06-01-99462
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
June 1, 1999 - 6:00 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, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, and Adcock - total 8; Absent - Directors Pugh and Kelly - total 2.
With a quorum present, Mayor Dailey declared the Board of Directors in session
and the proceedings of the meeting are recorded as follows.
The Invocation was given by Director Keck, followed by the Pledge of
Allegiance.
Director Hinton read a proclamation which proclaimed the week of June 5 -12,
1999, as Homeownership Week in the City of Little Rock, Arkansas. He then presented
the proclamation to Susan Finister and Linda Hardway, representatives of the U.S.
Department of Housing and Urban Development (HUD).
The International Sister Cities Conference Update was deferred until June 15,
1999.
Mayor Dailey asked that Item 9 on the Consent Agenda be deferred until June 15,
1999. Therefore, the Resolution titled: "A RESOLUTION ADOPTING MONS,
BELGIUM AS A SISTER CITIES TO LITTLE ROCK, ARKANSAS, AND FOR
OTHER PURPOSES" was deferred until June 15, 1999. Mayor Dailey also
announced that the International Sister Cities Conference will be held here in Little
Rock on July 21 -24, 1999, at the Statehouse Convention Center.
Mayor Dailey stated that any items added to the Agenda by a Board Member
or Staff after the Agenda Meeting will be listed separately and the Board of
Directors will vote on whether to place them on the Agenda. He also stated that
following the Agenda Meeting on June 8, 1999, the Board will have a work session to
discuss Board policies for conducting its meeting. City Manager Cy Carney distributed
copies of the 1995 Board Policy. Director Lichty moved to defer until June 8, 1999, his
two proposed Resolutions listed on the Agenda Modifications. Director Stewart
seconded the motion. Director Keck asked City Attorney Tom Carpenter if the Board of
Directors can take action on Item 2 which instructs that a person be appointed to meet
with a newly appointed representative of M. S. Green Corp. to negotiate in good faith an
agreement between M. S. Green Corp. and the City regarding concessions /catering rights
at the new Statehouse Convention Center. Mr. Carpenter said yes, technically, the Board
could do that legally insofar as it impacts the new construction. The motion was adopted
by a voice vote of 8 ayes and 1 no (Director Adcock). Director Adcock then moved to
table Item 2 until September 15, 1999, and Director Kumpuris seconded the motion.
The motion was adopted by the following roll call vote: Ayes — Directors Keck, Stewart,
Wyrick, Kumpuris, Adcock, Hinton, and Cazort — total 7; Noes — Director Lichty and
Mayor Dailey — total 2; Absent — Directors Pugh and Kelly — total 2. Therefore, the
following items were not added to the Agenda:
(M -1) A RESOLUTION TO ADDRESS THE FINANCIAL NEEDS OF
THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER
PURPOSES. (Deferred until June 8, 1999.)
(M -2) A RESOLUTION TO ADDRESS THE EXISTING IMPASSE IN
NEGOTIATIONS BETWEEN THE CITY OF LITTLE ROCK,
INCLUDING THE ADVERTISING AND PROMOTION COMMISSION,
AND M. S. GREEN CORP., OWNERS OF THE EXCELSIOR HOTEL;
AND FOR OTHER PURPOSES. (Tabled until September 1 S, 1999.)
Mayor Dailey noted that Item 26 on the Agenda had been deferred until June
15, 1999, as noted on the Agenda Modifications. Therefore, no action was taken on the
proposed Resolution entitled: "A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT FOR THIRD PARTY
ADMINISTRATION SERVICES FOR THE WORKER'S COMPENSATION
PROGRAM WITH CLAIMS MANAGEMENT SERVICE FOR A ONE YEAR
PERIOD EFFECTIVE JULY 1, 1999."
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Consideration was then given to the Consent Agenda which consisted of the
following:
(1) A motion to set the date of hearing for June 15, 1999, on the appeal of
the Planning Commission's denial of a Land Use Plan Amendment for Geyer Springs
West Planning District from Single Family to Service Trades District. (LU99 -15 -01 —
9620 Baseline Road.) (Appeal filed by Morris and Donna Moore.)
(2) A motion to set the date of hearing for June 15, 1999, on the appeal of
the Planning Commission's denial of a Conditional Use Permit for the day care center at
2100 Vancouver Drive. (Z- 6312 -A.) (Appeal filed by Harold and Brenda Brown —
Tender Care Family Daycare Home)
(3) Resolution No. 10,559, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH TOWNSHIP BUILDERS, INC. FOR
HINKSON ROAD STREET IMPROVEMENTS, FROM GEYER SPRINGS ROAD
TO EAST OF OMAN ROAD. (Not to exceed $242, 954)
(4) Resolution No. 10,560, described:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH TOWNSHIP BUILDERS, INC. FOR
STREET IMPROVEMENTS ON OHIO STREET FROM MISSISSIPPI TO
WATT STREETS. (Not to exceed $164,806.)
(5) Resolution No. 10,561, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH TOWNSHIP BUILDERS, INC. FOR
EVERGREEN PHASE II STREET IMPROVEMENTS FROM HUGHES TO
FLORIDA STREETS. (Not to exceed $400, 000.)
(6) Resolution No. 10,562, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE DEEDS DEDICATING A PORTION OF A CITY
OWNED LOT AT 36TH AND ROMINE STREETS FOR PUBLIC RIGHT -OF-
WAY.
(7) Resolution No. 10,563, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO CONTRACT NEGOTIATIONS WITH RESOURCE -LINK, A
DIVISION OF COUNSELING ASSOCIATES, INC., TO PROVIDE PATIENT
OUTCOME AND QUALITY ASSESSMENT EVALUATION SERVICES.
(8) Resolution No. 10,564, with the title being:
A RESOLUTION TO APPROVE AMENDMENTS TO THE
BYLAWS OF THE LITTLE ROCK EDUCATION COMMISSION TO REFLECT
CHANGES TO LITTLE ROCK ORDINANCE NO. 16,730 (AUGUST 16, 1994)
APPROVED BY THE BOARD OF DIRECTORS IN ORDINANCE NO. 17,983
(APRIL 20, 1999) TO PROVIDE FOR THREE ADDITIONAL AT -LARGE
COMMISSION POSITIONS IN THE PLACE OF THE HIGHER EDUCATION
POSITION, THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
POSITION, AND THE PARENTS OF CITY STUDENTS POSITION.
Upon a motion and second by Directors Adcock and Cazort, respectively, the Consent
Agenda was adopted by unanimous voice vote of the Board Members present.
At the time allotted for Citizen Communications, the first speaker was Mr. Dana
Deree, #5 Gregory Lane, president of the Briarwood Neighborhood Association, who
distributed copies of a survey regarding CATA buses on Briarwood. The residents want
the buses rerouted off Briarwood Drive because they are tearing up the street. Mr. Deree
asked the Board of Directors to exert pressure on Central Arkansas Transit Authority to
reroute the buses. Mayor Dailey asked City Manager Cy Carney to forward this
information to Mr. Keith Jones, Executive Director of CATA.
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June 1, 1999
The next speaker during Citizen Communications was Mr. Ralph Demarais,
representing Citizens for Accountable Growth and the Sierra Club. He said there was
some misrepresentation at the last Board meeting regarding Director Kelly's phased
annexation proposal. He also said that last Thursday, the Little Rock Planning
Commission resolved to oppose Director Kelly's proposed phased annexation policy. He
concluded by asking can we afford to let land developers continue to tell Little Rock what
to do rather than let Little Rock citizens thoughtfully plan their own future.
Mr. Don Darnell, 700 E. Wakefield Drive, was the next speaker during Citizen
Communications. Mr. Darnell said he had lost trust in members of the Board of
Directors who voted last year to spend money belonging to "we, the people" for land for
the Clinton Presidential Library without asking "we, the people" for our approval by
means of a public election.
Also speaking during Citizen Communications was Ms. Ginger McEntire, a
member of Little Rock New Party. She encouraged the Board to support Director Kelly's
phased annexation policy.
Consideration was then given to Ordinance No. 18,020, entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND
FOR OTHER PURPOSES;
(Z -6646 — To rezone 1710 East 16 'h Street (Lot 45, Garden Homes Addition) from
"R -3" Single Family District to 11I -2" Light Industrial District.)
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being nine in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes —
Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Adcock, and Mayor
Dailey — total 9; Noes — None; Absent — Directors Pugh and Kelly — total 2. Therefore,
the Ordinance was declared PASSED.
The next presentation was Ordinance No. 18,021, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND
FOR OTHER PURPOSES;
(Z -6649 — To rezone 4323 West 29`h Street from 11I -2" Light Industrial District to
11C -3" General Commercial District.)
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being nine in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes —
Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Adcock, and Mayor
Dailey — total 9; Noes — None; Absent — Directors Pugh and Kelly — total 2. Therefore,
the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 18,022, with the title being:
AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF MASTER STREET PLAN RIGHT -OF -WAY
REQUIREMENTS FOR LOT 19, ENSOR'S SUBDIVISION, LOCATED AT 4323
WEST 29TH STREET;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being nine in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes —
Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Adcock, and Mayor
Dailey — total 9; Noes — None; Absent — Directors Pugh and Kelly — total 2. Therefore,
the Ordinance was declared PASSED.
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June 1, 1999
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The next presentation was Ordinance No. 18,023, entitled:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
CENTRAL CITY PLANNING DISTRICT FROM MINING TO SINGLE
FAMILY, INDUSTRIAL AND PARK/OPEN SPACE; AND FOR OTHER
PURPOSES;
(LU99 -08 -08 — Area bounded by Arch Street, I -30 and the northern edge of the
CRI &P Railroad.)
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being nine in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes —
Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Adcock, and Mayor
Dailey — total 9; Noes — None; Absent — Directors Pugh and Kelly — total 2. Therefore,
the Ordinance was declared PASSED.
Introduced next was Ordinance No. 18,024, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE
CITY OF LITTLE ROCK, ARKANSAS AMENDING CHAPTER 36 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS: AND
FOR OTHER PURPOSES;
(Z -6650; Z -6651; Z -6652; Z -6653; Z- 2365 -A; Z- 2437 -A; Z- 2767 -A; Z- 3142 -C; Z-
3570-A; Z- 4157 -A; Z- 5234 -A; Z- 539 -A; Z -778 -A — To rezone various properties in
the South End area (bounded by Roosevelt Road, I -30 and the CRI &P Railroad)
from 110-3" General Office, "C -3" General Commercial, "C -4" Open Display
Commercial, "I -2" Light Industrial, and 11I -3" Heavy Industrial Districts to "R -3"
Single Family; 11R -4" Two Family; 110-3" General Commercial, and "C -1"
Neighborhood Commercial Districts.)
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being nine in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes —
Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Adcock, and Mayor
Dailey — total 9; Noes — None; Absent — Directors Pugh and Kelly — total 2. Therefore,
the Ordinance was declared PASSED.
Consideration was then given to No. 18,025, with the title being:
AN ORDINANCE REPEALING ORDINANCE NO. 13,911, REVOKING A
"PD" DISTRICT TITLED SHERMAN OAKS PLANNED DEVELOPMENT,
RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK,
ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF
THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
(Z -6680 - 500 BLOCK OF EAST 3RD STREET);
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being nine in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes —
Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Adcock, and Mayor
Dailey — total 9; Noes — None; Absent — Directors Pugh and Kelly — total 2. Therefore,
the Ordinance was declared PASSED.
A public hearing had been scheduled for this time and place by Resolution No.
10,556, adopted May 18, 1999, on the petition filed by Robert Brown of Development
Consultants, Inc. on behalf of the Stephens Group, Inc., to vacate and close a portion of
Sherman Street and the alley in Block 14, Pope's Addition to the City of Little Rock.
(The Acxiom Corporation plans to build a facility on Blocks 14 and 15, Pope's
Addition.) The notice of hearing was published in the Daily Record on May 25, 1999,
and June 1, 1999. Mayor Dailey declared the public hearing open at 6:50 o'clock P.M.
Mr. Jim Lawson, Director of Planning and Development, stated that the Planning
Commission had asked staff to work with Acxiom to try to keep Sherman Street open for
pedestrian traffic. However, that is not part of the Ordinance because the final plans are
not complete and having the street open for pedestrians may not work. Mr. Robert
Brown said he has a letter from Mr. Don Shelton of Acxiom stating that basically they
may have the street open for pedestrian access at certain times through the day, but
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June 1, 1999
ultimately Acxiom Corporation needs to have the ability to secure the perimeter of the
property if and when they choose to do so. At the request of Director Kumpuris, Mr.
Brown explained the building and parking deck plan, which is a maximum of 17 floors —
7 for parking deck and 10 for office space. Mr. Shelton said it is a little early for all of
the details, but they don't want the parking deck to look like a parking deck. Director
Kumpuris urged Mr. Shelton to include in the plans to make the campus inviting to the
community. Mrs. Ruth Bell, representing the League of Women Voters of Pulaski
County, said the League feels it is important that the City be assured of having some kind
of walkway access for individuals. Mayor Dailey declared the public hearing closed at
7:10 o'clock P.M. and Ordinance No. 18,026 was presented with the title being:
AN ORDINANCE VACATING AND CLOSING A PORTION OF
SHERMAN STREET BETWEEN 3RD AND 4TH STREETS AND THE ALLEY
WITHIN BLOCK 14 IN POPE'S ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being nine in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes —
Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Adcock, and Mayor
Dailey — total 9; Noes — None; Absent — Directors Pugh and Kelly — total 2. Therefore,
the Ordinance was declared PASSED.
Item 15 on the Agenda was Ordinance No. 18,027, described as:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED DISTRICT- OFFICE TITLED ICM, INC.
SHORT -FORM PD-0 (Z -6622) LOCATED ON THE NORTH SIDE OF KANIS
ROAD, APPROXIMATELY 500 FEET WEST OF NIX ROAD 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;
and the Ordinance was read the second time, having been read the first time on May 18,
1999. In response to a question by Director Keck, Public Works Director Chandra Wallar
said staff does not have concurrence from the applicant to align the driveway with White
Road. White Road is where the median cut would be. Staff has looked at the driveway
proposed by the applicant and believes it can serve the property but does not suggest that
it should have a median cut. It would be a right - in/right -out access only. At such time in
the future that the applicant might desire to access White Road, the frontage on the
property is only 180 ft. That would not meet within our 300 ft. ordinance requirement.
So the applicant needs to decide whether or not to align with White Road where the
median cut will exist, or whether to utilize the driveway in its current proposed location
with a right - in/right -out access only. Responding to a question by Director Keck
regarding the septic tank, Mr. Jim Lawson, Director of Planning and Development, said
typically a new development will hook up with the Little Rock Wastewater Utility sewer
system. However, that is not a requirement as long as the perk test for the septic tank
meets State Health Department requirements. As to the building setback requirement of
25 ft., this will have a 50 ft. setback, which is double the required setback. The applicant
will not be able to do anything in the wooded area between the septic tank and the back of
the property without coming back to the Planning Commission. Ms. Cindy Alberding,
representing ICM, Inc., explained that ICM is a statewide, private non - profit agency that
serves individuals with disabilities. We place our workers in individuals' homes, nothing
is done at our office location. This will be a corporate office with six full time
employees. Responding to Director Keck's question about aligning the driveway with
White Road, Ms. Alberding said the site selected had an old log cabin and an old
driveway cut back through the woods and this driveway will be where the old driveway
was. A lot of small pine saplings have grown up where the old driveway was. If the
driveway is transferred to the other side of the property, there are 100 year old hardwood
trees, which they don't want to cut. ICM doesn't care about not being able to make a left
turn from the driveway, because they don't have enough people to make that an issue.
They prefer to have the trees. She said ICM does understand that any further
development will require Planning Commission approval. As a non - profit agency, the
connection to the City sanitary sewer system was cost prohibitive. However, they did
agree to hook up to the system when it is extended into that area. Mr. John Burnett, the
realtor handling the transaction, said the closest sewer that ICM can connect to is 1100-
1200 ft. to the south down White Road. To bring sewer to the property was more costly
than the property itself. The rules were then suspended to provide for the third and last
reading of the Ordinance by unanimous vote of the Board Members present, being nine in
number and two- thirds or more of the members of the Board of Directors. A roll call vote
was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows:
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June 1, 1999
Ayes — Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Adcock, and
Mayor Dailey — total 9; Noes — None; Absent — Directors Pugh and Kelly — total 2.
Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 18,028, with the title being:
AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE
SECTION 36 -203 (g) (1988) TO EXTEND THE SUNSET PROVISION AN
ADDITIONAL FIVE YEARS TO JULY 19, 2004, FOR PORTABLE SCHOOL
CLASSROOMS IN THE LITTLE ROCK SCHOOL DISTRICT;
and the Ordinance was read the first time. Mr. Victor Anderson, speaking on behalf of
_ the Little Rock School District, said it is the LRSD's intent to discontinue using portable
classrooms and this will eliminate several of them, but because the grade configuration is
being changed to a middle school and the ninth grade is being moved to high school,
some of the portable buildings will be moved from elementary sites and relocated at the
high schools. The portables will be located in areas adjacent to the rear or the side away
from visibility of neighboring lots around the schools. The rules were then suspended to
provide for the second and third readings of the Ordinance by unanimous vote of the
Board Members present, being nine in number and two- thirds or more of the members of
the Board of Directors. A roll call vote was taken on passage of the Ordinance as
follows: Ayes — Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris,
Adcock, and Mayor Dailey — total 9; Noes — None; Absent — Directors Pugh and Kelly —
total 2. Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 18,029, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF VEHICULAR ACCESS STANDARDS FOR LOT 21,
BLOCK 1, ALTHEIMER'S ADDITION, WITH ADDRESS OF 2011 N.
GARFIELD STREET;
and the Ordinance was read the first time. Public Works Director Chandra Wallar made
the staff presentation, stating this went to the Board of Adjustment for a Conditional Use
Permit. The applicant has requested to leave the alley as is and build a garage directly
adjacent to it. The Board of Adjustment recommended that there be a 4 ft. setback that
would give the City 10 ft. from the centerline to the face of the garage which is half of
our standard alley width. The property owner immediately adjacent to the roadway on
the opposite side has constructed a landscaped back yard with some retaining wall brick
which does allow 10 ft. from the centerline. This does provide access for at least two
property owners and we feel that the current 12 ft. would not provide adequate
maneuvering for the applicant to exit or enter his garage without encroaching on his
neighbor's driveway or creating a hazard. That is the reason Staff has recommended
denial. The applicant, Mr. Brian Core, 2011 N. Garfield, said he is requesting the
waiver of the right -of -way requirements in order to build a carport in the back of his
house. He said when the bought the house, the plat showed a 12 ft. alley and all the
power poles are based on the 12 ft. alley. There are 14 existing buildings and several
fences already based on the 12 ft. alley. He said access to his garage will not be an issue
because he will be entering at an angle and the adjacent owner will be entering straight,
and the buildings are in two different locations. His biggest issue is his pride in his
property and in order to build the carport 4 ft. off the property line, he will have to cut
down two of the three trees in his back yard. Therefore, he respectfully requested waiver
of the right -of -way requirements. The rules were then suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being nine in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes — Directors Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Adcock, and Mayor Dailey — total 9; Noes — None; Absent —
Directors Pugh and Kelly — total 2. Whereupon, the Ordinance was declared PASSED.
Item 28 on the Agenda was a proposed Ordinance entitled
AN ORDINANCE TO AMEND LITTLE ROCK, ARK. REV. CODE
SECTION 18 -52 (1988) TO LIMIT THE HOURS OF COMMERCIAL GARBAGE
PICKUP WITHOUT VIOLATION OF THE CITY NOISE ORDINANCE; TO
DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
The Ordinance was scheduled for second reading, having been read the first time on
March 16, 1999. Director Keck said this was his proposal, but staff has worked with the
two commercial haulers and has worked out a plan that he feels is an acceptable
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June 1, 1999
alternative. City Manager Cy Carney distributed copies of the proposal and explained the
seven (7) point plan, which is basically on a complaint by complaint basis. As the City
receives notification of a complaint problem, it will be referred to the contract hauler,
who will take appropriate action. He recommended that this procedure be adopted for a
60 day trial period before considering the proposed Ordinance. Directors Adcock and
Wyrick asked that those neighborhoods and individuals that have previously complained
be contacted and have their complaints reported. Director Cazort then moved to table
the proposed Ordinance until the first meeting in August. The motion was seconded
by Director Adcock and unanimously adopted. Therefore, the proposed Ordinance was
tabled until August 3, 1999.
Item 17 on the Agenda was a proposed Ordinance described as :
AN ORDINANCE REVOKING ORDINANCE NO. 17,332 AND
ESTABLISHING A REVISED PLANNED DISTRICT - COMMERCIAL TITLED
TARGET REVISED LONG -FORM PD -C (Z- 6199 -C), LOCATED AT 12700
CHENAL PARKWAY 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.
Director Keck asked if the Rock Creek Neighborhood Association had reviewed the
proposal. Mr. Jim Lawson, Director of Planning and Development, said that Anne Borg,
a representative of the Neighborhood, did contact his office and said she was not
concerned with Target itself, but there is a real concern about allowing stores to have
outside displays in the parking lots. Because this is a PCD, Target was not allowed to
have the outside display like everyone else. Director Keck also had a problem with
Target doing business in the parking lot without seeking City approval in advance. If
they are doing this when they are out of compliance, what are they going to do when they
are in compliance. Mr. Lawson responded that staff will monitor the Target PD -C.
Director Keck requested that the Ordinance be held on first reading. The Ordinance was
then read the first time and left on the calendar for second reading on June 15, 1999.
Item 18 on the Agenda was another proposed Ordinance with the title being:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
CENTRAL CITY PLANNING DISTRICT FROM SINGLE FAMILY TO MIXED
USE AND PUBLIC INSTITUTIONAL; AND FOR OTHER PURPOSES.
(LU99 -08 -08 - 2200 block of Wright Avenue.)
Director Hinton said he had received some complaints about this property, and requested
that the Ordinance be held on first reading. Therefore, the Ordinance was read the first
time and left on the calendar for second reading on June 15, 1999.
Introduced next was Ordinance No. 18,030, described as:
AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE
CRYSTAL VALLEY PLANNING DISTRICT FROM SINGLE FAMILY TO
NEIGHBORHOOD COMMERCIAL; AND FOR OTHER PURPOSES;
(LU99- 17 -01— South side of Lawson Road west of Sullivan Road.)
Director Adcock noted this is outside the City Limits in the Extraterritorial Jurisdiction
and asked if anyone was notified of this proposal. Mr. Lawson stated that a sign was
placed on the property. LUP amendments do not require notification of everyone within
200 feet. There is no neighborhood organization for this area. The Ordinance was then
read the first time. The rules were suspended to provide for the second and third readings
of the Ordinance by unanimous vote of the Board Members present, being nine in number
and two- thirds or more of the members of the Board of Directors. A roll call vote was
taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes
- Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Adcock, and
Mayor Dailey — total 9; Noes — None; Absent — Directors Pugh and Kelly — total 2.
Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 18,031, with the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING
FOR MODIFICATION OF VARIOUS PROCEDURES, DEFINITIONS, DESIGN
STANDARDS AND FOR OTHER PURPOSES;
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June 1, 1999
(Annual Subdivision Ordinance revisions.)
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being nine in number and two- thirds or more of the members of the Board of
Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the
vote recorded as follows: Ayes - Directors Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Adcock, and Mayor Dailey — total 9; Noes — None; Absent —
Directors Pugh and Kelly — total 2. Whereupon, the Ordinance was declared PASSED.
Introduced next was Resolution No. 10,565, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH WINDCREST ENTERPRISE INC. AND
ENVIROREM INC. FOR DEMOLITION OF SEVENTEEN (17) TORNADO
DAMAGED STRUCTURES.
City Manager Cy Carney noted that Section 2 of the proposed Resolution should be
amended to demolish seven (7) structures instead of twelve (12) structures in an amount
not to exceed $39,495 instead of $44,748. Director Adcock moved to amend the
Resolution as stated by Mr. Carney. The motion was seconded by Director Keck and
unanimously adopted. Following the reading of the Resolution, Director Adcock moved
for its adoption. The motion was seconded by Director Keck, and the Resolution was
unanimously adopted.
The next presentation was Resolution No. 10,566, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND
THE CONTRACT WITH SOUTHWEST EAP FOR THE EMPLOYEE
ASSISTANCE PROGRAM FOR CITY EMPLOYEES FOR A THREE YEAR
PERIOD EFFECTIVE JULY 1, 1999.
Director Lichty expressed concern about the contract being awarded for three years due to
the budget dilemma. City Attorney Tom Carpenter explained that all multi -year contracts
must have two clauses. One, they are year to year contracts for budget purposes; and
second, the City can always get out of them if funds are not available. Following the
reading of the Resolution, Director Adcock moved for its adoption. The motion was
seconded by Director Keck, and the Resolution was unanimously adopted.
Resolution No. 10,567 was then introduced, with the title being:
A RESOLUTION TO PRIORITIZE THE REUSE, REHABILITATION
AND RECONSTRUCTION ACTIVITIES IN CITY - SUPPORTED
NEIGHBORHOOD REVITALIZATION PROGRAMS; AND FOR OTHER
PURPOSES.
Following the reading of the Resolution, Director Adcock moved for its adoption. The
motion was seconded by Director Keck, and the Resolution was unanimously adopted.
At 8: 05 o'clock P.M. Mayor Dailey declared a ten minute recess. The Board of
Directors reconvened at 8:27 o'clock P.M. with Mayor Dailey presiding and seven
Director present. (Directors Lichty, Pugh and Kelly were absent.)
Item 29 on the Agenda was a discussion of traffic calming devices. The first
speaker was Mr. Nathan Dendy, #8 Orange Blossom Trail, Chairman of the Trustees of
the Greater Center Star Baptist Church, 800 West 33'd Street. The Church petitioned for
speed humps. When the petition was filed, it was placed on hold. The speed humps are
needed for protection of the children in the area. Mr. Don Darnell, 7007 East Wakefield
Drive, said the Neighborhood Association was successful in getting speed humps on
West Wakefield. The flow of traffic has lessened and also traffic is slowing down. The
speed humps have made it much safer for the kids walking home from Wakefield
Elementary School. The speed humps make it safer for pedestrians but they need to be
placed judiciously due to the fire trucks. Public Works Director Chandra Wallar made a
presentation on the speed humps. The Public Works Department initiated the placing of
speed humps in 1997. During 1997, 1998, and 1999 approximately 130 speed humps
were placed at 70 different locations at a cost between $250,000 and $300,000. Studies
show there is a reduction in vehicle speed and the volume of cut through traffic. Staff has
a three part recommendation. (1) On roadways with average daily traffic greater than
1,000 vehicles per day, staff recommends that selective enforcement be utilized (radar,
police officers, or radar van). (2) Roadways with volumes between 1,000 and 600
vehicles per day should utilize speed humps to physically limit vehicle speeds in
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neighborhoods. (3) On streets with less than 600 vehicles per day, an engineering
analysis should be used to determine the best method of reducing vehicle speeds. As new
roadways are designed and constructed, traffic calming devises such as traffic circles,
narrow lanes, and curves should be incorporated. The new Subdivision Ordinance, soon
to be presented, will incorporate some of the traffic calming devices. Responding to a
question by Director Cazort, Mrs. Wallar listed streets having a volume of around 1,000
vehicle: Briarwood, Gamble Road, Yorkwood, Valley Club Circle. Those with a volume
of around 600 vehicles are: Wilderness Drive, Tall Timber Blvd., and El Dorado Drive.
Director Wyrick noted that the people that live near speed humps generally like them, but
those that cut through don't like them. Mayor Dailey felt that if the City is to continue to
install speed humps within some budget framework, there should be a follow -up study.
Mrs. Wallar agreed that a traffic study should be done on each one to see if the desired
results have been accomplished. Director Hinton was concerned with the cost. Director
Cazort said the key is how are we going to pay for the speed humps. City Manager Cy
Carney asked for clear direction from the Board of Directors. Should staff proceed
according to the present guidelines, or declare a time out and prepare as a part of the
Budget a plan for the January 1, 2000 start date? Mayor Dailey felt the majority of the
Board sees the benefit of speed humps. We have to measure this against some costs that
becomes a part of the budget process. Director Kumpuris felt the Board should look to
the City Manager for priorities for the last half of 1999 and the year 2000. Mr. Carney
suggested that staff take the guidelines just heard, do projections and cost estimates. He
will have a recommendation to the Board of Directors by mid -July.
At 9:15 o'clock P.M. City Manager Cy Carney made his Activity Report which
included City investments; a copy of the Board of Directors meeting procedures
updated February 14, 1995; the Pulaski County Regional Jail meeting; and speeding
enforcement statistics.
Director Kumpuris requested that Pulaski County officials be invited to meet with
the Board of Directors regarding the Regional Jail; Director Keck asked that funds for the
jail pursuant to the Interlocal Agreement be discussed separately from the regular Budget;
Director Adcock asked for a full accounting of jail money including concessions as well
as federal and state funds.
There being no further business to be presented the Board of Directors recessed at
9:25 o'clock P.M. to reconvene on Tuesday, June 8, 1999, at 4:00 o'clock P.M. to
consider Director Lichty's proposed Resolution to address the financial needs of the
City of Little Rock.
ATTEST:
�04
City Clerk Robbie Hancock
APPROVED,
Mayor Jim Dailey