03-02-04Little Rock Board of Directors Meeting
March 2, 2004
6PM
LITTLE ROCK BOARD OF DIRECTORS MEETING
City Hall — 500 W. Markham
March 2, 2004
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The Board of Directors of the City of Little Rock, Arkansas met in regular session with Vice
Mayor Hinton presiding. City Clerk, Nancy Wood called the roll with the following Directors
Present: Pugh, Vice Mayor Hinton, Keck, Graves, Adcock, Stewart, Hurst, Kumpuris, Wynck,
and Cazort. Mayor Dailey was absent. Director Kumpuris gave the invocation, which was
followed by the Pledge of Allegiance.
Vice Mayor Hinton asked the Board to consider the listed modifications.
Deferral of Item 19.
19. PUBLIC HEARING & RESOLUTION - Deferred until March 16, 2004 Z -7547 -
Rescinding the Little Rock Planning Commission's action in denying a conditional use permit to
allow a Transitional Living Facility to be located on the R -3 zoned property at 8223 West 39`"
Street. Planning Commission: 11 no. Staff recommends denial. Synopsis: The applicant,
Emmanuel Thompson on behalf of The House of OBED, is appealing the Planning Commission's denial of a
conditional use permit to allow a Transitional Living Facility to be located on the R -3 zoned property at 8223
W. 39`h Street.
Withdrawal of Items 14 and 15:
14. ORDINANCE - - Amending Chapter 30 of the Code of Ordinances of the City of Little
Rock, Arkansas, providing for a deferral of Master Street Plan Right of Way Dedication at the
southwest corner of Markham and Shackleford Road. Approved at the 1 -29 -04 Planning
Commission meeting. Staff recommends denial. Withdrawn by property owner 03 -02 -04
Synopsis: Authorizes a deferral of right -of -way dedication under the Master Street plan to allow the display
of used cars for sale at an existing service station.
15. ORDINANCE - Z- 5156 -A — Approving a Planned Zoning Development and establishing a
Planned Commercial District titled Webster Shell Short Form PD -C located at 10801 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: 10 yes, 6
no, 1 absent. Staff recommends denial. Withdrawn by property owner 03 -02 -04
Synopsis: The applicant proposes to rezone the site from C -3 to PD -C to allow limited sales of automobiles
A motion was made by Director Adcock to modify the agenda as listed; Director Cazort
seconded the motion, and by unanimous voice vote of the Board members present, the
modifications were made to the agenda.
The consent agenda consisted of Items 1 -8.
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March 2, 2004
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1. RESOLUTION NO. 11,694 - Authorizing the City Manager to execute contracts with
Engineering Consultants to design street, drainage, sidewalk and traffic signal projects for the
2004 Bond Issue. Staff recommends approval. Synopsis: Authorizes the City Manager to execute
agreements for engineering services for a portion of 2004 Bond Issue Projects. This will complete the design
service awards for new roadway, drainage, traffic signals, and sidewalk improvement projects.
2. RESOLUTION NO. 11,695 - To authorize the purchase of Thirteen Thermal Imaging
Cameras from Casco, Inc., in the amount of $112,800 for Little Rock Fire Department. Synopsis:
Funds are available through federal terrorism grant funds.
3. RESOLUTION NO. 11,696 - To authorize the City Manager to enter into a contract with
Commercial Air, Inc. to provide HVAC control repairs. Synopsis: The work will be funded
primarily from Building Services Operating Budget.
4. RESOLUTION NO. 11,697 - To authorize local government endorsement of Flake -
Wilkerson Market Insights Midwest, LLC, located at 333 Executive Court, Little Rock,
Arkansas, to participate in the Advantage Arkansas Program; and for other purposes. Synopsis;
The resolution authorizes Flake- Wilkerson Market Insights Midwest, LLC to receive sales tax rebates and
corporate income tax credits in conjunction with equipment and personnel required for this facility.
5. RESOLUTION NO. 11,698 - To authorize the City Manager to enter into a contract with
Commercial Air, Inc. to install access control systems to improve Fire Station Security.
Synopsis: Authorizes the City Manager to install access control systems on Central Fire, Fires Stations
2,3,4,6,7,9,10,11,12,13, 14, 15,16,17, 18,19,20 and 21.
6. RESOLUTION NO. 11,699 - To authorize the City Manager to enter into an agreement with
the Arkansas Highway and Transportation Department for the construction of left turn lanes
on Highway 10 between I -430 and Mississippi Avenue.
7. RESOLUTION NO. 11,700 - Authorizing the execution of an Interlocal Agreement between
the City of Little Rock, Arkansas, Faulkner County, Arkansas, granting the Little Rock
Ambulance Authority ( "LRAA ") D /B /A Metropolitan Emergency Medical Services ( "MEMS ")
an exclusive franchise to provide ambulance service for Faulkner County, Arkansas, and for
other purposes. Synopsis: Faulkner County would like MEMS to provide ambulance service in the
County.
8. RESOLUTION NO. 11,701 - Authorizing the City Manager to execute a change order with
Joyner -Ford and Burke Construction Company, Inc. for construction of the Cloverdale Ditch
Retaining Project
The Consent Agenda was read. A motion was made by Director Adcock to adopt the Consent
Agenda as read; Director Cazort seconded the motion, and by unanimous voice vote of the Board
meters present the Consent Agenda was adopted.
The following citizens participated in Citizens Communication:
Speaker: Kathy Wells
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Little Rock Board of Directors Meeting
March 2, 2004
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Topic: Alert Center meetings
Speaker: Doris Wright
Topic: Unregulated half -way houses
Speaker: Don Darnell:
Topic: Requested re- appointment to the Racial Cultural Diversity Commission
and addressed the turnover rate of commissioners, and the time
commitment it takes to serve on this committee.
Speaker: Lynn Schwartz
Topic: Infringement of adult rights
The next consideration was the Grouped Items: Items: 9 -13
9. ORDINANCE NO. 19,050 - Accepting the Dyke Annexation, adding certain lands to the
City of Little Rock, Arkansas. Planning Commission: 11 yes, 0 no. Staff recommends
approval. Synopsis: Accept the annexation of approximately 368 acres to the City of Little Rock. Since the
area is currently not developed, there would be no immediate negative impact to the ISO rating. The Fire
Department will soon develop a strategic plan for facilities, which should address these issues. This land is
west of I -430 between Crystal Valley and David O Dodd Roads.
Those speaking in opposition of the Dyke Annexation were: Ms. Kathy Wells, Coalition of
Little Rock Neighborhoods, Ms. Wells stated it would add 500 homes to the city. There is an
immediate cost with no provision to pay for it. Namely police protection. The idea that nothing
is needed until the development is 51 % along fails to deal with the fact that the first day a
construction crew turns dirt, and brings in tools there is a threat of theft. Ms. Wells stated the
permit request should be submitted in November so that the cost could be allocated in the
budget. She said if the City cannot be adequately serviced today, it certainly couldn't take on
new burdens. Mr. Don Darnell, stated the city is already looking at millions of dollars for a
sewage treatment plant to take care of the expanding west Little Rock area, where staff keeps
saying no immediate cost. This is a negative cost. A long -term approach would not look at 368
acres five hundred homes, possibly more without looking at the overall direction in which the
City is growing. Mr. Darnell stated he didn't mean just growing westward, he meant the overall
direction of allowing annexation and development, basically at will. The developers do meet
certain criteria, but they put the profits in their pockets and gone from that area, and twenty or
thirty years later, the entire City, all residents are having to pay for increased fire and police
protection, water sources, and increased wastewater. He stated this board has been very
shortsighted and narrowly focused as each annexation come before the Board. Mr. Darnell said
he believed it was in the best interest of the current and future residents of the entire City of
Little Rock to consider future costs as a total picture. He said many citizens do not consider
these annexations as good public policy. Director Wyrick stated she was in support of this
annexation. She said she had visited the area, talked to several of the residents that live in the
area, and they feel like this is a drop in the bucket as to what has developed in and around
Stagecoach Road. This is a growing area, and the fact that this is an annexation does not
contribute that much to what is going on in an area where that has already happened. Looking at
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March 2, 2004
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the growth at 50% to 51% in the area is a good way to look at it. Director Wyrick stated she had
looked at the economic study that has come out. It appears that it is a very viable annexation for
the City of Little Rock, and was proud that people were looking at some residential area in Ward
7. This will bring in additional restaurant, shopping for the area. Director Pugh asked why the
hurry to annexation right now, and asked where the money would come from to pay for all this.
Those speaking in favor of the annexation were: Ms. Janet Berry, Southwest Little Rock
United for Progress, stated they felt this annexation is a way that Southwest Little Rock can
continue to grow. There is a lot of raw land out there, and would like to have the chance to grow
much like the other parts of the City have grown. Over the past year, the Little Rock Board of
Driectors and the Little Rock Planning Commission has approved two very large subdivisions
that are almost neighbors to this for about a thousand homes. She stated there is a subdivision
for about two hundred and fifty homes under construction now. The fact that that development
put in a very large sewer pipe is part of what is driving some of the other development there. It
is making it economical for other developments to occur in that area. Ms. Berry stated the truth
is, that the fire and police protection will be needed whether this is annexed or ever developed.
By annexing this, and letting it come into the City it gives the opportunity to capture the money
that is already going to be needed. Mr. Jim Hathaway, representing the applicant, stated this
item does have staff recommendation; the Planning Commission passed it unanimously. IT has a
study that supports it from an economic point of view. Mr. Hathaway stated he had furnished the
Board a letter outlining the benefits of the annexation. The application was filed in October of
last year, and the process has been followed. Director Adcock added that she would be in
support of this annexation, that it does not extend the City out further in west Little rock, that it
starts bringing the City around, and enables a lot of property in Ward 7 to start developing and
felt this was just the beginning for this area, and there would be subdivisions all the way over to
Alexander and Mabelvale, and felt the growth was good for the community. Director Stewart
asked what the City Manager was proposing in 2005 to address the issue of fire and police
protection. Mr. Moore answered that if this area or any other area is annexed into the City, he
was confident that the City would provide the necessary City services, the police, fire and all
services as required as being a part of the City of Little Rock.
Vice Mayor Hinton asked Ms. Wood, City Clerk to read the grouped items including Item 9.
10. ORDINANCE NO. 19,058 - Z -7498 — Approving a Planned Zoning Development and
establishing a Planned Commercial District titled Featherstone Short -Form PD -C located at
1858 Chester 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:
11 yes, 0 no, Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R-
4 to PD -C to being an illegal use into compliance with all applicable city codes and ordinances.
11. ORDINANCE NO. 19,059 - Z- 7351 -A — Approving a Planned Zoning Development and
establishing a Planned Commercial District Titled Miracle Land Company Revised Short -
Form PCD located south of Stagecoach Road, west of I -430, 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, Ono. Staff recommends approval. Synopsis: The
applicant proposes to rezone the site from PCD to allow mini - warehouse units to develop on Lot 3 of the
Miracle Land Company Subdivision.
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12. ORDINANCE NO. 19,060 - Z -7562 — Approving a Planned Zoning Development and
establishing a Planned Industrial District titled Buchanan Short-Form PID located at 3700 Old
Shackleford 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: 11 yes, 0
no. Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -2 to PID to allow
an existing warehouse manufacturing facility selected I -2 uses as alternative uses for the site.
13. ORDINANCE NO.19,061 - Amending Chapter 30 of the Code of Ordinances of the
City of Little Rock, Arkansas, providing for a waiver of Master Street Plan Street Improvements
for 5112 and 5114 West 33rd Street. Staff recommends approval. Synopsis: Authorizes a waiver of
Master Street Plan Improvements to allow the construction of a 2,400 square foot storage building for use in
a remodeling business.
Items 9 -13 were read the first time. A motion was made by Director Adcock seconded by
Director Keck to suspend the rules to provide for the second reading of the ordinance. By
unanimous voice vote of the Board members present, being two - thirds in number the rules were
suspended to provide for the second reading. The ordinances (Items 9 -13) were read the second
time. A motion was made Director Adcock, seconded by Director Hurst, to suspend the rules
and place the ordinances (Items 9 -13) on third and final reading. By majority voice vote of the
Board members present, being two - thirds in number the rules were suspended to provide for the
third and final reading. Director Pugh voted no. The ordinance was read the third time. By
Majority voice vote of the Board members present the ordinances were passed. Director Pugh
voted no on Item 9 (Dyke Annexation), and yes on Items 10 -13, the other Baord members
present voted in the affirmative.
Items 14 and 15 were withdrawn. (See modifications to the agenda listed above.)
14. ORDINANCE - Withdrawn by property owner 03 -02 -04 - Amending Chapter 30 of the
Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master
Street Plan Right of Way Dedication at the southwest corner of Markham and Shackleford
Road. Approved at the 1 -29 -04 Planning Commission meeting. Staff recommends denial.
Synopsis: Authorizes a deferral of right -of -way dedication under the Master Street plan to allow the display
of used cars for sale at an existing service station.
15. ORDINANCE - Withdrawn by property owner 03 -02 -04 - Z- 5156 -A — Approving a
Planned Zoning Development and establishing a Planned Commercial District titled Webster
Shell Short Form PD -C located at 10801 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: 10 yes, 0 no, I absent. Staff recommends denial.
Synopsis: The applicant proposes to rezone the site from C -3 to PD -C to allow limited sales of automobiles
from the site.
The Public Hearings (Items 16 -19) were considered as follows:
16. PUBLIC HEARING - To hear any appeals regarding the reassessment of local St. Charles
Municipal Improvement District No. 1 of little Rock, Arkansas, filed in the Office of the City
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March 2, 2004
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Clerk on January 21, 2004. Vice Mayor Hinton opened the public hearing. There were no
citizens present in favor or in opposition. Item 16 was read the first time. Vice Mayor Hinton
closed the public hearing.
17. PUBLIC HEARING - To hear any appeals regarding the reassessment of local River
Ridge Municipal Street Improvement District No. 638 of Little Rock, Arkansas, filed in the
Office of the City Clerk on January 21, 2004. Vice Mayor Hinton opened the public hearing.
Item 17 was read the first time. There were no citizens present in favor or in opposition. Vice
Mayor Hinton closed the public hearing.
18. PUBLIC HEARING & ORDINANCE NO. 19,062 - To establish the Municipal
Improvement District No. 21, naming the Commissioners to the Board of Commissioners;
declaring an emergency; and for other purposes. Vice Mayor Hinton opened the public hearing.
There were no citizens present in favor or in opposition. The ordinance was read the first time.
Vice Mayor Hinton closed the public hearing. Second reading; Director Adcock seconded the
motion, and by unanimous voice vote of the Board members present the rules were suspended to
provide for the second reading of the ordinances. Ms. Wood, City Clerk, reminded the Board
that Items 16 and 17 were only public hearings to hear appeals, that there were no ordinances for
those items. The ordinance (Item 18) was read the second time. Director Adcock made the
motion to place (Item 18) on third and final reading, Director Cazort seconded the motion, and
by unanimous voice vote of the Board members present, being two - thirds in number the rules
were suspended to provide for the third and final reading. The ordinance was read the third
time. By unanimous voice vote of the Board members present, the ordinance (Item 18 was
passed.) The emergency clause was passed unanimously.
Director Cazort made the motion to go into executive sessions to make appointments. Director
Keck asked before going into executive session that this meeting be recessed to come back in a
week so that Mayor Dailey could participate in the executive session. Director Cazort withdrew
his motion.
Item 19 was deferred. (See modifications listed above).
19. PUBLIC HEARING & RESOLUTION - Deferred until March 16, 2004
Z -7547 - Rescinding the Little Rock Planning Commission's action in denying a conditional use
permit to allow a Transitional Living Facility to be located on the R -3 zoned property at 8223
West 39"' Street. Planning Commission: 11 no. Staff recommends denial.
Synopsis: The applicant, Emmanuel Thompson on behalf of The House of OBED, is appealing the Planning
Commission's denial of a conditional use permit to allow a Transitional Living Facility to be located on the R-
3 zoned property at 8223 W. 39th Street.
20. RESOLUTION - Deferred until March 9, 2004
Appointments to various Boards and Commissions.
A motion was made by Director Keck to recess the meeting to March 9, 2004 for the purpose of
appointments to the Project Progress Review Committee. Director Hurst seconded the motion,
and by unanimous voice vote of the Board members present the meeting was recessed at 6:45
PM.
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Little Rock Board of Directors Meeting
March 2, 2004
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ATTEST:
qa cy W00
Cit Clerk
APPROVED:
Dailey
l o