HomeMy WebLinkAbout06-20-00735
Minutes
City Hall — 500 W. Markham
Little Rock, Arkansas
June 20, 2000 — 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas, met in regular session with
Mayor Dailey presiding. City Clerk Nancy Wood called the roll with the following
Directors present: Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Vice mayor Wyrick,
Kumpuris, Kelly, Adcock — total 10.
With a quorum present, Mayor Dailey declared the Board of Directors in session and the
proceedings of the meeting are recorded as follows:
Vice Mayor Wyrick gave the Invocation, followed by the Pledge of Allegiance.
Mayor Dailey asked for a motion to modify the agenda as follows: Addition: M -1.
Resolution authorizing the City manger to enter into contract negotiations with
Counseling Associates, Inc. for the evaluation of prevention, intervention and treatment
programs at Step Up Support Center, BCD, Black Community Developers and Bureau of
Alcohol and Drug Abuse Prevention; and for other purposes. Deletion of Item 24, a
resolution to authorize entry into a contract for Summer Youth Employment Services. A
motion by Director Adcock and a second by Director Pugh were made to make the
modifications. By unanimous voice vote by all Board members present, the action was
approved. There was a motion by Director Keck to add item M -1 to the consent agenda,
a second was made by Director Cazort, and by unanimous voice vote by Board members
present, and the motion was adopted. Mayor Dailey asked Dr. Anderson of UALR to
give a brief update on the study the UALR committee is doing regarding water
agreements between Little Rock, and North Little Rock. Dr. Anderson stated they have a
July 31 target date, but may go slightly beyond that time. He asked if the Board would
like to meet with the committee for input, and welcomed them. They do not have any
conclusions yet but were optimistic the study would be helpful. The next presentation
was a civics class from Robinson Jr. High School making a presentation regarding
justification for obtaining a traffic light at the Highway 10 and Chenal Parkway
Intersection. Director Keck explained this was a class project that this group of students
and other colleagues put together. Director Keck announced this project had qualified as
a national competition. Director Keck asked for Ms. Harper the class's instructor, to be
recognized. Mayor Daily asked Mr. Moore, the Assistant City manager to respond back
to the Board on this issue, and through their teacher, get information back to the students.
Director Lichty asked to add Items 22 and 23 to the consent agenda, Director Adcock
seconded the motion, with the stipulation that the names of the groups receiving the funds
be announced when the items were read, and by unanimous voice vote Items 22 and 23
were added to the consent agenda.
Mr. Moore asked the Board to reverse a decision on Item 24. The Summer Youth
Employment Services, because Item 22 also had employment programs, staff had been
advised earlier these were duplicates, however, Item 24 is actually needs to be added
back to the agenda. Director Cazort made the motion to add item 24 back to the consent
agenda. Director Pugh seconded the motion. By unanimous voice vote all Board
Members present were in favor of the motion. Mr. Moore stated the City Attorney had
advised that Item M -1, was not to be added, as it had not been negotiated, as of this point.
The City attorney advised that this item be deleted from the agenda. The motion was
made by Director Lichty to delete Item M -1, Director Adcock seconded the motion and
by unanimous voice vote by Board Members present all were in favor.
1. APPROVE Minutes of the Board of Directors regular meeting held April 18, 2000;
reconvened meeting held April 25, 2000.
2. RESOLUTION NO. 10,842 - Expressing the willingness of the City of Little Rock to
utilize federal aid monies for Geyer Springs rail grade separation.
3. RESOLUTION NO. 10,843 - Approving submittal of additional —2001
Transportation Improvement Program (TIP), Financial Centre study and War
Memorial bike lanes and sidewalks.
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4. RESOLUTION NO. 10,844 - To set the date of public hearing for July 5, 2000, to
vacate and close the alley in Block 8, Glendale Addition, between Rose and Walnut
Streets in the Blankinship Subdivision. (Planning Commission: 8 yes, 0 no, 3 absent)
Staff recommends approval.
5. RESOLUTION NO.10,845 - To authorize the Mayor to convey a utility easement in
City right -of -way to Entergy Arkansas, Inc. for the purpose of constructing a utility vault
to serve downtown Little Rock; and for other purposes.
Barbara Osborne and Dorothy Nayles, City staff, gave a brief presentation and overview
of the distribution of monies and services for Items 22, 23, and 24.
22. RESOLUTION NO. 10,846 - To authorize the City Manager to enter into contract
negotiations with three competitively selected organizations to provide summer youth
recreation and employment programs; and for other purposes.
23. RESOLUTION NO. 10847 - To authorize the City manager to enter into contract
negotiations with two organizations to provide additional citywide youth prevention
programs; and for other purposes.
24. RESOLUTION No. 10,848 — To authorize a contract with Little Rock Career
Development Center to provide summer youth employment and academic enrichment
services; and for other purposes.
The consent agenda was read. Mr. Carpenter made a notation that two of the resolutions
were not in final form. A motion was made by Director Adcock to adopt the consent
agenda, seconded by Director Pugh. By unanimous voice vote, the consent agenda was
adopted. Director Keck stated he would like to abstain on Items 22 and 23 due to the fact
that the tally sheets that were presented to the Board did not necessarily reflect what took
place.
Director Kumpuris stated he had spoken to two or three members of the Pleasant Valley
Estates Neighborhood Association and they have asked the Board not to discuss the
traffic issue at this meeting. Director Cazort asked for additional information as to what
constitutes warranted requirements to put up a stop sign, what constitutes a warranted
requirement that a stop light should be there, and what has been done to determine
whether either of these are warranted in the area.
Director Keck announced that staff had shown him a copy of the final tally sheet that
showed the mis -print and he would vote to accept the consent agenda.
6. ORDINANCE NO. 18,288 - To grant Nextel Partners a waiver of the requirement to
come into compliance at this time with the landscape provisions of Little Rock, Arkansas,
Ordinance No. 18,173 (December 20, 1999) for eight wireless communications towers in
existence on the date of the ordinance; to set certain conditions for these eight sites; and
for other purposes. Mr. Carpenter cited some changes that were made to the draft of the
ordinance that was presented June 6, 2000. Mr. Randy Frazier, attorney for Nextel
Partners, stated he would answer any questions, and had photographs of each site
location. Ruth Bell, with the League of Women Voters of Pulaski County, stated she
thought she understood the substance of this issue but got more confused as she listened,
then when Mr. Frazier explained what the other attorneys had been talking about, she
understood the issue better. She said her group was interested in how this approach to
handling request for variances on existing sites works out increasing the opportunities to
landscape where needed. She stated it was difficult to get information if you are an
ordinary citizen asking about this particular item. She stated she did not know whether
the problem was in how she was asking or who she was asking or whether its how the
existing ordinance is written, or how it plays out in reality, but is concerned that it is
difficult for the public to get information about a possible change or alteration in
something that exists. She stated that there apparently was not a requirement to post a
notice on the premises or notify adjacent property owners. She said that is a change she
would recommend for this particular ordinance. She stated it was important in this
particular ordinance for the public to be aware of what is going on and or have an
opportunity to respond or get information. Director Lichty said this was the second time
he had heard this complaint tonight and felt it was a valid one. He asked why
information that is available to the Board the previous Thursday, is not available to the
public, and asked where the breakdown was occurring. Mr. Carpenter stated this
particular ordinance was not available last Thursday. The write up has been available for
two weeks but the draft of the ordinance before the Board tonight is based upon the initial
draft the company Nextel had concerns, and the Planning Commission had some
concerns with that, and the discussions continued in some detail. Most of the discussions
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focused upon stylistic types of questions more than sustentative types of questions. The
sustentative questions are the ones dealt with tonight. Director Lichty asked Mr.
Carpenter if there was a draft of the ordinance available last Thursday. Mr. Carpenter
said yes, there was a draft. Ms. Bell stated that she did not think anyone was denying her
access, she thought either she was not asking the right people. Director Lichty said this
needs to be clarified now. Is the right person the City Clerk, the City Manager, or City
Attorney? Mr. Bruce Moore stated he had received a call earlier this afternoon in
regarding this issue and in conversation with the city clerk, he was looking for the final
draft of the ordinance of the final draft that is before you tonight, and was advised that it
was still under revision in the City Attorney's office. The clerk's office did not have this
draft, and told ms. Berry as soon as it was finished we would get it to her. The
information the clerk has was put together last week, but the final draft of this ordinance
was not available earlier this afternoon. Director Lichty said he just wanted to make sure
that anything the Board is privy to, that the public is privy to. Mr. Norm Floyd was the
next speaker on this issue. Mr. Floyd stated that Ms. Wood, City Clerk, had been very
gracious and has shared everything that she had with us, but that his group called
yesterday afternoon and spoke with the City Manager's office and were told that the
latest copy of the ordinance was at the City Clerk's office. Ms. Wood said, yes, here is
the copy. As it turned out this was the same copy of the two - week -old ordinance. Ms.
Wood at that time did not have the revised copy. Mr. Floyd stated he had several
complaints about the original ordinance most of which the errors have been addressed
and fixed. He was only concerned now with 8616 Asher Avenue, the tower that is
currently located in Optimist Park. It was his understanding that there had been some
negotiation between the Optimist Club and Nextel that is not in this ordinance. He asked
Mr. Frazier to elaborate on this issue. Mr. Carpenter stated the revisions listed earlier
included the north, east and west screening provisions. Ms. Janet Berry spoke on the
issue, stating she did support the changes that have been made. She stated she obtained a
list of all eight sites about three weeks ago and had visited all of them, and with the
revisions tonight, felt the city would be a prettier place to be. She said she appreciated
Nextel's good neighbor policy. She stated she felt this type of discussion should be at the
Planning level rather than the Board level. The planning Commission had requested to
hear this, and the staff interpretation was that it needed to come to the Board first. She
stated she felt this an inappropriate forum. She stated she objects to citizens and
neighborhood groups not being notified when they are affected by changes. Mr. Frazier
said he wanted to make sure everyone was clear. There are some communication
problems, but hopefully they can be worked out. Mr. Frazier stated that if they were
directed to go to the Planning Commission in the future they would be glad to do so, but
would like to keep the focus on the eight before the Board tonight. Director Adcock said
she would like to make a motion to amend on page 6, line 2, where it states owner of said
residence and add to that "or neighborhood association." Director Hinton seconded the
motion. Mr. Carpenter stated the concern he had was the neighborhood associations
sometimes aren't necessarily entities, and may of them are not. Mayor Daily said that
possibly this would be an administrative action, asking that this become part of the
process but not part of the law, since it is hard to define exactly what an association or
group amounts to. Director Lichty stated it seemed to him a more appropriate way would
be at the time these issues come up before the Planning Commission or the Board the
appropriate neighborhood association be sent the write up but to require that it pass that
filter again, raises a question that he believed all the Board was aware that he was very
concerned with. Mr. Lawson, Planning Director stated the way these are set up they
come to him first, and they could notify the associations. . Mr. Moore agreed that there
would be an administrative step to handle notifications. Director Adcock withdrew her
motion; Director Hinton withdrew his second to the motion. Director Adcock made a
motion, with a second to the motion by Director Pugh, to suspend the rules and the
ordinance was read the second time. The ordinance was read the second time. A motion
by Director Cazort to amend the ordinance to reflect he revisions stated by the City
Attorney, the motion was seconded by Directory Kelly. By unanimous voice vote the by
the Board members present, the ordinance was amended. Director Keck made the motion
to put the ordinance on the third and final reading; Director Cazort seconded the motion,
by unanimous voice vote, all Board members present were in favor. The ordinance was
read the third and final time as amended. By unanimous voice vote of Board members
present the ordinance was unanimously adopted. The emergency clause was adopted
by unanimous voice vote of Board Members present.
Mayor Dailey declared the public hearing open on Item 7 and Item 8. There was no
opposition to either item. The public hearings were declared closed.
Mayor Dailey asked for the grouped items, Items 7 -17 be read the first time.
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7. PUBLIC HEARING &ORDINANCE NO. 18,289 - To vacate and close the alley
right -of -way between West 18th Street and West 19th Street, Block 5, Blankenship
Addition in the Original City of Little Rock, Arkansas; and for other purposes.
8. PUBLIC HEARING & ORDINANCE NO. 18,290 - To vacate and close the alley
between West 6th Street and West 7th Street, Block 330 of the Original City of
Little Rock, Arkansas, and for other purposes.
9. ORDINANCE NO 18,290 - Reclassifying property located at 6219 Baseline Road
from "C -4" — Open Display Commercial District, and "R -2" Single Family District to "R-
2", Single Family district, 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.
(Planning Commission: 8 yes, 0 no, 2 absent); Staff recommends approval.
10. ORDINANCE NO 18,292 - To repeal Ordinance No. 16,851 and revoking a
Planned Zoning District titled "The Village at Chenal — Long Form PCD, and
establishing a revised PCD titled The Village at Chenal, revised Long Form PCD ", and
reclassifying certain land as "R -2" single family and "C -2" Shopping Center District; and
for other purposes
11. ORDINANCE NO. 18,293 - Approving a Planned Zoning Development and
establishing a Planned Development Office titled Trammel — Short Form PD -O,
located at 13608 Kanis Road in the City of Little Rock; and for other purposes.
12. ORDINANCE NO. 18,294 - Approving a Planned zoning Development and
establishing a Planned Residential District titled Oak Place Court — Short Form PRD
located at 13,123 Baseline Road in the City of Little -Rock; and for other purposes.
13. ORDINANCE NO. 18,295 - Amending Chapter 31 of the Code of Ordinances of the
City of Little Rock, Arkansas providing for a waiver of all subdivision ordinance
requirements for lots 13 and 14, CERE'S Addition located on the east and west sides of
Arch Street Pike; and for other purposes.
14. ORDINANCE NO. 18,296 - A Land Use Plan Amendment in the West Little Rock
Planning District from Single Family to Suburban Office, located in the 200 Block of
North McKinley Street.
15. ORDINANCE NO. 18,297 - Approving a Planned Zoning Development and
establishing a Planned Residential District titled Parents and Friends of Children,
Inc. — Short -Form PRD, located at 4300 West Markham Street 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.
16. ORDINANCE NO. 18,298 - Approving a Planned Zoning Development and
establishing a Planned Residential District titled— Short Form PRD, located at the
Pleasantree 4th Addition at the east end of Pickering Drive in the City of Little Rock,
Arkansas, amending Chapter 36 of the Code of Ordinances of the City of Little Rock; and
for other purposes.
17. ORDINANCE NO. 18,299 - Amending Chapter 31 of the Code of Ordinances of the
City of Little Rock, Arkansas, providing for a deferral of Boundary Street Improvements
for Valley Falls Estates Subdivision located on the west side of South Katillius Road
and south of Cantrell Road.
The Ordinances were read the first time. The rules were suspended to provide for the
second and third readings of the Ordinances 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. By unanimous voice vote by Board Members present, the ordinances were
adopted.
18. ORDINANCE Approving a Planned Zoning Development and establishing a
Planned Office District titled Southridge Office Park — Long Form POD located at the
northwest corner of Cantrell Road and Southridge Drive in the City of little Rock,
Arkansas, amending Chapter 36 of the Code of ordinances of the City of Little Rock; and
for other purposes. (Ordinance was deferred to July 5, 2000.)
19. ORDINANCE — Approving a Planned Zoning Development and establishing a
Planned Office District titled — Short Form POD, located on the north side of Cantrell
Road, east of Southridge Drive in the City of Little Rock, Arkansas, Amending Chapter
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36 of the Code of Ordinances of the City of Little Rock; and for other purposes.
(Ordinance was deferred to July 5, 2000.)
Director Kumpuris recused on items 18 and 19. Planning Director Mr. Jim Lawson
gave a briefing on the items. Mr. Lawson stated the development is an office
development. The land use plan shows a transitionary which does allow for offices. In
terms of the land use plan there is no issue. The development shows an office building
on Cantrell Road and Southridge Road, and Plesantridge Road across the street. It was
proposed to be a 20,000 square foot development, it was also proposed the bank be on the
east side. The fire station is at this location. As part of the review when this was first
proposed, the planning department was concerned about the two access points being
close together. The Planning Department worked with the Fire Department and the Public
Works Department and the issue was resolved, as neither of these entities had a problem
with this. Public Works Director, Bob Turner stated they had previously studied the
other location where the bank was on the east, side, which was a concern. He stated they
analyzed this and determined the layout would work. The fact that there will ultimately
be a signal at Pleasantridge Road that by having this access point to the bank at that
location is the preferred location. People traveling from the east will probably enter this
location but probably exit through the Southridge location. In his opinion he felt this was
a better traffic flow than the previous layout. There was more discussion and questions
concerning the development. Director Cazort asked if the plan to flip the bank to the
other side had just occurred today. Mr. Lawson answered that it had. Director Cazort
asked if anyone had reviewed the plan at this point. Mr. Lawson stated that it had gotten
staff review and had previously been discussed at the Planning Commission level.
Director Adcock asked if the neighborhood associations had seen the changes. Mr.
Lawson answered they had not. Director Adcock asked what plans were being made to
take this back too the neighborhood people, because there had been letters, calls and
faxes on this issue. Mr. Lawson stated the applicant would need to be asked of those
plans and they were present at this meeting. Director asked if the Board break could be
taken fifteen minutes early at this meeting, so the applicant and the neighborhood people
look at this. Mr. Dickson Flake, representing the applicant, stated they had tried all
afternoon through one of the board of the association to gather a group of the neighbors,
but were unsuccessful, but did meet with four or five members before the meeting
tonight. He stated they did come early, so as to meet with members as they came in.
Director Adcock made a motion to keep the item on first reading to give Mr. Flake an
opportunity to meet with the neighborhood people. Mr. Flake stated the developer
postponed this issue before when it was scheduled before so as to try and work something
out with the neighbors, then came back and asked that this be put on the agenda for the
June 6, 2000 meeting, and were then delayed until tonight from the June 6 meeting so
that it could be taken up at the same time as another application to the east of this. Mr.
Flake stated they had worked, and done all they knew how to do, and had gone to the
limit as to what they could do to work this out. Mayor Dailey stated the Board would
proceed with at least, the hearing tonight. Mayor Dailey recessed the meeting at 7:45
P.M. allowing the neighborhood and the applicant to discuss the issue. The meeting
reconvened at 8:17 P.M. Director Adcock made the motion to hold items 18 and 19 on
first reading. Director Pugh seconded the motion. A voice vote was taken as follows:
Yes: Directors Pugh, Cazort, Keck, Stewart, Wyrick, Adcock, No: Director Lichty,
Director Kumpuris recused, Directors Hinton and Kelly were not present for the vote.
The items were read the first time. The items were deferred to July 5, 2000.
20. ORDINANCE NO. 18,300 - To amend the Land Use Plan (16,222) in the Pinnacle
Valley Planning District from Mixed Office Commercial to Commercial; and for other
purposes
Planning Director Jim Lawson gave a staff presentation. The land has been planned for
a long time, actually zoned in 1985. At the time of the plan there was a clear separation
between the office area and the commercial area, but within the last year or so the plan
has been changed to reflect MOC, Mixed Office and Commercial. What has occurred is
as the land has been developed over the years, the plan has changed somewhat to meet
the market. There has been a shift changing from the office over to the commercial. The
applicant is now asking for is to change this to Commercial from Mixed Office and
Commercial, which would allow his request for "C -3 ", general commercial district. The
land to the south is already zoned "C -3 ". When this plan was done many years ago and
zoned there was no Highway 10 plan. This was before the Highway 10 plan. There was
some concerns that it had to be zoned "C -2 ", shopping center district, in order to allow
site plan review and "0 -2 ", office and institutional district because there was no plan.
Since that has occurred there is a plan. The have done a good job of the development. It
seems fair if you have "C -3" across the street, then the plan should be amended, based on
the fact that there is a roadway there, and zone this commercial. He stated that staff does
support the land use change and the request from "C -2" to "C " -3 in Item 21. Director
Adcock asked the applicant, Mr. Willis, to answer a question. Director Adcock stated to
Mr. Willis "This is a question I have asked you privately, but it's one that I have been
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asked, and I would like for you publicly to state that this is not the first step in putting the
Walmart Store on Highway 10, please." Mr. Ed Willis answered, "This is not the first
step in putting a Walmart at the Ranch." Mayor Dailey stated there was a letter he had
been asked to read, and make the statement a part of the record. The letter was from John
Towne, representing the Highway 10 Alliance, dated June 19, 2000. The letter read:
Dear Ed. Thank you for sitting down with me to discuss the rezoning issue at the Ranch
most of it. I
am happy to see that we have man of the same goals for the future of Highway
commend you and your partners for the job you have done at the Ranch to this
The Alliance sunnorts the tenants of the original Hiahwav 10 plan, of which cc
of
r the commercial tracts within your development, as long as traffic
d. With the extension of Chenonceau and the traffic signal, this should
After conferring with a number of neonle both inside and outside of
to "C -3" as
requested. Your intention to develop the tract with proper scale and design standards
should enhance not only the Ranch, but also highway 10 as a whole. Sincerely, John
Towne, Chairman.
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. By unanimous voice vote by Board members present, the ordinance was
adopted.
21. ORDINANCE No. 18,301 - Reclassifying property located at 17800 -17900
Cantrell Road in the City of Little Rock, Arkansas, from "0 -2" Office and Institutional
District to "C -3 ", General Office District amending Chapter 36 of the Code of
Ordinances of the City of Little Rock, Arkansas; and for other purposes.
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. By unanimous voice vote by Board members present, the ordinance was
adopted.
Mr. Bruce Moore Assistant City manager gave the City Manager's Activity Report
which consisted of: Update on the Vision Little Rock process. A copy of the retreat
agenda for the coming Saturday was passed out to each Board member.
There were no speakers during Citizen Communication.
Director Pugh stated that she would like to have a demolition list and to check 2216
Pulaski, 2002 Pulaski and 1311 West 21s' Street are on this list, and if they are not, she
felt they should be added. She stated there were signs in the yard at 1318 and 1319 for
seventy -two hours for them to cut the grass, and was posted the 13th. The one at 1319
had been cut, but was messy and still lying in the yard, and the back of the yard had not
been touched. Behind the house, of 1318, someone needs to go check it, that it was
completely grown up, and something really needed to be done. She stated she had given
staff previously an address, dealing with the same problem on W.25th Street, was
incorrect, the correct address was 2923 W. 25th Street. She asked staff to provide her
with information on the shows at the airport. Mr. Moore stated it was staff s intention at
the next agenda session, a demolition ordinance, and would check the addresses given by
Director Pugh and if they were not on the list would provide an update. Director Keck
had three items to discuss. (1) Acquiring automated ticketing machines that would
photograph drivers and their automobiles showing license plate and also register their
speed. He stated Hinson Road was one that was becoming more and more dangerous,
recently a number of automobile accidents occurring there, and this may be a possible
solution. City Attorney Tom Carpenter stated this issue had been under discussion for
some time, and what has been pointed out is that there are various issues. One issue deals
with necessity for change in state statute at a minimum, it may need to deal with an
amendment to the rules of criminal procedure, which would be done by the Arkansas
Supreme Court, and conceivably it may need a constitutional change. Mr. Carpenter
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stated he and Mr. Turner had been in several conversations regarding this issue recently
and have determined the various jurisdictions in the country that have these successfully,
virtually everyone them are very high - powered home rule cities that can pretty much set
their own rules. Mr. Carpenter stated the cities that do these successfully use high -
resolution cameras, taking front on pictures so you can see who the driver is and also
require the front license plate, which Arkansas does not require. He stated they have
found a couple of jurisdictions that make it a strict liability offense to have a car that
speeds. Except for those people who have their car stolen, then anyone's car caught
speeding ends up paying the ticket. Director Keck stated he and other Board members
saw a demonstration of these and met for sometime with one of the vendors. The
equipment and technology is available, and if a change in legislation were needed on day
`- one of the legislative session would like to have legislation prepared at the support of the
local delegation. Director Cazort stated he had a problem with the system which, if you
own the car you pay the ticket, and if the city does this, then he thoughts were that it had
to be done through the criminal standards of identifying the driver. Mr. Carpenter stated
if you go that way then you start amending the rules of criminal procedure because
officers are limited in what they can do in terms of serving warrants. Director Cazort
stated he would not support the issue if were based on a civil basis only. Director Keck
asked Mr. Carpenter to provide an outline of the process that would need to be taken both
through the judicial system, and the legislatively to find out if this is something the city
can successfully do, or if this would be such a lengthy process that something else would
need to happen before anything could be done. Director Keck asked Mr. Carpenter for
information on a house that was built in west Little Rock that was found to be out of
compliance, and was constructed without any permits and process and going through the
normal construction process because someone built the home themselves and was their
own contractor. They have come in compliance with their home and the inspections
required, but have not landscaped their yard. The yard is overgrown with weeds, has
rocks, completely offensive to its neighbors. Director Keck stated it was brought to his
attention there was no ordinance or requirement for any type of landscaping when a home
is constructed, and asked Mr. Carpenter if that was accurate. Mr. Carpenter replied he
did not know. Director Keck asked Mr. Carpenter to research this and if it were accurate
information, would he draw up an ordinance that says someone has to plant grass at some
point in time if they are building a new home. Director Keck wanted to have, an
ordinance that puts a procedure in place where privilege license or permits that have been
issued for home based businesses, because a few that have those permits are not good
neighbors, and are flaunting their ability to be in existence forevermore and currently
there is no provision that allows for revocation of permits. Director Keck asked Mr.
Carpenter to draft an ordinance of this nature. Director Hinton asked if the staff could
look at some issues that a citizen, Mr. Phillips had brought up to him before the meeting
tonight. Mayor Dailey stated that information had come from the Police Department on
this gentleman and everything had been done that he know how to do. Mayor Dailey
stated he had not seen anything that indicated to him that the Police Department has
operated in any way except for the proper manner. Mayor Dailey asked that the
information regarding Mr. Phillips be circulated to the Board so everyone could be up to
speed. Mr. Carpenter stated he had just spent the last several minutes with Mr. Phillips
and was able to pinpoint what Mr. Phillips was asking for. The concern is what is the
basis of certain statements made by the prosecuting attorney made against him in court.
Mr. Carpenter advised him to take his docket sheet go tomorrow to Municipal Court, find
out the incident number that relates to the docket sheet and go to the police department
and get the incident number. That report should say wherever they got the information.
That does not mean the information is true because people say things all the time to the
police that aren't true. It would tell him what the basis for the statements was. Director
Hinton sated they were having a lot of weed lot issues and would be out with a team of
people to look at some of the problem places. Mayor Dailey asked the City Manager's
Office to report back on what the needs are, contract options, an action plan etc. Mr.
Moore stated that in the neighborhood programs the weed lot program had been revised
this year to include contracting lots out for cutting and cleanup. Director Hinton asked
that the youth job announcements be broadcast on the access channel to inform the youth
of where they can apply for the jobs. Director Hinton brought up the issue of speed
humps again, stating that there had been a shooting at 22nd and Valmar, , 22nd and Lewis
this past week where there was shooting going on and the kids were driving fast as they
could up and down those streets. Director Stewart asked Mr. Carpenter regarding the
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July 8th deadline on the Entergy utility relocation. She stated she was concerned, that she
had talked Mr. Harris and Mr. Jim Martindale and was concerned that ratepayers would
have to take this on. It appeared from the conversation she had with them, there would
be a third party, and that party would be the ratepayers. Mr. Carpenter stated in his
opinion that was nonsense, he stated he thought they knew it was nonsense. He stated he
thought it was noting but a scare tactic that takes us out of the legitimate debate as what's
the City's responsibility and tries to turn it into some kind of political issue, which it is
not. He stated he was sorry he was not present during that conversation because he
would have told them that himself, and felt it inappropriate for them to do that. Mr.
Carpenter stated there were some legitimate issues, which there are legitimate
disagreements, but to come to a Board Member and say every ratepayer is going to have
to pay for this and not tell you that is built into their rate structure already and has been
for the last forty years, and it is inappropriate. Director Stewart stated during that
conversation, she listened, because she was concerned about the issue. She said she did
ask about their attorney meeting with Mr. Carpenter and they did not want to go to court.
Mayor Dailey asked Mr. Carpenter if he was planning on coming back to the Board with
information before the July 8th deadline. Mr. Carpenter's response was that he did intend
to.
A motion was made by Director Keck, seconded by Director Adcock to adjourn. By
voice vote by all Board Members present the meeting was adjourned at 8:55 PM
ATTEST:
City Clerk Nancy Wood
8
APPROVE:
�I (A
ayor Jim Dailey