06-01-04Little Rock Board of Directors Meeting
June 1, 2004
6:00 PM
MINUTES
BOARD OF DIRECTORS MEETING
City Hall — 500 W. Markham
June 1, 2004
6:00 PM
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, Vice Mayor Hinton, Keck, Stewart, Hurst, Wyrick, Cazort, and Mayor Dailey, Graves.
Director Keck and Director Adcock were absent. Mayor Dailey gave the invocation. which was
followed by the Pledge of Allegiance.
Mayor Dailey asked the Board to consider the listed modifications to the agenda:
A motion was made by Director Cazort made the motion, seconded by Vice Mayor Hinton to
make the listed modifications to the agenda. By unanimous voice vote of the Board members
present, being two - thirds in number, the motion carried.
ADDITIONS
PRESENTATION
River Market Public Art Project — Director Kumpuris updated the Board regarding the plans
for ensuring visitors and citizens will enjoy five pieces of sculpture, which were presented via
PowerPoint Presentation Slides. He stated the money is being collected now, and individuals in
the City have promised the money. It fits into the design which was passed as part of the bond
issue, and will realize the barrier the interstate makes and will have a way of making this section
a transition zone. Director Kumpuris stated these sculptures are a gift to the city, and have been
reviewed by the Board and the City Manager. Director Kumpuris stated that Janie DeDecker did
three of the sculptures and she would be coming in when the sculptures are placed. Carol Gold
sculpted one of the pieces, which has been featured on the cover of Southwestern Art, a yearly
publication. One piece of sculpture is a large bronze eagle, which will be located at the entrance
to the Presidential Library Park. Director Kumpuris acknowledged the work and hours Mr. Skip
Rutherford, President of the Clinton Library Foundation has put forth.
M -1. RESOLUTION NO. 11,759 - To authorize the City Manager to extend a contract with
Ben E. Keith Food Distribution for one year, and for other purposes.
Synopsis: The contract is being extended to provide food products for the Special Nutrition
Programs Summer Food Service Program.
Mayor Dailey announced that the Mr. Carpenter, City Attorney, based on potential litigation,
suggested this item be deferred for two weeks. The attorney representing the applicant
concurred with Mr. Carpenter's opinion.
Little Rock Board of Directors Meeting
June 1, 2004
6:00 PM
16. ORDINANCE - S- 1100 -B — Granting variances from various lot development standards of
Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a
variance to allow a reduced front lot width on selected lots, a variance to allow a reduced
minimum of square footage on selected lots, a variance to allow a reduced front yard building
line on selected lots for the Capital Lakes Estates Tract -A — Governors Manor — preliminary
plat located north of Capitol Hills Boulevard at Rushmore Avenue. Planning Commission: 7
yes, 3 no. Staff recommends approval. Synopsis: The applicant is requesting the variances
from the Subdivision ordinance in developing 9.12 acres with 45 single - family lots.
Deferred to June 1, 2004 at applicant's request. The item was deferred to June 15, 2004.
PRESENTATIONS:
City Beautiful Commission — Landscape Awards Kick -off (June 1, 2004) — Mr. Tim Heiple,
Chairperson for the City Beautiful Commission. .
The Consent Agenda consisted of Items 1 -9 and M -1, listed above.
1. RESOLUTION NO. 11,760 - Z- 6554 -B - To set the date of public hearing for June 15, 2004
to revoke the existing PCD zoning, located at the northwest corner of Bowman and Kanis Road
reverting the property to its original C -3, with conditions zoning. Planning Commission: 11 yes,
0 no, Staff recommends approval of the requested revocation. Synopsis: The applicant requests
that the existing PCD zoning be revoked and the property revert to its original C -3, with
conditions zoning.
2. RESOLUTION NO. 11,761 - Authorizing use of Eminent Domain on the Fair Park
Boulevard Project (Interstate 630 to 12th Street). Staff recommends approval.
Synopsis: Authorizing use of eminent domain for five (5) parcels of land on the Fair Park
Boulevard (Interstate I -630 to 12th Street) Project. Local match funds for acquisition are
available from 1988 bond funds in account 301 - 220 -0065.
3. RESOLUTION NO. 11,762 - G -23 -189 — To change the name of Collins Street, from
Presidential Clinton Avenue to East 3`d Street to Mahlon Martin Avenue. Staff recommends
approval. Synopsis: The City of Little Rock is requesting to change the name of Collins
Street, between East 2nd and East 3rd Streets to Mahlon Martin Street, in honor of a past
City Manager. The name change will be extended to the block of Collins Street, between
East 2nd Street and President Clinton Avenue, once that street is rebuilt for 2 -way traffic.
4. RESOLUTION NO. 11,763 - G -23 -190 — To change the name of 20th Street, from Interstate
30 to University Avenue to Charles Bussey Avenue. Staff recommends approval. Synopsis:
Alonzo and Wanda Davis have filed an application asking that 20th Street between
Interstate 30 and S. University Avenue, be renamed Charles Bussey Avenue in honor of a
past mayor of the City of Little Rock.
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Little Rock Board of Directors Meeting
June 1, 2004
6:00 PM
5. RESOLUTION NO. 11,764 - To set the date for a public hearing to be held July 20, 2004 to
call for an island annexation (George Island Annexation) for the area in Section 15, T -2 -N, R -14-
W surrounded by the City limits. ) Synopsis: Arkansas State Law (Act 314 of 1979)
required the City Board of Directors to schedule a public hearing within sixty days of the
request to hear comments on the proposed island annexation.
6. RESOLUTION NO. 11,765 - Authorizing the Mayor and City Clerk to execute appropriate
documents to transfer certain real property to Sprint Communications LP for a utility
easement, and for other purposes. Staff recommends approval.
7. RESOLUTION NO. 11,766 - To approve the transfer of real property owned by the City
currently held for the Little Rock Sanitary Sewer Committee and to authorize the Mayor and
City Clerk to execute any necessary documents.
8. RESOLUTION NO. 11,767 - To allow the City Manager to enter into contact with L.E.G.
Enterprises, Inc. for installation of Loops within various wards, at a cost of $126,929. A 2004
Bond Project.
9. RESOLUTION NO. 11,768 - To authorize the City Manager to enter into a contract with
Tennant Sales and Service Company for the purchase of one High Side Dump Mechanical
Sweeper for the Public Works Department in the amount of $156,104.34.
The Consent agenda consisting of Items 1 -9 and Item M -1. The Consent Agenda was read
Mayor Dailey recognized the two men who were being honored by the renaming of two streets
in their honor. Collins Street, from Presidential Clinton Avenue to East 3 Street will be
renamed Malon Martin Avenue in honor of Mr. Malon Martin, who served over twenty years as
an employee or staff member of the City of Little Rock, the first African American City Manager
serving 1980 —1983, also serving under Governor Clinton as Director of Arkansas Department of
Finance and Administration, was recognized by President Clinton in a beautiful ceremony for the
naming of the Malon Martin Apartments on Main Street.
20th Street, from Interstate 30 to University Avenue will be renamed Charles Bussey Avenue. In
honor of Mr. Charles Bussey who was elected the Little Rock Board of Directors in 1969 as the
first African American to be elected in the state of Arkansas since reconstruction.
In 1981 he was elected mayor by his fellow City Board members and became the first African
American Mayor in Little Rock's history. Mr. Bussey continued his service to the City for over
twenty years.
Director Hinton, seconded by Director Pugh, made a motion to adopt the Consent Agenda. By
unanimous voice vote of the Board members present, being two - thirds in number, the Consent
Agenda was adopted.
The next consideration on the agenda was Citizens Communications.
Speaker: Janet Berry
Little Rock Board of Directors Meeting
June 1, 2004
6:00 PM
Topic: The improvement of the process of notification of neighborhood
associations of businesses requesting liquor permits.
The Grouped Items consisting of Items 10 -14 were the next consideration.
10. ORDINANCE NO. 19,117 - Z -7621— Reclassifying property located in the City of Little
Rock, Arkansas located at 2203/2225 Barrow Road, from R -2 to 0-3 and OS; amending the
official zoning map of the City of Little Rock, Arkansas; and for other purposes. Planning
Commission: 11 yes, 0 no, Staff recommends approval. Synopsis: The owners of the two (2) 5
acre tracts at 2203/2225 Barrow Road are requesting to rezone the property from R -2
Single Family District to 0-3 General Office District.
11. ORDINANCE NO. 19,118 - Z-7595 — Approving a planned zoning development and
establishing a planned office district titled Magness — Short Form POD located at the southeast
corner of Aldersgate Road and West 18th Street in the City of Little Rock, Arkansas, amending
the official zoning map of the city of Little Rock, Arkansas and for other purposes. Planning
Commission: 11 yes, 0 no, Staff recommends approval. Synopsis: The owners of the 0.32 -
acre property at the southeast corner of Aldersgate Road and West 18th Street are
requesting to rezone the property from R -2 to POD.
12. ORDINANCE NO. 19,119 - LU- 0319 -02 — To amend the land use plan (16,222) in the
Chenal Planning District from Single - family Multi - family, and Office to Neighborhood
Commercial, Park/Open Space, Public Institutional, Low Density Residential and Office; and for
other purposes. Staff recommends approval. Synopsis: Land Use Plan Amendments in the
Chenal Planning District from Single Family, Multi- family, and Office to Neighborhood
Commercial, Park/Open Space, Public Institutional, Low Density Residential and Office.
13. ORDINANCE NO. 19,120 - Z- 4807 -E — Reclassifying property located along the east side
of Kirk Road north of Chenal Parkway from Various Districts to R -2, MF -6, MF -18, 02 and
C -1. Planning Commission: 10 yes, 0 no, I absent. Synopsis: The owner of the 120 acres of
property located along the east side of Kirk Road, north of Chenal Parkway, is requesting
to rezone the majority of the property from Various Districts to R -2, MF -6, MF -18, 02 and
C -1.
14. ORDINANCE NO. 19,121 - To call a Special Election on August 17, 2004, on the
question of extending the existing annual ad valorem tax levy at the rate of one (1.0) Mill for the
acquisition, construction and equipping of land and capital improvements for the City's public
libraries; said ad valorem tax to be pledged to an issue or issues of bonds of the City of Little
Rock, Arkansas issued under amendments No. 30 and 72 to the constitution of the State of
Arkansas and Act 920 of 1993, not to exceed $25,000,000 in aggregate principal amount, to
refund two outstanding issues of capital improvement bonds and to finance the cost of acquiring
constructing and equipping land and additional capital improvements for the public city libraries
operated by the City of Little Rock and the Central Arkansas. Library System; prescribing other
matters pertaining thereto; and declaring an emergency.
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Little Rock Board of Directors Meeting
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6:00 PM
The ordinances (Items 10 -14) were read the first time. Motions were made by Director Hurst,
seconded by Director Cazort to place the items on second and third readings. By unanimous
voice vote of the Board members present, being two- thirds in number, the rules were suspended
and the ordinances were read the second time and third times. By unanimous voice vote of the
Board members present, being two - thirds in number the ordinances and emergency clause
(Items 10 -14) passed.
The Separate Items, 15-17, were considered as follows:
15. ORDINANCE - Z- 7500 -A - Approving a planned zoning development and establishing a
planned commercial district tiled Rees Development Long Form PCD located north of
Cantrell Road west of Pinnacle Valley Road in the City of Little Rock, Arkansas amending the
official zoning map of the City of Little Rock, Arkansas; and for other purposes. Planning
Commission: 10 yes, 0 no, 1 absent. Staff recommends denial. Synopsis: The applicant
proposes to rezone the site from R -2, single Family, to PCD to allow the development of two
buildings one a retail center and the second an office warehouse building. Mr. Tony
Bozynski, Planning Director, stated that late today, staff had received a revised site plan for this
proposed development. He stated he was of the opinion that the applicant wanted to go back to
the site plan that was approved by the Little Rock Planning Commission. Mr. Bozynski
explained that this was basically an amended application that removed a third building on the
rear of the property. The revised plan received today showed the two remaining buildings to be
increased in size, the back building by about 4000 square feet and the front building, which is
primarily retail, approximately 1500 square feet, plus some additional parking. Director Cazort
stated that to be consistent with what the Board has done in the past, if they are here with an
amended plan, the item would need to go back to the Planning Commission. Director Wyrick
asked Mr. Bozynski what the staff recommendation is on the plan received today. Mr. Bozynski
stated that Staff still recommends denial, the concern being that the intensity of the uses on this
property especially the retail aspect, the proposed front building which is approximately twenty -
three or twenty -four hundred square feet, the applicant has indicated C -3 uses, and feel that is
beyond the scope of what the transition zone, which is what the land use plan for this area
allows. Mayor Dailey asked the applicant to clarify the revised plan. Mr. Rees, the applicant,
stated they wanted to go back to the same building structure they originally had and the only
change is that they added additional parking in the front because of the commercial aspect of the
front building, and would adhere to all parking requirements and overly as specified for Highway
10. The back building would be reduced back down to what was approved the Planning
Commission, so the buildings would be exactly as the Planning Commission approved it. The
only change, becseu of the commercial aspect of the front building, is that they would like to
have the extra row of parking which is really needed for commercial use. Director Graves
asked if the applicant goes back to the site plan that was approved by the Planning
omission, is staff still recommending denial. Mr. Bozynski stated they were. Director Graves
asked why the Planning Commission had a unanimous vote for the application, and staff
recommended denial, that it was unusual for this to happen. Mayor Dailey stated that staff had
received a note form Mr. Moore that addressed why the Planning Commission had voted in
support of the application. Mr. Mizan Rhaman, Planning Commission Chairman, stated that he
recalled there was considerable discussion regarding the issue, and the applicant agreed to
Little Rock Board of Directors Meeting
June 1, 2004
6:00 PM
remove one of the main buildings that caused the most concern, from the Planning
Commission's standpoint, and that the remaining buildings were of a less intense use. Mayor
Dailey stated obviously if they are expanded, that gets a little more intense, but understood the
applicant was willing to forgo that. The adjacent property owner advised the commission that
the development would help the entire area, and based on his and the fact the applicant agreed to
several of the other conditions requested by staff, the Commission felt the PCD was appropriate
for this area. Mr. Bozynski stated he recalled that the applicant did address one of the concerns
and that was the development intensity by removing the third building, but their concern was still
with the overall use of the property, especially the proposed C -3 uses of the building that fronts
on Hwy 10. Mr. Rees stated his recollection of what happened when in front of the Planning
Commission, was that he understood the main problem was the back building. He stated he
agreed to remove it if that was the problem with the staff recommendations. Mr. Rees stated
they were planning on having general C -3 type commercial uses, such as ice cream parlor, a
movie, a restaurant, furniture store. He stated there is commercial on both sides of this property,
and it is a large commercial node at Taylor Loop and Highway 10. Director Cazort asked if the
applicant had an updated drawing of what the applicant had submitted tonight. Mr. Rees
presented to the Board the revised plan. Director Hurst asked Mr. Carpenter if the Planning
Commission approves a POD and then it comes to the Board with minor changes such as number
of parking spaces, could the Board approve it and those changes are made or does the item need
to go back to the Planning Commission? Mr. Carpenter, City Attorney, stated that what the
Board has done is send them back. He stated that saying a parking space is a minor change, is
something that was giving him a problem, because he stated he did not know that a sparking
space is a minor change. He said it has been required of some developers to come back in and
start the process again because their parking spaces were cut in half by a lot line that wasn't
really there. Director Hurst asked Mr. Carpenter if he thought this item needed sent back. Mr.
Carpenter stated he felt the Board did not need to act tonight. He stated based on what he had
heard, there were changes, and then there were not changes, and then this is the only change
being made, and one Planning Commissioner giving as statement to the Mayor as to what the
objection was, but there is more than one Planning Commissioner the same as there is more than
one director. Mayor Dailey stated the statement was actually given to the City Manager, but that
he was glad to have read the report that was given. Ms. Mary Beth Ringgold, speaking in
support of the application, stated that there were a number of concerns, one being that the
applicant removed the third building, and the second regarding the intensity, saying they went
through the same process almost seven years ago, and the Planning Commission stated even then
that it doesn't matter if the business is selling cheeseburgers or furniture it is a commercial
situation and granted it's a node but it's a large node from Kroger to Walgreen's and what is
going to be another restaurant development and David Claiborne is a large node itself and the
other node is the piece of property being discussed. She said she had multiple reasons for being
present tonight, one being that if this passes it will help her get parking (Capers Restaurant), and
which at the present is really a problem. Regarding the scenic aspect, she stated they were
awarded the City Beautiful Award for their landscaping and exceeded everyone's expectations.
She stated she would look forward to some nice clean commercial development. She stated
everything around this node is commercial. Mayor Dailey stated he thought the question before
the Board is whether to act on this tonight, or whether as Mr. Carpenter has suggested, it may
need to be deferred a couple of weeks to see if there is something that can be clarified so the
Board can be clear what is being acted on. Director Graves asked Mr. Carpenter if parking was
Little Rock Board of Directors Meeting
June 1, 2004
6:00 PM
the issue in terms of planning? Mr. Moore, City Manager stated that part of the difficulty came
in with a different drawing than was originally presented, and one of the things he had suggested
to Mr. Rees was to take a week or so, to allow staff to review the revised map, if there is one, and
come back next Tuesday. Director Graves asked the applicant if a two week delay would be a
problem, since the following Tuesday would mean a reconvened meeting? Mr. Rees responded
that he has had to delay closing and has had to go back to the people asking them to wait, and
said he would prefer a week, that he really needed the parking. Director Graves asked Mr.
Moore if he thought it needed to go back to the Planning Commission? Mr. Moore replied that
at this point he didn't think so, and until all the details are on the table could not make that
decision. Mr. Moore stated he was comfortable with the reconvened meeting next week, even
though he would prefer to delay it two weeks. Director Cazort suggested having he first reading
and defer the second and third readings to next week. Mr. Carpenter stated his concern about
having the first reading was that if it is decided that it needs to go back to the Planning
Commission, then your halfway through it, and would recommend not acting upon it until the
reconvened meeting. Director Cazort moved to defer the item one week to a reconvened meeting
to be held on June 8, 2004, Director Graves seconded the motion, and by unanimous voice vote
of the Board members present, the item was deferred to June 8, 2004.
16. ORDINANCE - S- 1100 -B — Granting variances from various lot development standards of
Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a
variance to allow a reduced front lot width on selected lots, a variance to allow a reduced
minimum of square footage on selected lots, a variance to allow a reduced front yard building
line on selected lots for the Capital Lakes Estates Tract -A — Governors Manor — preliminary
plat located north of Capitol Hills Boulevard at Rushmore Avenue. Planning Commission: 7
yes, 3 no. Staff recommends approval. Synopsis: The applicant is requesting the variances
from the Subdivision ordinance in developing 9.12 acres with 45 single- family lots.
Deferred to June 1, 2004 at applicant's request. Item was deferred to June 15, 2004.
OTHER BUSINESS
17. ORDINANCE NO. 19,122 - To amend Little Rock, Ark. Revised Code, Chapter 17, Article
1, Sec., 17 -5 to allow ice cream mobile units to park within the right -of -way of public streets that
are primarily residential streets where the speed limit is thirty miles per hour or slower in the
City of Little Rock. Synopsis: The ordinance would permit ice cream mobile units to
legally park within the right -of -way of any public street. Mr. Tom Carpenter, City Attorney
stated the amendment was made in response to the discussion from last week, and rather than try
and deal with arterial and collector streets, the language was changed to "primarily residential,
which would take care of that, and the speed limit was changed from thirty five miles per hour to
thirty miles per hour. There was brief discussion regarding safety issues, noise, and hours of
operation. Mr. Carl Long, President of Frosty Treats, Kansas City, Mo. Spoke Little Rock last
year, and encountered a few ordinance problems. He stated that staff had been very helpful and
was willing to take a lot of time with him to address these issues. He said they are very safety
conscious and responsible. The nice thing about this ordinance is that it regulates ice cream
trucks. He stated that his company has gone to using the Good Humor Bell rather than the music
in Little Rock, and the ordinance states that quitting time is one half hour after sunset. On
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Sundays, they operators cannot vend until after 12:00 Noon. The ordinance was read the first
time. Motions was made by Director Hurst, seconded by Director Cazort to suspend the rules
and place the ordinance on second and third readings. By unanimous voice vote of the Board
members present, being two- thirds in number, the rules were suspended. The ordinance was
read the second and third time. By unanimous voice vote of the Board members present, being
tow - thirds in number the ordinance passed.
Director Cazort made the motion to recess the meeting for one week; seconded by Director
Graves. By unanimous voice vote of the Board members present, the meeting recessed to
reconvened June 8, 2004.
ATTEST:
Nancy ood
City Clerk
APPROVED:
leyy