HomeMy WebLinkAbout12-14-99606
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
December 14, 1999 — 4:08 P.M.
The Board of Directors of the City of Little Rock, Arkansas, reconvened from the
December 7, 1999 regular meeting with Mayor Jim Dailey presiding. Clerk Robbie
Hancock called the roll with the following Directors present: Directors Pugh, Lichty,
Cazort, Keck, Stewart, Kumpuris, Kelly, and Adcock - total 8; Absent — Director Hinton
and Vice Mayor Wyrick — total 2.
With a quorum present, Mayor Dailey declared the Board of Directors in session
and announced the purpose of the reconvened meeting was to consider an Ordinance to
require surety bonds of contractors, to make an appointment to the City Beautiful
Commission, and to evaluate the City Manager and the City Attorney.
City Manager Cy Carney asked that an Ordinance to prohibit horse drawn
carriages in the City of Little Rock by repealing the old 1988 Ordinance be added to the
Agenda for this reconvened meeting rather than considering it on December 20, 1999 as
scheduled, since there is a pending application. The Parks Department has prepared
written rules and regulations along with an alternative Ordinance to permit horse drawn
carriages. However, Mr. Carney supported the Ordinance that would rop hibit horse
drawn carriages. (Note: At the regular meeting on December 7, 1999, the proposed new
Ordinance to permit horse drawn carriages within the City failed to receive the required
six votes for passage by a vote of S ayes and 4 noes with 2 absent. See Minutes of
December 7, 1999) Mr. Carney explained that the old 1988 Ordinance No. 15,488
providing for horse drawn carriages is still in effect and should be repealed. Director
Lichty moved that the proposed Ordinance prohibiting horse drawn vehicles be
added to the Agenda. The motion was seconded by Director Kelly and adopted.
Whereupon, the Ordinance was added to the Agenda. (See Ordinance No. 18,158 below.)
(Vice Mayor Wyrick enrolled at 4:10 o'clock P.M.)
City Attorney Tom Carpenter requested the addition to the Agenda of a
Resolution to hire the Wright, Lindsey and Jennings Law Firm to provide legal advice in
the negotiations regarding the purchase of the Excelsior Hotel by the Peabody Hotel.
Director Keck moved to add to the Agenda the Resolution to hire Wright, Lindsey
and Jennings to provide legal advice regarding the Excelsior Hotel. The motion was
seconded by Director Cazort and unanimously adopted. (See Resolution No. 10, 727
below.)
Item 1 on the Agenda was a proposed Ordinance entitled: "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 ";
which had been deferred from November 6, 1999, and December 7, 1999. City Attorney
Tom Carpenter explained there are still some issues to be resolved and requested that the
Ordinance be deferred again. Therefore, Director Cazort moved to defer the proposed
Ordinance until December 20, 1999. The motion was seconded by Director Lichty and
unanimously adopted. Whereupon, the proposed Ordinance was deferred to
December 20, 1999.
(Director Hinton enrolled at 4:12 o'clock P.M.)
Minutes
December 14, 1999
607
Consideration was then given to Resolution No. 10,727, which was added to the
Agenda, described as:
A RESOLUTION TO HIRE WRIGHT, LINDSEY & JENNINGS TO
PROVIDE LEGAL ADVICE ON THE IMPLICATIONS OF THE
NEGOTIATIONS FOR THE LEASE OF THE EXCELSIOR HOTEL ON THE
CITY OF LITTLE ROCK, ARKANSAS $28,075,000 HOTEL & RESTAURANT
GROSS RECEIPTS TAX REFUNDING BONDS, SERIES 1993; AND FOR
OTHER PURPOSES.
Following the reading of the Resolution, Director Kelly moved for its adoption. The
motion was seconded by Director Lichty and the Resolution was unanimously adopted.
Introduced next was Ordinance No. 18,158, which had been added to the Agenda,
with the title being:
AN ORDINANCE TO REPEAL LITTLE ROCK, ARK., ORDINANCE NO.
15,488 (June 21, 1988), IN ORDER TO PROHIBIT THE OPERATION OF
HORSE -DRAWN VEHICLES UPON STREETS WITHIN THE CITY OF LITTLE
ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. City Manager Cy Carney explained that the
Humane Society of Pulaski County is not supportive of the Rules and Regulations
providing for the operation of horse drawn vehicles as prepared by the Parks and
Recreation Department. The Ordinance before the Board is modeled after one from
another city and would prohibit horse drawn vehicles but would exempt those in parades
and public safety. Staff responded to questions by Director Keck. Those speaking in
support of horse drawn carriages and opposed to the Ordinance were Susan James, Dee
White, Mrs. Sancy Thomas (owner of the Little Rock Carriage Company), Jess
Clements (a veterinarian in Hot Springs who also works for the Little Rock Police
Department), Kent Kelly (a professional ferrier) and Nick Adams. Speaking in
opposition to horse drawn vehicles and in support of the Ordinance were Linda
Blackburn (Executive Director of the Humane Society of Pulaski County), Cheryl
Upshaw, Cindy Alberding, and Linda Light (Vice President of the Board of Directors
of the Humane Society). In response to questions by the Board, Mrs. Thomas explained
her plan to provide the carriage rides in the River Market area from 6:30 P.M. until 11:00
P.M. on Thursday, Friday, and Saturday evenings, and the training that is required for
drivers and horses. Director Lichty suggested addressing the repeal of the existing
Ordinance, which everyone agrees is a bad one, remove the emergency clause from this
ordinance which would give thirty (30) days for this Ordinance to go into effect, during
which time the applicant can proceed to conduct her horse -drawn carriage business
during the holiday period. In that thirty (30) day period maybe we can get the new
ordinance ready for consideration. Mayor Dailey agreed that if there is a sentiment of the
Board that we wish to allow horse -drawn carriages but we want it with the improved
ordinance, then Director Lichty has a valid point in that we ought to get rid of the bad
ordinance and get it off the books. But we need to have some consensus of direction
from the Board as to whether we are moving forward with a new ordinance or are they
banned forever. Director Cazort preferred to defer this item for a week, if the new
ordinance is not going to be considered at this meeting, so that both ordinances would be
considered at the same time. Director Keck asked City Attorney Tom Carpenter if a
group of Amish moved to Little Rock would they be allowed to use horse drawn vehicles
which is their means of transportation. Mr. Carpenter responded that this is an absolute
ban of animal drawn vehicles, for hire or otherwise, except for parades. Mrs. Blackburn
said the Humane Society's opposition is not based specifically on Mrs. Thomas'
operation and it would not oppose the operation of horse -drawn carriages during the
Christmas season. She urged the Board of Directors to look at this as a public safety
issue rather than an animal rights issue. She hoped that after considering the facts, the
Board would decide that horse -drawn carriages are neither wise, nor humane, nor safe for
Little Rock. "We believe the use of horses for non - essential commerce in an urban
environment is intrinsically inhumane. " Mr. Clements felt the regulations prepared by
Fa
608
Minutes
December 14, 1999
Parks & Recreation are more than adequate for the welfare of the horses. Director
Kumpuris addressed two issues: (1) we have an operator that could have operated under
the old ordinance and should be able to move forward for a limited time during the
Christmas season; and (2) this is a real safety issue. However, he was agreeable to giving
this a trial month. Therefore, he would support Director Lichty's suggestion of passing
the Ordinance without the emergency clause, and having thirty days to prepare a better
ordinance. Upon question, Mrs. Thomas said she would operate within the spirit of the
new regulations prepared by Parks & Recreation Director Bryan Day. Following the
lengthy discussion, the rules were suspended to provide for the second and third readings
of the Ordinance by unanimous vote of the Board of Directors present, being 11 in
number and two - thirds or more of the members of the Board of Directors. Director Keck
moved to amend the Ordinance by striking Section 5 — Emergency Clause and
deleting the Emergency Clause in the title. Director Lichty seconded the motion which
was adopted by a voice vote of 10 ayes and 1 no (Director Adcock.) A roll call vote was
then taken on passage of the Ordinance as follows: Ayes — Directors Pugh, Lichty, Keck,
Stewart, Kumpuris, Kelly, and Mayor Dailey — total 7; Noes — Directors Hinton, Cazort,
Wyrick, and Adcock — total 4; Absent — None. Whereupon, the Ordinance, as amended,
was declared PASSED. (Director Cazort wanted the new Ordinance to be ready for the
next meeting; however, the Board agreed to allow Mr. Carpenter more time to prepare
the new Ordinance for the Agenda Meeting on December 28, 1999.)
(Director Cazort was excused at 5:35 o'clock P.M.)
The Board of Directors took a break from the reconvened meeting at 5:35 o'clock
P.M. to hear two presentations scheduled for the regular Agenda Meeting. At 6:55
o'clock P.M. the Board decided to defer Items 2 and 3 on the Agenda until December 20,
1999, due to the absence of Director Cazort since Mayor Dailey also had to leave for a
7:00 o'clock P.M. meeting. Therefore, the appointments to the City Beautiful
Commission and the evaluation of Cy Manager Cy Carney and City Attorney Tom
Carpenter were deferred until December 20, 1999.
There being no further business to be presented, the reconvened meeting was
adjourned at 7:00 o'clock P.M. with the Board of Directors to meet again in regular
session on Monday, December 20, 1999, at 5:00 o'clock P.M. (Note: The December 21,
1999 regular meeting had been rescheduled to Monday, December 20, 1999 at 5:00 P.M.
due to the Christmas holidays.)
ATTEST: APPROVED
Q,a,&'L ,
City Clerk Robbie Hancock 0ayor Jim Dailey
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