HomeMy WebLinkAbout11-16-99Board of Directors Room
City Hall — 500 W. Markham
Little Rock, Arkansas
November 16, 1999 — 6:05P.M.
ZJ 6, 1
The Board of Directors of the City of Little Rock, Arkansas, met in regular
session with Vice Mayor B. J. (Brenda) Wyrick presiding until the arrival of Mayor
Dailey. City Clerk Robbie Hancock called the roll with the following Directors present:
Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Kelly, and Adcock — total 8;
Absent — Director Kumpuris and Mayor Dailey — total 2.
With a quorum present, Vice Mayor Wyrick declared the Board of Directors in
session and the proceedings of the meeting are recorded as follows.
The Invocation was given by Director Keck, followed by the Pledge of
Allegiance.
Vice Mayor Wyrick recognized members of Boy Scout Troop 7 who were
attending the Board Meeting to earn Citizenship Badges and Community Merit Badges.
The Dunbar Garden Project update was given by Mr. Phillip Bullard, a Parks
Department employee who works at the Dunbar Garden Project, and two students. The
Project offers hands -on gardening activities to students at the two adjacent schools —
Dunbar Middle School and Gibbs Elementary School. The Project also offers
community gardening opportunities to people that live or work in the neighborhood.
Every summer there is a jobs program made possible through the Prevention,
Intervention, and Treatment Summer Grants.
Mr. Rick Caldwell made a presentation regarding Sharefest 1999, explaining
that over 100 churches in Little Rock and North Little Rock will be involved in a
community service this weekend to improve our community (clean-up, painting,
repairing, landscaping, etc.).
Agenda Items 10, 20 and 24 were deferred until December 7, 1999. Therefore, no
action was taken on the following:
(10) AN ORDINANCE TO PERMIT HORSE DRAWN CARRIAGES WITHIN
THE CITY; TO AMEND THE TRANSPORTATION CODE
ACCORDINGLY; TO DECLARE AN EMERGENCY; AND FOR OTHER
PURPOSES. (Third reading deferred to December 7, 1999.)
(20) AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS,
CONCERNING WIRELESS COMMUNICATIONS FACILITY
REGULATIONS; PROVIDING FOR MODIFICATION OF THE
LANDSCAPING AND SCREENING PROVISIONS OF ARTICLE XII;
AND FOR OTHER PURPOSES. (Deferred to December 7, 1999.)
(24) AN ORDINANCE AMENDING CHAPTER 8 OF THE LITTLE ROCK
REVISED CODE (1988) TO REQUIRE SURETY BONDS OF
CONTRACTORS AS A CONDITION OF THE ISSUANCE OF A
BUILDING PERMIT; AND FOR OTHER PURPOSES. (Deferred to
December 7, 1999.)
Consideration was then given to the Consent Agenda, which consisted of the
following:
(1) Approval of the Minutes of the Board of Directors regular meeting held
June 15, 1999, and the special meeting held June 29, 1999.
(2) Resolution No. 10,705, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
AUTHORIZE GC &C TRANSPORTATION TO OPERATE FIVE (5)
ADDITIONAL VANS FOR NON - EMERGENCY MEDICAL
TRANSPORTATION.
' Minutes
November 16, 1999
(3) After a brief discussion, Resolution regarding pedestrian/bike path at Two
Rivers Park was removed from Consent Agenda. (See discussion following Consent
Agenda and also Resolution No. 10, 706 on page 4.)
Upon a motion and second by Directors Adcock and Cazort, respectively, the Consent
Agenda was unanimously adopted by the Board Members present.
The next presentation was Item 3, which had been removed from the Consent
Agenda, being a proposed Resolution described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO CONTRACT WITH CROW PAVING, INC. IN THE AMOUNT OF
$86,640.08 FOR CONSTRUCTION SERVICES TO INSTALL A TWELVE FOOT
(12') WIDE, TWO (2) MILE LONG PEDESTRIANBIKE PATH AT TWO
RIVERS PARK.
Following the reading of the Resolution, Mr. Don Darnell spoke in opposition to
spending the money on a bike path when there are so many streets needing repairs. He
felt the $86,000 would be better spent in repairing pot holes in the streets. Ms. Dee
White was also opposed to using $86,000 to build a bike path. She played a 30 second
video showing trees being cut for park improvements. She felt the money could be better
used to keep the restroom facilities open at some of the City parks. Director Adcock
moved to defer the Resolution until City Manager Cy Carney could get some answers to
her questions regarding the floodway /floodplain. Director Stewart seconded the motion
The motion failed to receive the required 6 votes by the following roll call vote: Ayes —
Directors Pugh, Hinton, Stewart, Adcock, and Vice Mayor Wyrick — total 5; Noes —
Directors Lichty, Cazort, Keck, and Kelly — total 4; Absent — Director Kumpuris and
Mayor Dailey — total 2. Director Cazort then moved to adopt the Resolution and
Director Lichty seconded the motion. In response to a question by Director Lichty, Mr.
Carney explained the commitment of the City and County on this joint venture. The
motion failed to receive the required 6 votes by the following roll call vote: Ayes —
Directors Hinton, Lichty, Cazort, Keck, and Kelly — total 5; Noes — Directors Pugh,
Stewart, Adcock, and Vice Mayor Wyrick — total 5; Absent — Director Kumpuris and
Mayor Dailey — total 2. Director Keck then changed his vote to a no vote, stating he
would bring up the issue after Mayor Dailey arrives. Director Adcock asked why no
Parks & Recreation staff person was present to answer questions. Mr. Carney responded
that since no questions were asked at the Agenda Meeting, and the Resolution was in the
Consent Agenda, it was assumed there would be no questions. (See discussion and
Resolution No. 10, 706 on page 4.)
Introduced next was Ordinance No.18,134, entitled:
AN ORDINANCE TO REPEAL LITTLE ROCK, ARK., ORDINANCE NO.
18,131 (NOVEMBER 2, 1999) WHICH REQUIRES RIGHT -OF -WAY
DEDICATION BY THE MARTINDALE BAPTIST CHURCH; TO DIRECT
STAFF TO DRAFT APPROPRIATE ORDINANCES ON THE ISSUE OF RIGHT -
OF -WAY DEDICATION; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. (See Minutes of November 2, 1999, for lengthy
discussion.) The rules were suspended to provide for the second and third readings of the
Ordinance by unanimous vote of the Board Members present, being nine in number and
two - thirds or more of the members of the Board of Directors. Director Keck wanted to
make certaom this Ordinance does away with the requirement for right -of -way dedication
by Martindale Baptist Church. City Attorney Tom Carpenter responded that in this
instance for this permit it does. Director Lichty asked if this will present a problem for
the City in the future relative to Martindale Baptist Church. City Attorney Tom
Carpenter said exemption is for this permit for this building only. Rev. J. L. Weaver,
Pastor of Martindale Baptist Church, expressed his thanks to Mr. Carpenter and staff for
willingness to research City Ordinances and the Board for a positive vote. He said there
is a need for a representative of the extraterritorial zoning area on the Planning
Commission. A roll call vote was then taken of passage of the Ordinance as follows:
Ayes — Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kelly and
Adcock — total 9; Noes — None; Absent — Director Kumpuris and Mayor Dailey — total 2. �.
Whereupon, the Ordinance was declared PASSED.
Item 5 on the Agenda was a reconsideration of the vote on Ordinance No.
18,108 (October 19, 1999) vacating and closing a portion of Rivercrest /Candlewood
Drive in Candlewood Subdivision of the City of Little Rock. Item 6 on the Agenda was a
Resolution setting the date of hearing for December 7, 1999, on the petition to vacate
and close the remaining portions of the right -of -way of Candlewood Drive. (See
Minutes of October 19, 1999 and October 23, 1999) Director Keck asked if there had
been a meeting between all parties involved, as he had requested at the Agenda Meeting.
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Minutes
November 16, 1999
City Attorney Tom Carpenter said he met with Mr. Doug Robertson (attorney for Mr. Joe
Whisenhunt) on Friday and with Mr. Herb Rule (attorney for Char -Beck Trust) on
Monday, but had not set down with everyone at one time and in one place. Director
Keck then asked that this item be deferred until later in the meeting to give parties
opportunity to meet to discuss what is being done and to reach a clear agreement or
disagreement. Director Cazort said it was his understanding the Board had already voted
to reconsider. Mr. Carpenter said pursuant to State Statue the street closure takes place
30 days after passage of the Ordinance if there has not been a challenge filed. His advice
was to vote on the Ordinance tonight. Director Keck wanted to hear from the two parties
involved. Director Adcock then moved to hold these two issues until Mayor Dailey
arrives later in the meeting and asked the parties to recess to the Board Office to
discuss the issues. The motion was seconded by Director Hinton and adopted. The
motion was adopted by the following roll call vote: Ayes — Directors Pugh, Hinton,
Keck, Kelly, Adcock and Vice Mayor Wyrick — total 6; Noes — Directors Lichty, Cazort,
and Stewart — total 3; Absent — Director Kumpuris and Mayor Dailey — total 2.
(Continued on page 5.)
(Mayor Dailey enrolled at 6:55 o'clock P.M. and presided for the remainder
of the meeting.)
Item 7 on the Agenda was a proposed Ordinance, entitled:
AN ORDINANCE ACCEPTING THE ANNEXATION OF 11 ISLANDS TO
THE CITY OF LITTLE ROCK, ARKANSAS.
(NOTE: The public hearing on the island annexation was held on November 2, 1999.)
Mr. Jim Lawson, Director of Planning and Development, displayed a map showing the 11
islands and made a brief presentation. Mr. Charles Coleman, representing his father,
Buddy Coleman - owner of property in one of the islands, said we have not focused on
the statue that allows you to annex land into the City. He distributed copies of the statute,
A.C.A Section 14 -40 -501 and Section 14 -40 -302 and addressed the issues. City Attorney
Tom Carpenter responded to questions by Director Lichty. Those registered to speak on
the annexations were Don Darnell, Janet Berry (Ligion Hut Neighborhood
Association), Troy Laha (Chairperson of the Southwest United for Progress), and Kevin
Bailey (General Manager of TEA Enterprises). Ms. Berry said the neighborhood is
opposed to a fireworks stand on one of the islands in that area, and urged the annexation
of the island in order to get rid of the fireworks stand. Mr. Laha also urged the Board to
annex the islands containing fireworks stands, in order to get rid of them since the sale
and use of fireworks are prohibited in the city limits. Mr. Bailey said TEA does own
property on Mabelvale Pike in parcel D, but does not sell fireworks on that property. The
fireworks sales occur on property the company leases from Mr. Coleman. TEA also
leases a piece of property in parcel J. Mr. Bailey said if these properties are annexed
there would be a valid reason for them to be grandfathered in as nonconforming uses. If
TEA is not allowed to continue the fireworks stands on the annexed property, that would
be a taking of the property. Mr. Carpenter said the non - conforming use of the property
would be for seasonal sales; therefore, it would not be a taking because the company has
not been deprived of all economic value of the property. But fireworks could not be sold
on the property because fireworks are prohibited in the City of Little Rock. Responding
to a question by the Board, Mr. Coleman said the sign located on the former Asher Drive -
In location is not on Coleman property. Mr. Coleman referred to the question of whether
Mr. Buddy Coleman would agree to prohibit the sale of fireworks on his property if it
was removed from the island annexation ordinance. He was concerned about the liability
of that because of the long term leases with TEA for the sale of fireworks on the property.
Mr. Carpenter said he didn't think the City could demand that an individual break a lease
agreement. He said if the Board wished to exclude the Coleman property from the island
annexation, the Ordinance would need to be amended before its third reading. If the
desire is to annex the remainder of the island on Mabelvale Pike, then the annexation
process would need to start all over for that particular property with a new property
description, new notice, etc. Following the lengthy discussion, Director Keck moved to
strike Area D from the Ordinance. Director Cazort seconded the motion. The motion
failed by the following roll call vote: Ayes — Directors Cazort, Keck, Stewart, Wyrick,
and Adcock — total 5; Noes — Directors Pugh, Hinton, Lichty, Kellyt, and Mayor Dailey —
total 5; Absent — Director Kumpuris — total 1. The Ordinance was then read the first
time. Director Kelly pointed out that he would be voting for the annexation but in
reviewing the staff report on the revenue versus the expenses, he considered it to be full
of inaccuracies and will expand on those on November 23, 1999, when discussing the
Chenal Annexation. There was a motion by Director Lichty, seconded by Director Pugh,
to suspend the rules to provide for the second reading of the Ordinance. The motion
failed to receive the required eight votes by the following voice vote: Ayes — Directors
Pugh, Hinton, Lichty, Stewart, Wyrick, Kelly, and Mayor Dailey — total 7; Noes —
ry
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Minutes
November 16, 1999
Directors Cazort, Keck, and Adcock — total 3; Absent - Director Kumpuris — total 1.
Whereupon, the Ordinance was left on the calendar for second reading on December
7, 1999.
Item 8 on the Agenda was a proposed Ordinance, described as:
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 read the second time, having been read the first time on November 2, 1999.
Mayor Paul Halley of Bryant, Arkansas, was present with a delegation of citizens of
Bryant that were concerned about the proposed water rate increase. Mayor Halley said
they felt the increase was a little high as it translates to the City of Bryant. The rates for
Bryant will go up approximately 90% for the year 2000 and over 100% for the year 2001.
He asked the Board of Directors to consider a reduction in the proposed rate increase for
the City of Bryant to make it more equitable. The increase for Bryant appears to be
higher than others. Ms. Rae Ann Fields, Executive Director of the Bryant Chamber of
Commerce, also expressed concern about the excessive rate increase. Mr. Jim Harvey of
Little Rock Municipal Water Works is supposed to meet with them next week to explain
the rate increase. Responding to a question by Director Kelly, Mr. Jim Harvey,
Executive Director of the Little Rock Municipal Water Works, stated the proposed rate
adjustment does not include future funding sources. The reserve fund is for future
source. This is a five year plan with a two step adjustment. The proposed Ordinance was
left on the calendar for third and final reading on December 7, 1999.
At 7:55 o'clock P.M. the discussion continued related to Item 3 on the Agenda.
(See page 2.) Mr. Bryan Day, Director of the Parks & Recreation Department, who
arrived after watching the meeting at home and hearing the questions, apologized for not
being present when the item was discussed earlier in the meeting. He said he assumed
that since it was in the Consent Agenda and there were no questions at the Agenda
Meeting, he would not need to be present to answer questions. Mr. Day displayed a map
of Two Rivers Park, stating this is a joint project between the City of Little Rock and
Pulaski County. This is over 1000 acres of undeveloped natural land on the old Penal
Farm property at the end of County Farm Road. He explained how the plans for this
project had developed since the late 1980's. This will be an environmental education
park that is strictly passive recreation and this is the first phase of the City's obligation to
that project. This is a low bid project and the money is available in the 1995 Capitol
Improvements Revenue Bond Project. Responding to questions by Director Adcock, Mr.
Day said this is on City property and stated we will not be building any structures in the
floodway /flood plain. Mr. Bob Turner, Assistant Director of Public Works, explained
that the floodway is the creek itself, and the flood plain is the area beyond the creek. You
can develop inside the flood plain by doing certain things. A flat surface such as a road
or sidewalk can be built in the floodway because it does not create an obstruction to raise
the water level or block the flow. Mr. Day stated that most park land is in the flood plain
or flood way because, unfortunately, that is the type of land we are able to acquire
because it can't be developed for neighborhoods or commercial property. Director Keck
then moved to reconsider the Resolution. (Seepage 2.). The motion was seconded by
Director Lichty and adopted by a voice vote of 9 ayes and 1 no (Director Adcock).
Resolution No. 10,706 was then presented, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO CONTRACT WITH CROW PAVING, INC. IN THE AMOUNT OF
$86,640.08 FOR CONSTRUCTION SERVICES TO INSTALL A TWELVE FOOT
(12') WIDE, TWO (2) MILE LONG PEDESTRIANBIKE PATH AT TWO
RIVERS PARK.
Following the reading of the Resolution, Director Cazort moved for its adoption.
Director Lichty seconded the motion, and the Resolution was adopted by a voice vote of
9 ayes, 1 no (Director Adcock), and 1 absent (Director Kumpuris).
Mayor Dailey declared a ten minutes recess at 8:10 o'clock P.M. The Board of
Directors reconvened at 8:35 o'clock P.M. with Mayor Dailey presiding and nine
Directors present. (Director Kumpuris was absent.)
Item 9 on the Agenda was a proposed Ordinance entitled:
AN ORDINANCE TO MAKE IT ILLEGAL TO BUTCHER OR
SLUGHTER ANIMALS WITHIN THE CITY OUTSIDE OF A PROPERLY
ZONED SLAUGHTERHOUSE; TO DECLARE AND EMERGENCY; AND FOR
OTHER PURPOSES;
4
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Minutes
November 16, 1999
which was read the first time on October 19, 1999, and the second time on November 2,
1999. Mr. Don Darnell asked if a successful hunter is dressing his game in the back
yard, instead of "inside the home" as stated in the ordinance, is that o.k. Mr. Carpenter
said no. His understanding was that most animals are dressed in the field anyway. Mr.
Darnell said the custom has been to hang and dress deer in the yard. Mr. Carpenter said
the way this is drafted, a person would not be able to dress any animal for food outside.
In conclusion, Mr. Darnell said there are those in our community that have customs and
ways different from us and urged the Board to tolerate those that have different customs
if it wants diversity. Director Keck then moved to strike the phrase "within a home."
Director Stewart said there is a group of people whose culture is totally different and that
is the way they do things in their country. There has not been a lot of reaching out to
them. We need to reach out and educate them on the way we do things. We need to talk
about these things and not create another law. Director Hinton said the people that were
doing this were killing the animals because they needed some food; this was not a
cultural thing. Mr. Jim Lawson, Director of Planning and Development, said a member
of his staff had talked with the people and told them they would have to get rid of the
animals and that's what they did. They didn't understand they couldn't slaughter them.
Since then we have explained they couldn't slaughter the animals on their property, and
they don't have a problem with that. Director Adcock moved to amend the Ordinance
to add the phrase: "in an area away from public view." Director Cazort seconded the
motion. The motion failed by a voice vote of 3 ayes (Directors Hinton, Cazort, and
Adcock), 7 noes, and 1 absent (Director Kumpuris). Director Keck then moved to
amend the Ordinance as revised by the City Attorney and distributed before the
meeting. Director Cazort seconded the motion which was unanimously adopted. The
Ordinance, as amended, was then read the third and last time. A roll call vote was taken
on passage of the Ordinance, as amended, as follows: Ayes — Directors Hinton, Kelly and
Adcock — total 3; Noes — Directors Pugh, Lichty, Cazort, Keck, Stewart, Wyrick and
Mayor Dailey — total 7; Absent — Director Kumpuris — total 1. Mayor Dailey announced
that the Ordinance had FAILED.
At 9:00 o'clock P.M. the Board of Directors continued the discussion regarding
Items 5 and 6 on the Agenda related to the Candlewood Drive street closure. (Seepages
2 and 3.) Mr. Jim Lawson, Director of Planning and Development, displayed a map of
Candlewood Drive and gave a brief overview. On May 5, 1998 Rivercrest
Drive /Candlewood Drive was removed from the Master Street Plan so that it would not
connect into the Walton Heights /Candlewood Subdivision No. 2 area. He pointed out the
area of Candlewood Drive that was closed at the request of Char -Beck Trust, by
Ordinance No. 18,108 on October 19, 1999. The closure was ten feet above the north
line of the property owned by Mr. Joe Whisenhunt, Sr. Candlewood Drive is already
built from Cantrell Road north to the Kroger Store and has been dedicated. Staff would
like to keep it open, and would like for the Board to support the closure of Candlewood
Drive as petitioned by Char -Beck Trust and closed by Ordinance 18,108. These are two
different issues. At the request of Director Adcock, Mr. Bob Turner, Assistant Director
of Public Works, explained the water flow from the top of the ridge. Mayor Dailey then
asked if the two parties had reached an understanding. (See discussion on Page 2.) Mr.
Herb Rule, the attorney representing Char -Beck Trust, said no agreement had been
reached. Mr. Doug Robertson, the attorney representing Mr. Joe Whisenhunt, Sr., said
they are close to an agreement but there are still a few issues to be worked out. Mr. Gary
Liles, a member of the Board of Directors of the Walton Heights /Candlewood
Homeowners Association, said the Association supports the abandonment that has
already taken place and had not taken a position of the other abandonment to be
considered in two weeks. Mr. Joe Whisenhunt said they have tried to resolve the issue.
Mr. Whisenhunt said he had spent a significant amount of money on drainage, off -site
improvements on Highway 10, etc. with the understanding that he would eventually be
able to hook on to this public road that would take us up to Ridgecrest. But things
change. He was concerned about the management of the drainage on the Char -Beck
property since the developer didn't know how the property would be developed. Mr.
Whisenhunt asked to be allowed to abandon his portion of Candlewood Drive and he
would work with the Char -Beck developer to provide necessary easements predicated
upon the agreement that the streets would be built to City standards so that the drainage
flow would not be increased to an unmanageable condition on his property. He had
asked that the Char -Beck developer extend the pavement on Candlewood Drive from
where it ends on Mr. Whisenhunt's property up to his north property line so they could
hook on to it from there. There is a hang -up on that. Responding to a question by
Director Lichty, Mr. Turner said the construction of the street itself would not be exempt
from City drainage standards, but that each individual five acre tract would be exempt.
Generally, a five acre tract with a single house does not produce an excessive or
significant amount of runoff. Mr. Joe Whisenhunt, Jr. said the street was built with
100% of the improvements. Director Lichty wanted to be sure the developer would make
a commitment to provide the required drainage as would be required if it were a City
subdivision. Mr. Ken Shollmier agreed that upon completing the purchase of the Char -
Beck property he would abide by the Little Rock stormwater retention ordinance in the
i
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construction of the streets leading into and through the subdivision so as not to put any
additional excess water on the downstream Whisenhunt property. Following the lengthy
discussion, Ordinance No. 18,108 was again read for the third time and was
unanimously adopted by the Board Members present. (See Minutes of October 19,
1999.)
Introduced next was Item 6, being Resolution No. 10,707, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND ABANDON THE REMAINING PORTIONS OF
THE RIGHT -OF -WAY OF CANDLEWOOD DRIVE, A STREET WITHIN THE
CITY OF LITTLE ROCK, ARKANSAS, PURSUANT TO AUTHORITY UNDER
ARK. CODE ANN. 14-54 -104 (MICHIE 1987); (December 7, 1999.)
(See discussion related to Ordinance No. 18,108 above.) Following the reading of the
Resolution, Director Cazort moved for its adoption. The motion was seconded by
Director Adcock, and the Resolution was unanimously adopted.
The next presentation was Ordinance No. 18,135, was described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND
FOR OTHER PURPOSES;
(Z -6749 — To rezone property located at 2300 Andover Court from "MF -18"
Multifamily District of 110-3" General Office 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 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. Therefore, the Ordinance was declared PASSED.
Consideration was then given to Ordinances No. 18,136, 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 COMMERCIAL STREET IMPROVEMENTS FOR
DASSAULT FALCON JET LOCATED 3801 EAST 10TH STREET;
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. Therefore, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 18,137, entitled:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
I -630 PLANNING DISTRICT FROM SINGLE FAMILY TO MIXED USE
DISTRICT; AND FOR OTHER PURPOSES; (Re: 3023 West 7`h Street.)
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. Therefore, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 18,138, entitled:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
PINNACLE PLANNING DISTRICT FROM SINGLE FAMILY TO OFFICE;
AND FOR OTHER PURPOSES; (Re: 6400 Patrick Country Road.)
Minutes 5_87
November 16, 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. Therefore, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 18,139, described as:
AN ORDINANCE DISSOLVING SEWER IMPROVEMENT DISTRICT
NO. 140 OF LITTLE ROCK, ARKANSAS; AND PRESCRIBING OTHER
MATTERS PERTAINING THERETO;
(Located in Westwood Heights, an unrecorded subdivision in the area of Standish,
Thrush, Robin, Wren, and Cardinal Roads, and Woodlawn Heights, Lots 1 -25.)
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. Therefore, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 18,140, with the title being:
AN ORDINANCE WAIVING COMPETITIVE BIDS AND AUTHORIZING
THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE ENSTAR
NETWORKING CORPORATION IN THE AMOUNT OF $19,990.75 TO
PURCHASE A SECURE FIREWALL SOFTWARE PRODUCT FOR
CONNECTIVITY TO THE STATE'S NEW ARKANSAS CRIME
INFORMATION SYSTEM;
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. Therefore, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 18,141, described as:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
COLLEGE STATION /SWEET HOME PLANNING DISTRICT FROM SINGLE
FAMILY, MULTIFAMILY, COMMERCIAL, PUBLIC INSTITUTIONAL AND
PARK/OPEN SPACE TO SINGLE FAMILY, LOW DENSITY RESIDENTIAL,
MIXED USE, PUBLIC INSTITUTIONAL AND PARK/OPEN SPACE; AND FOR
OTHER PURPOSES.
Mr. Tony Bozynski, Assistant Director of Planning & Development, explained the
proposal, stating there are two related issues involving the College Station community.
One is to amend the Land Use Plan for the area and the other is to establish zoning
districts in this area which is outside the City Limits but within the three mile
extraterritorial jurisdiction of the City of Little Rock. These are a follow up to a
Resolution adopted in October 1998 in support of the Planning Commission's
recommendation to extend sewer service to the College Station Community and to
implement zoning. Staff has been working with the community through the College
Station Redevelopment Coalition. Responding to questions by the Board, Mr. Bozynski
stated the zoning ordinance would apply to this area, but building permits would not be
required. The ordinance would be enforced based upon complaints or when Code
Enforcement Officers see something that is in violation. Mr. Austin Porter, Jr.,
Chairperson of the College Station Redevelopment Coalition, spoke in support of the two
issues. State Representative Wilma Walker spoke in support and urged the Board to
vote yes. Mr. Christopher King, 3821 Southern, spoke in opposition to the two issues,
stating many of the residents don't want to be told what to do with their property and the
community does not support the two issues. The Ordinance was then 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 passage of
the Ordinance as follows: Ayes — Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart,
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November 16, 1999
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. 18,142, entitled:
AN ORDINANCE TO ESTABLISH ZONING DISTRICTS IN THE
COLLEGE STATION COMMUNITY WHICH IS OUTSIDE OF BUT WITHIN
THREE MILES OF THE CORPORATE LIMITS OF THE CITY OF LITTLE
ROCK (EXTRATERRITORIAL ZONING), TO MAKE THE CITY'S
COMPREHENSIVE ZONING REGULATIONS APPLICABLE THERETO,
AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF
LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. (See discussion related to Ordinance No.
18,141 above.) The rules were suspended to provide for the second and third readings of
the Ordinance by unanimous vote of the Board Members present, being 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. 18,143, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND
FOR OTHER PURPOSES;
(Z -6616 — To rezone property located at 407 East 215' Street from "R -4" Two Family
Residential District to "C -3" General 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 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.
Item 21 on the Agenda was a proposed Ordinance entitled:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
GEYER SPRINGS WEST PLANNING DISTRICT FROM SINGLE FAMILY TO
LIGHT INDUSTRIAL; AND FOR OTHER PURPOSES; (Re: 8806 Mabelvale
Pike.)
and the Ordinance was read the first time. Mr. Jim Lawson, Director of Planning and
Development, made a staff presentation and responded to questions. The applicant will
have to come back to the Board of Directors to get the property rezoned. Director Lichty
asked Mr. Lawson if Service Trades District designation was considered for this property.
He felt that would make a good transition and open up the possibility for the applicant to
do what he may want to do. Mr. Terrance Dolan, applicant, said he is interested in
industrial zoning for light industrial supply distribution and also possibly doing business
with the Arkansas Highway Department. The property is large enough and buffered well
enough to be a very good neighborhood situation for everyone. Mr. William A. Tully,
Jr., 8804 Mabelvale Pike, read a prepared statement in opposition to the Land Use Plan
amendment. Mr. Tully lives adjacent to the property and felt the property should be park
and open space and purchased by the City for development of a nature park. He asked
that his property be excluded from the Land Use Plan amendment and that the change
from single family to light industrial be denied. Director Adcock asked for a report from
Public Works regarding the long history of this property. Director Lichty wanted to
know what portions of the property would be in the floodway and floodplain. The
Ordinance was left on the calendar for second reading on December 7, 1999.
A public hearing had been scheduled for this time and place by Resolution No.
10,679, adopted November 2, 1999, on the petition filed by Mr. Bob Stewart of Pro
Window and Door, Inc. to vacate and close Cedar Street between West 30`h and West
31" Streets in Dickinson Mill Addition to the City of Little Rock. (NOTE: Mr. Stewart
had petitioned to close the street in 1997, but withdrew the petition. See Minutes of July
1, 1997 and July 8, 1997.) The notice of hearing was published in the Daily Record on
November 9, 1999, and November 16, 1999. Mayor Dailey declared the public hearing
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November 16, 1999
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•
open at 10:45 o'clock P.M. No one was present who wished to speak on the closure.
Mayor Dailey closed the public hearing and Ordinance No. 18,144 was introduced, with
the title being:
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF
CEDAR STREET BETWEEN WEST 30TH AND WEST 31sT STREETS IN
DICKINSON MILL ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being ten in number and two - thirds or more of the members of the Board of
Directors. A roll call vote was taken on 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 Resolution No.
10,680, adopted November 2, 1999, on the petition filed by Mr. Fred Gray on behalf of
Artist Place, LLC, to vacate and close the portion of the alley abutting Lots 4, 5, 6, 7,
8 and 9 in Block 59, Original City of Little Rock, Arkansas. The notice of hearing was
published in the Daily Record on November 9, 1999, and November 16, 1999. Mayor
Dailey declared the public hearing open at 10:48 o'clock P.M. Mr. Gray explained the
project, stating that Artist Place, LLC. had purchased Park Place Apartments in July. The
building had been vacant for 1 -1/2 years, since the roof had been burned off. The vacated
alley would be used for parking and access to the property. The City Clerk noted that the
Ordinance title included the Emergency Clause, which is unusual. Mr. Carpenter said the
Ordinance would not take effect for thirty days; therefore, the Emergency Clause was not
needed. Mr. Gray said he included the Emergency Clause because they could not apply
to the Historic District Commission until they owned the property, so they were
attempting to own the property as quickly as possible. Mayor Dailey closed the public
hearing and Ordinance No. 18,145was introduced, with the title being:
AN ORDINANCE VACATING AND CLOSING THE SOUTH ONE HALF
OF THE ALLEY IN BLOCK 59 OF THE ORIGINAL CITY OF LITTLE ROCK,
ARKANSAS. (Abutting Lots 4, 5, 6, 7, 8 and 9.)
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 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.
At 10:55 o'clock P.M. Director Pugh moved to waive the rules and extend the
meeting beyond 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,
Keck, Stewart, Wyrick, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None;
Absent — Director Kumpuris — total 1.
Item 25 on the Agenda was a proposed Resolution entitled:
A RESOLUTION TO REQUIRE PUBLIC HEARINGS OF THE
PROPOSED CITY BUDGET FOR THE YEAR 2000, TO DOCUMENT HOW
REVENUES DESIGNATED AS FUTURE- LITTLE ROCK AND OTHER
REVENUES ARE SPENT; TO TELEVISE BUDGET WORKS SESSIONS; AND
FOR OTHER PURPOSES.
Following the reading of the Resolution, Mrs. Elizabeth Plowman, 62 Cimarron Valley
Circle, urged the Board to affirm Director Stewart's resolution to require public hearings
on the 2000 Budget. She said a significant number of citizens have real questions.
Director Stewart said she believed this Resolution was a step in the right direction to
begin building the trust of the citizens of Little Rock. Going into the community to
explain the budget is a way to be accountable to the citizens. She asked Mr. Dan
Russell, a professor of political science at Springfield College in Massachusetts, to
explain to the Board of Directors why it is important to take this out into the
neighborhoods. Mr. Russell said he was invited to work as a volunteer consultant with
New Party directors as they saw the budget cycle coming up. Subsequently, he had
studied the budget documents and consulted with City officials. He shared his
conclusions. Everyone agrees that the most important issue is accountability and Little
Rock falls short in accountability. He concluded by urging the Board to support the
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November 16, 1999
Resolution. City Manager Cy Carney noted that every year for the past several years the
City of Little Rock has been recognized for its Budget by the Government Finance
Officer's Association (GFOA). The document to be distributed tonight includes
additional information. Mr. Carney said this information will be put on the City's
website and the videos of the Budget sessions will be made available to the public.
Mayor Dailey noted that the City Manager has offered to meet with any groups,
organizations, and neighborhood associations to discuss the budget. Director Stewart
said it is important to win back the trust of the people. Director Kelly made several
comments, stating he felt this is a way to help the average citizens understand how we are
spending their tax dollars. This is an honest straightforward attempt to communicate to
the public that we are going to focus on things that will make it clear and this is a genuine
effort of the Board of Directors to do that. Director Adcock didn't think going out to the
public for four meetings would bring much attendance at this time of year. We would do
much better putting it on the government access channel and inviting people to call or
mail in their questions. Director Pugh said she is getting calls saying we don't trust you,
where is the money, why is this or that not happening. In responding to the comments
and questions, Mr. Carney expressed concern about some of the language in the proposed
Resolution. He said he frankly didn't believe that he could ever deliver to the satisfaction
of some of the Board Members a document that will be satisfactory and will have their
support. It is very clear in the Resolution that he must do that before they will consider
voting on the Budget. He said he would keep trying and would have more information
every time. He then listed all the meetings already scheduled, but said he would try to
work in whatever the Board directs. City Attorney Tom Carpenter suggested the Board
complete the budget process because of the time crunch, and after the Budget is in place,
then implement the spirit of the Resolution. Mayor Dailey suggested that Mr. Carney
answer the points that Director Stewart has requested and present to the Board a plan as
to how the public issues and the details will be addressed at the reconvened meeting on
November 23, 1999. Mr. Carney said he had offered to discuss the budget with
individual Board Members but no one had taken advantage of his offer. Following the
55- minute discussion, the Board agreed to defer the vote on the Resolution until the
reconvened meeting on November 23, 1999.
(Director Keck was excused at 11:55 o'clock P.M.)
City Manager Cy Carney distributed a draft of the Year 2000 Budget for the
Board to review.
At the time allotted for Citizen Communications, the first speaker was Ms.
Annette Hunter, 1001 Woodrow Street, a member of the Capitol Hill Neighborhood
Association, who spoke in opposition to the Union Rescue Mission's request to rezone
property at 101h and Thayer Streets for the purpose of building a new facility to
accommodate individuals that are homeless and transients. The Association felt this
facility would have a negative impact on the children, families, schools and businesses.
The next speaker during Citizen Communications was Mr. Louis LeMaire,
7418 Russwood Lane, an employee of the Little Rock Street Department, who said the
employees had been told they were getting a 2% cost of living raise in the 2000 Budget
and asked why they are not getting a 4% cost of living raise they were originally
promised. He also asked the amount budgeted for management each year and why other
employees are not eligible for EPAS raises that are given to management. Mayor Dailey
asked City Manager Cy Carney to provide information to the Board.
At 12:10 o'clock A.M., the Board of Directors recessed to Executive Session to
consider appointments to various Boards and Commissions. The Board reconvened at
12:35 o'clock P.M. with Mayor Dailey presiding and nine Directors present. (Director
Kumpuris was absent.)
Consideration was then given to Resolution No. 10,708, with the title being:
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS
TO THE AIRPORT COMMISSION, ARTS & HUMANITIES PROMOTION
COMMISSION, ARKANSAS ARTS CENTER BOARD OF TRUSTEES,
ARKANSAS MUSEUM OF SCIENCE AND HISTORY BOARD OF TRUSTEES,
CENTRAL ARKANSAS LIBRARY SYSTEM BOARD OF TRUSTEES,
COMMUNITY HOUSING ADVISORY BOARD, COMMISSION ON DOMESTIC
VIOLENCE, EDUCATION COMMISSION, MACARTHUR MILITARY
HISTORY MUSEUM COMMISSION, PLANNING COMMISSION, AND THE
RACIAL AND CULTURAL DIVERSITY COMMISSION.
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Minutes
November 16, 1999
(Airport — Carl Johnson; Arts & Humanities — Christie Godwin, Jamilyn Harris, and
Kenyon Low, Sr.; Arts Center — Jim Womble; Museum — Bob Childress; Library —
Sherman Banks, Francis O. Nixon, and David Rickard, Community Housing —
Charles Johnson, Jacquelyn Twillie, Talmadge Hasberry, Sr., Roger Cole, and Doris
Freer; Domestic Violence — Connie Parker, Kathy Findley, and Nichole Sheffield,
Education —Amber Muldrow and Dr. Katherine Mitchell, MacArthur Military History
— Jane Krutz, Jason Hendren, James Ryan, and Rick Comer, Planning — Rohn Muse
reinstated; Racial & Cultural Diversity — Thomas Brannon reinstated.)
Following the reading of the Resolution, Director Cazort moved for adoption of the
Resolution. Director Adcock seconded the motion, and the Resolution was unanimously
adopted.
There being no further business to be presented, the Board of Directors recessed
at 12:36 o'clock A.M. to reconvene on Tuesday, November 13, 1999, for the third and
final reading of the Chenal Annexation Ordinance and to vote on Director Stewart's
proposed Resolution to require public hearings on the 2000 Budget.
ATTEST:
City Clerk Robbie Hancock
11
APPROVED:
Mayor Jim Dailey
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