HomeMy WebLinkAbout11-09-99578
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
November 9, 1999 — 4:05 P.M.
The Board of Directors of the City of Little Rock, Arkansas, reconvened from the
November 2, 1999 regular meeting. Being the immediate past Vice Mayor, Director
Michael Keck presided as Acting Mayor in the absence of Mayor Jim Dailey and Vice
Mayor B. J. (Brenda) Wyrick. City Clerk Robbie Hancock called the roll with the
following Directors present: Directors Pugh, Hinton, Lichty, Stewart, Kelly, and Adcock
- total 6; Absent — Directors Cazort, Wyrick, Kumpuris, and Mayor Dailey — total 4.
With a quorum present, Acting Mayor Keck declared the Board of Directors in
session and announced the purpose of the reconvened meeting was to consider a
Resolution authorizing the City Manager to award Emergency Shelter Grant Funds
to homeless providers and a Resolution regarding the Riley property at 1000 East
Markham Street.
Acting Mayor Keck read a Proclamation which proclaimed November 7 -13, 1999
as National Animal Shelter Appreciation Week in the City of Little Rock. Mrs. Rita
Cavanaugh, Manager of Animal Services, and five employees of the Animal Shelter were
present with two of the shelter dogs. Mayor Harry Light of Cammack Village, who is
also President of the Central Arkansas Rescue Effort for Animals, expressed appreciation
for the work being done by employees of Little Rock Animal Services Division.
(Director Cazort enrolled at 4:07 o'clock P.M.)
Director Adcock moved to add Item 1 on the Agenda Modifications to the
Agenda. The motion was seconded by Director Cazort and unanimously adopted. (See
Resolution No. 10, 704 below.)
Consideration was then given to Resolution No. 10,702, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD
EMERGENCY SHELTER GRANT FUNDS TO HOMELESS PROVIDERS.
(The Gaines House - $17,000; Our House - $12,000, Black Community Developers - $10,000,
Salvation Army - $10,000; Second Genesis Ministry - $10,000, Recovery Centers of Arkansas -
$8,000, Little Rock Community Mental Health - $3,000.)
Following the reading of the Resolution, Director Adcock moved for its adoption. The .
motion was seconded by Director Cazort, and the Resolution was unanimously adopted
by the Board Members present.
The next presentation was Resolution No. 10,703, described as:
A RESOLUTION TO AMEND LITTLE ROCK, ARK., RESOLUTION NO.
10,421 (DECEMBER 1, 1998) TO PAY AN ADDITIONAL $55,000 FOR
INTERESTS IN THE PROPERTY AND LEASES LOCATED IN BLOCK 15 AND
16 OF RUSSELL'S ADDITION TO THE CITY OF LITTLE ROCK, AS PART OF
THE WILLIAM JEFFERSON CLINTON PRESIDENTIAL PARK; TO
AUTHORIZE THE MAYOR, CITY CLERK AND CITY MANAGER TO
EXECUTE ANY NECESSARY DOCUMENTS; AND FOR OTHER PURPOSES.
(Re: Billboard on Pat Riley property at 1000 East Markham Street.)
Following the reading of the Resolution, City Manager Cy Carney stated this action will
resolve the last controversial issue related to this acquisition. (See Minutes of November
2, 1999) There had been some concern about this, but after reviewing the facts, figures,
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November 9, 1999
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comments, and notes, he felt this was the appropriate way to resolve the issue. Director
Adcock then moved for adoption of the Resolution. The motion was seconded by
Director Lichty, and the Resolution was adopted by a voice vote of 7 ayes, 1 no (Director
Kelly) and 3 absent (Directors Wyrick, Kumpuris and Mayor Dailey).
Introduced next was the item listed on the Agenda Modification, being Resolution
No. 10,704 described as:
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO DEPOSIT
JUST COMPENSATION INTO THE REGISTRY OF THE COURT IN ORDER
TO SETTLE THE CONDEMNATION LITIGATION WITH THE OWNERS OF
THE CHOCTAW DEPOT; AND FOR OTHER PURPOSES.
(Property at 1010 East Third Street owned by Dennis & Danny Martindill — also
known as The Edge Nightclub and formerly the Spaghetti Warehouse.)
Following the reading of the Resolution, Director Adcock moved for its adoption. The
motion was seconded by Director Hinton, and the Resolution was unanimously adopted
by the Board Members present.
Acting Mayor Keck then questioned the action taken by the Board of Directors
at its regular meeting on November 2, 1999, regarding Martindale Baptist Church
located at 18,900 Colonel Glenn Road, which is outside the City Limits but within the
five mile extraterritorial jurisdiction of the City. (Note: The Church had requested a
waiver of right -of -way dedication and street improvements required by the City in order
to obtain a Conditional Use Permit to build an activity building on its property. The
Board of Directors considered the waiver at the November 2, 1999 meeting. Staff
recommended denial, but after some discussion agreed to the waiver of street
improvements only, explaining the importance of obtaining the right -of -way dedication.
The Board then amended the proposed Ordinance to waive the requirement for street
improvements, but right-of-way dedication on Colonel Glenn Road was still required.
See Ordinance No. 18,131 of November 2, 1999.) Acting Mayor Keck asked City
Attorney Tom Carpenter if the City can require the right -of -way dedication under current
City ordinances. Mr. Carpenter explained that the City has been exercising
extraterritorial jurisdiction by State Statute for almost 40 years. There are certain things
the City can do outside the City limits. The Ordinances the City uses for mandating right -
of -way dedication essentially deal with rezoning requests. There is language in the
Conditional Use process that talks about other appropriate conditions being required in
order for a Conditional Use Permit to be granted. Mr. Carpenter stated that Rev. Weaver
had contacted him after the last meeting and raised some questions about the language of
the Ordinances under which we were operating. Mr. Carpenter then reviewed the
Ordinances and came to the conclusion that the City probably could extraterritorially
request right -of -way dedication for Conditional Use Permits, but the Ordinances in their
current state really don't clearly make that the case. Therefore, this particular right -of-
way request was not appropriate. There is really only one Ordinance that deals with right -
of -way dedication, and its language limits itself to developments within the City. He then
suggested that at the meeting on November 16, 1999, the Board formally repeal
Ordinance No. 18,131. During the discussion, some of the Directors wanted to take
action immediately by expunging the vote taken on November 2, 1999. City Manager Cy
Carney urged the Board to take no immediate action and give staff the opportunity to look
at the proposal and its impact on other cases. Mr. Jim Lawson, Director of Planning and
Development, said staff was working under the belief that the City had the authority to
require right -of -way dedication with Conditional Use Permits. Rev. J. L. Weaver, pastor
of Martindale Baptist Church, and about twenty church members were in attendance.
Rev. Weaver read from certain sections of Ordinance No. 14,518 which referred to
developments "within the city" and asked if there was an Ordinance that pertains to those
in the "extraterritorial zone." Directors Hinton and Kelly recommended giving Mr.
Carpenter time to prepare an Ordinance repealing Ordinance No. 18,131, and to
determine what changes should be made to current policy. Director Stewart moved to
reconsider the previous vote, and Director Pugh seconded the motion. The motion
failed by the following roll call vote: Ayes — Directors Pugh, Stewart and Acting Mayor
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November 9, 1999
Keck — total 3; Noes — Directors Hinton, Lichty, Cazort, Kelly, and Adcock — total 5;
Absent — Directors Wyrick, Kumpuris, and Mayor Dailey — total 3. There was a
subsequent motion by Director Kelly, seconded by Director Lichty, to add to the
November 16, 1999 Agenda as the first item after the Consent Agenda an Ordinance
to repeal Ordinance No. 18,131. The motion was unanimously adopted.
There being no further business to be presented, the reconvened meeting was
adjourned at 4:40 o'clock P.M. with the Board of Directors to meet again in regular
session on Tuesday, November 16, 1999, at 6:00 o'clock P.M.
ATTEST:
City Clerk Robbie Hancock
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Acting Mayor Michael Keck