04-04-00687 �
Minutes
City Hall — 500 W. Markham
Little Rock, Arkansas
April 4, 2000 — 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas, met in regular session with
Mayor Dailey presiding. City Clerk Nancy Wood called the roll with the following
Directors present: Hinton, Lichty, Cazort, Keck, Stewart, Vice mayor Wyrick,
Kumpuris, Kelly, Adcock — total 8; Absent — Directors Pugh 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:
Director Lichty, followed by the Pledge of Allegiance, gave the Invocation.
Director Pugh enrolled at 6:15 P.M.
Director Kumpuris enrolled at 6:30 P.M.
Mayor Dailey recognized Mike Blakley, Director of the Little Rock Zoo. Mr. Blakely
who announced he was pleased that the Board of Directors Meeting was going to be held
the following Tuesday at the Little Rock Zoo, and looked forward to everyone coming
out. Cy Carney, City Manager announced that the meeting next week would be at the
Civitan Amphitheater; providing better accommodations for large crowds and the public
was invited to attend.
Mayor Dailey announced there were some additions and deletions to the agenda.
Addition: Item (a.) — National Merit Scholars presentations.
Deletions: Item 16 — which were withdrawn by the Little Rock Municipal Water Works.
And Item 24. Deferred due to incomplete petition. Item M -1 to be deferred for 1 week.
Director Lichty moved to also add items 25, 27, 28, 29, 30, 32 to the consent agenda.
Director Hinton seconded the motion. A unanimous voice vote was taken and the listed
items were added and deleted to the agenda.
Agenda Modification — M -1: (This item was added, and then deleted due to the proposed
agreement not being finalized.)
AN ORDINANCE APPROVING THE TERMS AND PROVISIONS OF THAT
CERTAIN AMENDED, RESTATED AND SUBSTITUTED LEASE AND
CONCESSION AGREEMENT (THE "AMENDED LEASE AND CONCESSION
AGREEMENT ") BY AND BETWEEN THE CITY OF LITTLE ROCK,
ARKANSAS (THE "CITY ") AND BG EXCELSIOR LIMITED PARTNERSHIP, A
TENNESSEE LIMITED PARTNERSHIP AND CERTAIN ESCROW
AGREEMENT BY AND AMONG BEACH ABSTRACT AND GUARANTY
COMPANY (THE, "ESCROW AGENT "), THE CITY AND BG EXCELSIOR
LIMITED PARTNERSHIP; AUTHORIZING, EMPOWERING AND
DIRECTING THE MAYOR AND CITY CLERK TO MAKE AN EXECUTE AND
DELIVER THE AMENDED LEASE AND CONCESSION AGREEMENT,
DECLARING AND EMERGENCY AND PRESCRIBING OTHER MATTERS
PERTAINING THERETO.
AGENDA MODIFICATION -M -2, Resolution No. 10,809:
A RESOLUTION MAKING APPOINTMENTS TO THE DOMESTIC
VIOLENCE COMMISSION.
DELETIONS TO THE AGENDA:
Item (16) An ordinance authorizing a contract between the Little Rock
Municipal Water Works and the Sardis Water Association: to declare an
emergency; and for other purposes.
Meet,
Item (24) Public Hearing and Ordinance to close the alley between West 18`h
Street and 191h Street in Block 5 Blankenship Addition.
Director Adcock stated that because the Board was so frustrated in dealing with the
Candlewood Drive issue (Item 13 on the 4 -4 -00 Agenda) that Mr. Dickson Flake, an
outside attorney, was asked t by the City Attorney, Tom Carpenter to work with Mr. Rule
and Mr. Whisenhunt to see if he could work through some of the problems. Director
Adcock stated that Mr. Flake had called her that afternoon and informed her that an
agreement had been reached that he would like to appear before the Board to address the
issue. Director Adcock moved to allow Mr. Dickson to come before the Board, Director
Adcock moved the allow Mr. Flake to come before the Board to address the issue.
Director Lichty seconded the motion. A voice vote was taken; all were in favor of the
motion.
Mr. Dickson Flake stated the parties had reached an agreement and requested that the
Board move the item forward to the subsequent readings and pass the Ordinance.
Director Lichty asked for a brief indication of the nature of the agreement. Mr. Flake
stated the package incorporated most of the agreement, but the additional things were the
handling of any excavation material and the access of the Kroger Store rear drive, to enter
Candlewood Drive. Director Lichty made a motion to defer the item until there was an
actual written agreement. There was no second to the motion. Mayor Dailey asked if
Mr. Flake had any comment. Mr. Flake stated that representatives of all parties were
there and would confirm that there was an agreement. He offered to provide a faxed
copy of the agreement to the Board members. Mr. Flake stated the Trustee of Char -Beck
has signed the agreement and that he had talked to Mr. Rule by phone that afternoon and
he was in total concurrence. Mayor Dailey asked for the second reading of Item 13.
Ordinance No. 18,246 titled:
AN ORDINANCE TO REPEAL LITTLE ROCK ORDINANCE NO. 18,186
(JANUARY 2000), AND TO REOPEN CANDLEWOOD DRIVE.
A motion was made by Director Cazort and seconded by Director Kumpuris to suspend
the rules and place the item of third and final reading. The Ordinance was read the third
and final time. By voice vote, the Ordinance was passed unanimously. Director Adcock
then thanked Dickson Flake for showing outstanding community service by assisting the
Board in working through this issue.
Director Adcock made a motion to add Item 24 to the consent agenda. Director
Kumpuris seconded the motion. A unanimous voice vote was taken, adding the item to
the consent agenda. Director Hinton made a motion, seconded by Director Stewart to add
Item 26 to the grouped items. A voice vote was taken, all were in favor, and the item was
added.
Mayor Dailey presented national Merit Scholars their awards. The recipients were: Scott
Crabtree — Pulaski Academy, Robert Moseley — Pulaski Academy, Jordan Greenwald —
Pulaski Academy — Carrie Proctor —Mt. St. Mary Academy, Christopher Booth — Little
Rock Central, Beju Naugindu — Little Rock Central, Jane Cherry — Little Rock Central,
Brice M. Goods — (absent) — Little Rock Central, Christopher Thomas — Little Rock
Central, Sara Tucker (absent) — Little Rock Central, - Ragivan Mahadivan — Pulaski
Academy, Allison Petcher, - Pulaski Academy, Rachel Shaver, - Arkansas Baptist
Areliha Jones, - Little Rock Central, Nichole Anderson, - Hall High, Jennifer Epps, -
Parkview High, Toby Choe, (absent) — Little Rock Central, Pauline Hall, - Little Rock,
Central , David Nance, Little Rock Central, Stuart Price, -Little Rock Central, Brady
Taylor (absent), - Little Rock Central, Jordan Tinsley (absent) — Little Rock Central, Ross
Werner, (absent), Jonathan Kelly — Catholic High, Julia Cato, - Arkansas Baptist, Josh
Hefley, Arkansas Baptist, Samuel Fuller, - Little Rock Central, Bryan Dorfman, - Little
Rock Central, Jonathan Light, - Little Rock Central, Elizabeth Oswald, - Little Rock
Central, James Storey, (absent) - Little Rock Central, Trevor Grandal, (absent) Pulaski
Academy, Jason Baxter (absent) — Catholic High, Michael Roach, (absent) - Catholic
High, Megan Rice (absent) — Mt. St. Mary, Athea Price (absent) — Arkansas Baptist,
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Jonathan Fields, Little Rock Central, Farad Baherasa, - Arkansas School for Mathematics
and Sciences. Mayor Dailey recognized the parents of the recipients. Director Adcock
asked for the teachers and administrators to also be recognized for their contributions.
Dr. Bryant Williams, Director of the Black Family Studies Program at Philander Smith
College introduced the new academic discipline and as part of the Black Families Studies
Program they would be having a distinguished lectureship series and on April 14, Dr.
Andrew Billingsley would be the first lecturer. Dr. Williams invited the Board to come
out and participate with them. Dr. Williams left posters with the Board advertising Dr.
Billingsley's presence and visit.
Introduced next was the Consent Agenda.
Item (1) Approval of the minutes of the Board of Directors regular meeting
held October 5, 1999, the reconvened meeting held October 12, 1999, the regular meeting
held October 19, 1999, the reconvened meeting held October 26, 1999; the regular
meeting held November 2, 1999, and the reconvened meeting held November 9, 1999.
Item (2) Resolution No. 10, 795, entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS IN SUPPORT OF THE PECAN LAKE,
STAGECOACH -DODD, AND WESTWOOD NEIGHBORHOOD ACTION
PLAN.
Item (3) Resolution No. 10, 796, described as:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS IN SUPPORT OF THE OTTER
CREEK/CRYSTAL VALLEY NEIGHBORHOOD ACTION PLAN.
Item (4) Resolution No. 10, 797, with the title being:
A RESOLUTION AUTHORIZING CITY MANAGER TO ENTER INTO
AN ENGINEERING SERVICES CONTRACT WITH TRANSYSTEMS
CORPORATION, FOR TRAFFIC SAFETY STUDIES FOR FIVE
INTERSECTIONS.
Item (5) Resolution No. 10, 798, entitled:
A RESLOUTION EXPRESSING THE WILLINGNESS OF THE CITY OF
LITTLE ROCK TO UTILIZE FEDERAL AID MONIES FOR SCOTT
HAMILTON SIDEWALK AND CANTRELL ROAD PEDESTRIAN
FACILITY.
Item (6) Resolution No. 10, 799, described as:
A RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO
EXECUTE DEEDS FOR THE SALE AND DEDICATION OF A CITY
OWNED PROPERTY TO ARKANSAS HIGHWAY COMMISSION ON LA
HARPE BOLUVARD.
Item (7) CONSIDERATION WAS THEN GIVEN TO A MOTION TO
SET PUBLIC HEARING TO RESCIND THE LITTLE ROCK PLANNING
COMMISSION'S ACTION IN APPROVING A SPECIAL USE PERMIT
TO ALLOW THE OWNER/OCCUPANT OF THE RESIDENCE AT 2403
KRISTINA COURT TO OPERATE A DAY CARE FAMILY HOME. (Z-
6803)
Item (8) Resolution No. 10, 800, with the title being:
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A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A TWO -YEAR CONTRACT EXTENSION WITH UNUM LIFE
INSURANCE COMPANY OF AMERICA, FOR THE PURPOSE OF
PROVIDING LONG -TERM DISABILITY INSURANCE COVERAGE
FOR NON - UNIFORM CITY EMPLOYEES; AND FOR OTHER
PURPOSES. (Resolution forthcoming.)
Item (9) Resolution No. 18, 801, entitled:
A RESOLUTION APPOINTING SCOTT SWANDER TO A TOURISM
INDUSTRY POSITION ON THE CITY OF LITTLE ROCK
ADVERTISING AND PROMOTION COMMISSION OF LITTLE ROCK,
ARKANSAS FOR A TERM OF FOUR (4) YEARS COMMENCING ON
MAY 1, 2000.
Introduced next:
Item (10) was a motion to set the date of public hearing for April 18, 2000
for approval of the issuance of not to exceed $38,000,000 in aggregate principal
amount of Industrial Development Revenue Bonds (Acxiom Corporation Project),
Taxable Series 2000 (the "Bonds "), by the City of LittleRock, Arkansas (the
"City ") under the authority of the Municipalities and Counties Industrial
Development Revenue Bond Law.
Item (11) was a Public Hearing and Resolution No. 10,802,
To set the date of hearing on the petition to vacate and close Victory Street
between Capitol Avenue and West Sixth Streets in Original City Addition to the
City of Little Rock, Arkansas. (Amended)
Item (25) Resolution No. 10, 803, described as:
A CAPITAL IMPROVEMENT PROJECT FOR CONSTRUCTION OF
THE FINAL COVER ON CELL 1 OF THE CLASS I LANDFILL IN THE
AMOUNT OF $409,790.00 PLUS 10% CONTINGENCY FROM THE
SOLID WASTE REVENUE BOND FUND.
Item (27) Resolution No. 10, 804, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH JOHN T. WRIGHT CONSTRUCTION COMPANY
FOR THE PURPOSE OF CONSTRUCTING A NEW AFFORDABLE
HOME AT 8101 WEST 22ND STREET.
Item (28) Resolution No. 10, 805, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH JOHN T. WRIGHT CONSTRUCTION COMPANY
FOR THE PURPOSE OF CONSTRUCTING A NEW AFFORDABLE
HOME AT 2215 SINGLETON COVE.
Item (29) Resolution No. 10, 806, described as:
A RESOLUTION APPROVING SUBMITTAL OF 2001
TRANSPORTATION IMPROVEMENT PROGRAM (TIP).
Item (30) Resolution No. 10, 807, entitled:
A RESOLUTION TO ADD CERTAIN STRUCTURES TO THE
CONDEMNATION ORDINANCE NO. 17, 955; AND FOR OTHER
PURPOSES
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Item (32) Resolution No. 10, 808, described as:
A RESOLUTION IN SUPORT OF THE LITTLE ROCK SCHOOL
DISTRICT MILLAGE INCREASE TO BE VOTED ON IN AN ELECTION
HELD ON MAY 9,2000; AND FOR OTHER PURPOSES
Upon a motion by Director Adcock, with a second to the motion by Director Keck, the
Consent Agenda was adopted by unanimous voice vote.
Senator Riggs spoke briefly asking for support of the Little Rock School District Millage
Increase and the benefits of the increase.
Mayor Dailey then opened up Citizen Communication:
Don Darnell spoke on westward expansion. His point was that almost every week there
is something happening in Little Rock that is a result of the westward expansion, and
most of it is negative, and asked the Board to look at that, and hoped the Vision Little
Rock program will take a hard look at the future of Little Rock; where we are going and
where we are growing. Jim Lynch spoke next on New Party ideas: How to best attain a
sustainable future for the City of Little Rock which includes a moderately priced
dwelling unit policy, in all parts of Little Rock, a greater emphasis on the Public Schools,
more emphasis on Public Transit, and an emphasis on a living wage policy. The next
speaker was Redonia Harshaw, speaking of the need for a living wage in Little Rock.
Susan Sims spoke on tree preservation and green space that is need in Little Rock.
Elizabeth Ploughman spoke on the issue of public transportation, had suggestions from
bus riders on how the city could improve the bus system. Kathy Wells spoke in favor of
affordable housing, and how the environment plays a part in how well students do in
public schools. Ms. Wells asked the Board to stop exempting corporations from taxes,
and to use the money to build a better Little Rock. Donna Massey spoke as a
representative of the New Party's sustainable community campaign, focusing on the need
for education. Don Baker, a representative of ACORN, spoke against the tax exemption
for large corporations. Bryon Norwood was the next speaker during Citizen's
Communication. He spoke of his concern for the Youth of the city. Presented a proposal
for Arkansas Starz Dance Competition, primarily to give the youth a stage to express
themselves creatively vs. some other manner and asked the Board to consider funding or
partnership of the City, and asked this to be placed as an agenda item. Director Kelly
suggested that Mr. Norwood call Barbara Osborn, Director of Community Programs for
the City, to see if there might be funding or partnership with the city.
Mayor Dailey then asked for any questions, or comments regarding Item 12 — Ordinance
No. 18,248 entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, PROVIDING FOR A
WAIVER OF MASTER STREET PLAN STREET IMPROVEMENTS
REQUIREMENTS FOR O'REILLY AUTO PARTS STORE LOCATED AT
THE NORTHEAST CORNER OF ASHER AVENUE AND FAIR PARK
BLVD. (Ordinance No. 18, 248) (Second reading).
Mr. Carney stated this was a difficult issue that had been put before the Board, that the
staff recommendation continues to officially be - we would like this applicant to
participate in the cost of the construction of that right -hand turn lane as adjacent to the
property, the cost estimated at $30,000 to $100,000.), however he had spoken with the
corporate offices earlier in the day, and was convinced this really was a make or break
issue for the company and whether the project moves forward or not depends on this
request for a waiver. Mr. Carney stated that he was convinced for this particular location
for this neighborhood, this project should go ahead. The corporation had also advised
him that this would mean employment, starting off between 10 -12 jobs and up to 18 -20
jobs for this business location, which is significant in terms of capital investments and
employment for the neighborhood. Mr. Carney stated the city would like to have this on
record as officially opposing the waiver, however, the bigger issue and cause for careful
consideration of this waiver, would not be disappointing to staff if the waiver were
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granted. Director Adcock and Director Lichty stated they would like to see some sort of
deferral structure because they did not think the city should give up the right to have that
corner improved at some time in the future. Mr. Carney restated the company's position
was that it would have to be the waiver, and that was their position. Director Kumpuris
asked if the company were granted a waiver, would they accept the waiver only as long
as they had the property? Mr. Brown, the representative for O'Reilly stated they would.
Director Kumpuris asked Mr. Carpenter, City Attorney if this was possible. Mr.
Carpenter offered that the language he would propose would be "for purposes of
construction necessary to complete the initial development of the O'Reilly Auto Parts
Store at this location ". Director Keck moved to amend the Ordinance as offered by Mr.
Carpenter, with Director Adcock seconding the motion. A unanimous voice vote was
taken to amend the ordinance. Mayor Dailey asked for the second reading, as amended.
The ordinance was read the second time as amended. Director Adcock moved to suspend
the rules and place the ordinance on third and final reading, Director Hinton seconded the
motion. Board members took a unanimous voice vote and the rules were suspended and
the ordinance read the third and final time. By a unanimous voice vote ordinance was
adopted.
Mayor Dailey asked for the grouped items to be read the first time. The Grouped items
consisted of Items 16 17, 24, 26. The items were read the first time.
Item (16) Consideration was then given to Ordinance No. 18, 250, with the
title being:
AN ORDINANCE TO RE -ZONE PROPERTY LOCATED AT 6800 -6900
PINNACLE VALLEY ROAD FROM "R -2" SINGLE FAMILY TO "AF"
(AGRICULTURAL AND FOREST DISTICT, AND "OS" (OPEN SPACE
DISTRICT) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING
CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF
LITTLE ROCK, ARKANAS; AND FOR OTHER PURPOSES
The next presentation was Ordinance No. 18, 251, described as:
Item 17 - AN ORDINANCE REZONING PROPERTY LOCATED AT
6400 PATRICK COUNTRY ROAD FROM "R -2" (SINGLE FAMILEY
DISTRICT) TO 4-3" (GENERAL OFFICE DISTRICT) AMENDING
CHAPTER 36 OF THE CODE OF ORDINANCNES OF THE CITY OF
LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. (Read as
grouped item.)
Item (24) Consideration was then given to Ordinance No. 18, 257, with the
title being:
AN ORDINANCE GRANTING A FRANCHISE TO THE ARKANSAS
TEACHER RETIREMENT SYSTEM FOR AIR RIGHTS ABOVE WEST
SIXTH STREET FOR A PEDISTRICN SKYBRIDGE CONNECTING A
PARKING DECK WITH THE VICTORY BUILDING AT THE CORNER
OF CAPITOL AND VICTORY STREETS; FOR THE PURPOSE OF
CONSTRUCTION, ERECTION, MAINTENANCE, OPERATION AND
REPAIR OF AN ENCLOSED SKYBRIDGE OVER WEST SIXTH
STREET (Read as grouped item.)
Item (26) Introduced next was Ordinance No. 18, 258, entitled:
AN ORDINANCE APPROPRIATING FUNDS FOR ASHER AVENUE
RIGHT -OF -WAY AND CITY MATCH FOR VARIOUS
TRANSPORTATION IMPROVEMENT PROJECTS. (Read as grouped
item.)
After brief discussion on Item 24, The Ordinance was read the first time. The rules
were suspended to provide for the second and third readings of the Ordinance by
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unanimous vote of the Board members present, being ten in number and two - thirds or
more of the members of the Board of Directors.
Director Keck asked that the "Blue Birds" soccer team be introduced. Each team
member introduced himself or herself.
Mayor Dailey asked for the following ordinance to be read the second time.
Consideration was then given to Ordinance No. 18,249 entitled:
�- Item (14) A PLANNED ZONING DISTRICT AND PROVIDING FOR
THE ESTABLISHMENT OF A PLANNED ZONING DEVELOPMENT
TITLED BALE CHEVROLET HONDA REVISED PCD, LOCATED AT
13101 CHENAL PARKWAY IN THE CITY OF LITTLE ROCK,
ARKANSAS, AMENDING ORDINANCES NO. 15, 472, NO. 15, 735, NO.
15, 736, AND NO. 16, 083 AND CHAPTER 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER
PURPOSES.
The ordinance was read for the second time. Director Keck stated that as late as
today, he had witnessed dealers loading and unloading vehicles in the middle of
"No parking" areas, stating further that this continues to be a problem, and he had
a problem in allowing P.C.D.'s to expand to allow more cars to be shown when
they have a hard time managing the existing number of cars that are on the
dealership, which was the reason for his opposition. Tim Daters, and Bob
Ralston, the representatives for Bale Honda, addressed the issue. Mr. Daters
stated on the Bale site there was adequate room on the site to unload the tractor -
trailers on the site and the car carriers on the site.. Some of the automobiles that
are picked up or sold at auction are picked up by independent transport drivers
who might not be familiar with the facility and operation, but if they are
unloading on the street, there is no need for that because there is room on the
property for that. He stated he has asked the dealership to come up with
procedures developed over the next couple of weeks addressing the issues. He
stated he felt the intention was to comply with the city ordinances, and not create
a nuscience or hazard on the public street. Director Keck stated he had seen this
particular dealer unload in areas not designated. Mr. Daters stated they would not
accept any vehicles if they did not use the designated places. Director Keck said
if the ordinance could be amended to reflect these procedures, he would be
willing to support the issue. Mr. Daters said they would get a building permit for
parking lot expansion to go with this, and they would get those details and
changes in writing in to their staff to get something the Board can look at before
the building permit is applied, so that the Board could see they are changing away
from the status quo. Mr. Carney commented on the continuing parking on the
landscaped area stating that if agreeable to the Board that could perhaps be
addressed with procedures related to this permit. Mr. Daters stated they could
make that a condition. Mr. Carpenter suggested that if the Board wanted to do
that, they might amend section three of the ordinance to add "provided that
signage and other measures shall be put into place to assure that automobiles
will not be unloaded on to any city street and provided further, that no
vehicle shall be parked on any landscaped area." Director Keck made the
motion to accept the amendment to the ordinance, with Director Adcock
seconding the motion. Mayor Dailey asked for a voice vote to be taken, all were
in favor of amending the ordinance. Director Keck motioned to suspend the rules
and place the ordinance on third and final reading as amended. Director Adcock
seconded the motion. The Ordinance, as amended, was read the third and final
time. Mayor Dailey asked for a voice vote of the Board members present. The
vote was unanimous and the ordinance was adopted as amended.
Mr. Jim Lawson, Planning Director, gave a brief overview of the proposal on
appeal. (Item 15) a public hearing on the appeal of the Planning Commissions approval
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of a Conditional Use Permit for Immanuel Baptist Church at the northeast corner of
Shackleford and Mara Lynn Roads. (Appeal filed by Susan McGee and neighbors.)
Some of the issues were lighting, potential use of the property, and negotiations with the
Walnut Valley Property Owners Association, including concessions made by the church,
including the amount of open space enlarged, the number of buffers, some of which some
are 100' and some 185', reducing parking spaces and not paving all the lots at once.
Another issue was traffic. Mr. Lawson stated a traffic study had been done and reviewed
by the Planning Commission, who asked the consultant to go back and look at some other
issues. There has been concern about the access as it goes to Breckenridge Drive and
how it will work with the Bible Church across the street. Mr. Lawson said the church
had agreed to provide for an off duty police officer to be assigned there and that would
help quite a bit. Mr. Lawson stated the traffic study indicated that because of the peak
hours being different from the peak hours that are out there now in terms of a church use
is not going to have a significant increase or impact in the traffic. The church has agreed
to redesign the intersection of Myra Lynn and Shackleford Road which is where the
Kroger store is close to. They would re -do all of that, redo the traffic light that is there
now, and add more turn lanes. Mr. Lawson indicated there was a drainage issue also,
which was being addressed. In the letter of appeal there were eight points mentioned,
which were: (1) This particular request was larger than what is currently allowed in
terms of the land use "R -2 ", . Mr. Lawson's comments regarding this were the concern
they have had from a staff standpoint and working with Walnut Valley is that because the
state owns it and could put a large building on it and it would have more traffic impact
and a lot of people have always felt it would not remain a single family zoning next to the
Kroger store. (2) Lighting pollution is an issue, Mr. Lawson stated as it is in most large
establishments. Mr. Lawson said in working with the applicant they are going to have
very small lights on the north side of the lot, the large lights would be on the south side
next to the commercial development. This has been designed to not have negative effects
on the people in Walnut Valley. (3) Drainage is a issue, Mr. Lawson commented that the
Public Works Department has been working on it, and feels those issues have been
addressed, (4) The wish to leave the area undeveloped to keep the trees. Mr. Lawson said
he wished the city had public funds to buy some property to keep trees and not let it
develop, but that it didn't, but that the church had agreed to keep as many trees as
possible from a development standpoint in the 20% that he had mentioned earlier (5)
Staff appearing to be an advocate for the church. Mr. Lawson said he was only trying to
address the points from an informational standpoint, and did not agree with that. (6) The
concern that the amount of traffic volume would decrease the property values. Mr.
Lawson again cited the traffic study, which did not indicate that. (7) Concern over daily
events of the church would have significant impact during the day. Mr. Lawson stated
that from what they had learned, it would no have a great impact, that very small groups
of people come during the day. Mr. Lawson stated they were not saying Shackleford
Road is not a traffic issue, because it has been for many years. He stated that the
Planning Staff was a good development and that the church was going out of their way to
do everything they could to help the traffic problem in the area. In conclusion, Mr.
Lawson said he felt it was a good site plan that had been worked on for months and it is
being endorsed by the Walnut Valley Board, it is not as good as nothing being built there,
but that was not going to happen, it was not realistic, and could be developed with
buffers, or input from anyone because it's owned by the state. He stated they were still
concerned with the traffic but with the redesign of the Myra Lynn, Shackleford and
Breckenridge and the traffic signals that were going to be located in them, that the staff
felt very comfortable with this development as it stands.
At 8:05 P.M. Director Keck made a motion to recess to an executive session,
Director Adcock seconded the motion. A unanimous voice vote was taken, and the
meeting was recessed. The meeting reconvened at 8:23 P.M.
City Manager, Cy Carney announced the appointments for the Domestic Violence
Commission. The three at large position recommendations were: Ms. Elizabeth
Henderson, Mr. Gary Raper, Ms. Laima Smith, for Health Care Position, Ms. Wilda
Knox, the Education Position, Gary Westenhiser, and the Clinician Position, Mr. Glen
Meldahl. Director Keck made the motion to adopt the resolution to make the
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appointments, Director Adcock seconded the motion. The vote was unanimous by the
Board members present, and the resolution was adopted.
Speakers opposed to the church locating in the area were: Susan McGee, who filed the
petition to appeal the Ordinance, spoke against the church locating in their neighborhood.
Ms. McGee reiterated the eight points that Mr. Lawson had listed earlier, were very
important issues to her and the neighborhood, and the impact it would have on the
neighborhood. Bernice Van Sickel, Mr. Russell Lamont, Ruth Bell, Bob Price, Becky
Weaver, Jan Taylor, Peggy Fletcher, Barbara Levin. Jim Irwin,
Mike Coulson, William Sutton, Rex Horn, represented the church, and was there to
answer and respond to inquiries made by citizens and the Board.
Mayor Dailey declared the Public Hearing closed. Mayor Dailey asked the clerk to read
the resolution. The resolution was read, Director Cazort made a motion to adopt the
resolution, there was no second, and the motion failed, and the action of the
Planning Commission was upheld.
Mayor Dailey asked for the first reading of Item 18 an Ordinance titled NO. 18,252,
described as:
Item (18) REZONING PROPERTY LOCATED AT 2824 WEST 12TH
STRET FROM 11I -2" (LIGHT INDUSTRIAL DISTRICT) TO "C -3"
(GENERAL COMMERCIAL DISTRICT) AMENDING CHAPTER 36 OF
THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK,
ARKANSAS; AND FOR OTHER PURPOSES.
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. There was brief discussion concerning what would be built on the property.
The applicant, Norma Nash, answered questions concerning the store that would be built.
Ms. Nash stated they wanted to demolish two old buildings, and build one new building,
which would add to the neighborhood. By voice vote, the ordinance was passed
unanimously.
Consideration was then given to
Item (19) AN ORDINANCE REZONING PROPERTY LOCATED AT 9400
STAGECOACH ROAD FROM 1111-2" (SINGLE FAMILY DISTRICT) TO
'IMF-12" (TWELVE MULTI - FAMILY DISTRICT) AND "OS" (OPEN
SPACE DISTRICT) AMENDING CHAPTER 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND
FOR OTHER PURPOSES.
Mayor Dailey asked staff to give a brief overview of the item being considered. Jim
Lawson and Richard Wood, gave an overview of the property and application. Director
Adcock stated that the apartments no longer add to the community that drainage is a
major concern due to the increase in apartment structures in the area, and asked what was
being done to off set all the concrete being put in the Crystal Valley area. Bob Turner,
`- Public Works Director answered that the city has requirements for storm water detention
to account for the differential in run off between an area before it's paved and after it's
paved. The difference would be captured in a storm water detention facility and let out at
a rate that did not exceed the before condition. Mr. Turner stated there was two reasons
why property that did not flood in the past but floods today is the development itself,
creating more water, the other the proper grading of the yards. Director Adcock asked
Mr. Turner if two thousand apartments were constructed in this area, how much it would
cost the city to take care of the drainage problem. Mr. Turner stated that regardless of
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how many are constructed, this would still be a million dollar project that it should not
get larger than that. Mr. Turner stated this development should not add to the drainage
problem. Jim Gray and Dr. Thomas representing the owners of the property, stated
they met the approval of the Planning Commission and the Staff and that they would
answer any questions from the Board. There were no questions. Mr. Lynn Jenkins and
Mr. Oley Rooker spoke in opposition to the re- zoning. Dr. Thomas asked the Board to
grant the re- zoning. Mayor Dailey asked for the first reading of the ordinance. The
ordinance was read the first time. Director Keck made a motion, with Director Adcock
seconding the motion to suspend the rules and place on the second reading and third
readings. The ordinance was read the second and third time. Mayor Dailey asked for a
roll call vote, which was recorded as Yes — 2 — Directors Pugh and Lichty, No — 9 :
Directosr Hinton, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor
Dailey. The ordinance failed.
Mayor Dailey asked the Board if Items 20, 21, and 22 could be grouped and read
together. After the Board asked a few brief questions concerning Item 21 none of the
Board members objected to grouping the items. Items 20, 21, and 22 were 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. By a unanimous voice vote
of the Board members, the emergency clause was adopted —(Item 21). - Ordinance No.
18,255.
Item (20) Ordinance No. 18, 253, entitled:
AN ORDINANCE TO REZONE PROPERTY LOCATED AT 12805 I -30
FROM "R -2 TO MF -12 AND "OS ", AMENDING CHAPTER 36 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK,
ARKANSAS; AND FOR OTHER PURPOSES. (Read as a grouped item.)
Item (2 1) Ordinance No. 18, 254, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 8806
MABELVALE PIKE FROM "R -2" AND "I -2" AND "OS" 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. (Read as a grouped item.)
Item (22) Ordinance No. 18, 255, with the title being:
AN ORDINANCE AUTHORIZING AN EXTRATERRITORIAL
EXTENSION OF WATER SERVICE TO KINDER MORGAN POWER
COMPANY; APPROVING A CONTRACT FOR CONSTRUCTION OF
WATER FACILITIES; APPROVING THE ROUTE OF A WATER
PIPELINE TO SERVE CUSTOMERS OUTSIDE THE CITY OF LITTLE
ROCK, AND FOR RELATED PURPOSES; AND DECLARING AND
EMERGENCY. (Read as a grouped item.)
Mayor Dailey declared the public hearing open on Item 23.
There was no action for or in opposition of the proposed ordinance. Mayor Daily
declared the public hearing closed. Mayor Dailey then declared the public hearing open
on Item 31. There was no opposition to the ordinance. Mayor Dailey declared the public
hearing closed and asked for the first reading of Item 23 and Item 31. The ordinances
were 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. By unanimous
voice vote by Board members, the ordinances and the amendment was adopted. The
emergency clause in Item 31 was adopted.
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Item (23) Ordinance No. 18, 256, described as:
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF
HARRINGTON STREET AND EAST 12TH STREET BETWEEN
TOWNSEND AND HARRINGTON IN BLOCK 10 FAIRGROUNDS
ADDITION IN THE CITY OF LITTLE ROCK, ARKANSAS.IN THE CITY
OF LITTLE ROCK, ARKANSAS.
Item (3 1) Public Hearing & Ordinance No. 18, 259, described as:
AN ORDINANCE TO AMEND THE LITTLE ROCK TRANSPORTATION
CODE, CHAPTER 34 -35, TO AMEND CERTAIN MAXIMUM TAXI CAB
METER RATES AND ADDITIONAL CHARGES, AND FOR OTHER
PURPOSES. (Ordinance was amended to include an emergency clause.)
Consideration was then given to the City Manager's Activity Report:
Item (33) Mr. Carney gave a brief report on the Paint Your Heart Out
campaign. He passed out a news release that explained the committee and city
staff had met and agreed that the Paint Your Heart Out Program would
temporarily be discontinued this year, due to health issues in the removal of lead
based paint used on some of the homes designated in the program, but would look
at it again next year. The second item handed out to the Board members was a
packet of the entire 2 -year Community Block Grant consolidated plan for the year
2000 and 2001. Director Keck asked for an update on an expected time frame of
when the Board might go on line with the paperless system. Director Kelly asked
for discussion the following week on the Vision 2000 process at the Agenda
session. Mr. Carney stated he would address those issues in the next report.
Mayor Dailey asked for a motion to recess the meeting until the following
Tuesday. Director Adcock made the motion to recess, with Director Cazort
seconding the motion. All were in favor and the meeting recessed at 9:35 P.M.
with the Board of Directors to meet again in a reconvened session on April 11,
2000 at 4:00 P.M. The meeting was recessed to April 11, 2000.
ATTEST:
City Clerk Nancy Wood
11
APPROVED
ayor Jim Dailey
697
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