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01-06-04Minutes: City of Little Rock Board of Directors January 6, 2004 BOARD OF DIRECTORS MEETING — City Hall – 500 W. Markham January 6, 2004 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey Presiding. Assistant City Clerk, Nataki Blocker called the roll with the following Directors Present: Pugh, Vice Mayor Hinton, Keck, Adcock, Stewart, Hurst, Wyrick, Cazort, and Mayor Dailey. Director Pugh, Keck, Stewart, Adcock were not present at roll call, but enrolled between 6:15 PM and 6:18 PM. 'Vice Mayor Hinton gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider adding the listed modifications to the agenda. ADDITIONS: M -1. ORDINANCE 19,035 - To amend Little Rock, AR, Ordinance No. 18,929 (September 2, 2003) to clarify the City's position as to a public utility and drainage easement for an abandoned portion of right of way on Chenal Valley Drive; and for other purposes. DEFERRALS: 2. MOTION - To set the date of public hearing for January 20, 2004 . to appeal the Planning Commission's action in approving a Special Use Permit to allow a day care family home on the R -2 zoned property at 7516 Vega Drive. Planning Commission: 9 yes, 0 no, 2 absent. Staff Recommends denial of the resolution, approval of the Special Use Permit. Synopsis: Mr. Troy Laha is appealing the Planning Commission's action in approving a special use permit allowing a day care at 7516 Vega Drive. 3. MOTION - To set the date of public hearing for January 20, 2,003 to appeal the Planning Commission's action in approving a Special Use Permit to allow a day care family home on the R -2 zoned property at 5200 Westminster Drive. Planning Commission: 9 yes, 0 no, 2 absent. Staff Recommends denial of the resolution, approval of the Special Use Permit Synopsis: Mr. Troy Laha is appealing the Planning Commission's action in approving a special use permit allowing a day care at 5200 Westminster. 4. MOTION - To set the date of public hearing for January 20, 2004 to appeal the Planning Commission's action in approving a Special Use Permit to allow a day care family home on the R -2 zoned property at 10211 Republic Lane. Planning Commission: Minutes: City of Little Rock Board of Directors January 6, 2004 9 yes, 0 no, 2 absent. Staff Recommends denial of the resolution, approval of the Special Use Permit. - Synopsis: Mr. Troy Laha is appealing the Planning Commission's action in approving a special use permit allowing a day care at 10211 Republic Lane, 27. ORDINANCE - Z- 5097 -E — Reclassifying property located at the southeast corner of Cantrell Road and Chenal Parkway from C -3 (with conditions) to C -3; amending the Official Zoning map of the City of Little Rock, Arkansas, and for other purposes. Planning Commission: llyes, Ono, 0 absent. Staff recommends approval. Synopsis: The owner of the undeveloped 2.256 acre tract located at the southeast corner of Cantrell Road and Chenal parkway is requesting that the zoning be reclassified from C -3 (with conditions) to C -3. (Defer to January 20, 2004 at Applicants Request.) A motion was made by Director Adcock, seconded by Director Cazort to add M -1 to the list of grouped Items and to defer Items 2, 3, 4 and 27. By unanimous voice vote of the Board members present the Medications were made. Mr. Carpenter, City Attorney announced that at a community meeting held on January 5th the Sewer Committee showed some amended drawings showing that there are matters going through Director Wyrick's property, and that Director Wyrick had asked Mr. Carpenter what should be done about that, since she had voted on the sewer issues, thinking that there was no conflict at the time. Mr. Carpenter stated he advised Director Wyrick that the Board might be asked to permit her to change her vote to a recusal because of a conflict and if it would not, she would note that she had voted based on the information she previously had, and would recuse in the future. Mayor Dailey recognized Director Wyrick. Director Wyrick stated she would appreciate the Board giving her that consideration. She said she had tried the best she could to find out the information prior to the vote, and had been told that she didn't have property in conflict, but as it turns out, she found out last night that she does. Director Wyrick stated she would not be voting on any of the issues coming forward. She apologized for any inconvenience this has created. Mayor Dailey stated the motion is before the Board and called for a vote. By unanimous voice vote of the Board members present, being two - thirds in number, the motion carried. Bruce Moore, City Manager, recognized the new fire chief, Rhoda Mae Kerr. Chief Kerr, briefed the citizens on the events of the fire involving a chemical plant in Conway, Arkansas. CONSENT AGENDA (1 -6) 1. MOTION - To approve Minutes of Regular Board of Directors Meetings: Regular Meetings: Oct. 21, November 4, November 18, and Reconvened Meetings: October 28, and November 25, 2003 2. MOTION - To set the date of public hearing for January 20, 2004 to appeal the Planning Commission's action in approving a Special Use Permit to allow a day care family home on the R -2 zoned property at 7516 Vega Drive. Planning Commission: 9 2 Minutes: City of Little Rock Board of Directors January 6, 2004 yes, 0 no, 2 absent. Staff Recommends denial of the resolution, approval of the Special Use Permit. Synopsis: Mr. Troy Laha is appealing the Planning Commission's action in approving a special use permit allowing a day care at 7516 Vega Drive. Item deferred.. 3. MOTION - To set the date of public hearing for January 20, 2003 to appeal the Planning Commission's action in approving a Special Use Permit to allow a day care family home on the R -2 zoned property at 5200 Westminster Drive. Planning Commission: 9 yes, 0 no, 2 absent. Staff Recommends denial of the resolution, approval of the Special Use Permit. Synopsis: Mr. Troy Laha is appealing the Planning Commission's action in approving a special use permit allowing a day care at 5200 Westminster. Item deferred. 4. MOTION - To set the date of public hearing for January 20, 2004 to appeal the Planning Commission's action in approving a Special Use Permit to allow a day care family home on the R -2 zoned property at 10211 Republic Lane. Planning Commission: 9 yes, 0 no, 2 absent. Staff Recommends denial of the resolution, approval of the Special Use Permit. Synopsis: Mr. Troy Laha is appealing the Planning Commission's action in approving a special use permit allowing a day care at 10211 Republic Lane. Item deferred. 5. RESOLUTION NO. 11,651 - G -23 -332 - To set the date of public hearing for January 20, 2004 on the petition to abandon the undeveloped Hanger Street right -of -way adjacent to Lots 7 through 12 Block 2 Hanger's Addition, north of East 9"' Street. Planning Commission: ]]yes, 0 no, 0 absent. Staff recommends approval. Synopsis: The applicant is requesting to abandon the undeveloped Hanger Street right -of wavy adjacent to Lots 7 through 12 Block 2 Hanger Addition, north of East 9`h street but be retained as a utility and drainage easement. 6. RESOLUTION NO. 11,652 - G -23 -333 - To set the date; of public hearing for January 20, 2003 on the petition to abandon right -of -way within the Heifer International Property for Shall Street and Industrial Drive located in Wiggin's and Yonley Addition. The Consent Agenda was read. Director Adcock, seconded by Director Cazort, made a motion to approve the Consent Agenda. By unanimous voice vote; of the Board members present, the Consent Agenda was adopted. Mayor Dailey recognized Boy Scout Troop 99. CITIZENS COMMUNICATIONS Speaker: Troy Laha Topic: Day Care Center Permits Speaker: Glen Schwartz Topic: Marijuana prohibition & crime rate Speaker: Kathy Wells Topic: Planning Director Hiring Process 3 Minutes: City of Little Rock Board of Directors January 6, 2004 Director Hinton asked Mr. Carpenter to look at the possibility of the Clerk not having to read the ordinances three times. Mr. Carpenter stated he had tried to give the way the Clerk could read them even quicker, but stated he had found in the ancient recesses of the law, if there was an ordinance that the Board was going to vote for unanimously, then the Clerk could read it once. Mayor Dailey stated then, if the Clerk reads it once, and the Board is unanimous on the vote, then the ordinances could be read one time. Mr. Carpenter stated one of his new year's resolutions was to answer this question. Mayor Dailey stated if the board was okay with it, then he would like to move forward. Mr. Carpenter stated, this would apply, only if the Board voted unanimously. Director Adcock stated before they are read, she had questions on Item 23 and 24. Director Adcock wanted to know if these were stick built homes, the price range and what the square footage would be in those homes. Mr. Watson, representing the Mehlburger Firm who was representing the applicant, answered that they were stick built homes and would be fifteen hundred square feet and above, but did not know the price range of the homes. Director Wyrick stated that a citizen was going to present a card to speak on Item 23. Mayor Dailey asked if it was an objection. Vivian Joiner Ball stated her question concerned the Callaghan Creek and was concerning the Callaghan Creek Subdivision. She stated she owned adjoining property to this subdivision, and that she did not receive notice, due to change in ownership and had missed the earlier meeting. She stated there is a lake that is being developed on the property and a lot of the property is in the floodway, and wanted to be sure FEMA and the Corp of Engineers and all of their requirements for development of land in a floodway have been taken into consideration. Mr. Guy Lowes, Public Works Director addressed the floodway issue by saying that all those issues have been taken care of, and the City would be sure they are adhered to. Director Hurst asked why all of a sudden the ordinances could be read only once. Mr. Carpenter answered that it wasn't sudden, that this was an issue he has continued to look at, and stated there is a risk, and stated that he would rather the ordinances be read three times. He stated there are some cases that say, if there has been a reading, (not three readings), and there is a unanimous vote of the Board, the courts have overlooked the challenge to the ordinances, because there was not three readings. Mr. Carpenter stated if there was not a unanimous vote, if someone abstains, or there is a negative vote, then there is a real risk at that point, but if there is a unanimous vote, there would be a motion to waive the rules, because the vote would be unanimous, and waive the second and third readings, and then the vote would be taken. Mayor Dailey asked, if the ordinance title could be read the first time, and then read the ordinance number the second and third? Mr. Carpenter stated that was why we have been trying the abbreviated readings, instead of all the information in the title. He said the numbers are probably fine if the agenda is published. Mr. Carpenter stated the historical reason for the three readings is so everyone knows which particular item is being talked about. Mayor Dailey asked the clerk to read the ordinances the first time, and the numbers of the items the second and third times when rules are suspended. 4 Minutes: City of Little Rock Board of Directors January 6, 2004 GROUPED ITEMS: Items 7 -29 and Item M -1. 7. ORDINANCE 19,012 - Z- 5963 -D — Amending Ordinance; No. 16,908 revoking a portion of a Planned Zoning District titled Brodie Creek — Long Form PRD reclassifying property located west of Bowman Road, south the existing Woodlands Trails Subdivision, in the City of Little Rock; and for other purposes. Planning Commission: Ryes, Ono, 0 absent. Staff recommends approval. Synopsis: The applicant requests that a portion of the Brodie Creek Long -Form PRD be official revoked and the property reverted to its original R -2 zoning. 8. ORDINANCE NO. 19,013 - S- 1313 -E — Granting a variance 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 platted building line, reduced minimum lot widths and reduced minimum lot area for the Woodlands Edge Subdivision — Preliminary Plat located near Sweet Grass Drive and Woodland Trails. Planning Commission: 11yes, 0 no, 0 absent. Staff recommends, approval. Synopsis: The applicant proposes to subdivide this 70 -acre parcel into 78 single - family lots. The development will require the following variances from the Subdivision Ordinance: (1) A variance to allow a reduced platted building line for Lots 21,22,34 -36 and Lot 46 of Block 20 and Lot 16 of Block 21 (15) feet. (2) A variance to allow Lots 36 and 56 of Block 20 to have a reduced minimum lot width for a corner lot. 3. A variance to allow Lots 13 and 22 of Block 21 to have a reduced minimum lot area. 9. ORDINANCE NO. 19,014 - Z- 6926 -A - Approving a Planned Zoning Development and establishing a Planned Office District titled My Little School Revised Short - Form PD -O located on the southeast corner of Cantrell Road and Norton Road, Pulaski County, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: Ryes, 0 no, 0 absent. Staff recommends approval. 10. ORDINANCE NO. 19,015 - S -1398 - Granting a variance 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 the creation of double frontage lots and the creation of lots with an increased depth to width ratio for the Culzean Estates Subdivision — preliminary plat located on the north side of David O Dodd Road, east of I -430. Planning Commission: 9 yes, I no, I recused. Staff recommends approval. Synopsis: The applicant proposes to subdivide these 51.31 acres into 165 single- family lots. The request will require the following variances from the Subdivision Ordinance: 1. A variance to allow an increased depth to width ratio for Lots 3 -6, 46,47,59,85,86 123, and 163 -165. (2) A variance to allow double frontage lots for Lots 142 -149. 11. ORDINANCE NO. 19,016 - Z- 4343 -N - Approving a Planned Zoning Development and establishing a Planned Commercial District titled The Ranch Tract F Revised Short -Form PCD located on the northeast corner of Ranch Drive and Chenonceau Boulevard, in the City of Little Rock, Pulaski County, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: I1 yes, 0 no, 0 absent. Staff recommends approval. Synopsis: The applicant proposes to revise Z Minutes: City of Little Rock Board of Directors January 6, 2004 a previously approved PCD to allow lots to be created along previously approved phasing lines. The request will require a variance from the Subdivision Ordinance to allow the creation of lots without public street frontage. This request is a separate item on this agenda. 12. ORDINANCE NO. 19,017 - SS- 285 -FFF - Granting a variance 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 the creation of a lot without public street frontage for the Ranch Tract F Subdivision — Preliminary Plat located on the northeast corner of Ranch Drive and Chenonceau Boulevard. Planning Commission: 11 yes, 0 no, 0 absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PCD (this request is a separate item on the agenda) to allow lots to be created along previously approved phasing lines. The request will require a variance from the Subdivision ordinance to allow the creation of lots without public street frontage. 13. ORDINANCE NO. 19,018 - Z- 3606 -B — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Parker Cadillac Body Shop Revised Short —Form PCD located at 11607 Rainwood in the City of Little Rock, Pulaski County, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 11 yes, 0 no, 0 absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PCD to allow three employees to park along the west wall of the existing building. 14. ORDINANCE NO. 19,019 - Z- 5038 -H - Approving a Planned Zoning Development and establishing a Planned Office District titled Seven Acres Business Park Revised POD located on the southwest corner of Cantrell Road and Seven Acres Business Drive, in the City of Little Rock, Pulaski County, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 11 yes, 0 no, 0 absent. Staff recommends approval. Synopsis: The applicant proposes to rezone the site from POD to Revised POD to allow the creation of a two -lot plat and construction of new office buildings each on an individual lot. 15. ORDINANCE NO. 19020 - Z- 6323 -I — Approving a Planned Zoning Development and establishing a Planned Commercial District titled the Villages at Rahling Road Revised Long -Form PCD Unrecorded Lot 8A located on Rahling Circle, in the City of Little Rock, Pulaski County, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 11 yes, 0 no, 0 absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PCD to allow a veterinary clinic to be constructed on this unrecorded lot. 16. ORDINANCE NO. 19,021 - Z- 7434 -A - Approving a Planned Zoning Development and establishing a Planned Commercial District titled Bowman Office Showroom Warehouse Short -form PCD located on the west side of Bowman Road approximately 800 feet south of the Kanis Road Intersection, in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; an for other purposes. Planning Commission: I1 yes, 0 no, 0 absent. Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -2 to PCD to allow the construction of a 17,325 square foot office /showroom/warehouse. C Minutes: City of Little Rock Board of Directors January 6, 2004 17. ORDINANCE NO. 19,022 - Z -7530 - Approving a Planned Zoning Development and establishing a Planned Residential District titled Fox Ridge at Chenal Long — Form PD -R located on the northwest corner of Chenal Valley Drive and Chenal Parkway, in the City of Little Rock, Pulaski County, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: llyes, 0 no, 0 absent. Staff recommends approval Synopsis: The applicant proposes to rezone the site from MF -12 to PD -R to allow the construction of 130 rooms for an assisted living facility. Planning Commission: Ryes, 0 no, 0 absent. Staff recommends approval. 18. ORDINANCE NO. 19,023 - Z -7534 - Approving a Planned Zoning Development and establishing a Planned Office District titled Trent Properties Short -Form PD -O located at 15800 Cantrell Road, in the City of Little Rock, Pulaski County, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: ]]yes, 0 no, 0 absent. Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -2 to PD-0 to allow an existing single - family structure to be converted to an office use allowing general and professional office uses. 19. ORDINANCE NO. 19,024 - Z- 5258 -C - Approving a Planned Zoning Development and establishing a Planned Commercial District tiled Parkway Mazda Expansion Revised Short -Form PCD located at 12206 West Markham Street, in the City of Little Rock, Pulaski County, Arkansas amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: ]]yes, 0 no, 0 absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PCD to allow the Mazda automobile dealership to expand their current facility by constructing a 7,200 square foot service facility and additional parking for inventory. 20. ORDINANCE NO. 19,025 - Z- 6237 -A — Approving a Planned Zoning Development and establishing a Planned Office District tiled Lavergne Revised Short - Form PD -O located at 14104 Taylor Loop Road, in the City of Little Rock, Pulaski County, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: ]]yes, 0 no, 0 absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved Planned Development to allow a two -story addition opposed to a single story addition onto an existing veterinary clinic. 21. ORDINANCE NO. 19,026 - Z- 3968 -B — Approving a Planned Zoning Development and establishing a Planned Residential District titled Chelsea Square Revised Short -Form PD -R located at 2111 Hinson Road #1 in the City of Little Rock, Pulaski County, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: Ryes, 0 no, 0 absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PD -R to allow the addition of a sunroom onto an existing single - family residence. 22. ORDINANCE NO. 19,027 - To amend the Master Street Plan (15,519) in the Crystal Valley Planning District to remove a proposed collector street; and for other purposes. Planning Commission: Granted approval on their consent agenda, December 4, 2003. Staff recommends approval. Synopsis: A Master Street Plan Amendment in the Crystal Valley Planning District to remove a collector street. 7 Minutes: City of Little Rock Board of Directors January 6, 2004 23. ORDINANCE NO. 19,028 - S -1385 - Granting a variance 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 the creation of lots with an increased depth to width ratio for the Callaghan Creek Subdivision — Preliminary Plat located north of Raines Road, east of the Sullivan Road Intersection. Planning Commission: ]]yes, 0 no, 0 absent. Staff recommends approval. Synopsis: The applicant proposes to subdivide this 38 -8 acre parcel into 22 single - family lots. The development will require the following variances: 1. A variance to allow an increased lot depth to width ratio for Lots 12,13, and 20. 24. ORDINANCE NO. 19,029 - MSP -04 -01 - Amending Chapter 30 of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Improvements for Raines Road. Planning Commission: Granted approval on their consent agenda, December 4, 2003. Staff recommends approval. Synopsis: Authorizes a five -year deferral of Mater Street Plan improvements for Raines Road. The Callaghan Creek Preliminary Plat is a 22 lot preliminary plat within the extra - territorial jurisdiction, but outside the current corporate limits. 25. ORDINANCE NO. 19,030 - S -1407 — Granting a variance 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 double frontage lots for the Oxford Pointe Subdivision — Preliminary Plat located on West 57th Street, two blocks east of Geyer Springs Road. Planning Commission: I1 yes, 0 no, 0 absent. Staff recommends approval. Synopsis: The applicant proposes to subdivide this 4.714 acre parcel into 19 single family lots. The development will require a variance from the Subdivision ordinance to allow the subdivision to develop with double frontage lots; Lots 9 and 10. 26. ORDINANCE NO. 19,031 - Z -7532 — Approving a Planned Zoning Development and establishing a Planned Office District titled Faithland Properties Short -Form PD- 0 located at 1100 South Van Buren Street, in the City of Little Rock, Pulaski County, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purpose. Planning Commission: ]]yes, 0 no, 0 absent. Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -3 to PD -O to allow the site to develop as a bookkeeping service office to serve an existing doctor's office located near the site. 27. ORDINANCE NO. - Z- 5097 -E — Reclassifying property located at the southeast corner of Cantrell Road and Chenal Parkway from C -3 (with conditions) to C -3; amending the Official Zoning mp of the City of Little Rock, Arkansas, and for other purposes. Planning Commission: 11 yes, 0 no, 0 absent. Staff recommends approval. Synopsis: The owner of the undeveloped 2.256 acre tract located at the southeast corner of Cantrell Road and Chenal parkway is requesting that the zoning be reclassified from C -3 (with conditions) to C -3. Deferred at applicant's request. (See modifications). 28. ORDINANCE NO. 19,032 - Granting a Franchise for the Otter Creek Homeowner's Association to construct gates at Otter Creek Boulevard and Wimbledon Loop. Planning Commission: Granted approval of the franchise on their consent agenda, December 4, 2003. Staff recommends approval. Synopsis: Authorizes a Franchise for the Otter Creek Homeowners Association to construct and operate self - opening and closing gates at the two entrances to the Otter Creek Subdivision. The gates are not to restrict public access by opening automatically as vehicles approach, then closing when vehicles are clear. Minutes: City of Little Rock Board of Directors January 6, 2004 29. ORDINANCE NO. 19,033 - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Improvements for Sibley Hole Road at the I -30 Frontage Road. Planning �- Commission: Granted approval on their consent agenda, December 4, 2003. Staff recommends approval. Synopsis: Authorizes a five -year deferral of Master Street Plan Improvements for Sibley Hole Road. The Assembly of God District Council plans to build their new offices on the north side of I -30 at the corner of the Frontage Road and Sibley ]Hole. The Grouped Items consisting of Items 7 -29 and Item M -1 were read the first time. Director Adcock, seconded by Director Keck, made the motion to waive the second and third readings based on the understanding the vote will be unanimous for approving all of the ordinances in the list of Grouped Items. Director Cazort stated he like the idea of speeding this process up, but concerned about what he perceived as some needless burden on Tom's Office to have to defend these actions. Mr. Carpenter stated he appreciated that, but the fact of the matters is that if any Board member should say, I am not voting in favor of an item, the second and third items would need to be read. If the votes are unanimous, then it wouldn't have changed, and that is why the nature of the motion is stated as it is. The roll call will show that the votes are in fact unanimous. He stated that Director Hinton caught him off guard tonight. He said they have been reviewing this issue again, and was going to try and bring it to the Board in a more orderly fashion. He stated he would try to have something for the Board by the next Board of Directors Meeting, so the Board would know and the viewers would know. At Agenda Meetings, the Board could decide at that meeting, if something would most likely be passed unanimously, and if the answer is yes, then it would not have to be set aside for the second and third reading. Mr. Carpenter stated he would feel better if there were a second and third reading. A roll call vote was taken on the ordinances as read, and recorded as follows: Directors Pugh, Hurst, Cazort, Keck, Stewart, Wyrick, Kumpuris, Graves, Adcock, Vice Mayor Hinton, Mayor Dailey vote for passage of the ordinances (Items 7 -19 and Item M -1). A roll call vote was taken on the emergency clause in Item M -1, and recorded as follows: Directors Pugh, Hurst, Cazort, ]Keck, Stewart, Wyrick, Kumpuris, Graves, Adcock, Vice Mayor Hinton, Mayor Dailey voted in favor of the passage of the emergency clause in Item M -1. Mayor Dailey asked for Mr. Carpenter to formalize something for the Board regarding the three readings of ordinances. 30. ORDINANCE NO. 19,034 - Amending Little Rock Ordinance No. 18,842 replacing in its entirety with the following guidelines for the Presidential Park Overlay, to codify in Chapter 36 of the Little Rock Code of Ordinances and for other purposes. Planning Commission: 8 yes, 0 no, Staff recommends approval with the removal of "font type" requirement in the signage section. 1St and 2nd reading held on December 2, 2003. (Deferred to December 16, 2003 for 3rd reading). (Deferred from Dec. 16, 2003 to January 6, 2004). Synopsis: Proposal for a zoning overlay district called the Presidential Park Overlay to regulate the design standards for the area surrounding the Presidential Park and Heifer International sites. 9 Minutes: City of Little Rock Board of Directors January 6, 2004 Mr. Moore stated there have been several internal meetings, and have come to a consensus, and called upon Mr. Walter Malone, Planning and Development, to overview the Ordinance. Mayor Dailey asked if the ordinance that was before the Board tonight was the actual ordinance that would be voted on at tonight's meeting. Mr. Carpenter - answered that there will need to be a modification on one part of it, to strike some language. Mr. Carpenter noted that on Page 6 of 7 pages, Subsection 1 -J, where it says signage, on line 11, and it reads letters shall not exceed thirty inches in height nor three - quarters of the height of the sign. There should be a period inserted after thirty inches in height phrase, and the phrase, nor three quarters of the height of the sign should be stricken. Director Keck, seconded by Director Cazort made a motion to amend the ordinance and by unanimous voice vote of the Board members present, the ordinance was amended. Director Hurst asked if there were any other changes from the ordinance the Board had received on December 14th, to the one before the Board tonight. Mr. Moore stated line 11 read at that point, "eighteen inches ", and that was worked out in the internal meetings, mentioned earlier. Mr. Carpenter, stated that what happened was that the Board had the ordinance that read, "eighteen inches in height and three- quarters inch sign ", there was a request for a waiver provision, which was drafted, and was not sure if the Board received that draft, or not, but stated the legal staff had concerns about the enforceability. (Director Hurst stated they did get a copy of this draft) Mr. Carpenter stated that language has been stricken and is not included in what the Board has before them tonight. He said that takes care of what the Board was concerned about and provides for a uniform enforcement of the ordinance. The ordinance was read the third time. By unanimous voice vote of the Board members present, the ordinance passed. 31. RESOLUTION NO. 11,653 - Appointments to the Racial Cultural Diversity Commission. Director Cazort, seconded by Director Adcock made a motion to go into executive session to make nominations for appointments to the Racial and Cultural Diversity Commission. By unanimous voice vote, the meeting was recessed. The meeting reconvened. Mayor Dailey called the meeting back in session. Mr. Bruce Moore, City Manager, announced the nominations were: Terry Belle, Jolinda Stephens, Spirit Tricky. Director Cazort, seconded by Director Keck, made the motion to accept the nominations and make the appointments and by unanimous voice vote of the Board members present. The resolution to make the appointments was adopted. Mayor Dailey announced that he and the City Manger had discussed the annual evaluations of the City Manager and City Attorney, and suggested recessing the meeting of January 20th, and have a reconvened meeting for the evaluation of Mr. Moore, and adjourn the February aid meeting, to reconvene on February 10`h, for the City Attorney's evaluation. The Board members were all in agreement of these dates. Director Cazort, seconded by Vice Mayor Hinton, made a motion to adjourn. By unanimous voice vote of the Board members present, the meeting was adjourned. 10 Minutes: City of Little Rock Board of Directors January 6, 2004 ATTEST: N cy Wood, City Clerk ADJOURN APPROVED: A Jim Dailey, Mayor 11