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
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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
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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.
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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
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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.
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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.
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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.
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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.
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Minutes:
City of Little Rock Board of Directors
January 6, 2004
ATTEST:
N cy Wood, City Clerk
ADJOURN
APPROVED:
A
Jim Dailey, Mayor
11