HomeMy WebLinkAbout12-07-995 595
Board of Directors Meeting
City Hall — 500 W. Markham
Little Rock, Arkansas
December 7, 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 Hinton, Lichty, Keck, Stewart, Wyrick,
Kelly, and Adcock — total 7; Absent — Directors Pugh, Cazort, and Kumpuris, - 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 Stewart, followed by the Pledge of
Allegiance.
Director Keck moved to add Item M -1 on the Agenda Modification to the regular
Agenda. The motion was seconded by Director Hinton and unanimously adopted. (See
Ordinance No. 18,154 below.)
City Manager Cy Carney noted that the M. M. Cohn Building in the 500 block of
Main Street had been donated to the City of Little Rock by Mr. Dan Phillips and asked
that the Resolution accepting the donation be added to the Agenda. Whereupon, Director
Adcock moved to add to the Consent Agenda a Resolution of Intent to accept the
donation of the M. M. Cohn Building. The motion was seconded by Director Hinton
and unanimously adopted. (See Resolution No. 10, 719 in the Consent Agenda.)
At the request of the City Manager and City Attorney, Items 11, 23, and 33 were
deferred and Item 29 was withdrawn from the Agenda, upon a motion and second by
Directors Adcock and Hinton, respectively, which was unanimously adopted. Therefore,
no action was taken on the following:
(11) AN ORDINANCE AMENDING CHAPTER 8 OF THE LITTLE
ROCK REVISED CODE (1988) TO REQUIRE SURETY BONDS
OF CONTRACTORS AS A CONDITION OF ISSUANCE OF
CONSTRUCTION PERMITS; AND FOR OTHER PURPOSES.
(Deferred to December 14,1999.)
(23) 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 21,
1999.)
(29) A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO TOWING FRANCHISE CONTRACTS WITH
ASHER WRECKER SERVICES, INC., METRO TOWING, ROUTH
WRECKER SERVICES, AND TREK TOWING, LLC., TO
PROVIDE TOWING SERVICES ON A ROTATION BASIS
EFFECTIVE JANUARY 1, 2000. (Withdrawn; will rebid.)
(33) A RESOLUTION APPROVING WATER MAIN EXTENSION TO
SERVICE THE SALINE COUNTY SIDE OF MARGO LANE.
(Deferred to December 21, 1999.)
(Director Kumpuris enrolled at 6:12 o'clock P.M.)
Director Keck expressed his surprise that the water rate proposal (see Minutes of
November 2, 1999, and November 16, 1999) had been removed from the Agenda.
Director Lichty said he felt like the Board should at least have a formal vote on removal.
City Manager Cy Carney noted that at the Agenda Meeting on November 30, 1999, he
had advised the Board there might be the possibility of a need to delay this. issue because
the City of North Little Rock was having a consultant study done. With that in mind, he
removed the water rate proposal from the Agenda. Mr. Carney said he received the
report from North Little Rock earlier in the day and the Little Rock Municipal Water
Works has a copy of the study for review. Mr. Carney had copies to distribute to the
-
596
Minutes
December 7, 1999
Board of Directors also. Director Lichty said as a matter of policy this Board should not
allow unilateral withdrawals of any items from the Agenda that this Board has put on
that Agenda. He then moved to remove the water rate proposal from the Agenda to
be considered at the reconvened meeting on December 14, 1999. Director Adcock
seconded the motion. Mr. Carney said he didn't think one week would be adequate time
for Water Works, the Board of Directors, and Staff to review the North Little Rock study.
Mr. Jim Harvey, Executive Director of the Little Rock Municipal Water Works, said if
they were directed to review the report in one week, he believed they could make it.
Director Hinton then moved to amend the motion to defer the water rate proposal for
two weeks instead of one week. The motion was seconded by Director Kelly. A roll
call vote was taken as follows: Ayes — Directors Hinton, Stewart, Wyrick, Kumpuris,
Kelly, and Mayor Dailey — total 6; Noes — Directors Lichty, Keck, and Adcock — total 3;
Absent — Directors Pugh and Cazort — total 2. The amended motion to defer the water
rate proposal for two weeks (December 21, 1999) was then adopted by a unanimous
voice vote of the Board Members present. Therefore, the Ordinance establishing a
schedule of rates for the Little rock Municipal Works will be on the Agenda for
third and final reading on December 21, 1999. (Director Kumpuris asked Mr. Harvey
to have an update next Tuesday.)
Director Kelly moved to add to the Agenda an Ordinance regarding the
advertisement for bond counsel for the Excelsior/Peabody Hotel negotiations, as
requested by City Attorney Tom Carpenter. The motion was seconded by Director
Kumpuris and unanimously adopted. (See Ordinance No. 18,157 below.)
Fire Chief Johnston and Mayor Dailey presented Medals of Valor to Fire
Captains Havis Jacks and Bernie Sherwood for their acts of heroism on November 15,
1999, in saving four lives involved in the head -on collision of two automobiles in
southwest Little Rock.
The Rockefeller Show Choir performed two numbers for the Board of Directors,
singing "Santa Be Good To Me " and "Gifts Come From The Heart. "
Mrs. Dottie Funk, Vice Chair of the Little Rock City Beautiful Commission,
presented the "Polish the Rock" annual landscape awards to Bank of the Ozarks,
Courtyard by Marriott, Shadowlakes Apartments, entrance to Brodie Creek, Pulaski
Heights United Methodist Church, UALR Ottenheimer Library; Roller Funeral Home,
Southwest Hospital, and the Arkansas State Capitol.
Consideration was then given to the Consent Agenda, which consisted of the
following:
(1) Resolution No. 10, 711, entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS, CERTIFYING LOCAL GOVERNMENT
ENDORSEMENT OF CONNECT COMMUNICATION CORPORATION TO
PARTICIPATE IN THE ADVANTAGE ARKANSAS PROGRAM.
(2) Resolution No. 10,712, described as:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE DOCUMENTS FOR THE SALE OF A PORTION OF LOT 9 IN
BLOCK 11, CUNNINGHAM'S ADDITION FOR EASEMENT TO
SOUTHWESTERN BELL TELEPHONE COMPANY.
(3) Resolution No. 10,713, with the title being:
A RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO
EXECUTE WATER UTILITY EASEMENT TO LITTLE ROCK MUNICIPAL
WATER WORKS ACROSS CITY PROPERTY LOCATED ON IRONTON CUT-
OFF ROAD. (City Landfill property.)
(4) Resolution No. 10,714, entitled:
A RESOLUTION ALLOCATING $39,732 TO THE CENTRAL LITTLE
ROCK COMMUNITY DEVELOPMENT CORPORATION (CDC) FOR
CONSTRUCTION OF THREE (3) SINGLE FAMILY RESIDENCES LOCATED
AT 1420 MARSHALL, 1706 MARSHALL, AND 1611 BATTERY STREETS IN
THE CENTRAL HIGH TARGETED NEIGHBORHOOD ENHANCEMENT
PLAN (TNEP) AREA.
597
Minutes
December 7, 1999
(5) Resolution No. 10,715, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH LANDERS FORD IN THE AMOUNT OF $370,057
FOR THE PURCHASE OF EIGHTEEN (18) FULL SIZE POLICE PURSUIT
SEDANS FOR THE LITTLE ROCK POLICE DEPARTMENT.
(6) A motion to set the date of hearing on the appeal of the Planning
Commission's approval of a Conditional Use Permit for a Daycare Center at 4600
Eastwood Road. (January 4, 2000)
(7) Resolution No. 10,716, with the title being:
A RESOLUTION SETTING THE DATES, TIMES, AND LOCATIONS
FOR NEIGHBORHOOD PLANNING MEETINGS FOR THE DEVELOPMENT
OF FY 2000 AND FY 2001 CDGB, HOME, AND ESG PROGRAM BUDGETS.
(8) Resolution No. 10,717, entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS IN SUPPORT OF THE PLANS FOR DOWNTOWN
LITTLE ROCK.
(9) Approval of the Minutes of the Board of Directors regular meeting held
July 6, 1999, and the reconvened meeting held July 13, 1999.
(10) Resolution No. 10,718, described as:
A RESOLUTION AUTHORIZING AN AMENDMENT TO THE
CONTRACT FOR LEGAL SERVICES WITH CROSS, GUNTER,
WITHERSPOON, AND GALCHUS (CGWG) FOR REPRESENTATION OF
MANAGEMENT BEFORE THE CIVIL SERVICE COMMISSION.
Added to the Consent Agenda was Resolution No. 10,719, with the title being:
A RESOLUTION EXPRESSING THE INTENT OF THE LITTLE ROCK
BOARD OF DIRECTORS TO ACCEPT THE DEDICATION OF THE FORMER
M.M. COHN BUILDING ON MAIN STREET IN DOWNTOWN LITTLE ROCK
NOT LATER THAN DECEMBER 14, 1999, PENDING RESOLUTION OF TITLE
AND OTHER LEGAL MATTERS TO THE SATISFACTION OF THE CITY
ATTORNEY. (Located at 510 Main Street.)
Upon a motion and second by Directors Adcock and Hinton, respectively, the Consent
Agenda was unanimously adopted by the Board Members present. (Note: Director
Wyrick recused from voting on Item 2 — Resolution No. 10, 712 because she is an
employee of Southwestern Bell Telephone Company.)
At the time allotted for Citizen Communications, the first speaker was Mr. Bill
Shumaker, 811 North Spruce Street, who said he was distressed to see scores of trees
cut down for expansion of the pond in Boyle Park.
The next speaker during Citizen Communications was Mr. Bill Sherman, 450
Midland Street, a member of the Hillcrest Residents Association, who expressed concern
about the increased congestion of traffic and parking on the streets particularly from
Elm Street to Ash Street up to Lee Street and beyond. Students and employees of UAMS
are using the streets for parking which is causing major problems to the residents that live
there. He recommended to the Board that action be taken to restrict parking on those
streets. He requested a comprehensive study with opportunities for the families in the
area and members of the Hillcrest Residents Association to participate. Mayor Dailey
asked City Manager Cy Carney to present at the next Agenda Meeting an outline of
something that might be done to move forward on this issue.
Mr. Hyatt Lee, 120 Vernon Street, was the next speaker during Citizen
Communications, who served notice to the members of the Board that have consistently
supported poorly planned developments and annexation on demand, you have won
the battle but you will not win the war.
The next speaker during Citizen Communications was Girlene Crain, 7017
Knollwood Road, who expressed concern for the safety of the children in southwest
Little Rock walking to school at Watson Elementary.
M • •
i
Minutes
December 7, 1999
Ms. Dee White, representing Common Ground (an artists coalition for the
environment), also spoke during Citizen Communications, asking why the Board is
allowing trees in our City parks to be sold with the money going toward the
Presidential Library. She started to use the remainder of her three minutes saying "yada,
yada, yada," which she said is the only language the Board seems capable of hearing
from the citizens of Little Rock. When Mayor Dailey called her out of order, she said she
had asked a Parks Department official what it would take to turn War Memorial
Amusement Park into a skateboard facility and was told $200,000. Common Ground
studies have indicated that $25,000 could provide free - standing skateboard facilities and
equipment.
Introduced next was Ordinance No. 18,147, entitled:
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 -6706 — To rezone property at 19112 Colonel Glenn Road from "R -2" Single Family
District to "C -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 nine in number and two - thirds or more of the members of the Board of
Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes — Directors Hinton, Lichty, Keck, Stewart, Wyrick,
Kumpuris, Kelly, Adcock, and Mayor Dailey — total 9; Noes — None; Absent — Directors
Pugh and Cazort — total 2. Whereupon, Mayor Dailey announced that the Ordinance had
PASSED.
The next presentation was Ordinance No. 18,148, described as:
AN ORDINANCE AMENDING IN PART ORDINANCE NO. 11,366 TO
PROVIDE FOR LEVYING A FRANCHISE FEE TO BE PAID BY RELIANT
ENERGY (FORMERLY KNOWN AS ARKANSAS LOUISANA GAS COMPANY)
FOR THE YEAR 2000; PROVIDING FOR THE PAYMENT THEREOF;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being nine in number and two - thirds or more of the members of the Board of
Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes — Directors Hinton, Lichty, Keck, Stewart, Wyrick,
Kumpuris, Kelly, Adcock, and Mayor Dailey — total 9; Noes — None; Absent — Directors
Pugh and Cazort — total 2. Whereupon, Mayor Dailey announced that the Ordinance had
PASSED.
Consideration was then given to Ordinance No. 18,149, with the title being:
AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE
AMOUNT OF FEES AND CHARGES TO BE PAID THE CITY OF LITTLE
ROCK, ARKANSAS BY ENTERGY AND THE METHOD OF PAYMENT
THEREOF BEGINNING IN 2000; AMENDING SECTION 9 OF ORDINANCE
NO. 11,683, AND FOR OTHER PURPOSES; (Formerly Arkansas Power & Light
Company.)
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being nine in number and two - thirds or more of the members of the Board of
Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes — Directors Hinton, Lichty, Keck, Stewart, Wyrick,
Kumpuris, Kelly, Adcock, and Mayor Dailey — total 9; Noes — None; Absent — Directors
Pugh and Cazort — total 2. Whereupon, Mayor Dailey announced that the Ordinance had
PASSED.
Introduced next was Ordinance No. 18,150, entitled:
AN ORDINANCE LEVYING ADDITIONAL FRANCHISE FEES TO BE
PAID BY SOUTHWESRTEN BELL TELEPHONE COMPANY FOR THE YEAR
2000; AND PROVIDING FOR THE PAYMENT THEREOF;
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
599
Minutes
December 7, 1999
present, being nine in number and two - thirds or more of the members of the Board of
Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes — Directors Hinton, Lichty, Keck, Stewart, Kumpuris,
Kelly, Adcock, and Mayor Dailey — total 8; Noes — None; Absent — Directors Pugh and
Cazort — total 2; Recused — Director Wyrick — total 1. Whereupon, Mayor Dailey
announced that the Ordinance had PASSED.
Item 16 on the Agenda was an Ordinance levying additional franchise fees to be
paid by Alltel Corporation for the year 2000. However, City Attorney Tom Carpenter
noted that Alltel was granted a multi -year (20 years) franchise and no action was
required. Whereupon, Director Lichty moved to remove Item 16 from the Agenda.
The motion was seconded by Director Keck and unanimously adopted. Therefore, the
Ordinance related to Alltel Corporation was withdrawn from the Agenda.
The next presentation was Ordinance No. 18,151, described as:
AN ORDINANCE FIXING AND IMPOSING THE AMOUNT OF FEES
AND CHARGES TO BE PAID TO THE CITY OF LITTLE ROCK, ARKANSAS
BY ALL COMPANIES THAT PROVIDE INTERSTATE OR INTRASTATE
LONG DISTANCE TELECOMMUNICATION SERVICE, AND ALL BUSINESS
INCIDENTAL TO OR CONNECTED WITH THE CONDUCTING OF SUCH
TELEPHONE BUSINESS IN THE CITY OF LITTLE ROCK, ARKANSAS;
AMENDING SECTION 3 OF ORDINANCE NO. 15,706; AND FOR OTHER
PURPOSES;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being nine in number and two - thirds or more of the members of the Board of
Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes — Directors Hinton, Lichty, Keck, Stewart, Kumpuris,
Kelly, Adcock, and Mayor Dailey — total 8; Noes — None; Absent — Directors Pugh and
Cazort — total 2; Recused — Director Wyrick — total 1. Whereupon, Mayor Dailey
announced that the Ordinance had PASSED.
Consideration was then given to Ordinance No. 18,152, with the title being:
AN ORDINANCE TO GRANT A FRANCHISE TO CAPROCK
TELECOMMUNICATIONS CORP., AS A TELECOMMUNICATIONS
SERVICES PROVIDER WITHIN THE CITY OF LITTLE ROCK, ARKANSAS;
PERMITTING USE OF CITY RIGHTS -OF -WAY AND AIRSPACE;
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. City Manager Cy Carney and City Attorney
Tom Carpenter responded to questions by Director Lichty regarding the repair of the
street cuts by the telecommunications companies. The rules were suspended to provide
for the second and third readings of the Ordinance by unanimous vote of the Board
Members present, being nine in number and two - thirds or more of the members of the
Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass,
with the vote recorded as follows: Ayes — Directors Hinton, Lichty, Keck, Stewart,
Kumpuris, Kelly, Adcock, and Mayor Dailey — total 8; Noes — None; Absent — Directors
Pugh and Cazort — total 2; Recused — Director Wyrick — total 1. Whereupon, Mayor
Dailey announced that the Ordinance had PASSED.
Introduced next was Ordinance No. 18,153, entitled:
AN ORDINANCE TO AMEND LITTLE ROCK, ARK. ORDINANCE NO.
17,927 -X (JANUARY 26, 1999) TO CLARIFY THE MEMBERSHIP ON THE
LITTLE ROCK ZOO BOARD OF GOVERNORS; TO DECLARE AN
EMERGENCY; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
-- present, being nine in number and two - thirds or more of the members of the Board of
Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes — Directors Hinton, Lichty, Keck, Stewart, Wyrick,
Kumpuris, Kelly, Adcock, and Mayor Dailey — total 9; Noes — None; Absent — Directors
Pugh and Cazort — total 2. Whereupon, Mayor Dailey announced that the Ordinance had
PASSED.
600
Minutes
December 7, 1999
The next presentation was Item M -1 on the Agenda Modifications, being
Ordinance No. 18,154 described as:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED RESIDENTIAL DISTRICT TITLED
HOMES AT GRANITE MOUNTAIN LONG —FORM PRD (Z -6641) LOCATED
ON THE EAST SIDE OF GILLIAM PARK ROAD, APPROXIMATLEY 700
FEET SOUTH OF CONFEDERATE BLVD. (Hwy. 365) 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 nine in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes — Directors Hinton, Lichty, Keck, Stewart, Wyrick,
Kumpuris, Kelly, Adcock, and Mayor Dailey — total 9; Noes — None; Absent — Directors
Pugh and Cazort — total 2. Whereupon, Mayor Dailey announced that the Ordinance had
PASSED.
Item 20 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 second time on November 2,
1999, with the third reading being deferred from November 17, 1999 to December 7,
1999. There was a lengthy discussion from 7:25 o'clock P.M. to 8:25 o'clock P.M. City
Attorney Tom Carpenter noted that a number of amendments had been made to the
proposed Ordinance. Mr. Bryan Day, Director of Parks & Recreation, stated that in the
last two weeks staff has been working with the Humane Society of Pulaski County on
revisions to the Ordinance. He then read for the record the list of changes. On page 1
add an additional WHEREAS clause: "WHEREAS, this Ordinance deals with safety and
transportation and that it is not intended to address animal welfare issues, this
Ordinance is not intended to be relied upon as the standard for animal care in any
prosecution for violation of A. CA. Section 562 -101 or Little Rock, Arkansas Revised
Code Section 6 -9 (1988). " Page 2 Item D, change "horses or mules" to "equine
animals." Page 3, line 11, change "partner is" to "partner if.. " Page 4, B -III add "and
operational history" after the word responsibility. Page 6, Section 10, add additional
section: "All horses or other animals used to draw vehicles for hire in the City of Little
Rock shall be made available for examination upon reasonable demand of the Director of
Parks & Recreation. " Line 14, remove the phrase "Each harness shall be equipped with
a leather diaper" and add it to the beginning of Section C and add at the end of the
sentence "by the Director of Parks & Recreation. " Line 21 — D, add to the end of the
sentence "and such other signage or safety equipment as the Director of Parks &
Recreation may require. " Mr. Carpenter noted that "to declare an emergency" should
be deleted from the title, and the emergency clauses deleted from the first two readings of
the Ordinance. Mr. Day gave a brief history of the need for the Ordinance and responded
to questions by the Board. The City has an old Ordinance that was adopted about 15
years ago under the jurisdiction of the General Services Department which no longer
exists. The Parks & Recreation Department has no authority to issue permits under the
old Ordinance. This Ordinance is a great improvement to what now exists. Mr.
Carpenter also noted that revisions had also been made to Section 3 -B, Section 4, Section
5 -A, Section 11 -G, and Section 12. Speaking in opposition were Emily Pennel, 5522
"G" Street, and John Yarbrough, 5522 "G" Street. Speaking in support of the
Ordinance was Mr. Al Thomas, (Little Rock Carriage Company). Ms. Pennel was
opposed to the horse drawn carriages because the horses breathe the exhaust fumes from
cars, walk on hot pavement, and the lack of water; she urged the Board to vote no on the
Ordinance. Mr. Yarbrough read a prepared statement in opposition to horse drawn
carriages. Ms. Linda Blackburn, Humane Society of Pulaski County, corroborated what
Mr. Day said about revisions to the Ordinance. This is addressed as a transportation
regulation and not an animal welfare statute. Director Kelly felt this was an animal
welfare issue and the Ordinance should be defeated. Also, the old Ordinance that allows
this should be reconsidered. Mr. Carpenter said he wasn't sure that repealing the old
Ordinance means these can't operate on the streets, because every citizen has the right to
use the streets and to use whatever mode of travel they want. Director Kumpuris then
moved to give the City Attorney two weeks to work on this and during that time put
a moratorium on the issuance of permits. The motion was seconded by Director
Adcock. Mr. Day said if there is a moratorium, the applicant will lose out on the
6
Minutes
December 7, 1999
601
opportunity to operate in the River Market area during the holiday season. He asked the
Board to allow them to operate under a pilot program instead of declaring a moratorium.
Mr. Carpenter said the Board could just direct the City Manager to direct the Parks &
Recreation Director not to issue any permits during the two week period. Director Lichty
made a substitute motion to delay the Ordinance two weeks but strike the moratorium.
The motion failed for lack of a second. A roll call vote was then taken on the motion to
delay two weeks and put a moratorium on the issuance of permits, with the vote recorded
as follows: Ayes — Directors Stewart, Kumpuris, Kelly, and Adcock — total 4; Noes —
Directors Hinton, Lichty, Keck, Wyrick and Mayor Dailey — total 5; Absent — Directors
Pugh and Cazort — total 2. Mayor Dailey announced the motion had failed. Director
Keck then moved to amend the Ordinance as stated by Mr. Day and Mr. Carpenter, and
the motion was seconded by Director Lichty. A roll call vote was taken as follows: Ayes
— Directors Hinton, Lichty, Keck, Wyrick and Mayor Dailey — total 5; Noes — Directors
Stewart, Kumpuris, Kelly, and Adcock — total 4; Absent — Directors Pugh and Cazort —
total 2. Mayor Dailey announced the motion to amend the Ordinance failed to receive
the required 6 votes. Director Lichty then moved to expunge the previous vote on the
motion to amend the Ordinance and the motion was seconded by Director Keck. A roll
call vote was taken as follows: Ayes — Directors Hinton, Lichty, Keck, Wyricvk,
Kumpuris, Kelly, Adcock, and Mayor Dailey — total 8; Noes — Director Stewart — total 1;
Absent - Directors Pugh and Cazort — total 2. Mayor Dailey announced that the motion
to expunge the vote was adopted. There was a subsequent motion by Director Lichty,
seconded by Director Hinton, to amend the Ordinance as stated by Mr. Day and Mr.
Carpenter, and the motion was adopted by the following roll call vote: Ayes —
Directors Hinton, Lichty, Keck, Wyrick, Kumpuris, Kelly, and Mayor Dailey — total 7;
Noes — Directors Stewart and Adcock — total 2; Absent - Directors Pugh and Cazort —
total 2. Director Kelly then moved to delay the third reading of the Ordinance for
two weeks and the motion was seconded by Director Stewart. Director Keck said his
concern was that if we delay this for two weeks then horse drawn carriages could operate
during that time with less than optimal requirements than we would like to impose. I
think we need to implement this Ordinance and then have a separate ordinance to stop
horse drawn carriages. Mr. Carpenter said it would be appropriate for the Board to defer
the Ordinance for a period of time as long as it is reasonable, in order to consider the
health and safety issues that have been raised. The motion to delay two weeks failed by
the following roll call vote: Ayes — Directors Lichty, Kumpuris, Kelly, and Adcock —
total 4; Noes — Directors Hinton, Keck, Stewart, Wyrick, and Mayor Dailey — total 5;
Absent - Directors Pugh and Cazort — total 2. Director Stewart then moved to defer the
third reading for one week; however, the motion died for lack of a second. The
Ordinance, as amended, was then read the third and last time. A roll call vote was taken
on passage of the Ordinance as follows: Ayes - Directors Hinton, Lichty, Keck, Wyrick
and Mayor Dailey — total 5; Noes — Directors Stewart, Kumpuris, Kelly, and Adcock —
total 4; Absent — Directors Pugh and Cazort — total 2. Whereupon, Mayor Dailey
announced that the Ordinance FAILED to receive the required 6 votes.
At 8:25 o'clock P.M. Mayor Dailey declared a ten - minute recess. The Board
reconvened at 8:55 o'clock P.M. with Mayor Dailey presiding and 8 Directors present.
(Directors Pugh and Cazort were absent.)
Consideration was then given to Ordinance No. 18,155, with the title being:
AN ORDINANCE ANNEXING CERTAIN LANDS THAT ARE
COMPLETLEY SURROUNDED BY THE INCORPORATED LIMITS OF THE
CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES; (Annexing]] islands.)
and the Ordinance was read the second time, having been read the first time on
November 16, 1999. (Note: The public hearing was held on November 2, 1999.) Mr.
Don Darnell spoke in support of the Coleman request to exclude the Coleman property
from the annexation. Mr. Charlie Coleman said this is a serious issue for his father,
Buddy Coleman, and a serious issue for the City of Little Rock. This island (D) clearly
does not fall within the realm of the annexation statute and by including Island D in the
annexation, the City is jeopardizing its successful annexation of the other ten islands.
Mr. Norm Floyd, President of the West Baseline Neighborhood Association, spoke in
support of the annexation of the islands, predominately because of their neighborhood's
problem with the fireworks stands. Ms. Janet Berry, representing the Legion Hut
Neighborhood Association, spoke in support of the annexation. Her concern was to get
rid of the fireworks stands, which will be prohibited if the property is annexed. Director
Keck then moved to amend the Ordinance to strike Island D (property owned by the
Coleman family) from the Ordinance. Director Wyrick seconded the motion. Director
Adcock asked if the portion of the Coleman land that is pasture land could be excluded
and include only the part on Mabelvale Pike where the fireworks stands are located. Mr.
Carpenter said the whole Section D could be excluded, but could not be subdivided
without starting the process over. Responding to Director Adcock's question about
7
1`
e1 ,
Minutes
December 7, 1999
annexing the portion of the Coleman property where the fireworks stands are located, Mr.
Charlie Coleman said his father had long term lease agreements with two fireworks
stands on his property and he would not break the lease agreements. The motion to
strike Island D failed by the following roll call vote: Ayes — Directors Keck and Wyrick
— total 2; Noes — Directors Hinton, Lichty, Stewart, Kumpuris, Kelly, Adcock, and Mayor
Dailey — total 7; Absent — Directors Pugh and Cazort — total 2. The rules were suspended
to provide for the third and final reading of the Ordinance by voice vote of 8 ayes and 1
no (Keck) of the Board Members present, being two - thirds or more of the members of the
Board of Directors. A roll call vote was then taken on the question, Shall the Ordinance
Pass, with the vote recorded as follows: Ayes — Directors Hinton, Lichty, Stewart,
Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 8; Noes — Director Keck —
total 1; Absent — Directors Pugh and Cazort — total 2.
The Emergency Clause contained in Section 3 of the foregoing Ordinance was
then approved by the following roll call vote: Ayes — Directors Hinton, Lichty, Keck,
Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 9; Noes — None;
Absent — Directors Pugh and Cazort — total 2. Whereupon, Mayor Dailey announced that
the Ordinance, together with the Emergency Clause, had PASSED.
At the request of Ms. Carolyn Hobbs, Director of the Step Up Center, Mayor
Dailey allowed three of the YIP youths to address the Board regarding funding to keep
the Step Up Support Center open. (See Resolution No. 10, 720 on page 9.)
Item 22 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: LU99 -15 -03 - 8806
Mabelvale Pike.)
and the Ordinance was read the second time, having been read the first time on
November 16, 1999. Mr. William A. Tulley, Jr., 8804 Mabelvale Pike, spoke in
opposition to the Ordinance. (Note: Mr. Tulley had read a lengthy prepared statement at
the November 16, 1999 meeting.) Mr. Wesson, who owns 10 -1/2 acres adjacent to the
location, said he would like to be informed about the use of the land. Ms. Janet Berry
also spoke on the issue. At the request of Director Adcock, the Ordinance was left on
the calendar for the third and final reading on December 21, 1999.
A public hearing had been scheduled for this time and place by Resolution No.
10,707, adopted November 16, 1999, on the petition to vacate and close the remaining
portions of the right -of -way of Candlewood Drive within the City of Little Rock,
Arkansas, pursuant to authority under Ark. Code Ann. Section 14 -54 -104 (Michie 1987).
(See Ordinance No. 18,108 of October 19, 1999, and the Minutes of November 16, 1999.)
The petition was filed by Mr. Doug Robertson on behalf of Mr. Joe Whisenhunt. The
notice of hearing was published in the Daily Record on November 30, 1999 and
December 7, 1999. Mayor Dailey declared the public hearing open at 9:33 o'clock P.M.
Mr. Jim Lawson, Director of Planning and Development, stated that all of the issues still
have not been worked out. Mr. Lawson thought he would be able to present an
Ordinance that would retain the utility and drainage access easement, but Mr.
Whisenhunt is not agreeable to that. The two parties (Char -Beck and Whisenhunt) need
to have an agreement worked out before the Ordinance is passed. Mr. Lawson said he
has volunteered to work with the two groups to try to reach an agreement. Mr. Mark
Wright, engineer for Mr. Whisenhunt on this project, said some very pointed questions
were asked by the Board at the last meeting and each party responded individually. A
document has been sent to the Whisenhunt's but some of those issues have not been
addressed in the document. Since the agreement has not been finalized, he asked for
additional time to work out the final issues. Mr. Herb Rule, attorney for Char -Beck
Trust, agreed to additional time to work out the agreement. Mr. Joe Whisenhunt said he
agreed to all the issues that were discussed on November 16, 1999. He said when he left
the meeting he agreed to let Mr. Rule initiate the agreement. Then he received a letter
from Mr. Rule that was completely inconsistent with what had been said at the previous
meeting. When he called Mr. Rule about the inconsistencies, Mr. Rule said he didn't
understand it that way. Mr. Whisenhunt said there were things in the agreement that
hadn't even been discussed. He also said he had never asked to vacate any utility
easement on the property, only for the abandonment of the road. Mayor Dailey declared
the public hearing closed at 9:40 o'clock P.M. The proposed Ordinance was then
introduced, described as:
AN ORDINANCE VACATING AND ABANDONING THE REMAINING
PROTIONS OF THE RIGHT -OF -WAY OF CANDLEWOOD DRIVE, A STREET
WITHIN THE CITY OF LITTLE ROCK, ARKANSAS, PURSUANT TO
AUTHORITY UNDER ARK. CODE ANN. SECTION 14 -54 -104 (MICHIE 1987);
Minutes
December 7, 1999
603
and the Ordinance was read the first time. The rules were suspended to provide for the
second reading of the Ordinance upon a motion and second by Directors Adcock and
Keck, respectively, which was unanimously adopted by the Board Members present,
being nine in number and two- thirds or more of the members of the Board of Directors.
Following the second reading of the Ordinance, Director Keck moved to leave the
Ordinance on the calendar for third reading on January 4, 2000, to give both parties
time to reach an agreement. (Note: Mr. Rule, attorney for Char -Beck, will be out of town
during the next two weeks and cannot attend the December 21, 1999 meeting.) The
motion was seconded by Director Adcock and unanimously adopted. Whereupon, the
Ordinance remained on the calendar for third and final reading on January 4, 2000.
Item 25 on the Agenda was a proposed Ordinance entitled:
AN ORDINANCE PROVIDING FOR AND ADOPTING THE 2000
BUDGET FOR THE CITY OF LITTLE ROCK FOR THE PERIOD BEGINNING
JANUARY 1, 2000 AND ENDING DECEMBER 31, 2000; APPROPRIATING
RESOURCES AND USES FOR EVERY EXPENDITURE ITEM AND FUND;
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. City Manager Cy Carney listed the dates of
the six proposed budget meetings to provide information to the citizens. In addition the
government access channel will begin showing presentations on the proposed budget
every other evening. The Ordinance was left on the calendar for second reading on
December 21, 1999.
Items 26, 27, and 28 on the Agenda all related to FUTURE -Little Rock dollars
for youth intervention programs (YIP). (See Resolutions No. 10, 720, 10,721, and 10, 722
below.) Ms. Dorothy Nayles, Director of Community Programs, gave an overview of
the three items. She described the process used in developing the requests for proposals
(RFP's), reviewing bids, and making the recommendations to the Board of Directors.
Ms. Carolyn Hobbs, Director of the Step Up Center, was very upset that she would have
to tell 15 kids that she could no longer provide services for them at the Step Up Support
Center. Director Adcock explained the grants for the Step Up Center — there was one big
grant for adults, one male grant that serviced 15 young men, another male grant that
serviced another 15 young boys, one grant for 15 females, and there was another grant
that seviced the little children. The Step Up Center has lost one of the grants to service
15 young boys. Ms. Hobbs can keep 15 young boys but not 30 young boys. Ms. Hobbs
said the prevention kids don't need to be put in with the kids that are in gangs, and those
in gangs don't need to be put with those that are on crack. Mr. Charles Mobley, with
Pulaski County Juvenile Services, explained there are no administrative costs associated
with the grants they have submitted to the City for consideration. Ms. Pat Williams,
representing Greater Friendship, Inc. , explained that Greater Friendship, Inc. proposed to
work with Greater Second Baptist Church in southwest Little Rock on Geyer Springs
Road. Greater Second Baptist has been operating in the area for the past three years,
working with youths and adults in the area. Greater Friendship has a program that
Second Baptist is interested in; however, Second Baptist does not have 501(c)3 status and
Greater Friendship does. Resolution No. 10,720 was then presented, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO CONTRACT NEGOTIATIONS WITH SIX ORGANIZATIONS TO
PROVIDE YOUTH INTERVENTION PROGRAMS (YIP) IN TARGETED
NEIGHBORHOODS.
(Step Up (Female) Southwest; LR Boys /Girls Club — Central; LR Boys /Girls Club -
(Male) - Southwest; LR Housing Authority -East; BCD (Male)- Midtown; Camp Aldersgate;
Step Up (Male)- Southwest; BCD (Female)- Midtown.)
Following the reading of the Resolution, Director Kumpuris moved to adopt the
Resolution. The motion was seconded by Director Adcock and the Resolution was
unanimously adopted by the Board Members present.
Introduced next was Resolution No. 10,721, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO CONTRACT NEGOTIATIONS WITH EIGHT ORGANIZATIONS TO
PROVIDE YOUTH PREVENTION PROGRAMS IN TARGETED
NEIGHBORHOODS.
9
s
604
Minutes
December 7, 1999
(Recovery 2005 (Central Area); Pulaski Juvenile Services (STF); Pulaski Juvenile
Services (Central); Pulaski Juvenile Services (East); Billy Mitchell Boys Club
(Midtown), Arkansas Arts Center, BCD - Hoover /Our Club (Midtown); Shepherd's
Ranch (Southwest); Shepherd's Ranch (West); Greater Friendship (Southwest); Girl
Scouts.)
(See discussion preceding Resolution No. 10, 720.) Following the reading of the
Resolution, Director Kumpuris moved to adopt the Resolution. The motion was
seconded by Director Adcock and the Resolution was unanimously adopted by the Board
Members present.
The next presentation was Resolution No. 10,722, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO CONTRACT NEGOTIATIONS WITH TWO ORGANIZATIONS TO
PROVIDE NEIGHBORHOOD SUPPORT CENTER SERVICES, AND FOR
OTHER PURPOSES. (Black Community Developers (BCD) Midtown and Step Up
Support Center - Southwest.)
(See discussion preceding Resolution No. 10, 720.) Following the reading of the
Resolution, Director Kumpuris moved to adopt the Resolution. The motion was
seconded by Director Adcock and the Resolution was unanimously adopted by the Board
Members present.
Consideration was then given to Resolution No. 10,723, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND
THE CONTRACT WITH DELTA DENTAL PLAN OF ARKANSAS FOR
DENTAL COVERAGE FOR CITY EMPLOYEES FOR A PERIOD OF ONE
YEAR EFFECTIVE JANUARY 1, 2000.
Following the reading of the Resolution, Director Keck moved to adopt the Resolution.
The motion was seconded by Director Hinton and the Resolution was unanimously
adopted by the Board Members present.
The next presentation was Ordinance No. 18,156, described as:
AN ORDINANCE APPROPRIATING $299,960 FROM THE
UNRESTRICTED INTREST ACCOUNT TO PAY THE CITY'S SHARE OF THE
1999 FEDERALLY ASSISTED BUS PURCHASE FOR CENTRAL ARKANSAS
TRANSIT AUTHORITY;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being nine in number and two - thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes —
Directors Hinton, Lichty, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor
Dailey — total 9; Noes — None; Absent — Directors Pugh and Cazort — total 2. Therefore,
the Ordinance was declared PASSED.
Introduced next was Resolution No. 10, 724, with the title being:
A RESOLUTION TO APPROVE THE ECONOMIC DEVELOPMENT
ADMININISTRATION (EDA) DEPARTMENT OF COMMERCE (DOC)
FUNDED LONG TERM RECOVERY STRATEGY FOR THE AREA OF LITTLE
ROCK IMPACTED BY THE JANUARY 21,1999 TORNADOES.
Following the reading of the Resolution, City Manager Cy Carney distributed a
memorandum in response to questions asked the last time. The action is to authorize the
City Manager to submit the plan; there is no obligation that the City has at this point to
accomplish any or all of these projects. Before January 23, 2000, the City must decide
which ones it wishes to pursue. In many of the cases, the City may be able to get up to
80% federal funding. Director Adcock moved for adoption of the Resolution. The
motion was seconded by Director Keck, and the Resolution was unanimously adopted.
Resolution No. 10,725 was the next presentation, described as:
A RESOLUTION TO APPOINT EVETTE BRADY TO SERVE AS A
TOURISM INDUSTRY REPRESENTATIVE (RESTAURANT OWNER), TO THE
LITTLE ROCK ADVERTISING & PROMOTION COMMISSION; AND FOR
OTHER PURPOSES.
10
Minutes
December 7, 1999
Following the reading of the Resolution, Director Adcock moved for its adoption. The
motion was seconded by Director Keck and the Resolution was unanimously adopted by
the Board Members present.
Introduced next was Ordinance No. 18,157, with the title being:
AN ORDINANCE TO DISPENSE WITH THE REQUIREMENT OF
PUBLIC ADVERTISEMENT FOR 10 DAYS TO SELECT BOND COUNSEL AS
A PROFESSIONAL SERVICE TO ASSIST WITH NEGOTIATIONS FOR THE
LEASE OF HOTEL SPACE TO THE PEABODY GROUP; TO DECLARE AN
EMERGENCY; AND OTHER PURPOSES;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being nine in number and two - thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes —
Directors Hinton, Lichty, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor
Dailey — total 9; Noes — None; Absent — Directors Pugh and Cazort — total 2.
The Emergency Clause contained in Section 4 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes — Directors Hinton, Lichty, Keck,
Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 9; Noes — None;
Absent — Directors Pugh and Cazort — total 2. Whereupon, the Ordinance, together with
the Emergency Clause, was declared PASSED.
City Manager Cy Carney's Activity and Project Report consisted of the results
of a public opinion poll taken regarding the level of service and customer satisfaction
with Comcast Cable Television; the summary received from North Little Rock Water
Works; the Deloitte & Touche review of the City's investment program and accounting
systems; and the December schedule of the City's cable TV programs including the
budget meetings.
Director Keck then brought up the issue of rescheduling the next regular
meeting, due to the holiday season. The Board agreed to change the Board Meeting from
Tuesday, December 21, 1999, at 6:00 P.M. to Monday, December 20, 1999, at 5:00
o'clock P.M.
Item 36 on the Agenda was the last item to be considered, being Resolution No.
10,726, described as:
A REOLUTION MAKING APPOINTMENTS AND REAPPOINTSMENTS
TO THE ARKANSAS MUSEUM OF SCIENCE AND HISTORY BOARD OF
TRUSTEES.
(Dale Ronnel, Jay Heflin, Keith Riggs, Janet Davis, Elijah Harris, Duane Morgan;
Frances Adams Keeler, and Chris Roberts.)
Following the reading of the Resolution, Director Adcock moved for its adoption. The
motion was seconded by Director Kelly, and the Resolution was unanimously adopted.
There being no further business to be presented, the Board of Directors recessed
at 11:00 o'clock P.M. to reconvene at 4:00 o'clock P.M. on Tuesday, December 14,
1999, to consider the Surety Bond Ordinance, make appointments to the City
Beautiful Commission, and to evaluate the City Manager and City Attorney.
ATTEST:
City Clerk Robbie Hancock
11
APPROVED:
Mayor Jim Dailey
605