said his notes reflect that in negotiating the acquisition of the real estate he
was instructed by Betty Riley, the City of Little Rock Real Estate Officer, to expressly
leave out the income stream for the billboard. So we negotiated and arrived at a price
that was approved by the Board of Directors and Mr. Pat Riley (no relation to Betty
Riley) was ultimately paid. There was much conversation throughout the final
negotiation about the pending sale based on the appraised value, which was a separate
appraisal for the income stream. Responding to Mayor Dailey's question, Mr. Moses
said the City does owe something for the billboard. Mr. Carpenter stated that in Mr.
Moses' notes, there was a reference to a comment by Sara Stephens about the income
stream. Mr. Carpenter had spoken with her and the number used as a basis had some
inaccuracies in it because of the square footage for certain lease agreements. The final
number used was $1.5 million from which they negotiated up to $1.835 million, and did
include this stream of revenue calculation for the billboard. If the Board wishes to go
ahead and pay the additional sum, there would be an amended Resolution from the
original Resolution to pay the $1.835 million, so it would be amended to pay $1.89
million. Director Keck moved to amend the original Resolution as stated by Mr.
Carpenter. The motion was seconded by Director Lichty and adopted by a voice vote
of 9 ayes and 2 noes (Kelly and Cazort). The original Resolution will be amended and
considered at the reconvened meeting on November 9, 1999.
City Manager Cy Carney's Activity and Project Report consisted of the RFQ
for annexation consultant.
14
Minutes
November 2, 1999
There being no further business to be presented, the Board of Directors recessed
at 2:00 o'clock A.M. to reconvene on Tuesday, November 9, 1999, at 4:00 o'clock P.M.
to consider a Resolution awarding Emergency Shelter Grant Funds to homeless
providers and the Riley billboard issue.
ATTEST:
City Clerk Robbie Hancock
15
APPROVED:
I
Mayor Jim Dailey
577
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