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Minutes
Board of Directors Room
City Hall — 500 W. Markham
Little Rock, Arkansas
September 5, 2000
The Board of Directors of the City of Little Rock, Arkansas, met in regular session with
Mayor Jim Daily presiding. Director Pugh gave the invocation, which was followed by
the Pledge of Allegiance. City Clerk, Nancy Wood called the roll with the following
Directors present: Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick,
Kumpuris, Kelly, and Adcock — total 10; Absent 0.
With a quorum present, Mayor Daily declared the Board of Directors in session and the
proceedings of the meetings are recorded as follows:
Director Keck made a motion to add the following additions:
Items M -1, M -2, M -3 to be added to the agenda. Director Lichty seconded the motion,
and by unanimous voice vote of members present, the items were added to the agenda.
Director Keck asked for items M -2 and M -3 to be placed on the consent agenda; all were
in favor. Director Adcock made a motion to defer Items 4 and Item 7 to October 3,
2000, and Item 13 to be removed from the agenda, and to place Item 18 on the consent
agenda, since her questions had been answered since the agenda meeting. Director Keck
had a couple of questions on regarding Item 18 on the regular agenda. Director Keck
asked City Manager Cy Carney, where was the source of the $113,000. Mr. Carney
responded that the first source was existing dollars relating to Curran Hall, approximately
$42,000 was still available, and the other source was from the general revenue sharing
account. Director Lichty seconded the motion, and by unanimous voice vote of members
present, Items 4 and 7 were deferred, and Item 13 was deleted. Director Keck asked if
there were any reason Items 17 and 18 and 23 could not be placed in the grouped items
on the agenda. There was no objection. Director Keck made a motion to place Items 17
and 18 and Item 23 as grouped items on the agenda. Director Adcock seconded the
motion, and by unanimous voice vote of members present, the three items were added to
the grouped items on the agenda.
M -1— RESOLUTION NO. 18,333 — Dispensing with the requirement of competitive
bidding and authorizing the City manager to enter into a contract extension with Pulaski
County, Arkansas for Alternative School Services; and for other purposes.
M -2. RESOLUTION NO. 10,882 — Re- instatement to the McArthur Military History
Commission (Joa Humphrey)
M -3. RESOLTUION NO. 10,883 — To approve extension of sewer to 120 acres on the
west side of South Katillus Road at Forrest Lane, outside the city limits.
4. MOTION - Z -6885 —To set the date of Public Hearing for September 19, 2000 on the appeal
of the Planning Commission's denial of a Planned Zoning Development and establishing a
Planned District — Industrial titled Petkovsek — Short Form PD -I located on the north side of
East 2 "d Street, approximately 400 feet east of John 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. (Deferred to October 3'd to set the date of public hearing for October 17.)
7. RESOLUTION - Listing various park properties descriptions and boundaries as part of the
Parks Master Plan. (Deferred at City Attorney's request.)
13. ORDINANCE - To approve the Tornado Disaster Area Targeted Neighborhood
Enhancement Plan, and for other purposes. (Public Hearing was held 8- 15 -00).
Mayor Dailey announced there would be no citizen input on Item 9, the proposed animal
ordinance. It would be Board discussion only.
Mayor Dailey at the request of a citizen there to speak in favor of Item 14, asked the
group of citizens who were present that were in favor of Item 14 to stand. He then asked
for those opposed to please stand.
Mayor Dailey read a proclamation declaring September as Prostate Cancer Awareness
Month in the City of Little Rock.
The consent agenda consisted of the following:
CONSENT AGENDA (Items 1 -7)
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1. MOTION - To approve minutes from reconvened Board of Directors Meetings held
July 25, 2000, August 8, 2000, and minutes from regular Board of Directors Meeting held
August 1, 2000.
2. RESOLUTION NO. 10,886 - To authorize local government endorsement of Syair
Designs, Inc., to participate in the Advantage Arkansas Program; and for other
purposes.
3. RESOLUTION NO. 10,887 - To set the date of Public Hearing for September 19,
2000, to vacate a public utility easement in Lot 2 of Greyrock Addition to the City of
Little Rock, Arkansas.
4. MOTION - Z -6885 —To set the date of Public Hearing for September 19, 2000 on
the appeal of the Planning Commission's denial of a Planned Zoning Development and
establishing a Planned District — Industrial titled Petkovsek — Short Form PD -I located
on the north side of East 2nd Street, approximately 400 feet east of John 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 (Deferred to October 3, 2000)
5. MOTION- To implement the Little Rock Board of Directors Finance and Budget
Policy Directive #1, Public Information and Reporting on City Finance and Budget Issues
6. MOTION - To implement the Little Rock Board of Directors Finance and Budget
Policy Directive #2, Special Project Reporting and Monitoring.
7. RESOLUTION - Listing various park properties descriptions and boundaries as part
of the Parks Master Plan. (Deferred )
M -2. RESOLUTION NO. 10,882 — Re- instatement to the McArthur Military History
Commission (Joa Humphrey)
M -3. RESOLTUION NO. 10,883 — To approve extension of sewer to 120 acres on the
west side of South Katillus Road at Forrest Lane, outside the city limits.
The consent agenda was read. A motion was made by Director Adcock to adopt the
consent agenda. The motion was seconded by Director Cazort, and by unanimous voice
vote of board members present, the consent agenda was adopted.
CITIZEN COMMUNICATIONS was next on the agenda. The first speaker was
Howard Hurst, 4608 Club Road, spoke about a drainage problem due to a creek that
runs under a house and up to the foundation of his property. He said the problem is the
creek runs under a house and a viaduct that is insufficient, so it floods about four yards of
homes. The sewage also overflows into these areas. He presented pictures of the areas
and the sewer main to the board of directors. Mac Core, 4603 Stonewall, spoke on the
same issue as Mr. Hurst. Pastor Gary Lambright, 5630 Mabelvale Pike asked on the
behalf of the membership of the Parkplace Baptist Church, located at 5630 Mabelvale
Pike, Little Rock, asked the board for special permission to thin timber (not clear cutting)
on church property located on David O'Dodd Road. Pictures of the property were
dispersed to the board members. Director Cazort said when the moratorium on trees was
passed, he understood this was for the purpose of potential commercial developments and
said he didn't think there had ever been discussion on the requirement or the need of
harvesting trees in areas that were not going to be developed. He said by the moratorium
it had been prohibited, but didn't think it had been thought through. Given the state of
wild fires in the western United States and Arkansas it's clear that something has to be
looked at to allow some thinning and clearing of undergrowth in areas that are not going
to be developed and are going to be left for timber. Director Cazort said he felt this issue
needed to be addressed. Director Keck stated given how certain areas of the city that are
heavily forested; how would the city go about, given the current parameters of the
moratorium, preventing the further spreading of the fires. He stated that maybe there was
some act that could be instituted on an emergency basis that would allow some
maintenance. Keck said he wasn't certain if we were an amendment that needed to be
offered or if there is something that could be offered in the ordinances being considered
tonight, there needed to be a provision, not only in this instance, but other instances
where people have, in the city, land that has been zoned accordingly to allow the harvest
of timber on a regular and routine basis, and has provide a means of living for people,
and now they are being restricted from doing it. Vice Mayor Wyrick stated this is the
second time a church has come to the board and request the same sort of things to happen
regarding the harvesting of timber on land they owned. Vice Mayor Wyrick stated that
when this was before the board the last time, they were told that the moratorium is in
effect and the cutting of the trees was not allowed under the moratorium. She said in her
mind this was revenue for this church and the previous church that was before the board,
and wanted to know if the city had the right as a city to restrict someone from revenue
generated from a crop that they have planted and grown for twenty something years. Mr.
Carpenter said the city stops revenue producing items all the time because you determine
it is not in the best public interest of part of the city's overall policy. Mr. Carpenter stated
the problem with the moratorium waiver issue is that once you go down that road, you
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have lost the moratorium and that where the board has been concerned. There have been
a couple of issues that have arisen where it is a need to thin, based upon the health of the
trees, the safety of the area. There has been some cutting under these conditions, but not
allowed to harvest for a crop. Director Kelly asked Mr. Bob Turner, Public Works
Director if in the absence of the moratorium, if there is any restrictions on which property
zoned a certain way can or can't harvest trees. Mr. Turner answered that trees or
property under the current ordinance in place now, not counting the moratorium, property
that is zoned agricultural, or forestry or mining, are exempted from the provisions of tree
clearing. The are allowed to clear without a plan. Ms. Marian Elliott, 2101 Main Street
, spoke on the issue of installing a traffic light at Roosevelt and Battery, that the area
meets the requirements for a signal. She asked for the light to be included in the City's
2001 budget. Johnny Wilson, 3022 Wolfe Street, asked the Board's support in obtaining
a traffic light at the Roosevelt and Battery Street location. Debbie Hinson, 11 Longlea
Cove, spoke for several residents in West Little Rock, in getting the spirit of the tree
ordinance, and city planning in general. She cited changes have been astounding in the
last several years, and maybe the growth of the city depends on what the city chooses not
to destroy. Dee White, 120 S. Johnson, spoke about the heat situation in Little Rock, and
the fact that some relief can be found in the shade of trees, and her issue was the
destruction of a buffer zone that occurred around the location of the historic Whitewater
Tavern. She said there was a petition turned in against the destruction of the complete
destruction of that buffer zone, and the City allowed it to happen, just as a vote had been
changed to allow the destruction of one of the most beautiful shade canopies in Hillcrest
between B and C Streets. She implied that the City's Vision Team appears to have the
wrong priorities.
8. PUBLIC HEARING & ORDINANCE NO. 18,336 - To vacate and close the right -
of -way at Strickland Cove Street between Butler Road and the end of Strickland
Streets, in the Strickland Cove Addition to the City of Little Rock, Arkansas. Mayor
Dailey declared the Public Hearing open. Director Kelly questioned the Planning
Commission vote. It was determined that the vote on Item 8 and the vote on Item 9 were
reversed. The vote 8 yes, 0 no, belong to Item 8 and the vote 5 yes, 4 no, and 3 absent
belonged to item 9. Mr. Bob Turner, Public Works Director, confirmed this was how the
vote should have been recorded. Mr. Don Darnell, President of the Wakefield
Neighborhood Association, stated they were pleased this has come to fruition, the
reconstruction on those properties has begun and this organization was in support. Mayor
Dailey stated this was an incredible success story. Mayor Dailey closed the Public
Hearing and asked for the First reading of the ordinance. Director Adcock moved for the
rules to be suspended and place the ordinance on second reading. The motion was
seconded by Director Keck, the motion was unanimously approved and the ordinance
was read the second time. Director Adcock moved to suspend the rules and place on
third and final reading. Director Cazort seconded the motion, by unanimous voice vote
the motion carried, and the ordinance was read the third and final time. By unanimous
voice vote of board members present, the ordinance was adopted.
9. PUBLIC HEARING & ORDINANCE NO. 18,337- To vacate and close the right -
of -way at Lorena Avenue located west of Atkins Road for 294 feet in Block 1,
Gibraltar Heights Addition to the City of Little Rock, Arkansas. Mayor Daily opened
the Public Hearing, Director Kelly stated he was curious about the vote being 5 yes and 4
no. Mr. Pat McGetrick, the project engineer stated that the development has passed,
and approved, the only thing remaining was the closing of Lorena Avenue that will
become open space, and green space, increasing it to forty five feet rather than 25 feet.
Director Adcock asked Mr. Turner, Public Works Director, why there was no
neighborhood input. Mr. Turner replied that there had been significant neighborhood
input during the process of the entire development. Mr. Turner said he was not sure why
"no neighborhood input was indicated, but there was a significant amount although the
process of the development. Director Adcock asked if there was any neighborhood
opposition on the vacating of Lorena Avenue. Mr. Turner indicated here was not.
Director Adcock asked Mr. Turner if he knew why four Planning Commissioners vote
no. Mr. Turner referred the question to Mr. McGetrick, who stated the opposition was
primarily from the neighborhood concerning a commercial part of the development that
was located close to the intersection of Markham and Atkins Street. He stated the portion
closed to Lorena Avenue is small office area, residential type office buildings, and the
adjoining property owners to the south, wanted to keep their trees, which were already
planted in Lorena Avenue. They thought it was just green space rather than a city right of
way. They wanted the street closed so they could maintain the trees that have been
planted in the area. Director Adcock asked if those in opposition had been notified of the
hearing date. Mr. Turner responded that they had. There being no citizen opposition, Mr.
Daily closed the hearing and asked for the ordinance to be read the first time. The
ordinance was read the first time. Director Adcock moved to suspend the rules and place
on second reading, the motion was seconded by Directory Pugh, and by unanimous voice
vote of members present, the motion carried and the ordinance was read the second time.
Direct Adcock moved to suspend the rules and place on third and final reading. Director
Cazort seconded the motion, by unanimous voice vote of members present, the motion
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carried and the ordinance was read the third and final time. Director Adcock said she
was not comfortable with this item because there was not sufficient support material.
Director Kelly said he was also concerned that there was a five — four vote, and not
enough information. He said he was comfortable with the fact the neighborhood
objections were to the commercial development not to this issue and was comfortable
voting. The vote was recorded as: Director Adcock voted no, Vice Mayor Wyrick and
Director Stewart abstained. The ordinance was adopted.
Director Cazort stated that he had asked for Item 23 to be held separate, but to move
things along, could he get a brief description of what changes in the Airport Zoning
Ordinance were being made. Mr. Carpenter, City Attorney answered that most of the
ordinance was a technical change, to come in compliance with some federal regulations.
He said if he understood it correctly, the runway from sea level has gone to 312 feet form
310 feet, but other than that it's all pretty technical. Director Cazort then asked for the
item to be read as one of the grouped items.
The grouped items consisting of Items 10, 11, 12, 18, and 23 were read the first time.
10. ORDINANCE NO. 18,338 - Z- 6643 -A - Approving modification to a Planned
Zoning District and providing for the establishment of a Planned Zoning Development,
titled Fence Word - Revised PD -C, located at 5810 Stagecoach Road, in the City of
Little Rock, Arkansas, amending Ordinance No. 18,017 and Chapter 36 of the Code of
Ordinances for the City of Little Rock, Arkansas and for other purposes.
11. ORDINANCE NO. 18,339 - Z -6323 — Approving modification to a Planned Zoning
District and providing for the establishment a Planned Zoning Development titled The
Village at Rahling Road (lots 9A and 9B), located at the southeast corner of Chenal
Parkway and Rahling Road ( Rahling Circle), in the City of Little Rock, amending
Ordinances 17,542 and 18,235 and Chapter 36 of the Code of ordinances to the City of
Little Rock, Arkansas and for other purposes. (
12. ORDINANCE NO. 18,340 - Z- 6178 -D — Approving modification to a Planned
Zoning District and providing for the establishment of a Planned Zoning Development
titled Stagecoach Village (Lot 2) — Short Form POD located at 9222 Stagecoach
Road, in the City of Little Rock, Arkansas, amending Ordinance No. 18,234 and Chapter
36 of the Code of ordinances of the City of Little Rock, Arkansas and for other purposes.
(Planning Commission: 9 yes, 0 no, 2 absent.) Staff recommends approval.
13. ORDINANCE To approve the Tornado Disaster Area Targeted Neighborhood
Enhancement Plan, and for other purposes. (Public Hearing was held 8- 15 -00) —
(Ordinance being prepared by City Attorney.) (Item deleted.)
18. ORDINANCE NO. 18342 - Z- 6178 -C - Approving a Planned Zoning and
Development and establishing a Planned Commercial District titled Stagecoach Village
(Lot 4) — Short Form PCD, located on the west side of Stagecoach Road,
approximately 1600 feet south of Baseline 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.
23. ORDINANCE NO. 18,343 - Amending Ordinance No. 14,613 known as "Adams
Field Airport Zoning Ordinance."
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 of board members present the ordinances were adopted.
14. RESOLUTION NO. 10,888 - To rename 14th Street from Commerce to Woodrow
Streets, Daisy L. Gatson Bates Drive. Larry Ross stated he had been an honor and
blessing to know Ms. Bates, and to have been a friend and associate, and spoke in favor
of passing the resolution. Johnny Hason, 2421 Pulaski Street, asked the board to
consider changing the street name to L.C. and Daisy Bates Street to incorporate her
husband's name in the renaming of the street. Ms. Leta Anthony, 4215 W. 11th Street,
paid tribute to Ms. Bates, and encouraged the passage of the resolution to further
institutionalize her efforts to this City and the nation. Ms. Annie Abrams, 1925 Wolfe
Street, stated for a name to officially be recognized in public infrastructures of a
governmental unit, it must serve the better common good for all of it's citizens. She
stated the name Daisy Bates meet these standards, and therefore renaming of 14th Street
to Daisy Lee Gaston Bates Street will serve the better common good of the City, and
urged the passage of the resolution. Mary Louise Williams, Quorum Court Member,
state she was Ms. Bates neighbor, and felt very close to her. She stated Ms. Bates had
encouraged her as well as many young people to move ahead. She stated she felt it
would be an honor to have the street named for Ms. Bates. The resolution was read,
Director Keck moved to adopt the resolution, Director Adcock seconded the motion, and
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by unanimous voice vote the resolution was adopted. Assistant City manager Bruce
Moore announced the effective date of the street name change would be on November
11, 2000, Ms. Bates birth date. A planning committee would be formed made up of
mostly people present tonight, to help plan the event. Secretary Slater has already been
contacted in regards to attending the event. He said the public would be informed as
soon as the details come together.
15. ORDINANCE - Amending Chapter 30 of the Code of Ordinances Chapter 30, of the
City of Little Rock, Arkansas, Providing for Traffic Signal Requirements at
Intersections. (Amendment of Article VI. Sec. 30 -281 General Requirements.) (Deferred
to October 3, 2000.) The ordinance was read one time. Mr. Bob Turner , Director of
Public Works, asked for a delay due to the fact that they had not been taken and tested
against the community, the engineers, developers, etc.. He said they thought they had
-- covered all the bases but in fact had not. A motion was made by Director Lichty to defer
the item to the first meeting in October. Director Adcock seconded the motion. By
unanimous voice vote of the board members present, the motion was accepted.
16. ORDINANCE - Z -6883 — Approving a Planned Zoning Development and
establishing a Planned Residential District titled Gill- PRD, located at 5209/5215 "J"
Street and 5212 "I" Street in the City of Little Rock, amending Chapter 36 of the Code
of Ordinances of the City of Little Rock; amending Chapter 36 of the Code of Ordinances
of the City of Little Rock; and for other purposes. (Deferred to October 3, 2000.) Mr.
Jim Lawson , Director of Planning and Development, gave a brief overview of the
development, he said the planning staff did not recommend the development to this
neighborhood as they believed it did not fit the character of the neighborhood. There
were a few questions from the board members concerning effects of parking, the amount
of green space that would be affected, and the fit of the development to the
neighborhood. The following speakers were in favor of the development. The first
speaker was the owner, Mr. John Gill. He stated he and his brother owned the property
and it had been in the family for a long time. He said he had been a long time resident of
the neighborhood, and own several of the houses in the area, and a six unit apartment
complex. He said they also own the vacant lot next to the house that would be torn down.
He said the plan to be approved tonight was that of a paid professional architect, with the
plan and the cost, they have already invested almost $4500. He said they have tried to
keep with the neighborhood, and would serve the entire community, and stated he
believed they had done that. Mr. Craig Berry, Vice Chair of the Planning Commission,
was the next speaker in favor of the development. He stated that the Planning
Commission had approved the applications after attaching certain conditions, one of
which to eliminate the access off "I" Street. Mr. Dwight Blissard, the developer, stated
the old house which faces "J" Street, is a house that is in a old condition, and to see a
developer that is willing to take this older piece of property down that the use is
beginning to fade and inject anywhere from $400,000 to $500,000 into the development
to the development of a new piece of property in that neighborhood, he would like to
recommend a vote in favor of the development. The speakers who opposed were Mrs.
George Thompson, 1416 Northwick, stated she and her husband owned the property
directly to the west of the proposed development. She said the dimensions of the
proposed development are very large. She said there is already a drainage problem, and
any building would obstruct that drainage. Mr. Dewitt Shotts, 5216 "I" Street was the
next speaker in opposition to the development. He presented charts of the neighborhood
and the proposed development. He said the size is a big factor. He said he was for
improvement of the property, but is to large a development to be a good fit in this
particular area, and he also had concern for the trees he would lose on his property if the
development is approved. Mr. Keith Lynch, 5222 "I" Street, spoke in opposition to the
development, stating this project was much to large for the area. He said they wanted
responsible development, and asked the neighborhood folks to stand and be recognized.
He said they have neighbors who have lived in this neighborhood for 50 years, and over
that period of time, the property has decreased in maintenance standards. He said he was
concerned that over the forty year, history what has happened with Mr. Gill's property is
that they have not been attended properly. He asked for a delay so they could continue to
talk about the plan, maybe some alternative development, sized to the appropriate scale.
Director Adcock asked Mr. Gill if he would consider delaying this for two weeks. Mr.
Gill said he was about worn out, and thought the plan was clear. He said he had made
concessions to the neighborhood. He said he would do what the board wanted, if they
wanted a two -week delay, he would agree to the delay. Director Adcock made a motion
to delay the meeting on the condition that both sides would be willing to sit down and
meet. Director Stewart seconded the motion. Director Lichty was opposed to the motion
to delay. All other board members present were in favor. The motion was approved.
Director Adcock volunteered to work with Mr. Gill and the neighborhood. The board
recessed at 8:10 PM and reconvened at 8:30 PM.
17. ORDINANCE NO. 18,341- Z -6884 — Approving a Planned Zoning Development
and establishing a Planned District — Commercial, titled Jones — Short Form PD -C,
located at 3222 W. 12th Street, in the City of Little Rock, Arkansas, amending Chapter
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36 of the Code of Ordinances of the City of Little Rock; and for other purposes. The
ordinance was read the first time. Director Hinton stated he had not heard of one
neighborhood person who has opposed the development, and that was unusual, and
thought perhaps the notice did not go out. He said there are five neighborhood
associations in the area, and this was very unusual. He asked about traffic, maintenance,
etc. Mr. Jim Lawson, Director of Planning and Development gave an overview of the
proposed development. He said the plan was to convert the house at this location from a
house to a beauty salon, and this was the only thing it could be used for. If this salon
went out of business, then it would convert back to a home. He said everyone within 300
feet and the various neighborhood associations were notified. He said they have not
heard anything from any of these associations either. Ms. Bonnie Jones 1872 Schiller
Street, the applicant, addressed the board, saying that she was going to put scrubs in the
back, that she had spoken to some of the neighbors who live close around the property,
approved, and planned to keep the property looking nice. Director Adcock moved to
suspend the rules and place the item on seconded reading. Director Lichty seconded the
motion. The ordinance was read the second time, on a motion by Director Adcock and a
second by Director Keck, rules were suspended and the ordinance was read the third and
final time. By unanimous voice vote of board members present, the ordinance was
adopted.
Mr. Jim Lawson, Planning and Development Director gave a staff presentation on the
proposed tree and landscaping ordinances. Mr. Lawson stated the present ordinance was
done in 1990. He said from a staff standpoint; felt they had come a long way. He stated
they have taken a landscape ordinance that was in fairly good shape and have made it a
lot better. He gave an overview of what has been happening over the past ten years.
There was some brief discussion by board members on various points of the overview.
Mr. Bob Turner, Director of Public Works spoke on the land alteration requirements,
explaining that what happened was that changes were made to the existing ordinance to
modify to make additional requirements. He explained various points of comparison
between the existing ordinance and the proposed ordinance. There was some discussion
regarding tree harvesting. Mr. Turner said some of those areas could be made clearer in
the proposed ordinance. Director Hinton asked about violators of the ordinance. Mr.
Turner advised that citations would be issued, and that it would go to the municipal court.
Director Hinton asked if when citations were issued would they be specific as to the
violation. Mr. Turner said they would be specific as to which section, etc. that was
violated. Mr. Tom Carpenter, City Attorney addressed the issue, saying that was no the
only remedy, that if you had a situation where someone started to clear cut an area, while
staff may be writing a citation, the legal department would be seeking an injunction in
court, to get them to cease and desist. Mr. Lawson thanked all the volunteers and the
staff who worked on the ordinances, and asked if there are changes, if staff could be
informed ahead of time, due to the fact that the ordinances are all entwined, and if one
part is changed it may have an impact on another part of the ordinances. Mr. Carpenter
stated he wanted to add one thing to Mr. Hinton's inquiry as to enforcement of violations,
stated that the current situation now in the courts is that the citation would be in our
municipal court and would have to go to chancery court to do any type of injunctive
relief. On the ballot this year will be a constitutional amendment for the judicial article,
which if it passes, could give our municipal court the authority to deal with everything,
which would make any enforcement action a lot more prompt.
Mr. John Baker was the first speaker, representing the task force, summarized the
efforts of the task force and urged the board to adopt all three ordinances as written,
unamended, and get them on the books as soon as possible. He said there are a lot of
issues that have spun out of this process, and will be debated for months to come, and
applauded that, but every question cannot be answered, and the task force has done the
best they could do, and have followed the charge to improved development. He stated
incentives have been created for preserving trees, have encouraged planting of certain
trees, and size of trees, especially the size of trees under power lines. The final two points
the task force wished to be known are the tree harvesting issue, is the goal they will not
be able to have indiscriminate cutting. Mr. Baker stated he disagreed with Mr. Lawson
and Mr. Turner on the number of personnel it would take for enforcement. He said the
city would need an arborist, more enforcement personnel to make sure people are
following approved site plans, that they are planting the way they should be planting and
that irrigation is done properly. He stated that last week members of the task force
reached a consensus that an in lieu provision tree fund should be established. He asked
that all three ordinances and the in lieu provision be passed. Mr. Dickson Flake, 17 St.
John Place was the next speaker, who served as a member of the mediation group, and
advocated the ordinances be passed in their entirely as presented. He said it's a real
fragile balance and many provisions were linked in their resolution but the compromises
were linked. He said this is the fourth citizens group in which he as participated in the
last several years. He said two were not passed, one was amended, and in his opinion in
interest of citizen willingness to participate in this type of process, and preserve this
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compromise, asked that the board pass the ordinances as presented tonight. urged the
board to pass the ordinances as presented.
Director Kelly asked Mr. Flake if that included the in lieu recommendation, and Mr.
Flake said it did. Mr. Jim Wood, 1711 Hillsborough, said he came tonight with three
hats on, one as a citizen, as a contractor, and an owner of some commercial property. He
said it's time to pass the ordinances in good faith. Ms. Mary Zehr, 1216 Old Charter
Ct., stated that what she had to present tonight was a part of the original task force
proposals, but not part of what is before the board now, and it's an issue that is near and
dear to her. She said it had to do with utility easements and buffers. She stated she
thought they had a fifty -foot buffer, and they have watched the zoned area be violated
time and again. She stated they just wanted the buffer to be preserved to ensure the
livability of their homes. Director Keck asked if maybe an independent provision needed
to be made to address this issue. Mr. Carney, City Manager agreed that this needed to be
looked at a possible a piece of new legislation. Mr. Hank Kelly, 13609 St. Charles,
served on the mediation effort, and said he would echo what Mr. Flake had said earlier,
and urged the board to pass the ordinances. Ms. Ruth Bell, 7611 Briarwood,
representing the League of Women Voters, stated they saw the ordinances as a package.
She said their primary concern was enforcement, and the need for public information
programs by the City to help inform both the citizens and the industry. Asked the board
to consider a Public Information Campaign to inform citizens and one directed to the
people who will be asking for these permits and planning permissions, and more staff, as
they see it as a bigger job than just adding one more person to the planning staff.
Director Lichty followed up by saying he thought this was an excellent idea, and thought
there should be a graphic depiction of how this new group of ordinances impacts certain
scenarios, both graphically and physically. He said until people can see how the
ordinances actually impact something it's difficult to grasp. Ms. Dottie Funk, CO-
chairman of the task force, stated that Frank Riggins, of the Mel burger Firm, did a study
showing how the ordinances would impact several sites, and said there could be more
done. Director Lichty said that since they had done the groundwork, then it should be
fairly simple to update the study. Mr. Doug Akin, 14605 Woodcreek, an Arborist and
Forester, thanked everyone who worked on the ordinances, and stated he really like the
ordinances but there were one or two things he had small problems with. He said Land
Use Buffers couldn't function as intended with requiring tree preservation. He said the
second problem he had was that he believed there is inadequate tree preservation where
there is the voluntary tree preservation as the ordinance is now written. He stated that the
ordinance specifies that 75% of what is called the critical root zone of the tree must be
preserved in order to preserve a tree. He said he believed that was inadequate. He said
there should be 100% of the critical root zone preserved. Vice mayor Wyrick asked Mr.
Akin what he was referring to as a land use Buffer? Mr. Akin said he didn't have the
definition as used in the ordinance. Vice Mayor Wyrick asked if it was a combination of
utility and buffer, because a utility easement is utility and a buffer is a buffer and the two
in her opinion should not overlap. Mr. Akin said he agreed. She stated that any type of
utility can go through there and if his suggestion was to preserve it as buffer with trees it
would not work. He said he thought a Land Use Buffer was any buffer between uses of
different types. Director Kelly said it is the area not in front, but the area between the
development and the next development of a less intense use. The buffer is to preserve
sight, sound, buffering yet could be as narrow as 9 feet in some areas, and the utility
easements can be 7 '/2 feet wide, which means there is only 1 %2 foot left in the land use
buffer between these areas of different use, and felt this was a real concern. Vice Mayor
Wyrick asked Mr. Akin if that was what he was addressing? He said no, what he was
addressing was that in the ordinance right now, all tree preservation is voluntary, even
within a land Use Buffer and he thought it should be required within the Land Use
Buffer. Mr. John Baker stated that within a Land Use Buffer, as the ordinance is
written, 70% of that land Use Buffer is to remain undisturbed. Director Kelly asked if
there is a 100% area, and trees exist in 30% of that buffered area, and they select the
other 70 %, they can in fact not preserve any trees in the buffer area. Mr. Baker said
theoretically, yes, that was correct. Mr. Gene Pfeifer, 16300 Cantrell, served as a
member of the negotiating team, and said that their product was not the perfect set of
ordinances but that it was a perfect balance. He stated there are developments coming
down the pike in the next few weeks, and months, and asked the board to get the
ordinances on the books quickly. He said the process was a wonderful process; they
-- developed a great deal of mutual respect and a true fondness for one another. He said to
endorse the process he would recommend the board pass the proposed ordinances, as is.
Mr. Craig Berry, 480 Ridgeway, Vice Chair of the Planning Commission, stated that
after 18 months of the legislative process, said if they had not gone through the mediation
process, it would not be before the board tonight. He said the mediation effort was a
public process, and the public eye was upon them. He asked the board to pass the
ordinance, as had the Planning Commission. He said he would discourage any
amendments because he felt it would do a disservice to the mediation group.
19. ORDINANCE - Amending Chapter 15 of the Little Rock, Arkansas, Revised Code
entitled "Landscaping and Tree Protection" adding sections to Article I "In General ",
V/
790
amending Article II "City Beautiful Commission: by adding a section concerning
appeals,; deleting Articles III "Tree protection" and Article IV "landscaping of Vehicular
use areas and public right of way" entirely and substituting replacement provisions
therefore; and for other purposes. (First Reading Only)
20. ORDINANCE - Amending Chapter 36 of the Little Rock, Arkansas Revised Code,
1988, providing for the establishment of new regulations pertaining to buffers; for the
deletion of current standards in conflict; and for other purposes. (First Reading Only)
21. ORDINANCE - Amending Chapter 29 of the Little Rock, Arkansas Revised Code,
1988, providing for the amendment of Article I "In General ", Section 29 -1, definitions,
by adding the definition of "Clearing" and by amending the definition of "Land
Alteration "; deleting Article VI, "Land Alteration Regulations" entirely and substitution
replacement provisions therefore; and for other purposes. (First Reading Only)
The ordinances were read the first time.
24. RESOLUTION - To create an Urban Forestry Initiative, to allow the planting of
trees along the public rights of way throughout the City of Little Rock. (Language
subject to change.) (Resolution forthcoming.) Mr. Carney, City Manager, stated the
proposal calls for limited funding for the bounds of this year, now thought December 31S`,
and the idea is that this funding would be primarily to buy equipment but also to
accomplish other things. The funding would not come from the billboard fund but from
general revenue sharing funds and other special project money for the balance of this
year. The idea is the board deliberates on the 2001 budget, that funding would be looked
at the year 2001 and beyond, using all sources of dollars available, and would have a staff
recommendation to the board. Mr. Carney asked that the resolution not be acted on
tonight but rather in conjunction with the boards deliberation in two weeks, consider this
item with the three ordinances just read, and keep them locked together as a group to be
acted on as the entire package. Mr. Bryan Day, Director of Parks and Recreation, gave a
review of the key points of the resolution. He said they have struggled each years for
ways to preserve the trees. He said this is an opportunity to create a program that will
help, and go hand in hand with the ordinances being considered. He said this would also
quality Little Rock for other recognitions such as the National Tree City Designation
form the National Arbor Day Foundation or the grants from the Forest Service and
Department of Forestry. He presented some sketches of potential projects. He said two
critical components would be money for staffing, the second component the are
recommending is a funding component for two opportunities, one for the neighborhood
grants, giving neighborhoods a change to apply to the city for grants to plant trees. The
second part of this component would be a larger pot of money, for an annual tree fund.
That fund would allow for projects such as proposed in the sketches, and work with
existing and future developments to look at rights of way, public spaces to go in a put
trees into the ground as well as maintain trees that are diseased and dying, and those that
are dead and need to be removed. The third component is an equipment component, and
finally the routine component of contracts, such as folks to help water. He said this type
of money would mean significant improvements to the city. Director Kumpuris said he
felt Mr. Day was 100% right but did not want to see a program that does not have an
arborist in it and no mechanism for maintaining the trees. He said if the city is going into
public landscaping business, there needs to be a definite plan. Director Kelly said he was
also glad the city was looking at this proposed resolution, and one question he had was if
we are really interested in increasing the canopy area for the city, why is it that $400,000
a year is being spent now planting new tress, rather than buying spaces that already have
existing trees. Mr. Day said that was a financial question, the Department of parks and
Recreation if they were going to take the lead, they had no money, no acquisition fund in
15 years, and haven't had an urban forestry program in 15 years either, but felt this was
an opportunity to address this. Director Kelly asked why equipment was being purchased
first instead of buying trees and planting them. Mr. Day said the equipment is critical to
maintaining trees. He said they have got to have a watering truck, and even though they
are not staffed to take on all aspects of the program, if they had the equipment they could
address themselves in emergency situations, such as storms, droughts, existing staff could
at least address those issues. Mr. Day said the plan is a start, there are a number of details
to be worked out. He said there has got to be a plan. They can begin to work with other
groups. He said the plan is a start, but it is not perfect. He said a little money can go
along way, and asked for support of the resolution. Director Keck asked if maybe the
waterworks department might be asked to partner with the city on the plan. Ms. Ruth
Bell, League of Women Voters, stated her group wondered where all the money in 2001
would come from to do all of the things that had been discussed.
22. DISCUSSION - Of an in lieu provision in the Landscaping and Tree Protection
Ordinance, and the use of utility easements as buffers and franchise agreements.
791
25. REPORT - City Manager's Activity Report. Mr. Cy Carney, City manager did not
have a report for this meeting.
26 RESOLUTION NO. 10,889 - To make appointments to Vision Little Rock, and
M -1. RESOLTUION NO. 10, 890, Appointments to Various Boards and
Commissions. Director Adcock made a motion to go into executive session to consider
appointments. Director Cazort seconded the motion, and the meeting was recessed at
10:47 PM. The meeting reconvened at 11:00 PM. Mr. Carney announced the
recommendations were: Little Rock Municipal Airport Commission: Re- instatement of
ms. Lottie Shackleford, The Racial Cultural Diversity Commission, Mr. Jerry Husley,
the Commission on Domestic Violence, Ms. Michelle Bailey- re- appointment and
appointment of Ms. Kim Holland, the Military History Commission, Mr. Charles
Carpenter, Ms. Linda Norton, and Mr. Ron Fuller, the River Market District Design
Review Committee, Ms. Christy Tilbury, and Mr. Larry Jackamore, reappointments,
the Education Commission, Mr. Frank Cox as the Chamber of Commerce
Representative, and Ms. Lena Carter Gilliam, the At Large position, the Oakland
Fraternal Cemetery Board, Beverly Broadnax- Thrasher- re- appointment, and Mr.
James Griffith, the Central Arkansas Transit Authority, Ms. Jennifer Love- re-
appointment, the Zoo Board of Governors, Ms. Felicia Hobbs — re- appointment, and
Vision Little Rock Committee, appointment to the Executive Team, of the Cultural and
Tourism Workgroup, Mr. Barry Travis, The Education, Youth and Senior Strategies
Workgroup of Vision Little Rock, appointment to the Executive Team, Mr. Bruce
Bennett, and Mr. Fredrick Chilcoat, and the Housing Workgroup of Vision Little Rock,
Ms. Charlotte Craig as Co- Chair. Director Keck made the motion to adopt the
appointments, Director Pugh seconded the motion, by unanimous voice vote of board
members present, the appointments were approved, and the resolution adopted.
Director Cazort made a motion to adjourn. Director Adcock seconded the motion. All
board members present were in favor of adjourning. The meeting adjourned at 11:10
PM.
ATTEST: APPROVED:
City Clerk NancyWood Mayor Jim Dailey
E