12-04-07ist
City of Little Rock
Office of the City Hall - 200
City Clerk 500 W. Markham Street
Little Rock, Arkansas 72201 -1429
Phone: (501) 371 -6803
STATE OFARKANSAS
COUNTY OF PULASKI
CITY OF LITTLE ROCK
CERTIFICATE
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1, Nataki S. Blocker, Assistant City Clerk, within and for the City aforesaid, do hereby
certify that the foregoing is a true and correct copy of an excerpt of Minutes of a meeting of the
Board of Directors of the City of Little Rock, Arkansas, held on December 4, 2007, as the same
now appears of record in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of office on this 22nd
day of January 2008.
NATAKI S. BLOCKER
ASSISTANT CITY CLERK
City of Little Rock, Arkansas
"These minutes were passed by the Board of Direclors at their January 15, 2008 meeting. _ - OF
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Little Rock Board of Directors Meeting — Minutes — December 4, 2007
MINUTES
BOARD OF DIRECTORS MEETING
City Hall — 500 W. Markham
December 4, 2007 — 6:00 PM
The Board of Directors of the City of Little Rock, Arkansas met in a regular session with Mayor
Stodola presiding. Nancy Wood, City Clerk, called the roll with the following directors present:
Hendrix, Cazort, Wright, Wyrick, Keck, Kumpuris, Fortson, Adcock, Vice Mayor Hurst, and
Mayor Stodola. Director Richardson was absent. Director Adcock gave the invocation, which
was followed by the Pledge of Allegiance.
Mayor Stodola asked for a moment of silence in memory of Patricia Musticchi a long time city
employee in the Information Technology department and her father -in -law who were killed in a
plane crash over the Thanksgiving holiday weekend.
PRESENTATIONS:
Employee Retirement — Bobbie Forbush
Bicycle Friendly Community Award — Ken Gould
ADDITION
M -1. ORDINANCE - Deferred to December 11 Reconvened meeting. - To amend Chapter 6
of the Code of Ordinances pertaining to Dogs; and for other purposes. Staff recommends
approval. Synopsis: In response to citizen concerns about a growing population of Pit
Bulls within the city, the Animal Services Advisory Board proposes legislation to regulate
the ownership of designated Pit Bull type breeds.
DEFERRAL
29. ORDINANCE - To amend Chapter 12, Article I of the Little Rock City Code (1988) to add
a section to prohibit the retail sale of or distribution of novelty lighters within the territorial
jurisdiction of the City of Little Rock, Arkansas. Staff recommends approval. Synopsis: The
Little Rock Fire Department is requesting that the City Board of Directors approve
amending Chapter 12, Article I of the Little Rock Code to add a section to prohibit the
retail sale or distribution of novelty lighters within the territorial jurisdiction of the City of
Little Rock. A novelty lighter is defined as a lighter that has entertaining audio or visual
effects, or that depicts or resembles in physical form or function articles commonly
recognized as appealing to or intended for use by children. Exception would be made for
lighters manufactured prior to 1980, or lighters which are not operational.
Director Adcock, seconded by Director Keck, made the motion to add Item M -1 to the agenda
and to defer Item 29. By unanimous voice vote of the Board members present Item M -1 was
added and Item 29 was deferred.
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Little Rock Board of Directors Meeting — Minutes — December 4, 2007
Mayor Stodola indicated that he would like to have the first reading of M -1 tonight and to let
those present go ahead with their comments on the item so that they could leave if they needed
to. Director Keck requested that the reading occur after the Consent Agenda and Citizens
Communications.
Mayor Stodola requested the reading if the Consent Agenda to include Item 4.
CONSENT AGENDA (Items 1— 3)
1. MOTION - To approve the minutes of the Little Rock Board of Directors Meeting of
November 6, 2007.
2. MOTION - MSP07 -02 — To set the date of public hearing for December 18, 2007, to amend
the Master Street Plan (19,152) modifying the design standard for Pinnacle Valley Road, from
Cantrell Road to County Farm Road; and for other purposes. Planning Commission: 4 ayes,
7 nays. Staff recommends approval. Synopsis: A Master Street Plan Amendment to adopt a
modified design standard for Pinnacle Valley Road from Cantrell Road to County Farm
Road.
3. RESOLUTION 12,617 - G -23 -393 — To set the date of public hearing for December 18,
2007, on a request to abandon a public right -of -way located in Block 360 and 361, Original City
of Little Rock Addition. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends
approval. Synopsis: The applicant is requesting a portion of the alley located in Block 360
and Block 361 of the Original City of Little Rock Addition be abandoned as public right -of-
way including all easements.
SEPARATE ITEM (Item 4)
4. RESOLUTION 12,618 - Of the City of Little Rock, Arkansas, to appoint successor
Commissioners to fill vacancies on the Board of the Chenal Valley Municipal Property Owners
Multipurpose Improvement District No. 4, of the City of Little Rock, Arkansas. Synopsis:
There are presently two vacancies on the Board of Commissioners of Chenal Valley
Municipal Property Owners Multipurpose Improvement District No. 4 of the City of Little
Rock, Arkansas.
The Consent Agenda (Items 1 -4) was read. Director Adcock, seconded by Director Cazort,
made a motion to adopt the Consent Agenda. By unanimous voice vote of the Board Members
present, the Consent Agenda (Items 1 -4) was adopted. Director Richardson was absent.
CITIZENS COMMUNICATIONS
Speaker: Michael Stoyanoff
Topic: Proposed PRD off Rahling Road
Speaker: Jim Nichels
Topic: Negotiations with AFSME
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Little Rock Board of Directors Meeting — Minutes — December 4, 2007
CITIZENS COMMUNICATIONS (cont.)
Speaker: Demetra Brown
Topic: Complained about a noisy neighbor on Marshall Street
Speaker: Luke Skrable
Topic: Answers to issues from the past. He wanted a list of the 19 addresses that he has
complained about. He also wanted to know if City money was being spent on the
lawsuit against the City Manager.
Speaker: Jane Harrison
Topic: Complained about the crime in Southwest Little Rock.
Speaker: Mr. Kennedy
Topic: Complained about the crime in Southwest Little Rock and 911 response time.
Speaker: Ellen Buckley
Topic: Traffic light at Roosevelt and Battery Streets and Fourche Dam Pike road
construction. She thanked Director Hendrix for help on the issues.
Speaker: Troy Laha
Topic: Made comments about the problems in Southwest Little Rock. Complimented the
Zoo and Public Works Departments for the improvements on Fair Park near the
Zoo.
Mayor Stodola requested the first reading of Grouped Items excluding Items 14 and 22
because he has speaker cards on those items.
GROUPED ITEMS (Items 5 — 26)
5. ORDINANCE 19,865 - MSP07 -01 - To amend the Master Street Plan (19,152), to move the
Collector alignment for the proposed extension of Aldersgate Road to the north; and for other
purposes. Planning Commission: 9 ayes, I nay, and I recusal. Staff recommends approval.
Synopsis: A Master Street Plan Amendment to move the Collector alignment for the
proposed Aldersgate Road to the north.
6. ORDINANCE 19,866 - LU07 -11 -03 — To amend the Land Use Plan (16, 222) in the
Interstate 430 Planning District located at the present terminus of Aldersgate Road and east
of South Shackleford Road, from Office, Multi- Family and Park/Open Space to Mixed -Use;
and for other purposes. Planning Commission: 10 ayes, 0 nays, I recusal. Staff recommends
approval. Synopsis: Land Use Plan amendments in the Interstate 430 Planning District
from Office, Multi - Family and Park/Open Space to Mixed -Use
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Little Rock Board of Directors Meeting — Minutes — December 4, 2007
7. ORDINANCE 19,867 - Z -8262 - Approving a Planned Zoning Development and
establishing a Planned Commercial District titled Rowan Village Long -Form PCD, located on
Aldersgate and South Shackleford Roads, Little Rock, Arkansas; amending the Official
Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning
Commission: 10 ayes, 0 nays, 0 absent, I recusal. Staff recommends approval. Synopsis: The
applicant is seeking a rezoning of this twenty —two (22) acre tract of land for a mixed -use
development containing residential office and commercial uses.
8. ORDINANCE 19,868 - Amending Chapter 30 of the Code of Ordinances of the City of Little
Rock, Arkansas, providing for a deferral of Master Street Plan Construction Requirements for
property located at 13800 Colonel Glenn Road, Little Rock, Arkansas. Planning Commission:
11 ayes, 0 nays, 0 absent. Staff recommends approval. Synopsis: Authorizes a deferral of
street improvements required under the Master Street Plan for five (5) years or until
adjacent property is development for Kathy's Revised Long -Form PCD at 13800 Colonel
Glenn Road.
9. ORDINANCE 19,869 - Z- 7698 -A - Approving a Planned Zoning Development and
establishing a Planned Commercial District titled Kathy's Revised Long -Form PCD, located at
13800 Colonel Glenn Road, within the extraterritorial planning jurisdiction of the City of Little
Rock, Pulaski County, Arkansas; amending the Official Zoning Map of the City of Little Rock,
Arkansas; and for other purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends
approval. Synopsis: The applicant is requesting an amendment to the previously approved
PCD to allow the office use located at 13720 Colonel Glenn Road to become a permanent
use.
10. ORDINANCE 19,870 - Z- 6526 -B - Approving a Planned Zoning Development and
establishing a Planned Commercial District titled Parker Lexus Revised Short -Form PCD,
located on the northwest corner of Shackleford Road West Boulevard and South Shackleford
Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock,
Arkansas; and for other purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends
approval. Synopsis: The applicant is requesting a rezoning of the site from 0-3 to PCD to
allow the site to be used as employee parking for Parker Lexus and to expand the allowable
uses for the site.
11. ORDINANCE 19,871 - Z- 6555 -A — Approving a Planned Zoning Development and
establishing a Planned Industrial District titled Lot 5 Evergreen Industrial Park Short -Form
PID, located on the southwest corner of Mabelvale Circle and Mabelvale Pike, Little Rock,
Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other
purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The
applicant is requesting a rezoning of the site from 1 -2 to PID to allow a church to construct
a new building on the site. I -2 uses are being requested as alternative uses for the site.
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Little Rock Board of Directors Meeting — Minutes — December 4, 2007
12. ORDINANCE 19,872 - Z- 4768 -C — Approving a Planned Zoning Development and
establishing a Planned Office District titled Valley Court Revised Long -Form POD, located
just east of the South Loop, Little Rock, Arkansas; amending the Official Zoning Map of the
City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 ayes, 0 nays.
Staff recommends approval. Synopsis: The applicant is seeking a revision to the previously
approved POD for the non - residential portion of the development to create building
footprints for future development.
13. ORDINANCE 19,873 - Z -8279 - Approving a Planned Zoning Development and
establishing a Planned Residential District titled Barber Street Housing Short -Form PD -R,
located on the southeast corner of East 10th and Barber Streets, Little Rock, Arkansas;
amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes.
Planning Commission: 10 ayes, I nay. Staff recommends approval. Synopsis: The request is
to allow a rezoning of the site from R -4 to PD -R to allow thirteen (13) residential living
units with off - street covered parking on the 0.51 acre site.
14. ORDINANCE 19,874 - Z- 4607 -B - Approving a Planned Zoning Development and
establishing a Planned Residential District titled Boyd 15th and Izard Streets Short -Form PD-
R, located on the southeastern corner of 15th and Izard Streets, Little Rock, Arkansas;
amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes.
Planning Commission: 11 ayes, 0 nays. Staff recommends approval. The applicant is
requesting a rezoning of the site from R -4 to PD -R to allow the construction of five (5) new
Single - Family homes.
15. ORDINANCE 19,875 - Z- 7898 -B - Approving a Planned Zoning Development and
establishing a Planned Commercial District titled Cross Street Elderly Housing Revised Short -
Form PD -R, located at 1022 Cross Street, Little Rock, Arkansas; amending the Official Zoning
Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11
ayes, 0 nays. Staff recommends approval. Synopsis: The applicant is seeking an amendment
to the previously approved PD -R to allow the development of the third lot previously
identified for future development.
16. ORDINANCE 19,876 - Z- 7919 -A - Approving a Planned Zoning Development and
establishing a Planned Commercial District titled JAPB, LLC Marina -Condo Project Revised
Long -Form PCD, located north of 3rd Street and east of Bond Street, Little Rock, Arkansas;
amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes.
Planning Commission: 10 ayes, I nay. Staff recommends approval. Synopsis: The project
now consists of a condominium /marina project developed in four (4) phases. The initial
phase will begin in 2008 with completion of the project in 2014.
17. ORDINANCE 19,877 - LU07 -15 -02 — To amend the Land Use Plan in the Geyer Springs
West Planning District located at 7604 Eagle Drive from Single - Family to Mixed - Office
Commercial; and for other purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends
approval. Synopsis: To amend the Land Use Plan in the Geyer Springs West Planning
District located at 7604 Eagle Drive from Single - Family to Mixed - Office Commercial for
future development.
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Little Rock Board of Directors Meeting — Minutes — December 4, 2007
18. ORDINANCE 19,878 - Z- 5688 -A - Approving a Planned Zoning Development and
establishing a Planned Office District titled Lamb Revised Short -Form POD, located at 7604
Eagle Drive, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little
Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays. I recusal.
Staff recommends approval. Synopsis: The applicant is requesting a rezoning of the site
from the present non - conforming R -2, Single - Family to POD to allow 0-3, General Office
District uses, a health studio and spa, barber shop, and a snack shop, not to exceed 100
square feet of gross floor area as allowable uses for the site.
19. ORDINANCE 19,879 - Z- 5699 -B — Approving a Planned Zoning Development and
establishing a Planned Commercial District titled Robertson Revised Short -Form PCD,
located at 800 North Spruce Street, Little Rock, Arkansas; amending the Official Zoning Map
of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, I
nay, and I absent. Staff recommends approval. Synopsis: The applicant is seeking a revision
to the PCD to expand the area and to expand the allowable uses for the site to include C -1,
Neighborhood Commercial uses for both properties.
20. ORDINANCE 19,880 - Z- 6183 -A — Approving a Planned Zoning Development and
establishing a Planned Commercial District titled Regan Short -Form PCD, located at 7101
North Chicot Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of
Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, 0 absent,
I recusal. Staff recommends approval. Synopsis: The applicant is proposing to amend the
previously approved PCD to expand the site area from the current 0.61 acres to 0.81 acres
and allow the construction of a new building on the site to be used as additional storage.
21. ORDINANCE 19,881 - Amending Chapter 30 of the Code of Ordinances of the City of
Little Rock, Arkansas, providing for a deferral of Master Street Plan Construction Requirements
for the intersection of Colonel Glenn and John Barrow Roads, Little Rock, Arkansas.
Planning Commission: 7 ayes, 0 nays, 3 absent, and I open position. Synopsis: Authorizes a
deferral of construction of a right -turn lane for the length of the property as required
under the Master Street Plan for five (5) years, until a future phase of the development, or
until adjacent property is developed whichever occurs first for Olden Akel for the Akel
Short -Form PCD, located at 8724 Colonel Glenn Road.
22. ORDINANCE 19,882 - Z -8236 — Approving a Planned Zoning Development and
establishing a Planned Commercial District titled Akel Short -Form PCD, located on the
northeast corner of Colonel Glenn and John Barrow Roads, Little Rock, Arkansas; amending
the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning
Commission: 6 ayes, 0 nays, 3 absent, and I open position. Staff recommends approval.
Synopsis: The applicant is seeking a rezoning of this site from C -3, General Commercial
District and R -4, Two - Family District to Planned Commercial Development to allow the
construction of a new fifty (50) foot by one hundred (100) foot metal building to replace two
(2) existing buildings located on the site.
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Little Rock Board of Directors Meeting — Minutes — December 4, 2007
23. ORDINANCE 19,883 - Amending Chapter 30 of the Code of Ordinances of the City of
Little Rock, Arkansas, providing for a deferral of Master Street Plan Construction Requirements
for Chenal Parkway and Highway 10, Little Rock, Arkansas. Planning Commission: 11 ayes,
0 nays, 0 absent. Staff recommends approval. Synopsis: Authorizes a deferral of
construction of Chenal Parkway (approximately 450 feet of boundary street improvements)
and Highway 10 (approximately 1,700 feet of boundary street improvements) required by
Master Street Plan for five (5) years, until a future phase of development or until adjacent
property is developed whichever occurs first for Mr. Eugene M. Pfeifer, I11, for Northwest
Territory Addition, located near the intersection of Chenal Parkway and Highway 10.
24. ORDINANCE 19,884 - Z- 8042 -A - Approving a Planned Zoning Development and
establishing a Planned Commercial District titled Lot 10 Northwest Territory Short -For, PCD
located on the northeast corner of Cantrell Road and Chenal Parkway, Little Rock, Arkansas;
amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes.
Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The applicant
is proposing the rezoning of this site from C -3, General Commercial District to PCD to
allow the development of the site with a nine (9) - foot landscape strip along the eastern
perimeter.
25. ORDINANCE 19,885 - Z -8273 - Approving a Planned Zoning Development and
establishing a Planned Residential District titled Auxor Arms Apartments Long -Form PD -R,
located at 9101 Auxor Road, Little Rock, Arkansas; amending the Official Zoning Map of the
City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 ayes, 0 nays.
Staff recommends approval. Synopsis: The applicant is seeking a rezoning for this site from
R -2 to PD -R to recognize the existing use and allow additional parking to be constructed on
the site.
26. ORDINANCE 19,886 - To amend Chapter 3, Article II of the Little Rock Code, 1988, to
add certain criteria for waiving or reducing false alarm civil penalties; and for other purposes.
Staff recommends approval. Synopsis: The ordinance amends the false alarm ordinance
adopted in 2005 to provide for waiving or reducing false alarm civil penalties up to the
amount an alarm user spent to repair or repair their alarm system.
The grouped items consisting of Items 5 — 26 (excluding Items 14 and 22) were read the first
time. Director Adcock, seconded by Director Cazort, made a motion to suspend the rules and
place the ordinances on second reading. By unanimous voice vote of the Board members
present, being two - thirds in number, the rules were suspended and the ordinances were read the
second time. Director Cazort, seconded by Director Hurst, made a motion to suspend the rules
and place the ordinances on third reading. By unanimous voice vote of the Board Members
present, being two - thirds in number, the rules were suspended and the ordinances were read the
third time. By unanimous voice vote of the Board Members present, being two thirds in number
the ordinances were passed (Items 5 - 13, 15 — 21, and 23 -25). Director Richardson was
absent.
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Little Rock Board of Directors Meeting — Minutes — December 4, 2007
Director Hendrix recognized residential developers for the contract on 10th and Barber Streets.
NewAge Residential Contractors is the company name; James McDaniel and Barry Jackson are
co- owners of the company.
Mayor Stodola requested for the first reading of Item M -1.
M -1. ORDINANCE - Deferred to December 11 Reconvened meeting. - To amend Chapter 6
of the Code of Ordinances pertaining to Dogs; and for other purposes. Staff recommends
approval. Synopsis: In response to citizen concerns about a growing population of Pit
Bulls within the city, the Animal Services Advisory Board proposes legislation to regulate
the ownership of designated Pit Bull type breeds.
The Mayor recognized Terry Allen to speak on Item M -1. Mr. Allen indicated that he had been
involved with pit bulls for 17 years and that he had owned two. He indicated that biting was not
the problem, but that the population was out of control and that there were very many
irresponsible owners. He thought that the requirements of the ordinance to muzzle the animals
and place a plaquard on the house were too rigid. He proposed that instead of punishing owners
because of the breed they choose to own, that the owners be required to have obedience training
with annual or semi - annual behavior assessments that can be done at the vet's office. He also
suggested that the Board work with the Arkansas Insurance Commission with the insurance
issues.
Director Adcock asked the Tom Carpenter, City Attorney, to respond to the insurance questions
and asked Tracy Roark to give a presentation. Mr. Carpenter reported that many insurance
carriers don't cover homeowners that carry specific breeds of dogs. He indicated that it is
difficult to get in many case and it is also costly, but not impossible.
Director Cazort indicated that he was pleased with the approach to address the owners and not
the animals. He asked the City Attorney's Office to clarify some items in the ordinance in regard
to identifying the breed and the muzzle. He also asked for a comparison of the new ordinance
with the current vicious dog ordinance.
Mayor Stodola asked staff to follow -up on Mr. Allen's suggestion of behavior assessment.
Director Kumpuris requested a dollar amount on the expense of the insurance. Director Hurst
asked City Manager, Bruce Moore, about enforcement of the new regulations indicate din the
ordinance. Mr. Moore indicated that there was no money in the 2008 budget for enforcement
effort s.
Tracy Roark, Animal Services Manager, gave a brief presentation on the ordinance and
entertained questions from the Board. Discussion included over population, muzzling, licensing,
enforcement, breed specific vs. vicious animal, and a ban vs. more restrictions.
Little Rock Board of Directors Meeting — Minutes — December 4, 2007
Mayor Stodola requested the first reading of Item 14.
14. ORDINANCE 19,874 - Z- 4607 -B - Approving a Planned Zoning Development and
establishing a Planned Residential District titled Boyd 15th and Izard Streets Short -Form PD-
R, located on the southeastern corner of 15th and Izard Streets, Little Rock, Arkansas;
amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes.
Planning Commission: 11 ayes, 0 nays. Staff recommends approval. The applicant is
requesting a rezoning of the site from R -4 to PD -R to allow the construction of five (5) new
Single - Family homes.
The item (Items 14) was read the first time. Director Adcock, seconded by Director Hurst, made
a motion to suspend the rules and place the ordinance on second reading. By unanimous voice
vote of the Board members present, being two - thirds in number, the rules were suspended and
the ordinance was read the second time. Director Adcock, seconded by Director Hurst, made a
motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote
of the Board Members present, being two - thirds in number, the rules were suspended and the
ordinance was read the third time.
Barbara Smith, spoke in opposition of the item; her major area of concern was that the
development was too dense for the corner. She asked the Board to vote against the development.
Tina Boyd (applicant), Boyd Homes, spoke in favor of the development.
A roll call vote was taken and recorded as follows: Directors Hendrix, Cazort, Wright, Wyrick,
Keck, Kumpuris, Fortson, Adcock, and Vice Mayor Hurst voted yes. Director Richardson was
absent. The ordinance (Item 14) was passed.
Mayor Stodola requested the first reading of Item 22.
22. ORDINANCE 19,882 - Z -8236 — Approving a Planned Zoning Development and
establishing a Planned Commercial District titled Akel Short -Form PCD, located on the
northeast corner of Colonel Glenn and John Barrow Roads, Little Rock, Arkansas; amending
the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning
Commission: 6 ayes, 0 nays, 3 absent, and I open position. Staff recommends approval.
Synopsis: The applicant is seeking a rezoning of this site from C -3, General Commercial
District and R -4, Two - Family District to Planned Commercial Development to allow the
construction of a new fifty (50) foot by one hundred (100) foot metal building to replace two
(2) existing buildings located on the site.
The item (Items 22) was read the first time. Director Adcock, seconded by Director Cazort,
made a motion to suspend the rules and place the ordinance on second reading. By unanimous
voice vote of the Board members present, being two - thirds in number, the rules were suspended
and the ordinance was read the second time. Director Adcock, seconded by Director Cazort,
made a motion to suspend the rules and place the ordinance on third reading. By unanimous
voice vote of the Board Members present, being two - thirds in number, the rules were suspended
and the ordinance was read the third time.
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Little Rock Board of Directors Meeting — Minutes — December 4, 2007
There was no objection to the item. A roll call vote was taken and recorded as follows:
Directors Hendrix, Cazort, Wright, Wyrick, Keck, Kumpuris, Fortson, Adcock, and Vice Mayor
Hurst voted yes. Director Richardson was absent. The ordinance (Item 22) was passed.
Director Adcock, seconded by Director Wright, made a motion to recess the meeting at
8:05 PM for a five (5) minute break. The meeting was reconvened at 8:20 PM.
Mayor Stodola requested the reading of Items 27 and 28.
SEPARATE ITEMS (Items: 27 — 37)
27. ORDINANCE 19,887 - LU07 -11 -04 — To amend the Land Use Plan (16,222) in the
Interstate 430 Planning District located at 600 Autumn Road, from Office to Mixed - Office
Commercial; and for other purposes. Planning Commission: 11 ayes, o nays. Staff recommends
approval. Synopsis: Land Use Plan amendments in the Interstate 430 Planning District
from Office to Mixed - Office Commercial for future development.
28. ORDINANCE 19,888 - Z- 6278 -D - Approving a Planned Zoning Development and
establishing a Planned Commercial District titled Studio Joe's Revised Short -From PCD,
located at 600 Autumn Road, Little Rock, Arkansas; amending the Official Zoning Map of the
City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 ayes, 0 nays.
Staff recommends approval. Synopsis: The applicant is requesting an amendment to the
previously approved PCD to add a restaurant with alcohol sales as an allowable use for the
site.
The items (Items 27 and 28) were read the first time. Director Adcock, seconded by Director
Cazort, made a motion to suspend the rules and place the ordinances on second reading. By
unanimous voice vote of the Board members present, being two - thirds in number, the rules were
suspended and the ordinances was read the second time. Director Cazort, seconded by Director
Adcock, made a motion to suspend the rules and place the ordinances on third reading. By
unanimous voice vote of the Board Members present, being two - thirds in number, the rules were
suspended and the ordinances were read the third time. By unanimous voice vote of the Board
Members present, being two thirds in number the ordinances were passed (Items 27 and 28).
Directors Keck and Adcock voted no. Director Richardson was absent.
29. ORDINANCE - Deferred to Jan 2008 - To amend Chapter 12, Article I of the Little Rock
City Code (1988) to add a section to prohibit the retail sale of or distribution of novelty lighters
within the territorial jurisdiction of the City of Little Rock, Arkansas. Staff recommends
approval. Synopsis: The Little Rock Fire Department is requesting that the City Board of
Directors approve amending Chapter 12, Article I of the Little Rock Code to add a section to
prohibit the retail sale or distribution of novelty lighters within the territorial jurisdiction of the
City of Little Rock. A novelty lighter is defined as a lighter that has entertaining audio or visual
effects, or that depicts or resembles in physical form or function articles commonly recognized
as appealing to or intended for use by children. Exception would be made for lighters
manufactured prior to 1980, or lighters which are not operational.
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Little Rock Board of Directors Meeting — Minutes — December 4, 2007
Mayor Stodola requested the first reading of the ordinance (Item 30). Pictures of the
structures were presented at this time.
30. ORDINANCE 19,889 - To condemn certain structures in the City of Little Rock, Arkansas,
as structural, fire and health hazards; providing for summary abatement procedures; directing the
City Attorney to take such action as is necessary to raze and remove said structures; declaring an
emergency; and for other purposes. Staff recommends approval. Synopsis: Twenty -six (26)
residential structures in dilapidated and /or burned condition causing a negative
environmental impact on the residential neighborhoods in which they are located.
The item (Items 30) was read the first time. Director Adcock, seconded by Director Cazort,
made a motion to suspend the rules and place the ordinance on second reading. By unanimous
voice vote of the Board members present, being two - thirds in number, the rules were suspended
and the ordinance was read the second time. Director Adcock, seconded by Director Cazort,
made a motion to suspend the rules and place the ordinance on third reading. By unanimous
voice vote of the Board Members present, being two - thirds in number, the rules were suspended
and the ordinances were read the third time. By unanimous voice vote of the Board Members
present, being two thirds in number the ordinance and emergency clause was passed (Item
30). Director Richardson was absent.
Director Keck, seconded by Director Hendrix, made a motion to keep the ordinance (Item 31) on
first reading. There was discussion as to which version of the ordinance the Board was voting
for or against. Director Keck withdrew his motion. Director Hendrix withdrew her second. The
item will be presented at the first meeting in January.
31. ORDINANCE - Deferred to Jan 2008 - To create a Land Bank Commission for the City
of Little Rock, Arkansas; to set forth certain duties and responsibilities of this Commission; to
declare an emergency; and for other purposes.
Mayor Stodola opened the public hearings for Items 32 and 33. There being no speakers in
favor or opposition of the items the public hearings were closed.
PUBLIC HEARINGS (Items 32 — 35)
32. PUBLIC HEARING & ORDINANCE 19,890 - G -23 -390 — To abandon the excess right -
of -way, located adjacent to 5800 Scott Hamilton Drive. Planning Commission: 6 ayes, 0 nays, I
recusal, 3 absent, and I open position. Staff recommends approval. Synopsis: Windsor
Republic Door, Inc., adjacent property owner, requests to abandon forty (40) feet of excess
Scott Hamilton Drive right -of -way (40 feet by 985.36 feet) located adjacent to 4800 Scott
Hamilton Drive.
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Little Rock Board of Directors Meeting — Minutes — December 4, 2007
33. PUBLIC HEARING & ORDINANCE 19,891 - G -23 -391 — To abandon portions of street
and alley rights -of -way located south of East 9th Street and east of Ventura Street. Planning
Commission: 7 ayes, 0 nays, 3 absent, and I open position. Staff recommends approval.
Synopsis: Little Rock National Airport adjacent property owner, requests to abandon
portions of East lot'', Bedford Drive , Maxwell, Carson and Lawson Streets, and alleys
located within Blocks 43, 44, 50 and 51, Industrial Park Addition.
The items (Items 32 and 33) were read the first time. Director Adcock, seconded by Director
Hurst, made a motion to suspend the rules and place the ordinances on second reading. By
unanimous voice vote of the Board members present, being two - thirds in number, the rules were
suspended and the ordinances were read the second time. Director Cazort, seconded by Director
Fortson, made a motion to suspend the rules and place the ordinances on third reading. By
unanimous voice vote of the Board Members present, being two - thirds in number, the rules were
suspended and the ordinances were read the third time. By unanimous voice vote of the Board
Members present, being two thirds in number the ordinances were passed (Items 32 and 33).
Director Richardson was absent.
Director Cazort announced that he had a second degree of relationship to the attorney
representing the applicant for Items 34 and 35; he recused himself from the discussion and
vote of these items.
Mayor Stodola requested the first reading of the items (34 and 35).
34. PUBLIC HEARING & ORDINANCE — FAILED - LU07 -04 -01 — To amend the Land Use
Plan (16,222) in the Heights Hillcrest Planning District from Single - Family to Mixed -Use; and
for other purposes. Planning Commission: I aye, 6 nays, 3 absent, and I open position. Staff
recommends denial. Synopsis: Land Use Plan amendments in the Heights Hillcrest
Planning District from Single - Family to Mixed Use for future development.
35. PUBLIC HEARING & ORDINANCE — No Vote - Z -8263 — To appeal the Planning
Commission's recommendation to deny a Planned Commercial District at 310 North Van
Buren Street. Planning Commission: I aye, 6 nays, 3 absent, and I open position. Staff
recommends denial. Synopsis: The applicant is appealing the Planning Commission's action
of denial for a rezoning of the site from R -3 to PD -C to allow a full service beauty and nail
sale to operate from the site
The items (Items 34 and 35) were read the first time. Director Adcock, seconded by Director
Hurst, made a motion to suspend the rules and place the ordinances on second reading. By
unanimous voice vote of the Board members present, being two - thirds in number, the rules were
suspended and the ordinances were read the second time.
Tony Bozynski, Planning Director, gave a brief presentation on both of the applications and
answered questions about signage and parking.
12
Little Rock Board of Directors Meeting — Minutes — December 4, 2007
Steve Niswanger, representing Kimberly Mensie, spoke in favor of the applications (Items 34
and 35). Mr. Niswanger gave a brief history of why his client was before the Board appealing
the Planning Commission's decision. Mr. Niswanger noted that there were several businesses in
close proximity to the Van Buren address that his client owned. He clarified that there would be
one full time operator (Ms. Mensie doing nails) and two part time operators (hairstylists). He
indicated that traffic would be minimal because clients were serviced by appointment only and
that they would park in an area that is surrounded by a privacy fence. It was clarified that the
client lives in the garage apartment on the property and would continue to do so if the
applications were passed. Mr. Niswanger reported that his client had been receptive and
complied with all of staff concerns; which is evident by the amendments that had been made to
applications. He concluded by reading some letters of support from some of Ms. Mensie's
clients and indicated that some long time residents of the Hillcrest area wanted the business in
that location. He asked the Board to implement their economic development policy.
Those present to speak in opposition of the applications (Items 34 & 35) were Marcia Camp,
Rena Sheffer, Bryan Germany, Stirl M. Lingo, Paula Lingo, Synthia "Kim" Latta, Ruth Bell
(League of Women Voters), and Scott Smith (President, Hillcrest Residents Association). Mark
Robinette was present, but did not speak. Many of those who spoke in opposition were residents
of the area on neighboring streets. The major issues of concern included: increase in crime to
the area, potential decline of property values in the area; increase in traffic; and enforcement of
the zoning laws and requirements on the property if the applications were passed. There was
also a request to allow the area to remain as it is by disallowing any more commercial zoning.
Those present to speak in favor of the applications (Items 34 & 35) were Carolyn Johnson,
Marcella Callahan, Daphne Puckett, Elizabeth Clarke, and Becky Whelan. Those who spoke in
favor included neighbors of the property and clients of the business. They indicated that Ms.
Mensie was a good business owner; that she easily controlled the traffic coming in and out of her
business, and the business was quiet. The also indicated that she had made several
improvements to an otherwise deteriorating property by fixing up the house on the property,
clearing away overgrowth of grass and plant, cleaning up debris trash in the area and surrounding
alley, and adding more lighting. The neighbor across the alley from the house indicated that the
additional lighting and activity in the area may over time decrease some of the crime in the area.
They concluded by asking for support of the application because they felt that it was an attribute
to the area.
The term "spot zoning" came up during the discussion of these applications and Tom Carpenter,
City Attorney, clarified why this item should not be considered "spot- zoning." He indicated that
the application was a planned development which by definition was something that can be put
into an area with the appropriate safeguards to be compatible with the area, but wouldn't be
zoned that way as a matter of right.
Mayor Stodola requested the third reading of the ordinances. The City Clerk read the ordinances
(Item 34 and 35) for the third and final time. The Mayor then clarified the vote process on each
of the items.
13
Little Rock Board of Directors Meeting — Minutes — December 4, 2007
A roll call vote was taken and recorded as follows: Directors Hendrix and Wright voted yes.
Directors Wyrick, Keck, Kumpuris, Fortson, Adcock, and Vice Mayor Hurst voted no. Director
Cazort recused from the discussion and vote. Director Richardson was absent. The ordinance
(Item 34) failed.
Tom Carpenter explained why the Board did not have to vote on item 35 because of the failure of
Item 34. He asked that the record show that a defeat of the Land Use Plan ordinance (Item 34) is
a defeat of the Planned Commercial Development ordinance (Item 35). In this particular
instance the applicant was asking for a Planned Development that would have to fit in with the
Land Use Plan; and by defeat of the Land Use Plan, by definition, the Planned Development can
not be made compatible with the area.
36. PUBLIC 14EARING & ORDINANCE — REPORT - 2008 Budget Update. Mayor
Stodola and Bruce Moore, City Manager, presented the significant changes made to the budget
since last reported and answered questions from other Board Members. The Board sent several
follow -up questions for staff to answer on or before the reconvened meeting on December 21,
2007. Issues discussed included: funding to outside agencies; operation of the Advertising and
Promotions Commission; employee raises; and increase of parking deck fees, parking fines,
privilege licenses, and other fines.
Jim Nickels spoke in regard to the transfers from other departments and asked questions as to the
accounting for those transfers. He indicated that a 2.5% salary increase was not adequate for
some of the lower paid employees of the City. He concluded by asking the Board to review their
funding for outside agencies.
37. EXECUTIVE SESSION & RESOLUTION - To make appointments to various City of
Little Rock Boards and Commissions. Synopsis: Municipal Airport Commission; City Beautiful
Commission; MacArthur Military History Museum Commission; Midtown Re- Development
District No. 1 Advisory Board; Oakland Fraternal Cemetery Board; Sanitary Sewer Committee;
Sister Cities Commission; Zoo Board of Governors.
Director Keck, seconded by Director Hurst, made a motion to recess the meeting and reconvene
on December 11, 2007 at 4:00 PM for the purpose of discussing the budget, issues pertaining to
the dog ordinance, and to make Board and Commission appointments. By unanimous voice vote
of the Board members present, the meeting was recessed at 10:40 PM.
ATTEST:
Nand ood, C
City Clerk
14
APPROVED:
d
_L'1 e L6�
Mark Stodola
Mayor