08-19-97307
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
August 19, 1997 - 6:05 P.M.
The Board of Directors of the City of Little Rock, Arkansas, met in regular
session with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll
with the following Directors present: Directors Hinton, Hodges, Cazort, Keck, Joyce,
Wyrick, Kelly and Adcock - total 8; Absent - Directors Wilson and Kumpuris - total 2.
With a quorum present, Mayor Dailey declared the Board of Directors in session
and the proceedings are recorded as follows.
The Invocation was given by Director Joyce, followed by the Pledge of
Allegiance.
(Director Wilson enrolled at 6:07 o'clock P.M.)
Mayor Dailey presented plaques to Little Rock Police Officers Robert Beasley
and Ralph Jackson in appreciation for their personal involvement and leadership in
Operation Genesis at the Alert Center located at 12th and Cedar Streets. Mayor Dailey
stated this represents the true meaning of the Community Policing Program. Operation
Genesis is a program to reduce crime by finding jobs for at -risk youths. Police Chief Lou
Caudell stated that Officers Beasley and Jackson had received the Police Department
Meritorious Conduct Award about six months ago in recognition of Operation Genesis.
Director Wilson announced that the College Station community had honored
Mayor Dailey and the Board of Directors with a plaque, which would be presented later.
Vice Mayor Keck made a presentation, stating that Promise Keepers is a
movement about men being called to their responsibility to their family, their community
and to God. The Arkansas Men of Integrity, a group involved in the Promise Keepers
ministry, is organizing a statewide Celebration of Unity Conference to be held
Saturday, September 6, 1997, at Barton Coliseum in Little Rock. Vice Mayor Keck then
read the proclamation which proclaimed September 6, 1997 as Men of Integrity Day in
Little Rock, Arkansas.
(Director Kumpuris enrolled at 6:15 o'clock P.M.)
Consideration was then given to the Consent Agenda, which consisted of the
following:
(1) Approval of the Minutes of the Board of Directors regular meeting held
November 7, 1996.
(2) The City of Little Rock Comprehensive Annual Financial Report for
the fiscal year ended December 31, 1996. (To be received and filed.)
(3) The Oakland- Fraternal Cemetery Audit Report for the year ended
December 31, 1996. (To be received and filed.)
(4) A motion to set the date of hearing for September 2, 1997, on the
appeal of the Planning Commission's denial of the application to rezone 209 -211 North
Summit Street (Z- 4050 -A) from "R -4" Two Family District to "R -5" Urban Residence
District. (Appeal filed by Delanor Berry)
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subsequent motion and second by Directors Joyce 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, and the Ordinance was read the
third and last time. A roll call vote was taken on passage of the Ordinance as follows:
Ayes - Directors Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hodges, Cazort,
Keck, and Mayor Dailey - total 10; Noes - Director Hinton - total 1; Absent - None.
Therefore, the Ordinance was declared PASSED.
Resolution No. 10,054 was the next presentation, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO DEVELOP
A CITY OF LITTLE ROCK SUSTAINABLE GROWTH STRATEGY AND
ACTION PLAN FOR EVALUATING FUTURE DEVELOPMENT AND
REVITALIZATION PROPOSALS.
(Directs the City Manager to set forth the sustainable growth strategy format and
timetable within the next ninety (90) days to develop a plan for a growth strategy for
the City which will include active plans for revitalization of existing neighborhoods
together with additional annexation growth plans in newly developing and
extraterritorial areas, and which assures the initial review of any annexation request
will be conducted by the Little Rock Planning Commission. The full process is to be
completed within 18 months.)
Director Adcock questioned whether this would be fair to a new City Manager who will
be coming on board soon. (Note: City Manager Charles Nickerson has resigned
effective November 1, 1997.) Speaking in support of the Resolution were Jim Lynch,
Pam Marshall, Ruth Bell, and Ethel Ambrose. Director Kelly read an article from the
Arkadelphia, AR newspaper that defines sustainable growth as: sustainable development
meets the needs of the present without compromising the ability of future generations to
meet their own needs. In other words, it is the act of building a community that will keep
going over the long haul. Director Kelly said the Planning Commission was receptive to
this and pleased to have the opportunity and authority to plan the City in a sustainable
way. He felt the groundwork has been laid and this is as urgent as it was several months
ago when the Board voted to turn all future annexations over to the Planning
Commission. In response to Director Kumpuris' question as to who is going to pay for
this, Director Kelly said he felt that the 1998 Budget should include funds for the
Planning Commission to utilize for this study, to hire consultants, etc. He also asked how
many people on the Planning Commission and the Board of Directors had read the
Tischler Report? How is the Tischler Study going to be factored in? We are getting
ready to embark on another study that we do not have money to fund. We are not being
good custodians of the money we have spent if we are going to send the Planning
Commission out without getting their thoughts on the Tischler Plan and how it pertains to
Little Rock today. We have not to my knowledge ever set down as a group with the
Planning Commission and said lets read this and see what we really want to do based on
the information we have. (Note: The Tischler Report was a growth management study
done as part of FUTURE- Little Rock.) Director Hodges suggested adding to the
Resolution that the Tischler Report be considered in depth. Director Hodges then moved
to add to Section 6 of the Resolution that "the Tischler Report shall be considered in
full before any other actions are undertaken." The motion was seconded by Director
Kumpuris and unanimously adopted. The Resolution was then read, followed by a
motion from Director Cazort to adopt the Resolution. The motion was seconded by
Director Joyce, and the Resolution, as amended, was unanimously adopted.
(Directors Kelly and Adcock were excused at 11:25 o'clock P.M.)
A public hearing had been scheduled for this time and place by Resolution No.
10,031, adopted August 5, 1997, on the petition to vacate and close portions of Victory,
Garland and Cove Streets from North Street to the Union Pacific Railroad right -of -way,
abutting Blocks 362 and 338 of the Original City of Little Rock. The petition was filed
by Joe White, Jr. on behalf of Ron Tabor and Choo Choo Partnership. Attached to the
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petition was a certified copy of the plat of Blocks 362 and 338, Original City of Little
Rock on file in the Pulaski County Circuit Clerk's Office and a letter from Beach Abstract
& Guaranty Company listing the last apparent owners of record to abutting property. The
notice of hearing was published in the Daily Record on August 12, 1997, and August 19,
1997. The Planning Commission approved the closure on June 26, 1997. Mayor Dailey
declared the public hearing open. No opposition was presented and Mayor Dailey
declared the public hearing closed. Consideration was then given to Ordinance No.
17,560, described as:
AN ORDINANCE VACATING AND CLOSING PORTIONS OF
VICTORY, GARLAND AND COVE STREETS FROM NORTH STREET TO
THE UNION PACIFIC RAILROAD RIGHT -OF -WAY IN THE ORIGINAL CITY
OF LITTLE ROCK, ARKANSAS; (Abutting Blocks 362 and 338, Original City.)
and the Ordinance was read the first time. There was a motion by Director Joyce,
seconded by Director Hinton, to suspend the rules and place the Ordinance on second
reading. The motion was unanimously adopted by the Board Members present, being
nine in number and two- thirds or more of the members of the Board of Directors, and the
second reading of the Ordinance ensued. There was a subsequent motion and second by
Directors Hinton and Wilson, 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 nine in number and two- thirds or more of the members of the
Board of Directors, and the Ordinance was read the third and last time. A roll call vote
was taken on passage of the Ordinance as follows: Ayes - Directors Joyce, Wyrick,
Kumpuris, Wilson, Hodges, Cazort, Keck and Mayor Dailey - total 9; Noes - None;
Absent - Directors Kelly and Adcock- total 2. Therefore, the Ordinance was declared
PASSED.
A public hearing had been scheduled for this time and place by Resolution No.
10,032, adopted August 5, 1997, on the petition to vacate and close portions of Jefferson
Drive, Monroe Drive, Highland Circle, Pinehill Terrace, and all unnamed streets, alleys
and rights -of -way within the boundaries of the former Highland Park Public Housing
Development. The petition was filed by Polly Kinslowe of McCormack Baron &
Associates, St. Luis, MO., on behalf of the Housing Authority of the City of Little Rock,
Arkansas. Attached to the petition was a certified copy of the plat of former Highland
Park Public Housing Development (Twelfth Street Pike Addition) of Little Rock on file
in the Pulaski County Circuit Clerk's Office and a letter from Beach Abstract & Guaranty
Company listing the last apparent owners of record to abutting property. The notice of
hearing was published in the Daily Record on August 12, 1997, and August 19, 1997.
The Planning Commission approved the closure on June 26, 1997. Mayor Dailey
declared the public hearing open. No opposition was presented and Mayor Dailey
declared the public hearing closed. Ordinance No. 17,561 was presented, with the title
being:
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF
JEFFERSON DRIVE, MONROE DRIVE, HIGHLAND CIRCLE, PINEHILL
TERRACE AND ALL UNNAMED STREETS, ALLEYS AND RIGHTS -OF -WAY
WITHIN THE BOUNDARIES OF THE FORMER HIGHLAND PARK PUBLIC
HOUSING DEVELOPMENT;
and the Ordinance was read the first time. There was a motion by Director Joyce,
seconded by Director Hinton, to suspend the rules and place the Ordinance on second
reading. The motion was unanimously adopted by the Board Members present, being
nine in number and two- thirds or more of the members of the Board of Directors, and the
second reading of the Ordinance ensued. There was a subsequent motion and second by
Directors Hinton and Wilson, 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 nine in number and two- thirds or more of the members of the
Board of Directors, and the Ordinance was read the third and last time. A roll call vote
was taken on passage of the Ordinance as follows: Ayes - Directors Joyce, Wyrick,
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Kumpuris, Wilson, Hodges, Cazort, Keck and Mayor Dailey - total 9; Noes - None;
Absent - Directors Kelly and Adcock- total 2. Therefore, the Ordinance was declared
PASSED.
Item 26 on the Agenda was a discussion of the request for funds for Westside
Junior High School. At the request of Finance Director Harold Boldt, the discussion
was deferred to September 2, 1997. (See Minutes of July 1, 1997, July 16, 1997, and
July 29, 1997)
(Directors Kelly and Wilson re- enrolled at 11:30 o'clock P.M.)
Consideration was then given to Item 22, being Resolution No. 10,055, described
as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO RESTRICT
FOR INFRASTRUCTURE PURPOSES FRANCHISE FEES FROM ALL NEW
FRANCHISES GRANTED BY THE CITY OF LITTLE ROCK.
Director Wyrick stated she did not want to earmark any current franchise fees. The
Resolution was designed to pick up any new franchise fees that might be coming, and
would leave the current level of franchise fees the same. Director Cazort then moved to
amend Section 1 of the proposed Resolution by adding the phrase "in excess of the total
franchise fees received in 1997" and the motion was seconded by Director Kumpuris.
City Manager Charles Nickerson expressed some concerns, stating the franchise fees are
our second largest source of operating revenue. Five percent of the sales tax has already
been restricted to be used to bond for infrastructure improvements. There are numerous
proposals floating around as part of the budget process that will further restrict operating
revenue in one form or another. (Mayor Dailey was excused at 11:35 o'clock P.M.)
We continue to add programs and restrict revenue. We have so few options available in
terms of operating funds. There are ways to fund the infrastructure issue. Mr. Harold
Boldt, Finance Director, said the Board needs to have work sessions on how we are going
to deal with long range capital and financial planning. A vote was then taken on the
motion to amend the Resolution, which was adopted by a unanimous voice vote. The
Resolution was then read, followed by a motion by Director Cazort for its adoption. The
motion was seconded by Director Hinton and the Resolution, as amended, was adopted
by the following roll call vote: Ayes - Directors Wyrick, Kumpuris, Wilson, Hinton,
Hodges, and Cazort - total 6; Noes - Directors Kelly, Adcock, Keck, and Joyce - total 4;
Absent - Mayor Dailey - total 1.
(Mayor Dailey re- enrolled at 11:40 o'clock P.M.)
Introduced next was Ordinance No. 17,562, entitled:
AN ORDINANCE APPROPRIATING $131,903 FROM THE 1996
GENERAL FUND CARRYOVER ACCOUNT TO THE SPECIAL PROJECTS
FUND AS MATCHING FUNDS FOR THE 1997 LOCAL LAW ENFORCEMENT
BLOCK GRANT PROGRAM;
and the Ordinance was read the first time. There was a motion by Director Joyce,
seconded by Director Adcock, 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, and
the second reading of the Ordinance ensued. There was a subsequent motion and second
by Directors Hinton and Wilson, 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, and the Ordinance was read the third and last time. A roll call vote
was taken on the question, Shall the Ordinance Pass, as follows: Ayes - Directors Joyce,
Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hodges, Cazort, Keck and Mayor Dailey -
total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED.
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Consideration was given to Ordinance No. 17,563, described as:
AN ORDINANCE TO AMEND LITTLE ROCK, ARK. REV. CODE
SECTION 2 -243 (1988) TO RECOGNIZE EXECUTIVE RECRUITMENT FIRMS
SPECIALIZING IN ASSISTING ORGANIZATIONS IN RECRUITING
APPLICANTS FOR PROFESSIONAL AND MANAGERIAL POSITIONS AS A
PROFESSIONAL SERVICE FOR THE CITY OF LITTLE ROCK, ARKANSAS,
AND ITS VARIOUS BOARDS AND COMMISSIONS; AND FOR OTHER
PURPOSES;
and the Ordinance was read the second time, having been read the first time on August 5,
1997. There was a motion by Director Cazort, seconded by Director Wilson, to 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, and the Ordinance was read the
third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass,
as follows: Ayes - Directors Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hodges,
Cazort, Keck and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the
Ordinance was declared PASSED.
Introduced next was a proposed Ordinance described as:
AN ORDINANCE CREATING THE LITTLE ROCK HISTORY
COMMISSION; AND FOR OTHER PURPOSES.
The Ordinance was read the first time and left on the calendar for second reading on
September 2, 1997. (Note: The proposed Ordinance had been deferred from June 3,
1997, June 17, 1997, June 24, 1997, and July 29, 1997.)
Item 29 on the Agenda was a discussion of fire protection for the College
Station community. Mr. Hezekiah Stewart, Executive Director of Watershed Human and
Community Development Agency, had written a letter to Fire Chief Rubin Webb
requesting fire protection by the Little Rock Fire Department, since the College Station
Volunteer Fire Department was destroyed by fire on July 2, 1997. City Manager Charles
Nickerson recommended that the City should not extend fire protection service to College
Station area unless there is annexation. Chief Webb feels like that would jeopardize our
service within our own community, and most cities do not extend service outside of city
limits. The Sweet Home Fire Department is currently providing fire protection to
College Station. Mayor Dailey thought that Pulaski County had agreed to provide fire
service to College Station. Vice Mayor Keck asked for a written report to the Board.
(Note: Director Adcock requested that the Planning Commission look at extraterritorial
zoning for the College Station community)
Item 30 on the Agenda was a discussion of the Brady Bill, which basically
compelled state governments such as Arkansas to conduct certain checks to ensure that a
person was permitted by law to posses a firearm, then the U.S. Supreme Court ruled that
the Federal Government cannot compel cities or states to enact or administer a Federal
Regulatory Program. Police Chief Lou Caudell stated that the Little Rock Police
Department is prohibited by State Law from regulating the sale of firearms. He did not
believe there is anything the Police Department can do under current state law to conduct
background checks.
Item 31 on the Agenda was a discussion of the billboard update. Directors
Hodges and Kelly did meet with representatives of the billboard industry (Reed and
Schlererth) and reached a tentative agreement. Funds are available that will be lost to the
City for this purpose within a short period of time, and in view of the long litigation that
has gone on and the court decision that the City is required to pay for billboards, the
agreement was that the money should be spent for what it was intended, and to get an
independent appraiser to help select those billboards that would get us the most bang for
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our buck, and remove those billboards geographically along scenic corridors. City
Attorney Tom Carpenter said that no Board action is required. The City has already hired
an appraiser; we just need to work out the details.
Director Wyrick asked for a report on the number of employees we are down
since the hiring freeze and when the freeze will be lifted.
Director Hinton asked for permission to set up some meetings with the
neighborhood people to get ideas from grass roots people on ways to cut crime.
At the time allotted for Citizen Communications, which started at 12:05 o'clock
A.M., the first speaker was Ms. Christina Osborn, 3220 Lamar, who works full time at
Wendy's and has a 16 year old son that is a member of the gang on 13th Street. She said
she needs help. The Police can't do anything. She said the police tell her he is on crack.
She comes home from work at 8:00 P.M., and he comes home drunk at 7:00 A.M. and
sleeps all day and is gone when she comes home. She named a number of agencies and
people she has called. He has been in drug rehabilitation four times. She asked the
Board to help her. Mayor Dailey applauded her courage in coming to the Board with her
concern. He agreed to meet with her and see if there is some youth task force avenue that
would be able to help.
Ms. Diane Edwards, 15 Allyson Circle, was the next speaker under Citizen
Communications. She addressed the Board about the abandoned apartment buildings
on Butler Road in southwest Little Rock. She and her neighbors want the buildings
demolished, and asked the Board to look into the budget to allocate funds for demolition
of the buildings. Mr. Hathcock gave her an estimate of $80,000 for asbestos abatement in
the buildings, and an estimated total cost of $200,000. Director Adcock asked that the
City Manager contact the National Guard about becoming a partner with the City in
removing these buildings.
The last speaker under Citizen Communications was Mr. Andrew Bearden,
3205 Arch Street, who addressed the Board about abandoned houses at 3118 Arch Street
and 3103 Arch Street, and duplexes at 515 West 31st Street and 517 West 31st Street that
need to be destroyed.
There being no further business to be presented, the Board of Directors adjourned
at 12:22 o'clock A.M. to meet again in regular session on Tuesday, September 2, 1997, at
6:00 o'clock P.M.
ATTEST:
(�2 "JL, 44-w-� a-
City Clerk Robbie Hancock
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APPROVED:
2 aat&
O
yor Jim Dailey
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(5) A motion to set the date of hearing for September 2, 1997, on the
appeal of the Planning Commission's denial of the application to rezone 8209 Baseline
Road from "R -2" Single Family District to "C -4" Open Display District. (Appeal filed by
Agnes and Madison Wilson)
(6) Resolution No. 10,047, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE NECESSARY DOCUMENTS TO ADJUST THE
PROPERTY BOUNDARY DESCRIPTION IN THE WAR MEMORIAL
STADIUM LEASE.
(7) Resolution No. 10,048, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
APPLY FOR A FEDERAL GRANT FROM THE ARKANSAS DEPARTMENT OF
PARKS AND TOURISM FOR THE DEVELOPMENT OF PLAYGROUND
FACILITIES IN BOYLE PARK.
(8) Resolution No. 10,049, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH SEAARK MARINE, INC. FOR
PRELIMINARY DESIGN AND OPERATIONAL ANALYSIS OF THE
PROPOSED LITTLE ROCK LANDING.
(9) Resolution No. 10,050, entitled:
A RESOLUTION AUTHORIZING THE SALE OF THE
INDUSTRIAL PROPERTY AT 4200 HOERNER ROAD TO THE FORMER
TENANT, MERICO, INC., PURSUANT TO THE TERMS OF A LEASE
ENTERED INTO IN DECEMBER, 1970, PURSUANT TO AN ACT 9 BOND
ISSUE; AND FOR OTHER PURPOSES.
(10) Resolution No. 10,051, with the title being:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO ABANDON A PORTION OF THE OLD TAYLOR LOOP ROAD
RIGHT -OF -WAY. (September 2,1997.)
Upon a motion by Director Adcock, which was seconded by Director Keck and
unanimously adopted, the Consent Agenda was dispensed with as follows: (1) The
Minutes of the Board of Directors regular meeting held November 7, 1996, were
approved as written and distributed to the Board of Directors; (2) the City of Little Rock
Comprehensive Annual Financial Report ended December 31, 1996, was received and
filed; (3) the Oakland- Fraternal Cemetery Audit Report ended December 31, 1996, was
received and filed; (4 and 5) the motions to set the date of hearing for September 2, 1997
on the appeal of the Planning Commission's denial to rezone 209 -211 North Summit
Street and 8209 Baseline Road were unanimously adopted; and (6, 7, 8, 9, and 10)
Resolutions No. 10,047, 10,048, 10,049, 10,050 and 10,051 were read and unanimously
adopted.
At the request of Director Wilson and upon a motion by Director Cazort, which
was seconded by Director Keck and unanimously adopted, Items 24 and 25 (CDBG Fair
Housing Program and housing counseling services) were to be considered when
speakers for Item 25 arrived. Mr. Tim Polk, Director of Housing and Neighborhood
Programs, was directed to call those that were to speak on Item 25. Speakers for Item 24
(ACORN) were already present.
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Consideration was then given to Item 11 on the Agenda, which was Resolution
No. 10,052, entitled:
A RESOLUTION RESCINDING THE LITTLE ROCK PLANNING
COMMISSION'S ACTION IN APPROVING A SPECIAL USE PERMIT FOR A
DAY CARE FAMILY HOME (MAXIMUM OF 10 CHILDREN) LOCATED AT
2812 LENNOX DRIVE (Z- 6295). (Montgomery Special Use Permit.)
(The public hearing on the appeal of the Planning Commissions approval of a Special
Use Permit for a day care family home located at 2812 Lennox Drive in Kensington
Place Subdivision was held on August 5, 1997; however, the Resolution was deferred
until August 19, 1997. The appeal was filed by Mr. Larry Bledsoe, President of
Kensington Place Board of Directors. See Minutes of August 5, 1997.) At the request of
Director Adcock, Mr. Jim Lawson, Director of Planning and Development, made a brief
presentation. Staff has met with the Arkansas Department of Human Services (DHS) and
contacted about 15 -20 other cities. DHS does very little review of those that keep only
five or six children. They do have regulations for daycares for up to 16 children. Other
cities' regulations are quite diverse. Staff recommendations are: (1) make sure that people
who operate family daycares are property trained (the State does have workshops); and
(2) make fire and code inspections to be sure there are no hazards. Mr. Lawson said the
main issue is are we going to have family daycares in our subdivisions and should they be
spaced in an area. The other issue is should we have any kind of home businesses at all.
The State DHS feels there is a need for family daycare facilities in the communities. Mr.
Larry Bledsoe, President of the Kensington Place Board of Directors, stated the people
of Kensington Place want to protect their neighborhood and keep it residential. The Bill
of Assurance for Kensington Place forbids businesses. They are trying to limit any type
of business that would infringe upon the residential character of their neighborhood. He
concluded by asking the Board of Directors to recognize the Bill of Assurance and protect
the Kensington Place neighborhood. Mr. Alim A. Qaasim, a member of the Kensington
Place Board of Directors, also spoke in opposition to the daycare facility and asked the
Board to honor the Bill of Assurance by denying the special use permit for the daycare
facility. (Director Wilson was excused at 7:00 o'clock P.M.) In responding to
questions by Director Adcock, Mr. Lawson stated if the Resolution is adopted and the
Special Use Permit is denied, the operator, Mrs. Earnestine Montgomery, would only be
allowed to keep five children, whereas she now keeps ten children. There was a motion
by Director Adcock, seconded by Director Hinton, to hold the two issues (Special Use
Permits for 2812 Lennox Drive and 2920 Romine Road) until the broader issue of
regulations for family daycare facilities and home businesses in residential areas
comes to the Board. The motion failed by the following roll call vote: Ayes - Directors
Joyce, Adcock, Hinton and Keck - total 4; Noes - Directors Wyrick, Kumpuris, Kelly,
Hodges, Cazort, and Mayor Dailey - total 6; Absent - Director Wilson - total 1. Mrs.
Earnestine Montgomery, operator of the daycare facility at 2812 Lennox Drive, stated
she would like to have the opportunity to continue until she can make other arrangements.
(Director Wilson re- enrolled at 7:05 o'clock P.M.) Following the reading of the
Resolution, a roll call vote was taken on its adoption as follows: Ayes - Directors Joyce,
Wyrick, Kumpuris, Adcock, Hodges, Cazort, and Mayor Dailey - total 7; Noes -
Directors Kelly, Wilson, Hinton, and Keck - total 4. Whereupon, the Resolution was
adopted. (See motion following Resolution No. 10, 053 below.)
Item 12 was a related issue, being Resolution No. 10,053, described as:
A RESOLUTION RESCINDING THE LITTLE ROCK PLANNING
-- COMMISSION'S ACTION IN APPROVING A SPECIAL USE PERMIT FOR A
DAY CARE FAMILY HOME (MAXIMUM OF 10 CHILDREN) LOCATED AT
2920 ROMINE ROAD (Z- 6301). (Stanfield Special Use Permit)
(The public hearing on the appeal of the Planning Commission's approval of a Special
Use Permit for a day care family home located at 2920 Romine Road in Kensington
Place Subdivision was held on August 5, 1997; however, the Resolution was deferred
until August 19, 1997. The appeal was filed by Mr. Larry Bledsoe, President of
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Kensington Place Board of Directors. See Minutes of August 5, 1997) (See discussion
related to Resolution No. 10,052 above.) Rev. Russell Stanfield, whose wife operates
the daycare facility, stated he never received a copy of the Bill of Assurance or the
amended Bylaws while he was an at -large member of the Kensington Place Board of
Directors. He said he and his wife met with the Home Owners Association to try to
resolve the issue and gave a definition of a home daycare provider, but that definition was
never passed on to the residents that voted against the daycare facility. (See Minutes of
August S, 1997.) They have met the requirements of the State and the City; they even
erected a six foot high privacy fence. Mr. Bill Hardin spoke in support of the Stanfield
daycare facility. Mr. Alim A. Qaasim asked the Board to deny the Special Use Permit.
Director Cazort stated the Board of Directors can't protect neighborhoods by enforcing
Bills of Assurance. The question the Board has to decide is whether or not the request
complies with our zoning code and permitted uses in that area. Following the reading of
the Resolution, a roll call vote was taken on its adoption as follows: Ayes - Directors
Joyce, Wyrick, Kumpuris, Adcock, Hodges, Cazort, and Mayor Dailey - total 7; Noes -
Directors Kelly, Wilson, Hinton, and Keck - total 4. Whereupon, the Resolution was
adopted. (See motion below)
Director Keck moved to direct the City Manager to withhold enforcement for
six (6) months on Resolutions No. 10,052 and 10,053 due to the unique
circumstances. The motion was seconded by Director Kelly and unanimously adopted.
Introduced next was Ordinance 17,554, 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 -6308 - To rezone property at 6215 Fourche Dam Pike /6214 East Roosevelt Road
from "R -2" Single Family District to "C -3" General Commercial District.)
and the Ordinance was read the second time, having been read the first time on August 5,
1997. There was a motion by Director Adcock to suspend the rules and place the
Ordinance on third and final reading. The motion was seconded by Director Joyce and
unanimously adopted by the Board Members present, being eleven in number and two -
thirds or more of the members of the Board of Directors, and the Ordinance was read the
third and last time. A roll call vote was taken on passage of the Ordinance as follows:
Ayes - Directors Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges,
Cazort, Keck, and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the
Ordinance was declared PASSED.
Consideration was then given to Item 24 which was listed on the Agenda as: "A
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH ARKANSAS ACORN FAIR HOUSING ORGANIZATION
FOR THE CDBG FAIR HOUSING PROGRAM." (Note: Director Kelly stated that
he is employed by Arkansas Advocates for Children and Families, which has a joint
contract with the Center for Community Change to work on welfare reform and as a part
of that contract he works with ACORN; however, City Attorney Tom Carpenter has said
there would be no conflict of interest by Director Kelly participating in the discussion
regarding Arkansas ACORN Fair Housing Organization.) Director Gloria Wilson read a
lengthy and emotional prepared statement, explaining why she proposed the Resolution
and urging the Board to vote yes on adoption of the Resolution because Arkansas
ACORN Fair Housing has been approved in three different processes. City Attorney
Tom Carpenter explained that there are some problems with the Resolution that need to
be addressed by the Board, stating "what we have is an RFQ (Request for Qualifications)
without the Board of Directors declaring that type of service as a professional service."
The City cannot issue an RFQ unless the Board has declared that particular service to be a
professional service, which is a process set out by statute that takes two regular Board
Meetings. Since the bids have been rejected, we have gone through the process of
declaring housing counseling to be a professional service. The problem with this
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August 19, 1997
811
Resolution is that it is attempting to award a contract upon a process that was flawed in
its inception. We got from HUD conclusive evidence that we can bid according to our
procedures, but we have to bid according to our procedures, and since we used a process
that was not permitted under our statutes then we have to go through the process again.
This Resolution is asking the Board to do something which the City Attorney feels the
Board does not have the authority to do. If the Board wishes to look at Director Wilson's
suggestion that we refer to the matching money element of this (and he was not prepared
to discuss the accuracy of that), then the Board needs to adopt an Ordinance waiving
competitive bidding and going forward. He reiterated that the Board does not need to be
awarding a bid on the basis of a bid process that was flawed in its inception. The State
Legislature has given clear authority to delineate housing counseling as a professional
service, but it also gave a very strict process to follow. City Manager Charles Nickerson
responded to questions by Director Kelly and stated that the staff recommendation is to
take this back through the bidding process for professional services since housing
counseling has been declared a professional service. Mayor Dailey felt this is a "do right
rule" situation and the Board should work it out so that ACORN would still have the
contract. Director Wilson emphasized that the correct name is Arkansas ACORN Fair
Housing Organization, not ACORN. Director Hodges asked where the $400,000
matching funds came from that was available last year. Ms. Maggie Dyer, Director of
Arkansas ACORN Fair Housing, stated the funds were coming partially from a federal
grant, some private institutions as well as from some litigation, and part of that amount is
still available. Director Hodges urged the Board to make sure it followed the City
Attorney's legal advice, and then asked if the Board could legally pass an Ordinance
tonight waiving the bidding process and awarding the contract to ACORN Fair Housing.
Mr. Carpenter then drafted an Ordinance to replace the proposed Resolution and
read it to the Board= Ms. Dyer stated ACORN Fair Housing could provide matching
funds of at least $250,000. Director Adcock expressed her objections, stating the Board
is selling this contract. She said there are five other credit counseling companies present,
and it is unfair to them to give the contract to ACORN Fair Housing because it can pay a
large amount. She felt there would be no accountability, no quick turn- around, and no
names going into the clearing house for the Land Bank Authority, if the contract was
given to ACORN Fair Housing. Following the lengthy discussion, Director Hodges
moved to replace the Resolution with the Ordinance as drafted by City Attorney
Tom Carpenter. Director Wilson seconded the motion, which was adopted by a voice
vote of nine ayes and two noes (Directors Adcock and Joyce). Ordinance No. 17,555 was
then presented with the title being:
AN ORDINANCE DISPENSING WITH COMPETITIVE BIDDING;
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH ARKANSAS ACORN FAIR HOUSING ORGANIZATION FOR THE
CDBG FAIR HOUSING PROGRAM; AND FOR OTHER PURPOSES; (Not to
exceed $50,500)
and City Clerk Robbie Hancock read the Ordinance the first time. Ms. Elissa Gross,
Director of Education with Family Service Agencies Consumer Credit Counseling
Service, one of the original bidders, said they were notified in writing from the City
Manager's Office that the contract would be rebid as an ongoing process. She said it was
important to recognize that the way the process is set up it pits one organization against
another rather than encouraging collaboration. She encouraged the Board to base future
funding on certain performance criteria that are demonstrated throughout a certain period
of time so that you are assured of quality services and funding awarded in an equitable
manner to get the greatest return for your dollars. Mr. Al Armstrong, a member of the
Wright Avenue Neighborhood Association and chairperson for that area's CDBG
committee, spoke in total support of the recommendation made by Director Wilson. Mr.
Virgil Miller, Senior Vice President of NationsBank Community Investment Group, said
NationsBank believes in credit counseling, and had written a letter supporting Arkansas
ACORN Fair Housing Organization's application for the contract. Mr. Jim Lynch said
the discussion has gone on for two years, which is much too long. The real goal is better
housing for all of the citizens of Little Rock. He referred to the five major
recommendations in the Little Rock School Board Student Assignment Report dated
5
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August 19, 1997, in which Recommendation No. 4 stated: "The City of Little Rock
should affirmatively promote affordable housing in all areas of the City while enforcing
existing fair housing laws and promoting redevelopment of its inner city to encourage
economically and racially integrated housing patterns for everyone." Ms. Gerry Nash,
Executive Director of In Affordable Housing, said she was opposed to the way this matter
has been handled. The RFQ was sent out and organizations spent a lot of money
preparing proposals. Matching funds was not a part of the RFQ. If there is a procedure
that must be followed with CDBG funds, then it should be followed, but they did respond
to the RFQ and she thought they should have a chance at these funds. In reference to a
question by Director Wilson to Maggie Dyer: "How much money did we spend in
putting together proposals ", City Attorney Tom Carpenter expressed concern and asked
her to clarify if she had any interest in this contract, because if she had an interest, the
Code of Ethics would not permit her to act or talk about it. Director Wilson said neither
she nor her children would get any financial interest from this contract and she does not
associate herself with Arkansas ACORN Fair Housing Organization, but she is an
ACORN member. There was a motion by Director Kumpuris to amend the Ordinance to
add Section 2 as follows: "Notwithstanding Section 1 above, any contract entered
pursuant to this Ordinance shall require that any names obtained through the housing
counseling process shall be shared with the City including, but not limited to, the City
Land Bank Authority. " The motion was seconded by Director Hodges and unanimously
adopted. Mr. Jerry Hulsey, co -chair of the Land Bank Task Force, said the Task Force
felt it would be better to have three really good companies who would do a really good
job and wanted to have a better source of people out there. Mr. Harold Hanson,
President of Home Ownership Partners of Arkansas, said their goal was to put people in
houses, and they want to work from a level playing field. Ms. Genevieve Stewart
thanked the Board for being sensitive, attentive and compassionate, and for doing what is
fair and what is right. Director Cazort then moved to suspend the rules and place the
Ordinance on second reading. The motion was seconded by Director Keck. At the
request of Director Adcock, Mr. Carpenter read Director Kumpuris' amendment again.
Ms. Dyer responded that Arkansas ACORN Fair Housing Organization would be happy
to provide the names of the people that have gone through housing counseling. Director
Adcock questioned whether that would be the names of all those going through housing
counseling or just those that have been approved. Mr. Tim Polk, Director of Housing &
Neighborhood Programs, said they would need the names of those that have been
approved and completed the counseling and been able to buy a house. Ms. Dyer agreed
to do that. The motion to suspend the rules was adopted by a voice vote of 10 ayes and 1
no (Director Adcock), being two- thirds or more of the members of the Board of
Directors, and the Ordinance, as amended, was read the second time. Director Keck
moved to again suspend the rules and place the Ordinance on third and final reading. The
motion was seconded by Director Cazort, and adopted by a voice vote of 10 ayes and 1
no (Director Adcock), being two- thirds or more of the members of the Board of
Directors, and the Ordinance, as amended, was read the third and last time. Director
Adcock expressed concern as to how the monies would be separated and the time frame
because the Land Bank is ready to begin and needs the names now. A roll call vote was
taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes
- Directors Joyce, Wyrick, Kumpuris, Kelly, Wilson, Hinton, Hodges, Cazort, Keck and
Mayor Dailey - total 10; Noes - Director Adcock - total 1. Whereupon, the Ordinance, as
amended, was declared PASSED.
Due to the passage of Ordinance No. 17,555, no action was taken on Item 25
which was Director Adcock's proposed Resolution entitled: "A RESOLUTION TO
DIRECT THAT CERTAIN CDBG MONIES RECEIVED FOR HOUSING
COUNSELING PROGRAMS BE AWARDED TO TWO OR THREE QUALIFIED
FIRMS; AND FOR OTHER PURPOSES."
At 8:40 o'clock P.M. Mayor Dailey declared a ten minute recess. The Board of
Directors reconvened at 8:55 o'clock P.M. with Mayor Dailey presiding and all Directors
present.
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613
Item 14 was the next presentation, being a proposed Ordinance entitled:
AN ORDINANCE APPROVING MODIFICATION OF A PLANNED
ZONING DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF AN
AMENDED LONG -FORM PLANNED OFFICE DEVELOPMENT TITLED
SEVEN ACRES BUSINESS PARK AMENDED SHORT -FORM POD, LOCATED
AT NO. 5 SEVEN ACRES DRIVE IN THE CITY OF LITTLE ROCK;
AMENDING ORDINANCE NO. 17,118, AND CHAPTER 36, SECTION 36 -176 OF
THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS;
AND FOR OTHER PURPOSES. (To provide for placement of Alltel cellular tower on
Lot 4)
(Directors Wilson and Wyrick recused due to a conflict of interest. Director Wyrick
is employed for Southwestern Bell and Director Wilson's husband works for
Southwestern Bell. They were excused at 8:56 o'clock P.M. Mayor Dailey's son
works for Alltel but he will receive no financial benefit from this action.)
The Ordinance was read the second time, having been read the first time on August 5,
1997. Mr. Jim Lawson, Director of Planning and Development, explained that under law,
Alltel has the right to have service in this area, but there is a gap because it is a low area.
They have a small tower on their building at the corner of Rodney Parham and Hwy. 10,
and another one on Shinnall Mountain. Mr. Lawson said he had not received good
direction from the Board of Directors and the community as to how to deal with these
sites. It was his understanding that the City Board has the right to refuse the tower if it is
not in the right location but can't say we do not want any towers up and down Highway
10 at all. The issue would be what will the tower look like and how tall is it. City
Attorney Tom Carpenter said the City cannot ban telecommunications towers, but can
impose some reasonable conditions. Mayor Dailey said the Board needs to develop some
sort of rules and understandings that are fair and equitable. Mr. Jacob Metzger,
applicant, explained that the project is located at #5 Seven Acres Drive approximately
200 yards south of Highway 10. The plan is to construct a 150 foot monopole with a 12'
x 28' equipment shelter behind the Golden Collision Auto Repair Center. There is no
mandatory provision at this point that co- location be built into these towers. Alltel will
voluntarily construct this tower for two additional wireless communications carriers. Ms.
Alissa Coffield of Alltel distributed computer generated pictures of the area showing the
proposed 150 foot monopole. Mr. Clark Johnson, Alltel engineer, responded to
questions by Director Cazort, explaining the tunnel effect. Director Hodges said he
would like to see the Board develop a policy on how the City will handle these towers
and time is crucial. Director Adcock encouraged Alltel to look at the pine tree
application for the tower. Ms. Coffield said that because of the height, a 150 foot pine
tree application would stick out so much more that the monopole. In response to Director
Adcock's question about painting the pole, Ms. Coffield said they had found that after a
couple of years the paint begins to peel and the pole looks much worse than the
galvanized pole. Mr. Tom Holmes, #6 Thomas Park Circle, spoke in opposition to the
tower. He said his main objection was to the continued degradation of this property.
This will be an eyesore for the neighborhood. Mr. Holmes also presented petitions from
those opposing the Alltel tower and requesting that the Board deny the application. Mrs.
Ruth Bell, representing the League of Women Voters, expressed concern with the visual
intrusion of this tower, and urged the Board to urge Alltel to look again at the camouflage
possibilities. Mr. Mike Stafford, network manager for Alltel, who is responsible for
customer complaints, said this is in his top five areas for servicing due to customer
complaints. Director Adcock referred to the letter from Mr. Gene Pfeifer who is out of
the country on vacation and requested that the Ordinance be read at three regular
meetings. Therefore, the Ordinance was left on the calendar for third and final
reading on September 2, 1997. (Director Hodges asked City Attorney Tom Carpenter
to put in writing what the legal position of the Board is on this issue.)
(Directors Wilson and Wyrick re- enrolled at 10:00 o'clock P.M.)
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Minutes
August 19, 1997
Consideration was then given to Ordinance No. 17,556, described as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT
AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED
DAIRYLAND PCD LONG FORM (Z- 6318), 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. (Located at the
southeast corner of Kirk Road at Chenal Parkway.)
Mr. Jim Lawson, Director of Planning and Development, made a staff presentation,
explaining the issue of the Dairyland PCD, and the related amendment to the Ellis
Mountain District Land Use Plan and the Master Street Plan. Mr. Lawson said the
applicant first asked for a change from Mixed Office Warehouse to Commercial, which
was denied by the Planning Commission by a vote of 5 ayes, 3 noes, and 3 absent. Since
it did not receive six votes, it was considered a denial, and referred to the Board of
Directors. Staff recommends approval of Mixed Office and Commercial type of
development. The applicant has changed his request from Commercial to Mixed Office
Commercial. Mr. Joe Whisenhunt, developer of the proposed Dairyland Shopping
Center, stated that Phase I would be the Kroger Store, Phase II would be one or two other
large tenants, and Phase III would be the balance of the center (banks, restaurants, etc.).
He said he had worked with Public Works and Planning to arrive at street curb cuts and
traffic patterns to try to get people off the main streets into the destination shopping
center as quickly as possible. Mr. Robert Brown, engineer for the development,
responded to questions by Board Members. Director Joyce said she had received a lot of
calls from people wanting the Kroger Store at this location. Mrs. Ruth Bell, representing
the League of Women Voters of Pulaski County, said this is a long -range planning issue
and it is really important that the City have stuff in place before approving a large scale
project like this. She urged the Board to wait until the Kanis Road Task Force has
completed its study and made its recommendations. Mr. Brown stated this portion of
Kanis Road was not part of the Kanis Road Study. The Ordinance was then read the first
time. There was a motion by Director Adcock, seconded by Director Keck, to suspend
the rules and place the Ordinance on second reading. The motion was adopted by a voice
vote of nine ayes and two noes (Hodges and Kumpuris), being two- thirds or more of the
members of the Board of Directors, and the second reading of the Ordinance ensued.
There was a subsequent motion and second by Directors Adcock and Keck, respectively,
to again suspend the rules and place the Ordinance on third and final reading. The
motion was adopted by a voice vote of eight ayes and three noes (Wilson, Hodges,
Kumpuris), being two- thirds or more of the members of the Board of Directors, and the
Ordinance was read the third and last time. A roll call vote was taken on passage of the
Ordinance as follows: Ayes - Directors Joyce, Wyrick, Adcock, Cazort, Keck, and
Mayor Dailey - total 6; Noes - Directors Wilson, Hinton, Hodges, Kumpuris, and Kelly -
total 5; Absent - None. Therefore, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,557, entitled:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN
THE ELLIS MOUNTAIN DISTRICT FROM MIXED OFFICE WAREHOUSE TO
MIXED OFFICE COMMERCIAL, AND FOR OTHER MATTERS.
(See above discussion related to Ordinance No. 17,556.) (The Ordinance was read the
first time on August S, 1997, as amending the Ellis Mountain Plan from Mixed Office
Warehouse to Commercial - see discussion related to Ordinance No. 17,556 above) The
Ordinance was amended from Commercial to Mixed Office Commercial upon a motion
and second by Directors Keck and Cazort, respectively, which was unanimously adopted.
The Ordinance, as amended, was then read the second time, having been read the first
time on August 5, 1997. There was a motion by Director Adcock, seconded by Director
Keck, to suspend the rules and place the Ordinance on third and final reading. The
motion was adopted by a voice vote of eight ayes and three noes (Wilson, Hodges,
Kumpuris), being two- thirds or more of the members of the Board of Directors, and the
Ordinance was read the third and last time. A roll call vote was taken on passage of the
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Ordinance as follows: Ayes - Directors Joyce, Wyrick, Adcock, Cazort, Keck, and
Mayor Dailey - total 6; Noes - Directors Wilson, Hinton, Hodges, Kumpuris, and Kelly -
total 5; Absent - None. Therefore, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,558, with the title being:
AN ORDINANCE TO AMEND THE MASTER STREET PLAN (15,519)
MODIFYING THE LOCATION OF SEVERAL COLLECTORS IN THE KIRK
ROAD AREA, AND FOR OTHER PURPOSES.
(See discussion above related to Ordinance No. 17,556.) The Ordinance was then read
the second time, having been read the first time on August 5, 1997. There was a motion
by Director Adcock, seconded by Director Keck, to suspend the rules and place the
Ordinance on third and final reading. The motion was adopted by a voice vote of eight
ayes and three noes (Wilson, Hodges, Kumpuris), being two- thirds or more of the
members of the Board of Directors, and the Ordinance was read the third and last time. A
roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Joyce,
Wyrick, Adcock, Cazort, Keck, and Mayor Dailey - total 6; Noes - Directors Wilson,
Hinton, Hodges, Kumpuris, and Kelly - total 5; Absent - None. Therefore, the Ordinance
was declared PASSED.
Introduced next was Ordinance No. 17,559, entitled:
AN ORDINANCE RECLASSIFYING PARTS OF PLOTS J, K, AND L,
WOODLAND HEIGHTS SUBDIVISION, LITTLE ROCK, ARKANSAS TO 0-3
WITH CONDITIONS, AMENDING CHAPTER 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR
OTHER PURPOSES;
(Z -6106 - To rezone 7.41 acres, more or less, on Woodland Heights Road
approximately 330 ft. south of Summit Road from "R -2" Single Family District to
"0-3" General Office District, with conditions.)
(NOTE: On July 17, 1996, the Board of Directors denied a request to rezone this
property to "0-3" without conditions. The landowners appealed the case to Pulaski
County Chancery Court where they received approval of the Court to come back before
the Board for the purpose of consideration of their request to rezone with conditions
agreed to by the objectors at the first hearing in 1996.) Mr. Jim Lawson, Director of
Planning and Development, explained that this was a very controversial issue. That
particular applicant, Mr. David Henry, would not agree to the certain restrictions that staff
requested which were agreeable to Christ the King Church and other opponents, and filed
suit in Pulaski County Chancery Court. Mr. John McKay now has control of the land and
has agreed to the conditions that the prior applicant would not accept. In response to a
question by Director Adcock, City Attorney Tom Carpenter stated if the Board passes
this Ordinance, the lawsuit filed by Mr. Henry would be moot. Mr. John McKay of
McKay Realtors, stated he was representing First National Mortgage Corp who has
acquired by assignment the interests of the options that control the property to be
rezoned. Mr. McKay distributed copies of letters from residents within 200 feet of the
property, stating they had been notified of the proposed rezoning and had no objections.
He also said he had a letter from Mr. David Henry who represented the original applicant,
stating that a favorable action of the Board would resolve the issue. Baucum and
Jennifer Fulk, 11604 Summit Road, spoke in opposition, stating they have a house that
has been in the family some 50 years in this unique country area. Their main objection
was that the houses across the street will be able to rezone to office. Mr. Fulk also asked
that where possible the hours of operation of the businesses be restricted and to include
noise abatement restrictions. Mr. McKay stated that most of the businesses operate 8:00
A.M. to 5:00 P.M. Monday through Friday. Following the first reading of the Ordinance,
Director Joyce moved to suspend the rules and place the Ordinance on second reading.
The motion was seconded by Director Adcock and unanimously adopted by the Board
Members present, being eleven in number and two- thirds or more of the members of the
Board of Directors, and the second reading of the Ordinance ensued. There was a
I