04-18-9570
The Board of Directors
met in regular session wit
Clerk Robbie Hancock called
present: Directors Sharp,
Joyce, and Wyrick - total
Wilson - total 2.
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
April 18, 1995 - 6:00 P.M.
of the City of Little Rock, Arkansas,
:h Mayor Jim Dailey presiding. City
the roll with the following Directors
Mason, Adcock, Hinton, Hodges, Keck,
9; Absent - Directors Kumpuris and
With a quorum present, Mayor Dailey declared the Board of
Directors in session and the proceedings of the meeting are
recorded as follows.
The Invocation was given by Director Joyce, followed by the
Pledge of Allegiance.
(Director Kumpuris enrolled at 6:03 P.M.)
Mayor Dailey presented a Certificate of Appreciation to
Congressman Ray Thornton for being instrumental in securing funds
for the City of Little Rock: $1.7 million for enhancing alert
center operations and improvements to Riverfront Park; $1.8
million for the Community Policing Program, and funds for
railroad overpasses in Southwest Little Rock.
There was a briefing of the Little Rock School District
Strategic Planning and Mission Statement given by Mr. Virgit
Miller. Mr. Miller distributed a draft of the plan which also
contained an Action Team Volunteer Form, and encouraged citizens
to volunteer to serve as action team members. Director Mason
also encouraged individuals to become involved with the School
District.
Mayor Dailey presented a gold Little Rock pin (LR) to
Director Kumpuris, who was appointed by the Board of Directors on
February 7, 1995, to fill the Position 6 vacancy.
At 6:15 P.M. Mayor Dailey declared the public hearing open
to obtain citizen input and priorities for the expenditure of
funds escrowed during the long distance telecommunications (AT &T)
franchise fee litigation and other unspent 1994 Budget Funds. At
the request of Mayor Dailey, City Manager Charles Nickerson
explained the purpose of the public hearing is to get citizens
recommendations on expenditure of the $4.5 million escrowed
during the AT &T litigation which is now available plus the funds
carried over from 1994 in the general fund (approximately $2
million) as well as the street fund. Mr. Nickerson emphasized
that the $1 million in the street fund must be used for road
projects. Mayor Dailey announced that each speaker would be
limited to three minutes. The first speaker was Caroline Hannah,
representing the Arts and Humanities Commission. She requested
$30,000 for expansion of the Summer Youth Program.
(Director Wilson enrolled at 6:23 o'clock P.M.)
Mr. Kirt Hathaway, artistic director of Ballet Arkansas,
asked for $24,000 for Ballet Under the Stars to be performed at
Riverfront Amphitheater on September 28 -30, 1995, in order to
hold free ballet performances for the public.
Mr. Robert "Say" McIntosh requested $100,000 for a tool
lending library (small tools could be checked out at the
Neighborhood Alert Centers) , and $500,000 for additional police
services for training and crime prevention programs.
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April 18, 1995
71
Verna Bone, 3706 Cobb Street, requested $216,000 for paving
Cobb and Boyd Streets and improvement of storm drainage at 37th
and Boyd Streets in the John Barrow area.
Mr. Rett Tucker, Mrs. Annie Abrams and Mr. Mark Abernathy
requested $250,000 for construction of a visitors center at
Central High School (14th and Park Streets) to commemorate
Central High's place in civil rights history.
Mrs. Pam Adcock requested $36,000 to make repairs to
Ottenheimer Community Center, so it can be used for summer
programs which serve between 75 to 100 children.
Mrs. Georgie Henry, President of Birchwood Neighborhood
Association, asked that drainage improvements be made in the
area, which has been surrounded by new development along Chenal
Parkway and Bowman Road.
Mr. Jim McKenzie, Vice President for Historic Resources of
the Quapaw Quarter Association, requested funds for
rehabilitation of historic structures.
Mr. Robert Augustyn, 14409 Jerome Street, representing
property owners in Secluded Hills Estates Subdivision, requested
funding to improve substandard streets, unsafe street situations
and drainage problems in the subdivision.
Dr. Sloan Wilson, speaking on behalf of the Coalition of
Neighborhoods and disabled citizens, asked for $125,000 to
$250,000 for code enforcement (specifically targeting parking on
sidewalks) and additional curb cuts to comply with ADA
regulations.
Mrs. Paula Edwards, representing the Little Rock New Party,
requested funds to restore employee step increases, pilot youth
employment programs, summer job programs for youth, extended
hours at recreation centers, new equipment for city parks, more
affordable housing, covering the Highland Court ditch, additional
street lights, street repairs, curb and gutter installation, and
sidewalks.
Mr. James Winston, 3316 Broadway, asked for funding to
correct the drainage problem at that location.
Mr. Paul Harvel, President of the Greater Little Rock
Chamber of Commerce, recommended funding for economic development
and asked the Board to reestablish the infrastructure fund.
Mrs. Gloria Smith, 1712 Tulane Avenue in the Oak Forest
area, and a member of the New Party, requested funds to cover the
open ditch in Highland Court; for an expanded recreation program
for youth in the Oak Forest area; and for curb and gutter and to
correct the drainage problems on 17th, 18th, 19th, and 20th
Streets.
Mr. Bhulabhai "Bob" Patel, 4115 S. University, requested
funds for more affordable housing.
Mr. Jim Lynch, Vice President of the Coalition of Little
Rock Neighborhoods, requested funds for housing.
Rev. Bobby Marshall, Global Learning Center, asked for funds
to expand the summer programs for children.
Mr. Herbert Harris, representing Empower Arkansas whose
mission is to reduce taxes, said the money should be used to pay
off bonds and reduce taxes.
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April 18, 1995
Mr. Charles Johnson, Stephens School ad hoc committee, asked
for $400,000 for building and equipping the Stephens School
Community Center and $500,000 for land acquisition.
Mr. Robert CC Brown, Jr., 14 Avon Place, requested $350,000
for drainage improvements in the Granite Mountain area.
Mrs. Delores LeCompte, 5103 "C" Street, asked for funds to
install a left turn signal on Broadway at I -630 (going toward
Markham), a right turn arrow on Broadway at I -630 (going toward
Roosevelt) and to synchronize all traffic lights in Little Rock.
Mrs. Monique Van Doren, asked for drainage improvements in
the Birchwood Area and a re- evaluation of the amount of runoff
caused by construction on Chenal Parkway.
Mr. Hardy Carter, Global Learning Center, asked for funding
for children's recreation programs. (See request by Rev. Bobby
Marshall.)
Mr. Luther Suitor, speaking for Mr. Clifford Coates, 114
Brookside Drive, regarding the Americans with Disabilities Act of
1991, said there is no overall transition plan to comply with
ADA. He said funds should be used to provide equal accessibility
for disabled citizens.
Mr. Clifford Galyean, #7 Caylor Lane, requested funds to
make drainage and street improvements in southwest Little Rock,
particularly along Eva Lane from Watson Elementary School.
The last speaker was Mr. John Payne, 19 Caylor Lane, who
also requested funds for curb and gutters in southwest Little
Rock.
At 7:45 P.M. Mayor Dailey declared the public hearing closed
and stated the second public hearing on the expenditure of the
surplus funds will be on Tuesday, May 2, 1995, and will be held
at Dunbar Community Center, 16th and Chester Streets. He then
declared a ten minute recess.
When the Board of Directors reconvened at 8:00 o'clock P.M.,
Mayor Dailey presided and all Directors were present.
Consideration was then given to the Consent Agenda, which
consisted of the following items:
(1) Approval of the Minutes of the Board of Directors
reconvened meeting held January 11, 1995, the regular meeting
held January 17, 1995, and the special meetings held January 20,
1995, and February 6, 1995.
(2) The Little Rock Wastewater Utility Financial Statement
for the period ending December 31, 1994 and 1993.
(3) The Little Rock Advertising and Promotion Commission
Financial Statements for the years ended December 31, 1994 and
1993.
(4) Resolution No. 9,366, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR DRAINAGE IMPROVEMENTS AT THIRD AND
JOHNSON, A CDBG PROJECT FOR THE DEPARTMENT OF NEIGHBORHOODS AND
PLANNING. (Joyner, Ford & Burke - not to exceed $120,454.45.)
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April 18, 1995
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(5) Resolution No. 9,367, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND ENTER INTO A CONTRACT WITH CRANFORD CONSTRUCTION COMPANY
FOR THE 1995 STREET RESURFACING PROGRAM. (Not to exceed
$2, 000, 000.)
(6) Resolution No. 91368, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN ENGINEERING SERVICES CONTRACT WITH SUMMERLIN ASSOCIATES, INC.
FOR PRELIMINARY DESIGN OF FOURCHE DAM PIKE FROM RICHLAND TO
PLANTATION. (Not to exceed $47,512.)
Upon a motion by Director Keck, which was seconded by Director
Wyrick and unanimously adopted by the Board of Directors, the
Consent Agenda was dispensed with as follows: (1) the Minutes
of the Board of Directors reconvened meeting held January 11,
1995, the regular meeting held January 17, 1995, and the special
meetings held January 20, 1995, and February 6, 1995 were
approved as written and distributed to the Board of Directors;
(2) the Little Rock Wastewater Utility Financial Statement for
the period ending December 31, 1994 was received and filed; (3)
the Little Rock Advertising and Promotion Commission Financial
Statement for the year ending December 31, 1994 was received and
filed; and (4, 5, and 6) Resolutions No. 9,366, 9,367, and 9,368
were read in full and unanimously adopted.
Introduced next was a proposed Ordinance (Item #14),
entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR WAIVER OF
BOUNDARY STREET REQUIREMENTS FOR HORTICARE LANDSCAPE MANAGEMENT
COMPANY LOCATED AT 10120 COLONEL GLENN ROAD, LITTLE ROCK,
ARKANSAS;
(Z -4946 - Waiver of boundary street improvements for Horticare
Landscape Management Company - 10120 Colonel Glenn Road.)
and the Ordinance was read the first time. Mr. Ralph Olson,
owner, stated that he wants to put up a prefab building and is
willing to dedicate the 10' x 175' right -of -way required by the
City, but asked for a waiver of the boundary street requirements.
Public Works Director Chandra Russell explained that in hardship
cases the City requires 15% of the construction cost (which would
be $8,025) be placed in an in -lieu account for future
construction. She also stated that staff would have no problem
with a three to five year deferral of the improvements, but was
opposed to the actual waiver. Mr. Olson said he could not afford
to pay the $8,025 nor to make the improvements at this time, but
would be willing to put the money up after he gets his building
built and his business expanded. City Manager Charles Nickerson
said staff was agreeable to a deferral of the improvements, but
not a deferral of the in -lieu payment. Following the discussion,
the Board of Directors generally agreed to leave the Ordinance on
second reading; therefore, no motion was made for suspension of
the rules to provide for second reading, and the Ordinance was
left on the calendar for second reading on May 2, 1995.
The next presentation was a proposed Ordinance described as:
AN ORDINANCE APPROVING MODIFICATIONS TO A PLANNED UNIT
DEVELOPMENT AND PROVIDING FOR MAINTENANCE OF A PLANNED
RESIDENTIAL DEVELOPMENT DISTRICT ENTITLED MID - AMERICA CENTER
AMENDED SHORT -FORM PRD (Z- 4985 -C), LOCATED ON THE NORTH SIDE OF
W. ROOSEVELT ROAD, BETWEEN S. BATTERY STREET AND S. WOLFE STREET,
IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NOS.
15,460 AND 15,801 AND CHAPTER 36, SECTION 36 -176 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES;
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April 18, 1995
(Z- 4985 -C - Mid America Center Amended Short -Form PRD.)
and the Ordinance was read the third and last time. (The
Ordinance was read the first time on February 21, 1995; tabled on
March 7, 1995 until the applicant met with residents; and read
the second time on April 4, 1995.) Mr. A. C. Mitchell stated the
community has no objections to the Mid - America PRD since the
youth center has been removed, but would like to know what would
be there. The applicant, Mr. Cedrick Rodgers, was not present.
Mr. Jim Lawson, Director of Neighborhoods and Planning, stated
that this zoning application, as modified, was taken back to the
Planning Commission earlier the same day (4- 18 -95) and the
Planning Commission was not comfortable with the modified
application because of the changes since the Planning Commission
approved it on January 10, 1995. Following the discussion, there
was a motion by Director Kumpuris, seconded by Director Hodges,
to send the application back to the Planning Commission, if the
applicant wants it continued, and the motion was unanimously
adopted. Therefore, a roll call. vote was not taken on passage of
the Ordinance.
Item 8 on the Agenda was a proposed Ordinance on third
reading to rezone property at Bowman and Hermitage Roads (Z-5698-
A) from PCD to "C -3" General Commercial District, and Item 9 was
a proposed Ordinance repealing Ordinance No. 16,465 and revoking
a "PCD" titled Mark IV Short -Form PCD (Z- 5698 -A) at Bowman and
Hermitage Roads. The two Ordinances were deferred until May 2,
1995, as requested by Director Keck, because the applicant may
amend the zoning application.
Consideration was then given to a proposed Ordinance on
second reading, with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF
LITTLE ROCK, ARKANSAS; AMENDING SECTION 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER
PURPOSES.
(Z -5949 - To rezone property on Sibley Hole Road north of I -30
from "R -2" Single - family District to "C -4" Open Display
Commercial District.)
(The Ordinance was read the first time on April 4, 1995.) Mr.
Edward A. Tucker, one of the owners of Gator Golf on I -30, stated
he wants to expand his business to include go -carts and video
games and listed several benefits to the City of Little Rock
(safe, clean, alcohol and drug free place for people to use,
sales tax revenue, employment, and would draw people from
outlying areas) . He said there are three residences on Sibley
Hole Road and there is a welding shop between Gator Golf and the
residences. He cited the other properties in the area that are
commercial and pointed out that the Master Plan shows this
property to be Mixed Commercial. In response to a question by
Director Adcock, Mr. Tucker said he would have 20 go -carts with
5.5 HP and would run 10 to 15 at a time. Responding to questions
about drainage, Mr. Pat McGetrick, project engineer, stated there
would be a detention basin on Sibley Hole Road and another one on
the southwest corner of the property, and oil on the parking lot
would drain into the detention facility. Director Adcock also
had questions regarding sound checks. Mr. Tucker said he had not
done any sound checks, but he did distribute copies of a noise
assessment study of go -cart activity prepared by Acoustech
Consultants in San Diego, CA, which stated that the noise levels
of modern go -carts are well below those found for most other
vehicles and equipment. The report stated the noise level for 10
carts 150' from track center was 61 decibels, and Mr. Tucker said
the homes in question are at least 400' from the corner of the
track. Ms. Chandra Russell, Public Works Director, said that
staff had obtained information from a go -cart facility in
Harrison, AR. The decibel reading for 4 go -carts at 30' was 75
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April 18, 1995
decibels and at 300' there was no discernible difference.
Director Adcock referred to a letter from Mr. Dillard Martin of
Roller Drummond Funeral Home at 10900 I -30, in which he stated he
felt the go -cart operation would have a negative impact on his
business and would perhaps cause him to close the funeral home.
City Attorney Tom Carpenter stated he was uncomfortable with some
of the discussions and issues, and reminded the Board that this
is a land use question which deals with compatibility. The
rezoning question is whether to allow outdoor amusement, which is
a wide open definition. If the Board wished to have that
narrowed, that is appropriate. Once the determination has been
made in the Plan that commercial or industrial is appropriate,
then all the commercial uses and all the industrial uses that are
permitted by Ordinance are appropriate. The denial needs to be
looked at in the terms of whether you wish the entire 11R -2" area
next to it to remain that, for example, as opposed to becoming
commercial and office in the long run. Or that you believe that
commercial is appropriate despite what is around it. When you
get too case specific you get into spot zoning questions or
contract zoning questions and start having problems. Mayor
Dailey said the noise issue has been raised by neighbors. Mr.
Jim Lawson, Director of Neighborhoods and Planning, stated the
Land Use Plan for many years has shown this area as Mixed Office
Commercial and there is no problem from a land use standpoint.
In response to a question by Director Hodges, Mr. Lawson stated
the property is zoned 11R -211, but the plan has always shown "MOC"
and the only reason it is 11R -2" is because they were there before
the area was annexed to the City of Little Rock. The Master Plan
is done first, then the property is rezoned over a period of
time. Mr. Carpenter explained that when land is annexed, it
comes in by default as 11R -2" regardless of the Plan. Following
the lengthy Board discussion, Mr. Carmen Breeding, 9215 Sibley
Hole Road, spoke in opposition to the rezoning. In reference to
the noise question, Mr. Breeding said they could hear the noise
from the Benton track now. The entrance to and from the go -cart
track will be on Sibley Hole Road and the car lights will shine
into his house. He objected to the car lights, the loud
speakers, and the increased traffic on Sibley Hole Road, which
has no street lights, no pavement and no curb and gutter. Mr.
Charles Barnhill, 9125 Sibley Hole Road, stated he is an aircraft
mechanic and goes to bed early in order to get up at 3:30 A.M. to
go to work at 5:00 A.M.; therefore, the noise and lights from the
traffic would make sleeping difficult. He said increased traffic
and trash on Sibley Hole Road are issues. Betty Owings, 9201
Sibley Hole Road, also spoke in opposition to the go -cart
operation, citing several concerns such as increases in noise,
traffic and littering. Judith Breeding, 9215 Sibley Hole Road,
which is across the street from the proposed go -cart track and
video arcade, said she was fearful of the kind of element that it
might attract and security problems that often result from video
arcades. Director Keck recommended that the Ordinance be
deferred two weeks so the applicant could meet with the residents
to try to work out some of the differences. The Ordinance was
then read the second time and left on the calendar for third and
final reading on May 2, 1995.
Introduced next was Ordinance No. 16,872, with the title
being:
AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND
ESTABLISHING A PLANNED DEVELOPMENT - RESIDENTIAL TITLED HUNTER'S
GREEN LONG FORM PLANNED DEVELOPMENT- RESIDENTIAL (4587 -A), LOCATED
NORTHWEST OF THE CUL -DE -SAC AT THE WEST END OF HUNTER'S GLEN
BLVD., IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING CHAPTER 36
OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR
OTHER PURPOSES;
(2- 4587 -A - Hunters Green Long -Form PD -R on Hunter's Glen Blvd.)
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April 18, 1995
Mr. Frank Riggin, Mehlburger Engineers, project engineer,
explained that the project consists of a 10 acre tract with 54
patio homes and will be a secured area with a wall around it and
controlled access. He stated he had met with several adjacent
home owners in Country Wood and resolved their concerns. He just
met with some of the residents of Marlow Manor (during the Board
Meeting) and worked out an agreement on some of their concerns,
and the remaining issue of drainage has been resolved. He
concluded by asking the Board for a positive vote because of the
urgency in that the contractual agreements expire on Friday,
April 21, 1995. Mr. Tom Oliver, President of Marlow Manor
Property Owners Association, said there was a lot of discussion
on the issue of traffic on Hinson Road and when future
development comes along that pre- existing condition needs to be
addressed, but their concern about drainage had been adequately
addressed and Marlow Manor will actually benefit from the
engineer's plan to control drainage. Mr. Bob Tyler, 12503 Coleen
Drive, a neighbor to the property, spoke in support saying he
felt it would not hurt the value of his property, and urged the
Board to approve the PD -R. The Ordinance was then read the first
time. There was a motion by Director Adcock, seconded by
Director Wyrick, to suspend the rules and place the Ordinance on
second reading. The motion was unanimously adopted by the Board
Members present, being eleven in number and two - thirds or more of
the members of the Board of Directors - elect, and the second
reading of the Ordinance ensued. There was a subsequent motion
and second by Directors Sharp and Adcock, respectively, to again
suspend the rules and place the Ordinance on third and final
reading. The motion was unanimously adopted by the Board Members
present, being eleven in number and two - thirds or more of the
members of the Board of Directors - elect, and the Ordinance was
read the third and last time. A roll call vote was taken on the
question, Shall the Ordinance Pass, with the results recorded as
follows: Ayes - Directors Joyce, Wyrick, Sharp, Mason, Kumpuris,
Adcock, Wilson, Hinton, Hodges, Keck, and Mayor Dailey - total
11; Noes - None; Absent - None. Whereupon, the Ordinance was
declared PASSED.
The next presentation was Ordinance No. 16,873, with the
title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A VARIANCE
FROM THE MAXIMUM ALLOWABLE LENGTH OF A LOOP STREET FOR SAID LOOP
STREET TO MEET THE CLASSIFICATION AS A MINOR RESIDENTIAL STREET;
(2- 4587 -A - Variance for Hunters Green Long -Form PD -R to permit
the loop street to be constructed to a length of 1765 feet.)
and there was a first reading of the Ordinance. The rules were
suspended to provide for the second reading of the Ordinance,
upon a motion and second by Directors Adcock and Wyrick,
respectively, which was unanimously adopted by the Board Members
present, being eleven in number and two - thirds or more of the
members of the Board of Directors- elect. Following the second
reading of the Ordinance, there was a subsequent motion by
Director Sharp, seconded by Director Adcock, to again suspend the
rules and place the Ordinance on third and final reading. The
motion was unanimously adopted by the Board Members present,
being eleven in number and two - thirds or more of the members of
the Board of Directors - elect, and the Ordinance was read the
third and last time. A roll call vote was taken on passage of
the Ordinance, with the result recorded as follows: Ayes -
Directors Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson,
Hinton, Hodges, Keck, and Mayor Dailey - total 11; Noes - None;
Absent - None. Whereupon, the Ordinance was declared PASSED.
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