08-19-03Little Rock Board of Directors
Minutes: 8 -19 -03
BOARD OF DIRECTORS MEETING
City Hall — 500 W. Markham
August 19, 2003
6:00 PM
The Board of Directors of the City of Little Rock, Arkansas met in regular session with
Mayor Dailey Presiding. City Clerk, Nancy Wood called the roll with the following
Directors Present: Pugh, Vice Mayor Hinton, Keck, Adcock, Stewart, Hurst, Wyrick,
Cazort, and Mayor Dailey. Director Stewart was absent. Director Kumpuris was not
present at roll call but enrolled at 6:30 PM. Mayor Dailey gave the invocation, which
was followed by the Pledge of Allegiance.
Mayor Dailey asked the Board to consider the listed modifications.
ADDITION:
M -1. ORDINANCE NO. 18,916 - To amend Little Rock, Ark. Ordinance No. 18,473
(May 1, 2001) concerning South Katillus Street, Little Rock, Pulaski County, Arkansas,
that has been abandoned, to declare an emergency; and for other purposes.
DEFERRAL:
15. PUBLIC HEARING & ORDINANCE - To vacate and abandon a portion of the
undeveloped sixty -foot wide Chenal Valley Drive Right -of -Way to be incorporated into
future development, in the City of Little Rock, Arkansas, and for other purposes.
Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis:
The abutting property owner, Deltic Timber Corporation is requesting to abandon the
undeveloped 60 -foot wide Chenal Valley Drive Right -of Way to be incorporated into a
future multi- family development.
16. PUBLIC HEARING & ORDINANCE - To vacate and abandon a portion of the
sixty -foot wide Bishop Street Right -of -Way located between West 7th Street and I -630,
in the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9
yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The abutting property
owner, State of Arkansas, requests to abandon that portion of the 60 foot wide Bishop
Street Right -of -Way located between West 7th Street and I -630.
19. ORDINANCE - To allow participants of the City of Little Rock Police Pension
Fund Deferred Retirement Option Plan (DROP) to remain employed as police officers
in accordance with state law. Staff recommends approval. (Defer to September 2, 2003).
Synopsis: The ordinance allows police officers in the DROP plan to continue
employment with the City of Little Rock after completion of the DROP period ends as
authorized by Act 1372 of 2003.
DELETION:
22. ORDINANCE - To amend Chapter 36 of the Code of ordinances of the City of
Little Rock providing for modification of various regulations; and for other purposes.
(Duplicate item. Item was passed 7- 15 -03.)
CONSENT AGENDA (1 -6)
1. APPROVAL - Of the Certification of Election results of the Special Election held in
the City of Little Rock on July 22, 2003 on the proposal for "Authorization and approval
of the levy of one -half of one percent (0.5 %) local sales tax within the City of Little
Rock, Arkansas, to be used for Capital Improvements to and maintenance of streets and
Little Rock Board of Directors
Minutes: 8 -19 -03
drainage for the City, which levy shall expire December 31, 2008. The certified results
were listed as: 4,369 FOR the proposal and 6,243 AGAINST.
2. MOTION - To set the date of public hearing for September 2, 2003 to appeal the
Planning Commission's decision to grant a Special Use Permit to Ruthie Clayton, #2
Cherry Valley Drive to permit a day care family home at #2 Cherry Valley Drive.
Planning Commission: 7 yes, 2 no, 2 absent. Staff recommends denial of the Resolution,
approval of the Special Use Permit. - Synopsis: Mr. And Mrs. Mark McGehee and Jan
Taylor are appealing 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 #2 Cherry Valley Drive.
3. RESOLUTION NO. 11,574 - G -2330 -To set the date of Public Hearing for
September 2, 2003 on the petition to abandon Public Right -of -Way
Located in Block 6 of Union Depot Addition. Planning Commission: 11 yes, 0 no, 0
absent. Staff recommends approval
4. RESOLUTION NO. 11,575 - To set the date of Public Hearing for September 2,
2003 at 6:00 P.M. on the projected uses of the 2004 CDBG, HOME and ESG Funding.
Synopsis: As a regulatory requirement, a public hearing must be conducted on the
proposed uses of 2004 CDBG, HOME, and ESG funding, which the City expects to
receive from the Department of Housing and Urban Development.
5. RESOLUTION NO. 11,576 - To enter into a contract with B. R. McGinty
Mechanical company to provide plumbing services; and for other purposes.
6. RESOLUTION NO. 11,577 - To authorize the City Manager to make application to
State Parks and Tourism for financial assistance to develop zoo facilities; and for other
purposes. Synopsis: Authorizing the City Manager to make application for a 50150
grant to the Arkansas Department of Parks and Tourism for improvements worth
$121,999 to the Little Rock Zoo.
END OF CONSENT AGENDA
The consent agenda was read. Director Adcock, seconded by Director Cazort made a
motion to adopt the Consent Agenda. By unanimous voice vote, the Consent Agenda
was adopted. Director Adcock asked for the Item dealing with Condemnation to be
presented after the Consent Agenda was read and voted on. None of the Board
members had any objections to this request.
20. ORDINANCE NO. Condemning a certain structure in the City of Little Rock as a
structural, fire and health hazard; providing for summary abatement procedures; directing
the City Attorney to take such action as is necessary to raze and remove said structure;
declaring an emergency; and for other purposes. Staff recommends approval. (1"
Reading only.) Synopsis: One burned multi- family residential structure is causing
negative environmental impact on the residential neighborhood in which it is located.
Item held on 1" Reading.
The item was read the first time. No further action was taken at this meeting.
GROUPED ITEMS.
Items 7-15
7. ORDINANCE NO. 18,917 - -Z -7433 — Approving a Planned Zoning Development
and establishing a Planned Office District titled Malmstorm Short -Form POD located
at the northwest corner of Kanis Road and Autumn 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: 11 yes, Ono, 0 absent. Staff recommends approval.
Synopsis: The applicant proposes to rezone these three tracts from R -2 and 0-3 to POD
to allow the construction of four office buildings in four phases.
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Little Rock Board of Directors
Minutes: 8 -19 -03
8. ORDINANCE NO. 18,918 - Z- 7008 -A — Approving a Planned Zoning Development
and establishing a Planned Office District titled — ESG Short -Form POD located at
18425 Kanis Road, 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 this tract from R-2, Single Family
to POD to allow the construction of three office buildings in three phases.
9. ORDINANCE NO. 18,919 - Z- 4587 -C — Approving a Planned Zoning Development
and establishing a Planned Residential District titled Hunters Green Estates Revised
PD -R located at 91 Hunters Green Circle, in the City of Little Rock, Arkansas, amending
the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes.
Planning Commission: 11 yes, 0 no, 0 absent. Staff recommends approval.
Synopsis: The applicant proposes to revise a previously approved PD -R to allow a reduced rear platted building line.
10. ORDINANCE NO. 18,920 - S -1401— Granting a variance form 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 an increased depth to width ratio for
Lot 3 and to allow Lot 3 to develop without public street frontage for the Lusk Addition
— Preliminary Plat located at 14410 Cantrell Road, Little Rock, Arkansas. Planning
Commission: 11 yes, Ono, 0 absent. Staff recommends approval. Synopsis: The
applicant is requesting the creation of a three (3) -lot plat, which will require variances
from the Subdivision ordinance. Proposed Lot 3 of the Lusk Addition will require two
variances to allow the lot to develop; a variance to allow an increased lot depth to width
ratio and a variance to allow the lot to develop without public street frontage.
11. ORDINANCE NO. 18,921 - -Z -7436 — Approving a Planned Zoning Development
and establishing a Planned Commercial District titled Lusk Long -Form PCD located at
14410 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: 11 yes, 0
no, 0 absent. Staff recommends approval. Synopsis: The applicant proposes to rezone
the site from R -2 to PCD to allow the creation of a three -lot plat and the development of
the three lots with office and commercial uses.
12. ORDINANCE NO. 18,922 - LU- 03 -01 -04 To amend the Land Use Plan (16,222) in
the River Mountain Planning District from Transition to Commercial; and for other
purposes. Planning Commission: 10 yes, 0 no, I absent. Staff recommends approval.
Synopsis: Land Use Plan Amendments in the River Mountain Planning District from
Transition to Commercial for future use.
13. ORDINANCE NO. 18,923 - S -1389 — 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 increased lot depth to width ratio for
Parcel 1 and variance to allow a reduced front platted building line for Parcel 2 for the
New Hope Baptist Church Subdivision — Preliminary Plat located at 7915 Highway
300, in Pulaski County, Arkansas. (Planning Commission: 9 yes, 0 no, 2 absent) Staff
recommends approval. Synopsis: The applicant is proposing the creation of a two (2)
lot plat, which will require two variances from the Subdivision Ordinance; a variance to
allow an increased lot depth to width ration for Parcel 1 and a variance to allow a reduced
platted building line on Parcel 2.
14. ORDINANCE NO. 18,924 - To amend the Parks Code at Little Rock, Arkansas
Revised Code 22 -39 to allow off -leash areas for dogs in areas specifically identified as
Park Dog Run Areas; and for other purposes. Staff recommends approval.
The Grouped Items consisting of Items 7 -14 were read the first time. The rules were
suspended by two - thirds vote of the Board members present, being two - thirds in number
to provide for the second and third readings of the ordinances. The ordinances were read
the second and third times. By majority voice vote of the Board members present, the
ordinances passed. The vote was recorded as follows: Directors: Pugh, Hurst, Cazort,
Keck, Wyrick, Kumpuris, Graves, Adcock, Vice Mayor Hinton, Mayor Dailey voted in
favor of Items 7 -14. Director Pugh voted against Item 14.
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Little Rock Board of Directors
Minutes: 8 -19 -03
15 PUBLIC HEARING & ORDINANCE NO. - To vacate and abandon a portion of
the undeveloped sixty -foot wide Chenal Valley Drive Right -of -Way to be incorporated
into future development, in the City of Little Rock, Arkansas, and for other purposes.
Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis:
The abutting property owner, Deltic Timber Corporation is requesting to abandon the
undeveloped 60 -foot wide Chenal Valley Drive Right -of Way to be incorporated into a
future multi - family development. The Item was deferred to September 2, 2003.
1. PUBLIC HEARING & ORDINANCE NO. To vacate and abandon a portion of the
sixty -foot wide Bishop Street Right -of -Way located between West 7th Street and I -630, in the
City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 yes, 0 no, 2
absent. Staff recommends approval. Synopsis: The abutting property owner, State of
Arkansas, requests to abandon that portion of the 60 foot wide Bishop Street Right -of-
Way located between West 7th Street and I -6 -30. The Item was deferred to September
2, 2003
17. ORDINANCE NO. 18,925 - Amending Chapter 30 of the Code of Ordinances of the
City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Street
Improvements for Asher Avenue and Roosevelt Road. Public Works staff recommend
a five year deferral; denial of requested waiver. Synopsis: Authorizes a waiver of
Master Street Plan improvements for Arkansas Radiator Services, located at 3901 Asher
Avenue near the Roosevelt intersection. The waiver will apply to the proposed expansion
of the existing building. The ordinance was read the first time. The rules were
suspended by two - thirds vote of the Board members present, being two - thirds in number
to provide for the second and third readings of the ordinance. The ordinance was read the
second and third times. By unanimous voice vote of the Board members present, the
ordinance passed.
18. ORDINANCE NO. 18, 940 - 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 University Avenue. Staff recommends approval. Proposed project
was reviewed and approved at the July 24, 2003 Planning Commission Meeting.
Synopsis: Authorizes a waiver of a portion of the Master Street Plan requirements for
the construction of a new Twin City Bank at the Broadmoor Shopping Center across from _
UALR. The waiver would apply to dedicating right -of -way and constructing a portion of
all required sidewalks and street improvements as shown on the plans for widening
University Avenue. Director Graves recused. The ordinance was read the first time. The
rules were suspended by two - thirds vote of the Board members present to provide for the
second and third readings of the ordinance. The ordinance was read the second and third
times. By voice vote the ordinance was passed. The vote was recorded as follows:
Directors Pugh, Hurst, Cazort, Keck, Wyrick, Kumpuris, Adcock, Vice Mayor Hinton
and Mayor Dailey voted yes. Director Graves recused. Director Stewart was absent.
OTHER BUSINESS
19. ORDINANCE - To allow participants of the City of Little Rock Police Pension
Fund Deferred Retirement Option Plan (DROP) to remain employed as police officers
in accordance with state law. Staff recommends approval. (Ordinance forthcoming)
Synopsis: The ordinance allows police officers in the DROP plan to continue
employment with the City of Little Rock after completion of the DROP period ends as
authorized by Act 1372 of 2003. The Item was deferred to September 2, 2003.
20. ORDINANCE NO. Condemning a certain structure in the City of Little Rock as a
structural, fire and health hazard; providing for summary abatement procedures; directing
the City Attorney to take such action as is necessary to raze and remove said structure;
declaring an emergency; and for other purposes. Staff recommends approval. (J"
Reading only) Synopsis: One burned multi - family residential structure is causing
negative environmental impact on the residential neighborhood in which it is located.
Item held on 1St Reading.
21. RESOLUTION NO. 11,578 - To authorize entry into an Interlocal Agreement with
Pulaski County, Arkansas, the City of North Little Rock, Arkansas, and The Pulaski
Little Rock Board of Directors
Minutes: 8 -19 -03
County Bridges Public Facilities Board for the use of the Junction Bridge; and for other
purposes.
22. ORDINANCE - To amend Chapter 36 of the Code of Ordinances of the City of
Little Rock, Arkansas providing for modification of various regulations; and for other
purposes. Staff recommends approval. Item deleted from agenda.
23. ORDINANCE NO. To amend Chapter 36 -5 of the Code of Ordinances of the City
of Little Rock providing for an interpretation setting standards for accessory buildings
and for other purposes. Staff recommends approval. (Deferred from August 4,
2003). Item deferred to September 2, 2003.
24. REPORT - City of Little Rock Board of Directors
25. REPORT - -City Manager's Activity Report
CITIZENS COMMUNICATIONS
Speaker: James LaBorde
Topic: Parking fines
Speaker: Robert Say McIntosh
Topic: Cleaning up the City
26. RESOLUTION NO. 11,579 - Appointments to various Boards and Commissions
27. Six -Month Review of the City Manager.
A motion was made by Director Cazort to go into executive session to make
recommendations for board and commission appointments, and for the purpose of the
six -month evaluation of the City Manager, Mr. Bruce Moore. Director Adcock seconded
the motion, and by unanimous voice vote of the Board members present, the meeting was
recessed at 6:45 PM. The meeting reconvened at 8:30 PM. Mayor Dailey called the
meeting back in session, and announced that the Board had unanimously given Mr.
Moore and excellent evaluation, and was very pleased with his job performance.
Mayor Dailey asked Mr. Moore to announce the recommendations for the various Board
and Commission vacancies. The nominations were as follows: Racial and Cultural
Diversity Commission: Odessa Gregory, Letrishe Hence, Carlas Smith. Oakland
Fraternal Cemetery Board: Eura Smith. Community Housing Advisory Board:
Sharlett Craig, Charles Johnson, William Bill James. Central Arkansas Transit
Authority: Sherry Walker, Todd Hart. Animal Services Advisory Board: Rita
Cavanaugh, James Pritchett. Director Adcock made the motion to approve the
nominations. Director Cazort seconded the motion, and by unanimous voice vote of the
Board members present, the appointments were approved.
A motion was made by Director Cazort, seconded by Director Keck to adjourn the
meeting, and by unanimous voice vote of the Board members present, the meeting was
adjourned at 8:45 PM.
ATTEST:
APPROVED:
1� INS
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