08-03-99512
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
August 3, 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 Pugh, Hinton, Lichty, Keck, Stewart
Wyrick, Kelly, and Adcock - total 8; Absent - Directors Cazort and Kumpuris - 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 Kelly, followed by the Pledge of
Allegiance.
Director Adcock moved to add Item M -1 on the Agenda Modifications to the
Consent Agenda. The motion was seconded by Director Hinton and unanimously
adopted. (See Resolution No. 10, 623 in Consent Agenda.)
Item 14 on the Agenda was the third reading of a proposed Ordinance entitled:
"AN ORDINANCE ESTABLISHING A PHASED ANNEXATION POLICY,
IDENTIFYING ELEMENTS OF A PHASED ANNEXATION ANALYSIS,
REQUIRING A CAPITAL IMPROVEMENTS PLAN; AND FOR OTHER
PURPOSES" which had been read the first and second times on May 18, 1999, and June
15, 1999, respectively. Director Kelly moved to withdraw the Ordinance from the
Agenda and substitute a new Ordinance. The motion was seconded by Director Keck
and unanimously adopted by the Board Members present. (See substitute Ordinance on
page 7.)
Item 29 on the Agenda was the second reading of 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" which had been read the first
time on March 16, 1999; deferred from April 6, 1999; and tabled on June 1, 1999.
Director Keck moved to withdraw the Ordinance from the Agenda and remove it
from consideration. The motion was seconded by Director Hinton and unanimously
adopted. Whereupon, the proposed Ordinance was withdrawn.
(Director Kumpuris enrolled at 6:10 o'clock P.M.)
Consideration was then given to the Consent Agenda which consisted of the
following:
(1) Resolution No. 10,610, entitled:
A RESOLUTION EXPRESSING THE WILLINGNESS OF THE
CITY OF LITTLE ROCK TO UTILIZE FEDERAL AID MONIES FOR
IMPROVEMENTS TO MABELVALE PIKE FROM GUM SPRINGS ROAD TO
56TH STREET.
(2) Resolution No. 10,611, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH LANDERS FORD IN THE AMOUNT OF
$559641.50 FOR THE PURCHASE OF A CREW CAB DUMP TRUCK FOR THE
PUBLIC WORKS DEPARTMENT.
(3) Resolution No. 10,612, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH STERLING TRUCKS OF ARKANSAS IN
THE AMOUNT OF $167,247 FOR THE PURCHASE OF TWO (2) MEDIUM
DUTY TRUCK CHASSIS FOR THE PUBLIC WORKS DEPARTMENT AND
ONE MEDIUM DUTY CHASSIS WITH 12 CUBIC YARD BED FOR THE
PARKS AND RECREATION DEPARTMENT.
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August 3, 1999
(4) Resolution No. 10,613, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH WARRIOR OF ARKANSAS IN THE
AMOUNT OF $101,503.22 FOR THE PURCHASE OF ONE (1) JOHN DEERE
344H WHEEL LOADER FOR THE PARKS AND RECREATION
DEPARTMENT.
(5) Resolution No. 10,614, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH WYLES ONE STOP, INC., TO DEMOLISH
AND REMOVE FOUR TORNADO DESTROYED RESIDENTIAL
STRUCTURES. (2415 Cross Street, 1023 East 8" Street, 1304 West 301" Street, and
3206 Marshall Street — not to exceed $16,900.)
(6) Resolution No. 10,615, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
NEGOTIATE A CONTRACT WITH ENGINEERING, COMPLIANCE, AND
CONSTRUCTION, INC. (ECCI) FOR ENVIRONMENTAL ASSESSMENT
CONSULTANT SERVICES FOR THE PARKS AND RECREATION
DEPARTMENT.
(7) Resolution No. 10,616, with the title being:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS, CERTIFYING LOCAL GOVERNMENT
ENDORSEMENT OF CONTOURDMED, INC. TO PARTICIPATE IN THE
ADVANTAGE ARKANSAS PROGRAM. (Located at 2821 Kavanaugh.)
(8) Resolution No. 10,617, entitled:
A RESOLUTION TO APPROVE THE AMENDMENTS TO THE
ARTS AND HUMANITIES PROMOTION COMMISSION BYLAWS.
(9) Resolution No. 10,618, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH PLASTIC OMNIUM ZARN, INC., IN THE
AMOUNT OF $76,300 FOR THE PURCHASE OF TWO THOUSAND (2,000)
NINETY (90) GALLON SOLID WASTE CONTAINERS FOR THE PUBLIC
WORKS SOLID WASTE DIVISION. ($76,300)
(10) Resolution No. 10,619, with the title being:
A RESOLUTION EXPRESSING THE WILLINGNESS OF THE
CITY OF LITTLE ROCK TO UTILIZE FEDERAL AID SURFACE
TRANSPORTATION ENHANCEMENT FUNDS FOR THE EXTENSION OF
THE REBSAMEN PARKWAY RECREATIONAL BIKEWAY; AUTHORIZING
THE CITY MANAGER TO REQUEST FEDERAL FUNDING ASSISTANCE
AND TO PROVIDE 20% MATCHING MONIES FOR THE PROJECT. (Matching
funds to be provided from previous Billboard Removal Project.)
(11) Resolution No. 10,620, entitled:
A RESOLUTION TO APPROVE THE SALE OF REAL
PROPERTY OWNED BY THE CITY OF LITTLE ROCK CURRENTLY HELD
FOR THE WATER WORKS PURPOSES TO THE ARKANSAS STATE
HIGHWAY AND TRANSPORTATION DEPARTMENT; TO AUTHORIZE THE
MAYOR AND CITY CLERK TO EXECUTE ANY NECESSARY DOCUMENTS;
TO DIRECT THAT THE PROCEEDS BE PAID INTO THE CITY GENERAL
FUND; AND FOR OTHER PURPOSES. (Property at Lake Maumelle along Hwy. 10.)
(12) Resolution No. 10,621, described as:
A RESOLUTION APPROVING THE APPLICATION TO THE
INTEREST ON LAWYER'S TRUST ACCOUNTS (IOLTA) FOUNDATION FOR
A SMALL CLAIMS MEDIATION PROGRAM GRANT.
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(13) Resolution No. 10,622, with the title being:
A RESOLUTION TO APPROVE THE PURCHASE FOR $750,000
OF 1320 EAST SECOND STREET IN THE CITY OF LITTLE ROCK,
ARKANSAS, FOR THE WILLIAM JEFFERSON CLINTON PRESIDENTIAL
LIBRARY PARK; TO AUTHORIZE THE EXECUTION OF ANY NECESSARY
DOCUMENTS; AND FOR OTHER PURPOSES. (East % of Block 14, all of Block
17, pt. of Block 19, Russell's Addition — owned by Consolidated Pipe & Supply Co.)
(M -1) Resolution No. 10,623, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH PATTON WRECKING COMPANY TO
DEMOLISH AND REMOVE FIVE (5) TORNADO DESTROYED RESIDENTIAL
STRUCTURES. (400 East 15" St., 1409 S. Rock St., 1407 S. Rock St., 403 East 14" St.,
and 407 East 14t' St. — not to exceed $14,300.)
Upon a motion and second by Directors Adcock and Hinton, respectively, the Consent
Agenda was adopted by unanimous voice vote.
At the time allotted for Citizen Communications, the only speaker was Mr.
Mark Cole, 1821 Booker Street, who addressed the Board of Directors regarding the
Little Rock public schools.
Consideration was then given to Ordinance No. 18,074, described as:
AN ORDINANCE APPROVING MODIFICATION TO A PLANNED
ZONING DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF A
PLANNED ZONING DEVELOPMENT TITLED WEST TREE SERVICE
REVISED LONG -FORM PID (Z- 5718 -A), LOCATED AT 6300 FORBING ROAD,
IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NO.
16,494 AND CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF
LITTLE ROCK; AND FOR OTHER PURPOSES;
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 ten 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 Kelly, Adcock, Pugh, Hinton, Lichty, Keck,
Stewart, Wyrick, Kumpuris, and Mayor Dailey — total 10; Noes - None; Absent —
Director Cazort — total 1. Therefore, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 18,075, with the title being:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED DISTRICT- OFFICE TITLED
BRIARWOOD ANIMAL HOSPITAL SHORT -FORM PD -0 (Z- 6164 -A)
LOCATED AT THE NORTHEAST CORNER OF KANIS ROAD AND
MICHAEL'S STREET 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 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 ten 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 Kelly, Adcock, Pugh, Hinton, Lichty, Keck,
Stewart, Wyrick, Kumpuris, and Mayor Dailey — total 10; Noes - None; Absent —
Director Cazort — total 1. Therefore, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 18,076, entitled:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF STREET IMPROVEMENTS FOR BRIARWOOD
ANIMAL HOSPITAL, LOCATED AT 8422 KANIS ROAD;
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Consideration was then given to Ordinance No. 18,080, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING
FOR A VARIANCE OF MINIMUM LOT WIDTH FOR PARKWAY PLACE
SUBDIVISION - REPLAT OF LOTS 7 AND 8, BLOCK 2 (S -47 -J) LOCATED AT
15 RED MAPLE COURT;
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 ten 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 Kelly, Adcock, Pugh, Hinton, Lichty, Keck,
Stewart, Wyrick, Kumpuris, and Mayor Dailey — total 10; Noes - None; Absent —
Director Cazort — total 1. Therefore, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 18,081, with the title being:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF STREET IMPROVEMENTS FOR LITTLE ROCK
BIBLE CHAPEL, LOCATED AT 1601 RESERVOIR ROAD;
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 ten 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 Kelly, Adcock, Pugh, Hinton, Lichty, Keck,
Stewart, Wyrick, Kumpuris, and Mayor Dailey — total 10; Noes - None; Absent —
Director Cazort — total 1. Therefore, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 18,082, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF BOUNDARY STREET IMPROVEMENTS FOR
ALLEN'S SUBDIVISION LOCATED ON THE WEST SIDE OF SOUTH
KATILLIUS ROAD AND SOUTH OF CANTRELL ROAD;
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 ten 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 Kelly, Adcock, Pugh, Hinton, Lichty, Keck,
Stewart, Wyrick, Kumpuris, and Mayor Dailey — total 10; Noes - None; Absent —
Director Cazort — total 1. Therefore, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 18,083, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF RIGHT -OF -WAY DEDICATION AND STREET
IMPROVEMENTS FOR WALGREENS LOCATED AT THE NORTHWEST
CORNER OF UNIVERSITY AND ASHER AVENUES;
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 ten 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 Kelly, Adcock, Pugh, Hinton, Lichty, Keck,
Stewart, Wyrick, Kumpuris, and Mayor Dailey — total 10; Noes - None; Absent —
Director Cazort — total 1. Therefore, the Ordinance was declared PASSED.
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The next presentation was Ordinance No. 18,084, with the title being:
AN ORDINANCE DISPENSING WITH COMPETITIVE BIDDING AND
AUTHORIZING THE CITY MANAGER TO ENTER INTO A SOLE SOURCE
CONTRACT WITH THE LITTLE ROCK SCHOOL DISTRICT IN THE
AMOUNT OF $32,332 FOR THE LITTLE ROCK SCHOOL DISTRICT MIDDLE
SCHOOL PROFESSIONAL DEVELOPMENT PROGRAM; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES;
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 ten 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 Kelly, Adcock, Pugh, Hinton, Lichty, Keck,
Stewart, Wyrick, Kumpuris, and Mayor Dailey — total 10; Noes - None; Absent —
Director Cazort — total 1.
The Emergency Clause contained in Section 4 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Kelly, Adcock, Pugh,
Hinton, Lichty, Keck, Stewart, Wyrick, Kumpuris, and Mayor Dailey — total 10; Noes -
None; Absent — Director Cazort — total 1. Whereupon, the Ordinance, together with
the Emergency Clause, was declared PASSED.
Consideration was then given to Ordinance No. 18,085, entitled:
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF A
SERIES OF LIBRARY REFUNDING BONDS AND A SERIES OF LIBRARY
IMPROVEMENT AND REFUNDING BONDS FOR THE PURPOSES OF
REFUNDING OUTSTANDING LIBRARY CONSTRUCTION AND
IMPROVEMENT BONDS AND FUNDING CONSTRUCTION AND CAPITAL
IMPROVEMENT PROJECTS; PLEDGING TAX REVENUES SUFFICIENT TO
PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS; AUTHORIZING
THE EXECUTION AND DELIVERY OF A MASTER TRUST INDENTURE AND
SUPPLEMENTAL TRUST INDENTURES; AUTHORIZING THE
ACCOMPLISHMENT OF THE PROJECTS; APPROVING AN OFFICIAL
STATEMENT; PRESCRIBING OTHER MATTERS RELATING THERETO;
AND DECLARING AN EMERGENCY;
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 ten 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 Kelly, Adcock, Pugh, Hinton, Lichty, Keck,
Stewart, Wyrick, Kumpuris, and Mayor Dailey — total 10; Noes - None; Absent —
Director Cazort — total 1.
The Emergency Clause contained in Section 11 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Kelly, Adcock, Pugh,
Hinton, Lichty, Keck, Stewart, Wyrick, Kumpuris, and Mayor Dailey — total 10; Noes -
None; Absent — Director Cazort — total 1. Whereupon, the Ordinance, together with
the Emergency Clause, was declared PASSED.
Consideration was then given to Ordinance No. 18,086, described as:
AN ORDINANCE AMENDING LITTLE ROCK CITY CODE REVISED
(1988) SECTION 8 -31 AND ORDINANCE NUMBER 17,648, ESTABLISHING A
PERMIT FEE SCHEDULE FOR ALL RESIDENTIAL BUILDING RELATED
WORK PERFORMED IN THE CITY OF LITTLE ROCK IN THREE
DESIGNATED AREAS KNOWN AS THE CENTRAL HIGH, DOWNTOWN,
AND PHILANDER SMITH TARGETED NEIGHBORHOOD ENHANCEMENT
AREAS, REPEALING ALL TECHNICAL CODE ORDINANCES AND CODE OF
ORDINANCES IN CONFLICT THEREWITH, DECLARING AN EMERGENCY;
AND FOR OTHER PURPOSES;
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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 ten 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 Kelly, Adcock, Pugh, Hinton, Lichty, Keck,
Stewart, Wyrick, Kumpuris, and Mayor Dailey — total 10; Noes - None; Absent —
Director Cazort — total 1.
The Emergency Clause contained in Section 4 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Kelly, Adcock, Pugh,
Hinton, Lichty, Keck, Stewart, Wyrick, Kumpuris, and Mayor Dailey — total 10; Noes -
None; Absent — Director Cazort — total 1. Whereupon, the Ordinance, together with
the Emergency Clause, was declared PASSED.
Item 14 was next presentation, being Director Kelly's substitute proposed
Ordinance entitled:
AN ORDINANCE TO REQUIRE AN ANALYSES OF PROPOSED
ANNEXATIONS; TO COMMISSION A FISCAL IMPACT STUDY OF
DEVELOPMENT IN LITTLE ROCK OUTSIDE THE BOUNDARIES OF THE
LITTLE ROCK SCHOOL DISTRICT ON THE DISTRICT TAX BASE; TO
COMMISSION A DEVELOPMENT STUDY FOR THE LITTLE MAUMELLE
DRAINAGE BASIN; TO ESTABLISH A TEMPORARY MORATORIUM ON
SOME SANITARY SEWER CONNECTIONS IN THE LITTLE MAUMELLE
BASIN; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
There was a lengthy discussion from 6:35 o'clock P.M. until 8:00 o'clock P.M.
regarding the proposed Ordinance. Director Kelly read a prepared statement explaining
his proposal. This Ordinance would set a policy that all annexations shall be considered
only after a comprehensive analysis of the cost and benefits of the annexation has been
completed and submitted to the Planning Commission for review, and then to the Board
of Directors; it would require a Little Rock School District fiscal impact study; a
development impact study of the Little Maumelle Basin; and there would be a temporary
moratorium on some sewer connections in the Little Maumelle River Basin. (Director
Kelly's earlier Ordinance would have limited annexations into the City to every five
years, and placed a moratorium on annexing until 2003) Director Kelly said his
proposal does not prevent growth because growth is inevitable, but to do it blindly,
uninformed, and with long term financial repercussions not understood is foolish and bad
policy. Director Kelly then responded to questions and comments by Board Members.
Mr. Reggie Corbitt, Executive Director of the Little Rock Wastewater Utility, also
responded to questions by various Board Members regarding sewer service and
infrastructure needs in the Little Maumelle Basin. If the study underway shows the need
for a treatment plant, that would be paid for by all of the residents that pay a sewer bill.
The main lines are paid for by the developer, which is why the treatment plant needs to be
in place. Responding to a question by Director Wyrick, Mr. Corbitt said the departure
and change to run sewer service to unsewered areas is difficult to justify, because in the
sixty (60) years that the Utility has been in existence, we have never run lines to serve
individual customers, except for a backbone plant that served large areas. But in 1993,
the Board of Directors made the decision to serve seven (7) unsewered areas in the City
of Little Rock. One of the main reasons that isn't normally done is because of the large
investment required on a per customer basis to provide sewer service. Sewer
Improvement Districts were the traditional way the majority of the City got sewer service.
These Districts must meet Wastewater Utility standards. Mr. Robert Shults, 5108
Edgewood, said The Ranch Development has one of the larger sewer extension
reimbursement agreements with Little Rock Wastewater Utility and a moratorium on
sewer would violate that contract and would leave them stuck with several hundred
thousand dollars. He said he thought the Wastewater Utility is one of the better agencies
of the City as far as planning ahead. In conclusion, Director Kelly reminded everyone the
moratorium is only in effect until the study is completed. Following the lengthy
discussion, the Ordinance was read the first time. Director Keck asked Director Kelly if
he wanted this held until September since he would not be present for the second meeting
in August. Director Kelly asked the Board to go on record and to state the proposed 1200
acres annexation scheduled to go to the Planning Commission early in September needs
to be delayed until after the Board of Directors has taken final action on this Ordinance.
City Attorney Tom Carpenter said the Board does not have to act on the Planning
Commission's recommendation. Director Kelly then asked the Board to proceed with
the second reading of the Ordinance on August 17, 1999, with the third reading being
on September 7, 1999.
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Item 15 on the Agenda was the last matter to be consider. A public hearing had
been scheduled for this time and place by a motion adopted on July 20, 1999, on the
appeal of the Planning Commission's denial of an amendment to the Land Use Plan
for the Crystal Valley Planning District (LU99- 17 -02), related to 17503 Lawson
Road. The appeal was filed by Mr. Terry Moore. Mayor Dailey declared the public
hearing open at 8:00 o'clock P.M. Mr. Terry Moore explained that he had applied for a
permit to open a snow cone business on his property and was informed that the Land Use
Plan would have to be amended to allow the business to operate on his residential
property. He missed the date of the Planning Commission meeting and believed that was
the only reason his request was denied. Mr. Jim Lawson, Director of Planning and
Development, stated that the concern of the staff was that the Land Use Plan does not
show this as a Commercial Area, and the Planning Commission agreed with staff that if
we were to continue this commercial pattern along Lawson Road, it would end up being a
strip commercial area. If Mr. Moore wanted to operate a snow cone business at the
corner of Lawson and Sullivan Roads, there is property already zoned commercial. Once
the Land Use Plan is changed to Commercial and once the property is zoned "C -3" or "C-
1" Commercial, it doesn't have to be a snow cone business, it could be any kind of
business use there. Director Adcock asked if this could be done as a Planned Unit
Development for a snow cone business only on that piece of property. Mr. Lawson said
that could be done, but the Land Use Plan would still need to be changed. Responding to
another question by Director Adcock, Mr. Lawson stated this is about 200 yards just
inside the boundary of the City's extraterritorial jurisdiction. Director Adcock then
requested that Mr. Lawson explain to Mr. Moore how he could get his snow cone
business since it is so close to the edge of the extraterritorial jurisdiction. Responding to
a question by Director Lichty, Mr. Lawson said there is no way for a commercial
business of this type to do a Conditional Use Permit on a piece of property zoned "R -2"
or "R -3" Single Family Residential. Mayor Dailey said he was hearing the spirit of the
Board is to try to accommodate this request even on a temporary basis and still not
change the Land Use Plan. Mayor Dailey declared the public hearing closed at 8:07
o'clock P.M. The proposed Ordinance was then presented, with the title being:
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; (Re:
17503 Lawson Road.)
and the Ordinance was read the first time. The rules were suspended to provide for the
second reading of the Ordinance by a vote of 8 ayes and 2 noes (Directors Adcock and
Hinton), being two thirds of members of the Board of Directors. The motion to suspend
the rules to provide for the third reading of the Ordinance failed to receive the required
two - thirds vote (7 ayes; 3 noes — Pugh, Adcock, and Hinton, with 1 absent). Therefore,
the proposed Ordinance was left on the calendar for third and final reading on
August 17, 1999. (Director Adcock asked staff to try to work out something by that
date.)
Mayor Dailey distributed his memorandum to the Board of Directors regarding
budget priorities and service and a goal setting workshop to be held August 24, 1999;
establishing an outside investment advisory committee; and requesting Deloitte &
Touche to perform a thorough review of the City's accounting and finance management
procedures. Directors Kelly and Keck wanted the workshop to be done in an open, public
and televised venue.
City Manager Cy Carney gave his Activity and Project Report, stating he has
asked each Department Director to look carefully at services delivered and to make
recommendations for improved services, new programs, expanded programs, etc. that
would be helpful if resources were available.
Director Adcock asked that signs into Twin Lakes Subdivision be replaced.
Directors Adcock and Stewart expressed concern about the placement of
employees of the General Services Department that is being abolished.
Director Kumpuris asked the Board to allow a fact finding process to go on at no
cost regarding the problem with the deer population in the City Limits. The Chairman
of the State Game & Fish Commission has requested that the City of Little Rock get a
number of citizens that are directly affected by this and meet with the Game and Fish
Commission to develop a policy as to what can be done about the deer population in the
City of Little Rock. The deer population has greatly increased and property is being
damaged or destroyed.
Minutes
August 3, 1999
body. Director Keck expressed concern about the use of the City Logo by a political
Director Wyrick asked what happens to in -lieu money for street improvements
that is paid to the City and asked if some of that could be utilized for specific areas.
There being no further business to be presented, the Board of Directors
adjourned at 8:40 o'clock P.M. to meet again in regular session on Tuesday, August 17,
1999, at 6:00 o'clock P.M.
ATTEST:
Qom -e+�z, C4—
City Clerk Robbie Hancock
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APPROVED:
ayor Jim Dailey
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