07-16-02MINUTES
BOARD OF DIRECTORS MEETING
City Hall — 500 W. Markham
July 16, , 2002
6:00 PM
The Board of Directors of the City of Little Rock, Arkansas met in regular session with
Mayor Daily Presiding. The roll was called by City Clerk Nancy Wood, with the
following Directors Present: Directors: Hinton, Pugh, Stewart, Graves, Lichty, Keck,
Adcock, Wyrick, Kumpuris, and Vice Mayor Cazort.
The invocation was given by Director Pugh, which was followed by the Pledge of
Allegiance.
With a quorum present, Mayor Dailey declared the Board of Directors in session and the
proceedings of the meeting are recorded as follows:
A motion was made by Director Adcock to make the modifications to the agenda; adding
item M -1 to the consent agenda; M -5 and M -17 to the Grouped Items, and to take Items
15 and 16 out of Grouped items and list as separate items, and make note this would the
second reading on items 15 and 16, and Item 23 were deferred for three weeks at the
request of the city attorney. Item M -2 was deferred for discussion in three weeks. Item
24 was deferred for three weeks. Director Keck seconded the motion. By a unanimous
voice vote of the Board members present, the modifications were made to the agenda.
MODIFICATION NO. 1
ADDITIONS
M -1. RESOLUTION NO. 11,324 - Expressing the willingness of the City of Little
Rock, Arkansas to utilize federal aid monies for the purpose of the Junction Bridge
Conversion to Pedestrian Project.
M -2. RESOLUTION - To make appointments to Commission for Children Youth and
Families. (Item deferred to August 5, 2002.
MODIFICATION NO.2
ADDITION
M -3. RESOLUTION NO. 11,325 - To authorize the Mayor and City Clerk to enter into
an agreement to accept the donation of an interest in the Rock Island Bridge for the
Clinton Presidential Park; and for other purposes.
MODIFICATION NO. 3
ADDITIONS
M -4. EXECUTIVE SESSION - Discussion - City Manager
M -5. ORDINANCE NO. 18,715 - Dispensing with the requirement of competitive
bidding and authorizing the City Manager to enter into a contract extension with Pulaski
County, Arkansas for Alternative School Services; and for other purposes.
DEFERRAL
24. RESOLUTION - Awarding a contract to Gene Summers Construction,
Incorporated for improvements to 40t" Street. (Deferred to 8- 5 -02).
CORRECTION:
NOTE: STAFF RECOMMENDATION IS FOR APPROVAL on Item 17.
RECOMMENDATION WAS LISTED INCORRECTLY.
17. ORDINANCE
To amend the Land Use Plan (16,222) in Otter Creek Planning District (Heinke Road at
the county line) from Single Family to Low Density Residential; and for other purposes.
(Planning Commission: Syes, 0 no, 2 absent.) Staff recommends denial.
CONSENT AGENDA (1 -6)
1. RESOLUTION NO. 11,326 - To authorize local government endorsement of
Raytheon Aircraft Company located at 2480 Grundfest Road, Little Rock, Arkansas
to participate in the Advantage Arkansas Program; and for other purposes.
2. RESOLUTION NO. 11,327 - To authorize local government endorsement of
Balcones Fuel Technology, Inc. located at 4501 Thibault Road, Little Rock, Arkansas,
to participation the Advantage Arkansas Program; and for other purposes.
3. RESOLUTION NO. 11,328 - Of the Board of Directors of the City of Little Rock,
Arkansas, setting the date of public hearing for August 20, 2002, on an ordinance
establishing a schedule of sewer rates for the Little Rock Wastewater Utility and fixing
the effective date thereof.
4. RESOLUTION NO. 11,329 - To implement the terms of Ordinance No. 18,714
(July 2, 2002) authorizing the issuance and sale of Capital Improvement Revenue
Bonds; (Jr. Lien Bonds) and for other related purposes.
5. RESOLUTION NO. 11,330 - Declaring the intent of the City of Little Rock,
Arkansas to make certain expenditures toward Capital Improvements for the City and
to reimburse itself for such expenditures from the proceeds of bonds of the City; and
prescribing other matters relating thereto.
6. RESOLUTION NO. 11,331- To direct the City Attorney to draft any necessary
ordinance amendments or new ordinances to address the various questions related to
Planned Unit Developments (PUD'S) in the City of Little rock including but not limited
to their expiration process, the number of allowed renewals, the speculative zoning nature
of some PUD Applications, and for other purposes.
M -1. RESOLUTION NO. 11,324 - Expressing the willingness of the City of Little
Rock, Arkansas to utilize federal aid monies for the purpose of the Junction Bridge
Conversion to Pedestrian Project.
M -3. RESOLUTION NO. 11,325 - To authorize the Mayor and City Clerk to enter into
an agreement to accept the donation of an interest in the Rock Island Bridge for the
Clinton Presidential Park; and for other purposes.
The consent agenda was read, including Items M -1 and M -3. A motion was made by
Director Adcock, seconded by Vice Mayor Cazort to adopt the Consent Agenda. By
majority voice vote the consent agenda was adopted. Director Wyrick voted no on Items
4 and S and 6.
Grouped Items: 7 -14 and Items 17,18,19
7. ORDINANCE NO. 18,716 - - 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 Montange Court. (Planning Commission: Approved on Consent
Agenda.) Staff recommends approval.
8. ORDINANCE NO. 18,717 - Z -7235 - Approving a Planned Office District titled
Hillvale Addition Short Form POD located at the northeast corner of Stacy Lane and
Farris Road in the City of Little Rock, Arkansas, amending the Official Zoning Map of
the City of Little Rock; and for other purposes. (Planning Commission: 7 yes, 0 no, 3
absent.) Staff recommends approval.
9. ORDINANCE NO. 18,718 - Z -7233 - Approving a Planned Commercial District
titled Storthz Short Form PCD located 219 North University Avenue in the City of
Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and
for other purposes. (Planning Commission: 7 yes, 0 no, 3 absent.) Staff recommends
approval.
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10. ORDINANCE NO. 18,719 - Z- 5770 -B — Approving a Planned Zoning
Development and establishing a Planned Office District titled Max Mart Short Form
POD located north of Cantrell Road in the City of Little Rock, Arkansas, amending the
Official Zoning Map of the City of Little Rock, and for other purposes. (Planning
Commission: 7 yes, 0 no, 3 absent.) Staff recommends approval.
11. ORDINANCE NO. 18,720 - S -1330 — 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 lot without public street frontage for
Max Mart Addition — Preliminary Plat located north of Cantrell Road approximately
8,700 feet east of Rummel Road. (Planning Commission: 8 yes, 0 no, 2 absent.) Staff
recommends approval.
12. ORDINANCE NO. 18,721 - S -1344 - 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 and a variance to
allow a deduced minimum lot width for the Montange Court Sub - division —
Preliminary Plat located on the northeast corner of South Katillus Road and Forest
Lane. (Planning Commission: 7 yes, Ono, 3 absent.) Staff recommends approval.
13. ORDINANCE NO. 18,722 - S -1342 - 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 lot without public street frontage for
Brittner Subdivision — Preliminary Plat, located southwest of the intersection of
Heatherbrae Circle and Heatherstone Point. (Planning Commission: 7 yes, 0 no, 3
absent.) Staff recommends approval.
14. ORDINANCE NO. 18,723 - S- 1280 -G - 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 of minimum front platted building line and a
variance to allow double frontage lots for Valley Falls Estates Subdivision —
Preliminary Plat, located at the Southwest Corner of South Katillus Road and Forest
Lane. (Planning Commission: 7 yes, 0 no, 3 absent.) Staff recommends approval.
17. ORDINANCE 18,724 - To amend the Land Use Plan (16,222) in Otter Creek
Planning District (Heinke Road at the county line) from Single Family to Low Density
Residential; and for other purposes. (Planning Commission: 8yes, 0 no, 2 absent.) Staff
recommends denial.
18. ORDINANCE NO. 18,725 - Z -7074 — approving a Planned Zoning Development
and establishing a Planned Residential District titled Cottages in the Pines Long Form
PDR located at the Saline County Line, approximately 1000 feet south of Johnson Road,
Pulaski County, Arkansas, amending the Official Zoning map of the City of Little Rock;
and for other purposes. (Planning Commission: 7 yes, I no, 2 absent.) Staff
recommends approval.
19. ORDINANCE NO. 18,726 - Accepting The Rolling Pines Annexation, adding
certain lands to the City of Little Rock, Arkansas. (Planning Commission: 10 yes, 0 no.)
Staff recommends approval.
The grouped items (ordinances) were read the first time. The rules were suspended to
provide for the second and third readings of the ordinances by unanimous voice vote of
the Board members present. The ordinances were read the second and third times, and by
a unanimous voice vote of the Board members present the ordinances were passed.
15. ORDINANCE NO. - Z -6863 — Approving a Planned Zoning Development and
establishing a Planned Office District titled Michael's Revised Short Form PCD
located at 1701 Rebsamen Park Road in the City of Little Rock, Arkansas, amending
the Official Zoning Map of the City of Little Rock, and for other purposes. (Planning
Commission: 3yes, 6 no, 2 absent.) Staff recommends denial.
16. ORDINANCE NO. - - Amending Chapter 30 of the Code of Ordinances of the City
of Little Rock, Arkansas, providing for a waiver of Master Street Plan Improvements for
property located at 1701 Rebsamen Park Road. (Planning Commission: 3yes, 6 no, 2
absent.) Staff recommends denial. Mayor Dailey announced there would be five minutes
form each side of the issue to present their case. Mr. Jim Lawson, Planning Driector,
updated the Board with recent information
The item was read the second time. Mr. Lawson referenced a letter and lease agreement
dated July 16, 2002 delivered today from Ms. Michaels attorney, Chris Travis, with
copies to the Board members. Mr. Lawson stated the letter asked that his client's PUD be
amended to include three items. The first item was to change the hours of operation to I 1
PM. Mr. Lawson stated staff would not recommend the change of hours. Item two was
to defer the obligation of the half street improvements and sidewalks until the Master
Street Plan is implemented on all of Rebsamen Park Road. Mr. Lawson stated staff is
totally against this; that is paramount to a complete waiver. Item three (discussed at the
last meeting) in terms of the lease, is that staff is concerned that there would not be
adequate parking for the restaurant. Mr. Lawson said Mr. Michaels had stated that his
lease would allow an additional twenty -five cars. Mr. Lawson showed a drawing of the
leased area and showed there are not twenty -five spaces for that particular area. Mr.
Lawson stated that normally when there is a lease agreement for parking, its with a bank,
church, etc, a use that does not use the parking continually. He said if you give away the
parking, then the building could not be used for anything else. He said it is almost a
transfer of development rights. Mr. Lawson stated staff's recommendation is still denial.
Mr. Michaels, applicant, and Mr. Travis, attorney for the applicant, asked the board to
approve the application as presented. Mr. Ed David, Owner of the Faded Rose, and Ms.
Donna McClelland, representing the Rivera Apartments, and Ms. Ruth Bell, League of
Women Voters, asked for denial of the application. The ordinances were read the second
time. The rules were suspended by two - thirds vote of the Board members present, the
ordinances were read the third time. By voice vote of the Board members, recorded as
follows: Directors: Pugh, yes, Hinton, no, Lichty, no, Vice Mayor Cazort, no, Keck, no,
Stewart, yes, Wyrick, no, Kumpuris, no, Graves, no, Adcock, voted yes on Item 15 and
no on Item 16, Mayor Dailey. The vote was 3yes, and 8 no on Item 15; 2 yes and 9 no on
Item 16. . Ordinances did not pass.
PUBLIC HEARING & RESOLUTION NO. 11,332 - Z- 7015 -A - To rescind the
Planning Commission's action in denying a Revised Conditional Use Permit to allow for
placement of additional vacuum islands on the C -3 zoned, Clean Tech Ventures, Inc.
Car Wash at 9020 Geyer Springs Road. (Planning Commission: 0 yes, 9 no, 2 absent.)
Staff recommends approval of the resolution approving the Revised Conditional Use
Permit as amended by the applicant subsequent to the Planning Commission's action.
Mr. Lawson stated the applicant has submitted a revised site plan, and staff's
recommendation was now for approval. Vice Mayor Cazort asked why this did not go
back to the Planning Commission since it has been revised. Mr. Lawson stated this was
the Board's call. He sad the applicant had moved the vacuum cleaners, which is what
staff objected to. Mr. Lawson stated it should have been done at the Planning
Commission Meeting and it was not done, but that they have done that now. He said the
Board could send it back. Director Lichty stated he felt it should go back, and made the
motion to do so; with Vice Mayor Cazort seconded the motion. Director Wyrick stated
this was a very minor item to relocate the vacuum cleaners from one place to another.
She said the applicants were here tonight that are presenting the item, and didn't see the
need to send it back to the Planning Commission for that one item Director Lichty stated
that is true but the applicant had the option of doing that at the Planning Commission and
they chose not to. Mr. Lawson stated what was before the Board, is what the Planning
Commission tried to direct the applicant to do, but the bottom line, is that this is not the
exact plan the Planning Commission voted on, but it is a minor issue. Mayor Dailey
asked that the motion be pulled down, and open the public hearing, and then make the
decision. Director Lichty withdrew the motion. (The actions and comments recorded
took place at an earlier time during the meeting.) . Mayor Dailey Declared the public
hearing open. Mayor Dailey recognized Mr. Troy Laha, representing several
neighborhood associations, spoke in support of the revised plan. Ms. Janet Berry stated
she also supported the revised plan, saying it was one of the better new businesses in their
area. Director Adcock stated she agreed with Director Wyrick and had talked to the
neighbors, and the developer has done a good job. He is keeping it clean, and keeping
the noise down, and has done everything the neighborhood has requested and would like
to see it move forward. Mayor Dailey declared the public hearing closed. Vice Mayor
Cazort stated since this was a fairly minor change, he did not have a problem voting for
this, but as a matter of policy, it needed to be decided at what point, or level of change
that the Planning Commission has denied, how much change is required before an item is
sent back to the Planning Commission. He stated he believed some standards needed to
be set. Director Wyrick made a motion to adopt the resolution; Director Adcock
seconded the motion. Director Lichty asked the applicant to come forward and explain
why this action was not taken during the Planning Commission meeting. Mr. Paul
Stagg, the applicant, stated that staff told him they would like to see the vacuums moved,
and he thought he had some logical reasons why they would be okay where they were
located, and thought the issue could be addressed with some landscaping. He said he was
not aware of the opposition in the neighborhood, and thought he had an opportunity to
address the situation in a different way. Director Lichty asked Mr. Stagg is he were given
the opportunity during the Planning Commission hearing to revise the plan at that time.
Mr. Stagg said he was not. Mr. Lawson, Planning Director said it is difficult for an
applicant to appear before the Planning Commissioner, and for them to get a feel for what
is going on. Mr. Lawson said it was clear to staff, but the applicant may have been
confused. Director Lichty offered an amended motion to vote on whether or not the item
should go back to the Planning Commission for review; Director Keck seconded the
motion. Vice mayor Cazort said he would vote for the item, but it is a policy issue, and
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the board needs to be more definitive on these issues. Directors Keck, Lichty and
Stewart voted to send the item back to the Planning Commission; those who voted in
opposition were Directors, Hinton, Pugh, Wyrick, Kumpuris, Graves, Adcock, Mayor
Dailey. Vice Mayor Cazort voted present. There was a motion to adopt the resolution;
the vote was recorded as follows: Directors Stewart and Keck voted no. Directors Pugh,
Hinton, Lichty, Wyrick, Kumpuris, Graves, Adcock, Vice Mayor Cazort and Mayor
Dailey voted in favor. The resolution was adopted.
21. PUBLIC HEARING & RESOLUTION NO. 11,333 - Z- 4650 -B -To rescind the
Planning Commission's action in denying a Conditional Use Permit to allow for
construction of a parking lot and education addition for Parkway Place Baptist Church
on the R -2 zoned property located at 300 Parkway Place Drive. (Planning Commission:
4 yes, 3 no, 4 absent.) Staff recommends approval of the Conditional Use Permit.)
Mayor Dailey declared the public hearing open. Director Keck stated the neighborhood
association voted in favor of supporting this application and there was no opposition, He
said the church was a good neighbor and needed the expansion due to the fact that they
were an active part of this neighborhood and community, and encouraged a vote to
approve the Conditional Use Permit. There was no other discussion. Mayor Dailey
closed the public hearing. A motion was made by Director Keck to rescind the Planning
Commission's action and approve the Conditional Use Permit; seconded by Vice Mayor
Cazort. By unanimous voice vote of the Board members present; the resolution was
adopted.
22. ORDINANCE NO. 18,727 - To authorize an adjustment of the Fiscal Year 2002
Budget for changes to Waste Disposal Operations and other budget adjustment. The
ordinance was read the first time; rules were suspended by two thirds of the Board
members present, to suspend the rules and provide for the second and third readings of
the ordinance. Director Wyrick voted no on suspending the rules. The ordinance was
read the second and third times, and by a majority voice vote of the board members
present, the ordinance did pass. The vote was 9 yes, 2 no. Director Wyrick and
Director Keck voted against the passage of the ordinance.
23. RESOLUTION
To authorize the Mayor to sign a collection service agreement with Collection Service,
Inc. of Little Rock, Arkansas. (Deferred.)
24.RESOLTUION - Awarding a contract to Gene Summers Construction,
Incorporated for improvements to 40th Street. (Deferred to August 5, 2002)
25. RESOLUTION NO. 11,334 -Authorizing the City Manager to enter into a contract
with LDV, Inc. for the purchase of one (1) mobile communications van in the amount of
$149,421.00. Director Adcock asked where the funds would be coming form. Mr.
Moore, Acting City Manager sated the funds would come from the local Law
Enforcement Block Grant program. Vice Mayor Cazort made the motion to adopt the
resolution; Director Adcock seconded the motion, and by unanimous voice vote of the
Board members present, the resolution was adopted.
26. RESOLUTION NO. 11,335 — To set an August 22, 2002 hearing before the Little
Rock Planning Commission to consider the proposed extension of the City's
Extraterritorial Planning Jurisdiction; and for other purposes. Director Keck moved to
adopt the resolution; Director Adcock seconded the motion, and by unanimous voice vote
of the Board members present, the resolution was adopted.
27. REPORT - City of Little Rock Board of Directors — Director Keck asked for time to
present a Homeland Security update at the second meeting in August. Director Hinton
asked for an update on CDBG funds.
28. REPORT - City Manager's Activity Report
CITIZENS COMMUNICATIONS
Speaker: Mr. Charles Bowers
Topic: Tax issues coming up for vote in November.
Mr. Bowers stated he was concerned about the ability of the elected officials to fairly
disburse tax monies to specific issues.
Speaker: Ms. Mollie Irwin, 507 Deerbrook Road
Topic: Good News on Traffic Signal
Ms. Irwin announced that their association had received a $25.00 check as a donation
toward the traffic light at Henderson Middle School and Barrow Road, bringing the total
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to $31.00. She stated school would be starting up again in about a month, and was
concerned for the safety of the children.
Speaker: Dee White, 214 Barton
Topic: Supporting Citizen Initiatives
Ms. White stated she had her 50 signatures to run for Mayor. Ms. White stated this is an
election year and the children are hurting, that gangs are marauding thought Hillcrest as
recently as the night before. A young man had been injured while standing in front of his
house. She said violence is increasing and she did no see any leadership from the city for
preventing these things from happening.
Vice Mayor Cazort made a motion to go into executive session on the Children Youth
and Families Commission, to discuss a requirement in the ordinances that would indicate
if someone is a agency that would be seeking funding as part of the dollars that are
available to Children Youth and Families, if seeking an At large position, they would no
longer be able to qualify for, or ask for monies out of this fund, and to develop an
additional recruitment tool for applicants. The second part of the executive session is to
deal with the resignation of Mr. Cy Carney, City Manager.
Mayor Dailey read Mr. Carney's letter of resignation into the record, as follows:
Dear Mr. Mayor and Board Members:
Thank you for providing the wonderful professional opportunity for me to serve as an
employee in the Little Rock City government organization. I have greatly enjoyed my
seven and one half years of work as Assistant City Manager and City Manager. Your
encouragement and support during this time have been very much appreciated. Because
it is necessary to provide additional care for two family members in the Phoenix area I
must submit my resignation as City Manager effective August 30, 2002. Peggy and I will
be moving to Arizona before the end of the year. During the next seven weeks, I will be
in Little Rock for a portion of the time and will be in Arizona for the remainder of the
days. Thank you for your friendship, for the opportunity to serve Little Rock citizens and
for the privilege of being an employee of the outstanding Little Rock City government
organization.
Mayor Dailey asked for a motion accepting the resignation, as outlined. Director Adcock
made the motion; seconded by Director Pugh. By unanimous voice vote the resignation
was accepted.
The Meeting recessed at 7:30 PM and reconvened at 8:30 PM.
Mayor Dailey announced that Mr. Bruce Moore would be appointed the position of
Interim City Manage with a salary of $95,000 during that period of time. Director Keck
made a motion to approve; Vice Mayor Cazort seconded the motion, and by unanimous
voice vote of the Bard members present, Mr. Moore was appointed as Interim City
Manager upon Mr. Carney's departure on August 30, 2002.
Director Kumpuris suggested that in two weeks Mr. Don Flegal, Human Resource
Director, come before the board and make a presentation on criteria, etc. for starting the
process to look for a new City Manager. Director Adcock seconded the motion. Mr.
Carpenter advised that the process for hiring could not be discussed in Executive Session.
Vice Mayor Cazort seconded the motion; by unanimous
voice vote the motion was adopted. Vice Mayor
Cazort seconded the motion; by unanimous voice vote of the Board members present, the
meeting was recessed at 9:00 PM.
ATTEST:
C4 Cler
APPROVED:
Myr