01-04-94502
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
January 4, 1994 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas
met in regular session with Mayor Jim Dailey presiding. City
Clerk Robbie Hancock called the roll with the following Directors
in attendance: Directors Priest, Roy, Sharp, Lewellen, Mason,
Adcock, Hendrix, Scheibner, Keck and Joyce - total 10; Absent -
None.
With a quorum present, Mayor Dailey declared the Board of
Directors in session and the proceedings are recorded as follows.
The Invocation was given by Director Sharp, followed by the
Pledge of Allegiance.
Ms. Veda Perkins, part time counselor at Little Rock Job
Corp, presented a Certificate of Appreciation to Officer Fred
Hopkins of the Little Rock Police Department. She commended
Officer Hopkins for his professionalism in assisting her at an
accident on December 27, 1993.
Director Keck presented a proclamation to Mr. Bennie Johnson
and Mr. Otis Kirkland, which proclaimed the month of January as
"Living the Dream" and "Stop the Violence" Month in honor of Rev.
Martin Luther King, Jr.
Director Adcock invited fellow Board Members and the
citizens of Little Rock to participate in the "Stash the Trash
Day" in Southwest Little Rock on Saturday, January 8, 1994.
The Consent Agenda was then presented, consisting of the
following items:
(a) Approval of the Minutes of the Board of Directors
reconvened meeting held October 13, 1993. (Note: The Minutes of
October 19, 1993 were deferred at the request of City Clerk
Robbie Hancock.)
(b) The Oakland - Fraternal Cemetery Audit Report for the
year ended October 31, 1993. (To be received and filed.)
(c) The Abstract of Votes cast at the Special Election held
December 14, 1993, regarding the 1% Sales and Use Tax and the
1/2% Sales and Use Tax . (To be received and filed.)
(d) Resolution No. 9,065, entitled:
A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF
LITTLE ROCK TO UTILIZE FEDERAL -AID MONIES TO DESIGN AND CONSTRUCT
A PEDESTRIAN/ BICYCLE BRIDGE ACROSS JIMERSON CREEK. (On Rebsamen
Park Road.)
(e) Resolution No. 9,066, with the title being:
A RESOLUTION SETTING A PUBLIC HEARING ON THE APPROVAL
OF A SECOND SUPPLEMENTAL TRUST INDENTURE RELATING TO THE CITY OF
LITTLE ROCK INDUSTRIAL DEVELOPMENT REVENUE BONDS - OMEGA PROJECT.
(January 18, 1994.)
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(f) Resolution No. 9,067, described as:
A RESOLUTION APPOINTING UNDERWRITERS FOR THE
$17,000,000 CITY OF LITTLE ROCK, ARKANSAS LIBRARY CONSTRUCTION
AND IMPROVEMENT BONDS, SERIES 1994 (THE "BONDS ") ; AND PROVIDING
FOR OTHER MATTERS IN CONNECTION WITH THE ISSUANCE OF THE BONDS.
(The firms of Stephens, Inc. /Hill, Crawford & Lanford /Henderson
Securities /Apex Securities.)
(g) Resolution No. 9,068, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE PARKSIDE COURT IN BLOCK 13 OF
PARKWAY PLACE, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS.
(January 18, 1994.)
By a motion made by Director Sharp, and seconded by Director Roy,
which was adopted by unanimous vote of the Board Members present,
the Consent Agenda was dispensed with as follows: (a) The
Minutes of the Board of Directors reconvened meeting held October
13, 1993, were approved as written and distributed to members of
the Board of Directors, and the Minutes of the October 19, 1993
meeting were deferred at the request of City Clerk Robbie
Hancock; (b) The Oakland Fraternal Cemetery Audit Report ending
October 31, 1993, was received and filed; (c) The Abstract of
Votes cast at the Special Election held December 14, 1993,
regarding the 1% sales and use tax (see Ordinance No. 16,497 -
tax was defeated) and the 1/2% sales and use tax (see Ordinance
No. 16,496 - tax was approved) was received and filed; and (d, e,
f, and g) Resolutions No. 9,065, 9,066, 9,067, and 9,068 were
read in full and adopted by unanimous voice vote of the Board
Members present.
At the time allotted for Citizen Communications, the first
speaker was Mr. John Bush, Chairman of the Little Rock Historic
District Commission. He addressed the Board of Directors
regarding the demolition of the old Kramer School building
located at the southeast corner of 7th and Sherman Streets, owned
by Director Hamp Roy. He said the initial petition for
demolition was presented to the Historic District and was
reviewed in July, 1993, and in compliance with its guidelines,
the Historic District Commission could not authorize demolition
of the structure. The Department of Neighborhoods & Planning -
Code Enforcement Division has now declared the building a public
nuisance, which requires the owner to repair or demolish it. Mr.
Bush stated the problem with this is there would appear to be a
matter of considerable impropriety in such a finding, that the
Board, acting through the Department of Neighborhoods and
Planning, on behalf of a Board Member, has made a ruling after
denial by a City commission. Ultimately, the Board will have to
decide who has the authority and what is the procedure to be
followed for demolition of historic structures in the Historic
District. Mr. Bush asked the Board to enjoin the demolition of
Kramer School until a decision is made, because demolition is
forever and irrevocable. Mayor Dailey told Mr. Bush that the
demolition of Kramer School was not on the,Agenda, but the Board
of Directors would consider putting it on the Agenda for
discussion at another meeting.
The next speaker was Mr. Bob Roddey, 624 Ferry Street, a
member of the Historic District Commission, who also addressed
the Board regarding the demolition of Kramer School. He asked
that the building not be demolished before the Board has
opportunity to discuss the subject.
Ms. Martie Smith, 922 N. Spruce Street, said the Kramer
School building needs to be saved and put to a use that would
benefit the community. Her proposal was that business leaders
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come together to set up a child care facility to care for the
children of their employees. Director Lewellen asked Ms. Smith
to provide the Board with a written copy of her proposal.
Mayor Dailey then introduced Item 25 on the Agenda, which
was the Ordinance to establish a curfew for minors, and Ordinance
No. 16,564 was presented, with the title being:
AN ORDINANCE TO ESTABLISH A NOCTURNAL CURFEW APPLICABLE TO
MINORS; REGULATING THEIR ACTIONS ON THE PUBLIC STREETS AND OTHER
PLACES; DEFINING THE DUTIES OF PARENTS, GUARDIANS OR OTHER
RESPONSIBLE PERSON; PROVIDING FOR PENALTIES OF THIS PROVISION;
REPEALING THE EMERGENCY CURFEW FOR MINORS ORDINANCE; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES.
Several citizens were present to speak on the issue. (Note: A
public hearing was held on the curfew issue on December 14,
1993.) Mrs. Annie Abrams said, "If you adopt it you will commit
yourselves to education of parents and commit available
resources." Mr. Robert "Say" McIntosh said, "We have a problem
of black on black crime." Mr. Dan Washington said curfew does
work with proper implementation. Mr. Noel Washington said the
curfew would not work because everyone is not in agreement to
solve the problem. Mr. Sammy Mills said, "Let's come together
and deal with our teenagers. Develop jobs. Education is the
key." Mr. Macy Butler supported the curfew. Mr. Joseph Cole, a
Junior at Little Rock Central High School, said a curfew is not
the answer and cited incidents that occurred during the day and
early evening hours. He proposed that more neighborhood policing
be enforced and that neighborhood service center activities for
the youth be extended to all night. Representative Bill Walker
spoke in support of a curfew, but was concerned about how it
would be implemented. Mr. Ed Odle said he supported the curfew
but said it should be equally enforced in every part of the City.
Mr. Nathan Dendy supported the curfew ordinance and Mr. Charles
Walker said he had ambivalent feelings about a curfew. City
Attorney Tom Carpenter stated that several people had expressed
concern about the $500 fine and explained that Municipal Court
has the authority to provide alternatives to the fine. Director
Keck said the curfew is not the total answer but is a first step
and asked that the Board evaluate its effectiveness and fairness
in 3 months, 6 months and a year. If it is not effective and
fair, then it should be discontinued. The Ordinance was then
read the first time. There was a motion by Director Priest,
seconded by Director Mason, to suspend the rules and place the
Ordinance on second reading. The motion was unanimously adopted
by the Board Members present, being eleven in number and two -
thirds or more of the members of the Board of Directors - elect,
and there was a second reading of the Ordinance. A subsequent
motion was made by Director Mason to again suspend the rules and
place the Ordinance on third and final reading. The motion was
seconded by Director Priest and unanimously adopted by the Board
Members present, being eleven in number and two - thirds or more of
the members of the Board of Directors- elect, and the third and
last reading of the Ordinance ensued. A roll call vote was taken
on passage of the Ordinance with the results recorded as follows:
Ayes - Directors Sharp, Lewellen, Mason, Mayor Dailey, Directors
Adcock, Hendrix, Scheibner, Keck, Joyce, Priest and Roy - total
11; Noes - None; Absent - None.
The Emergency Clause contained in Section 10 of the
foregoing Ordinance was then read and adopted by the following
roll call vote: Ayes - Directors Sharp, Lewellen, Mason, Mayor
Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest
and Roy - total 11; Noes - None; Absent - None. Therefore, the
Ordinance, together with the Emergency Section, was declared
PASSED.
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At 7:35 o'clock P.M. Mayor Dailey declared a five minute
recess. When the Board of Directors reconvened at 7:45 o'clock
P.M. Mayor Dailey presided and all Directors were present.
Vice Mayor Mason suggested that Item 16 on the Agenda be
considered next, regarding a residency requirement for all
employees of the City of Little Rock. He asked for discussion
among Board Members and that a vote be taken on the matter. City
Attorney Tom Carpenter explained the three proposals before the
Board: (1) Director Lewellen's proposal would require that all
persons employed by the City on January 1, 1994 reside within the
corporate limits of the City of Little Rock or must come into
compliance within three to five years - by January 1 of 1997 [8]
[9] or shall be terminated. (2) Director Adcock's proposal would
require that all persons employed by the City on January 1, 1994
must come into compliance at any time they move from the place of
abode they resided in on January 1, 1994. (3) Mayor Dailey's
proposal provided that beginning January 1, 1994, a condition of
employment would be that a person reside within the corporate
limits of the City of Little Rock. (Note: Persons employed
prior to 1994 would be exempt from the residency requirement
("grandfathered in ") and only new hires would be involved.)
After a brief discussion, the Board agreed to a 90 -day grace
period for a new employee to move into the corporate limits of
the City of Little Rock. There was a motion and second by
Directors Mason and Scheibner, respectively, that Mayor Dailey's
proposal be considered. Director Priest raised the point that
the Board probably should be looking at Pulaski County residency
as opposed to just Little Rock. Directors Mason and Sharp
supported that idea also. Director Lewellen spoke at length in
opposition to the Pulaski County residency proposal. Director
Adcock withdrew her proposal and supported Mayor Dailey's
proposal only if it required Little Rock residency. Director
Sharp questioned Personnel Director Britt Rice regarding any
problems that might be encountered in hiring qualified employees
under the residency requirement. Ms. Rice replied the City might
have to help those that are required to move by providing
assistance with housing. Director Keck questioned Ms. Rice on
the ramifications in enforcement, and stated he was opposed to
mandating where employees live. Mayor Dailey spoke in support of
the residency requirement from this day forward, saying he felt
that police officers living in our neighborhoods would have a
positive benefit, but did not feel like penalizing current
employees. However, he was opposed to the Pulaski County
residency proposal. There was a motion by Director Mason,
seconded by Director Priest, to adopt the Resolution. There was
a brief discussion about voting on an issue without hearing
comments from those present who had signed cards to speak on the
subject. Directors Mason and Priest withdrew the motion and
second. At the suggestion of Directors Adcock and Priest, the
residency Resolution was moved back to the end of the Agenda as
scheduled, at which time comments from the audience would be
heard. (See Resolution No. 9,073 and discussion on pages 10 and
11.)
A public hearing had been scheduled for this time and place
on the appeal of the Planning Commission's approval of a
Conditional Use Permit for Central Baptist Church located at
15601 Taylor Loop Road (Z- 5735). However, Mr. Michael Straughan,
who filed the appeal, did not send out the notices to property
owners within 200 feet as required (he said he was never notified
of the official date); therefore, the public hearing had to be
rescheduled. There was a motion by Director Priest, seconded by
Director Mason, to rescheduled the public hearing for January 18,
1994, at 6:00 P.M., and the motion was adopted by the following
voice vote: Ayes - Directors Priest, Sharp, Lewellen, Mason,
Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck and
Joyce - total 10; Noes - Director Roy - total 1.
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Introduced next were two proposed companion Ordinances on
the Agenda for second reading, described as:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE RIVER
MOUNTAIN DISTRICT, LOCATED NORTH OF PLEASANT RIDGE ROAD AND
AROUND FAIRVIEW ROAD TO SUBURBAN OFFICE, PUBLIC USE AND SINGLE
FAMILY; AND FOR OTHER PURPOSES;
and
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF
LITTLE ROCK, ARKANSAS; AMENDING SECTION 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER
PURPOSES;
(Z- 3844 -B - To rezone property located at Fairview Road and
Pleasant Ridge Road from 11R -2" Single - family and "MF -6" Multi-
family Districts to 110-3" General Office District.)
Mayor Dailey announced that the Developer Jim Hathaway had
requested these two items be deferred until January 18, 1994
because he was unable to attend the January 4th meeting due to a
death in his family. However, those present to who wished to
speak on the issue would be allowed to do so. The first speaker
was Ms. Cloie Morgan, 10 Cedar Branch, who spoke in opposition to
the proposed rezoning and made a video presentation showing the
whole area of Cedar Branch Subdivision and Summit Road
Subdivision. Mr. Dennis Fitzgerald, 11 Cedar Branch Court, also
spoke in opposition, stating the residents of the area are
clearly opposed to anything but single - family classification. He
gave a brief history of the rezoning in the area. Ms. DeeVee
Pearson, 3907 Sierra Forest Drive, was opposed to the rezoning
and said the condition of the roads is such there are no curbs
and to widen the roads would greatly encroach upon the
properties. She said the two existing businesses (Easter Seals
which was previously the 8- Wheels Skating Rink, and the dog
kennel) were acceptable. She concluded with the statement,
"zoning ordinances are to protect the livability of the area."
Ms. Lynn Staten, 9 Cedar Branch Court, speaking in opposition,
expressed concern for the safety of the children in the area.
The additional traffic the businesses would bring in would
jeopardize the safety of the children, and the roads are
inadequate for additional traffic. Ms. Sandy Bowen, 4 Cedar
Branch Drive, speaking in opposition, expressed concern about
church parking. The 84 parking spaces would not accommodate the
needs of the church very long and they might park in residential
areas. Mr. Jim Lawson, Director of Neighborhoods and Planning,
stated the church (referring to the property directly north of
the Hathaway project and facing Fairview Road) came in for a
Conditional Use Permit, which was approved by the Planning
Commission. City Attorney Tom Carpenter stated that no action is
required by the Board of Directors on Conditional Use Permits.
Mr. Mark D'Auteuil was opposed to the reclassification, stating
"we are not in favor of anything but single- family, and ask you
not to rezone this area." Mr. Mark Pelloquin, 12 Cedar Branch
Drive, was opposed to the rezoning and said there had been a lack
of communication with the Developer Jim Hathaway. Mr. Lawson
made a staff presentation. The proposed Ordinances were then
read the second time, having been read the first time on December
21, 1993. There was a motion by Director Adcock to suspend the
rules and place the Ordinance on third and final reading. There
was no second to the motion; therefore, the two companion
Ordinances remained on the calendar for third and final reading
on January 18, 1994. Mayor Dailey directed Mr. Lawson to meet
with Mr. Hathaway to be sure of a meeting with the neighborhood
residents supposedly scheduled for January 10, 1994.
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Consideration was then given to Ordinance No. 16,565,
entitled:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE GEYER
SPRINGS WEST DISTRICT TO COMMERCIAL SOUTH OF INTERSTATE 30 AND
EAST OF MABELVALE PIKE; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. There was a motion by
Director Lewellen, seconded by Director Priest, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by the Board Members present, being eleven in
number and two - thirds or more of the members of the Board of
Directors - elect, and there was a second reading of the Ordinance.
There was a subsequent motion made by Director Sharp to again
suspend the rules and place the Ordinance on third and final
reading. The motion was seconded by Director Lewellen, and
unanimously adopted by the Board Members present, being eleven in
number and two - thirds or more of the members of the Board of
Directors - elect. The Ordinance was read the third and last time,
followed by a roll call vote taken on the question, Shall the
Ordinance Pass, with the results recorded as follows: Directors
Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck, Joyce, Priest and Roy - total 11; Noes - None;
Absent - None. Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 16,566, described
as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF
LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER
PURPOSES;
(Z -5761 - To rezone property on Mabelvale Pike at the I -30
Interchange [long legal description] from "R -2" Single- family
District to "C -3" General Commercial District.)
and the Ordinance was read the first time. There was a motion by
Director Lewellen, seconded by Director Priest, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by the Board Members present, being eleven in
number and two - thirds or more of the members of the Board of
Directors - elect, and there was a second reading of the Ordinance.
There was a subsequent motion made by Director Sharp to again
suspend the rules and place the Ordinance on third and final
reading. The motion was seconded by Director Lewellen, and
unanimously adopted by the Board Members present, being eleven in
number and two - thirds or more of the members of the Board of
Directors - elect. The Ordinance was read the third and last time,
followed by a roll call vote taken on the question, Shall the
Ordinance Pass, with the results recorded as follows: Directors
Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck, Joyce, Priest and Roy - total 11; Noes - None;
Absent - None. Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 16,567, with the title
being:
AN ORDINANCE AMENDING THE CITY LAND USE PLAN, MODIFYING THE
DEFINITION OF TRANSITION ZONE; AND FOR OTHER PURPOSES;
(Re: The Highway 10 District.)
and the Ordinance was read the first time. There was a motion by
Director Lewellen, seconded by Director Priest, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by the Board Members present, being eleven in
number and two - thirds or more of the members of the Board of
Directors - elect, and there was a second reading of the Ordinance.
There was a subsequent motion made by Director Sharp to again
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suspend the rules and place the Ordinance on third and final
reading. The motion was seconded by Director Lewellen, and
unanimously adopted by the Board Members present, being eleven in
number and two - thirds or more of the members of the Board of
Directors - elect. The Ordinance was read the third and last time,
followed by a roll call vote taken on the question, Shall the
Ordinance Pass, with the results recorded as follows: Directors
Sharp, Lewellen, Mason, Mayor Dailey, Directors Hendrix,
Scheibner, Keck, Joyce, Priest and Roy - total 10; Noes -
Director Adcock - total 1; Absent - None. Whereupon, the
Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 16,568,
entitled:
AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO
THE CITY OF LITTLE ROCK, ARKANSAS, AND MAKING SAME A PART OF THE
CITY OF LITTLE ROCK;
(Gamble Road -South Annexation - 160 acres north of Olds Lane and
south of the terminus of Gamble Road.)
and the Ordinance was read the first time. There was a motion by
Director Lewellen, seconded by Director Priest, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by the Board Members present, being eleven in
number and two - thirds or more of the members of the Board of
Directors - elect, and there was a second reading of the Ordinance.
There was a subsequent motion made by Director Sharp to again
suspend the rules and place the Ordinance on third and final
reading. The motion was seconded by Director Lewellen, and
unanimously adopted by the Board Members present, being eleven in
number and two - thirds or more of the members of the Board of
Directors - elect. The Ordinance was read the third and last time,
followed by a roll call vote taken on the question, Shall the
Ordinance Pass, with the results recorded as follows: Directors
Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck, Joyce, Priest and Roy - total 10; Noes -
Director Sharp - total 1; Absent - None. Whereupon, the
Ordinance was declared PASSED.
The next presentation was Ordinance No. 16,569, described
as:
AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO
THE CITY OF LITTLE ROCK, ARKANSAS, AND MAKING SAME A PART OF THE
CITY OF LITTLE ROCK;
(Kirk Road, Tracts I & II Annexation: Tract I - 320 acres north
and east of Kirk Road; Tract II - 55 acres due south of the
intersection of Kirk Road and Chenal Parkway.)
and the Ordinance was read the first time. There was a motion by
Director Lewellen, seconded by Director Priest, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by the Board Members present, being eleven in
number and two - thirds or more of the members of the Board of
Directors - elect, and there was a second reading of the Ordinance.
There was a subsequent motion made by Director Sharp to again
suspend the rules and place the Ordinance on third and final
reading. The motion was seconded by Director Lewellen, and
unanimously adopted by the Board Members present, being eleven in
number and two - thirds or more of the members of the Board of
Directors - elect. The Ordinance was read the third and last time,
followed by a roll call vote taken on the question, Shall the
Ordinance Pass, with the results recorded as follows: Directors
Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck, Joyce, Priest and Roy - total 10; Noes -
Director Sharp - total l; Absent - None. Whereupon, the
Ordinance was declared PASSED.
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Consideration was then given to a proposed Ordinance
entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED COMMERCIAL DEVELOPMENT DISTRICT TITLED
REES DEVELOPMENT SHORT -FORM PCD, LOCATED AT 215 -301 BOWMAN 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;
(Z -5756 - To establish Rees Development Short -form PCD, located
at 215 -301 Bowman Road, described as Lot 2B, Erwin Addition,
reclassify from "0-3" to PCD with permitted uses of "C -1"
Neighborhood Commercial.)
Before the second reading of the Ordinance, there was a lengthy
discussion. Mr. John Rees, developer, said he met with Mr. Scott
Roberts, president of Birchwood Neighborhood Association, and
discussed plans for Bowman Plaza Shopping Center. Two
stipulations agreed upon were to put a six -to -eight foot fence on
top of the retaining wall at the rear to shield the residents at
the back of the property and directional lighting. There will
not be a drive - around. Mr. Rees didn't want to restrict the
hours of operation since he doesn't know who the tenants will be.
He changed the request from a mixed use to strictly "C -1"
Neighborhood Commercial. He has had discussions with a video
store and wants to be sure that a video store would be allowed.
The next speaker was Mr. Scott Roberts, 11805 Birchwood Drive,
who spoke in opposition to the rezoning, particularly for a video
store. He also expressed concern that all the immediate
neighbors may not have been notified of the change in zoning to a
PCD. He was also concerned about the drainage and would like to
have that addressed in the PCD ordinance. Ms. Brenda Fontenot,
410 Alamo, was opposed to being surrounded by commercial
property, and said she did not receive a notice. Director Keck
asked that the Ordinance be left on second reading. Director
Sharp said it was time to take action. Director Adcock asked
that Mr. Rees, Mr. Lawson, or someone notify the property owners
on the other side of the development. (It was noted later that
Staff did send the required notification, but Ms. Fontenot was
not on that list.) Mr. Jim Lawson, Director of Neighborhoods and
Planning, called attention to the fact that Mr. Rees has changed
his proposal since the Agenda Meeting. What staff had approved
was 11C -1" permitted uses, but Mr. Rees wants a video store, which
is a 11C -3" type use. Mr. Rees said he changed his request from
Mixed Use because he was told by the Planning Commission /Staff to
ask for 11C -1" and to ask for the video store to be sure it was in
the Ordinance, but was never told to notify every neighbor. Mr.
Lawson said Mr. Rees was told to ask for the video store because
it was not one of the permitted uses under 11C -1" Neighborhood
Commercial. Following the lengthy discussion, there was a motion
by Director Roy, seconded by Director Sharp, to amend the
Ordinance to provide for 11C -1" Neighborhood Commercial with a
video store. The motion was unanimously adopted by the Board
Members present. The Ordinance, as amended, was then read the
second time, having been read the first time on December 21,
1994. A point of order was called by Director Priest and there
was a brief discussion on the correct version of the proposed
Ordinance. A roll call vote was taken on the motion and second
by Directors Lewellen and Roy, respectively, to suspend the rules
and place the Ordinance on third and final reading, with the
results recorded as follows: Ayes - Directors Sharp, Lewellen,
Mayor Dailey, Directors Scheibner, Priest and Roy - total 6; Noes
- Directors Mason, Adcock, Hendrix, Keck and Joyce - total 5;
Absent - None. The motion failed to obtain the required two -
thirds or eight votes to suspend the rules; therefore, the
Ordinance was left on the calendar for third and final reading on
January 18, 1994.
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Introduced next was Ordinance No. 16,570, with the title
being:
AN ORDINANCE APPROVING MODIFICATIONS TO A PLANNED UNIT
DEVELOPMENT AND PROVIDING FOR THE MAINTENANCE OF A PRD DISTRICT
TITLED HILLSIDE VILLAGE TOWNHOUSES AMENDED SHORT -FORM PRD (Z-
5656-A), LOCATED IN THE 1500 BLOCK OF NORTH FILLMORE STREET, IN
THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NO. 16,391
AND CHAPTER 36, SECTION 36 -176 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES;
(Z- 5656 -A - Hillside Village Townhouses Amended Short -form PRD,
located in the 1500 block of North Fillmore Street.)
and the Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion
from Director Roy, seconded by Director Priest, which was
unanimously adopted by the Board Members present, being eleven in
number and two - thirds or more of the members of the Board of
Directors - elect.
(Director Keck was excused at 9:50 o'clock P.M.)
Upon second reading of the Ordinance, there was a subsequent
motion made by Director Sharp that the rules be suspended and the
Ordinance be placed on third and final reading. Director Mason
seconded the motion, which was adopted 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- elect. A third and last
reading of the Ordinance ensued, followed by an Aye and No Vote
taken on passage of the Ordinance, with the results recorded as
follows: Directors Sharp, Lewellen, Mason, Mayor Dailey,
Directors Adcock, Hendrix, Scheibner, Joyce, Priest and Roy -
total 10; Noes - None; Absent - Director Keck - total 1.
Whereupon, the Ordinance was declared PASSED.
Resolution No. 9,069 was the next presentation, with the
title being:
A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION TO
VACATE A PUBLIC UTILITY EASEMENT IN LOT 7 OF BIXLER COMMERCIAL
SUBDIVISION OF THE CITY OF LITTLE ROCK, ARKANSAS; (January 18,
1994.)
and the Resolution was read in full. There was a motion by
Director Roy, seconded by Director Sharp, to adopt the
Resolution, and the Resolution was adopted unanimously by the
Board Members present.
Item 10 on the Agenda was a proposed Resolution entitled:
"A RESOLUTION TO CLOSE A PORTION OF ARCHWOOD DRIVE LOCATED WITHIN
THE BOUNDARIES OF BOYLE PARK; AND FOR OTHER PURPOSES." Director
Joyce moved to table the Resolution for further review. Director
Adcock seconded the motion, which was adopted by the following
roll call vote: Ayes - Directors Lewellen, Mason, Adcock, Joyce,
Priest and Keck - total 6; Noes - Director Sharp, Mayor Dailey,
Directors Hendrix, Scheibner and Roy - total 5. Therefore, the
proposed Resolution was tabled and will require 8 votes to be
removed from the table. (Note: Director Keck re- enrolled at 9:55
o'clock P.M. and cast the final vote.)
Introduced next was Resolution No. 9,070, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A
CONTRACT FOR UNIFORMS FOR THE FIRE DEPARTMENT; TO AWARD A
CONTRACT FOR TIRES; AND TO AWARD A CONTRACT FOR TIRE RETREADING;
AND FOR OTHER PURPOSES;
E
Minutes
January 4, 1994
(Contract with R & R Uniforms of North Little Rock - Fire
Department uniforms; Tire Centers of Little Rock - tires for
police vehicles; Purcell of Little Rock - truck and off the road
tires and heavy equipment tires; Fleet Tire Service of North
Little Rock - tire retreading.)
and there was a full reading of the Resolution. There was a
motion and second by Directors Lewellen and Scheibner,
respectively, to adopt the Resolution, and the Resolution was
adopted by unanimous voice vote of the Board Members present.
A public hearing had been scheduled for this time and place
by Resolution No. 9,061 (December 21, 1993) on the question of
the issuance of Refunding Bonds by the City of Little Rock,
Arkansas Residential Housing and Public Facilities Board for the
Out -in- the -Woods Apartments Phase II Project, located at 9201
Kanis Road. Notice of the public hearing was duly published on
December 23, 1993, in the Arkansas Democrat Gazette. Mayor
Dailey declared the public hearing open. No opposition was
presented; therefore, Mayor Dailey declared the public hearing
closed, and Resolution No. 9,071 was presented, with the title
being:
A RESOLUTION APPROVING THE ISSUANCE BY THE CITY OF LITTLE
ROCK, ARKANSAS RESIDENTIAL HOUSING AND PUBLIC FACILITIES BOARD OF
NOT TO EXCEED $3,800,000 PRINCIPAL AMOUNT OF MORTGAGE REVENUE
REFUNDING BONDS;
(Out -in- the -Woods Apartments Phase II Project, located at 9201
Kanis Road.)
and the Resolution was read in full. There was a motion by
Director Priest, seconded by Director Adcock, to adopt the
Resolution, and the Resolution was adopted unanimously by the
Board Members present.
Added to the Agenda at the request of Mayor Dailey was
Resolution No. 9,072, with the title being:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF R &G SLOANE
MANUFACTURING COMPANY, INCORPORATED TO PARTICIPATE IN THE
ARKANSAS ENTERPRISE ZONE PROGRAM; (Located at 7777 Sloane Drive)
and following the reading of the Resolution, Director Sharp moved
that the Resolution be adopted. The motion was seconded by
Director Adcock, and the Resolution was adopted by unanimous
voice vote of the Board Members present.
At 10:00 o'clock P.M. Mayor Dailey declared a five minute
recess. When the Board of Directors reconvened at 10:15 o'clock
P.M., Mayor Dailey presided and the following Directors were
present: Directors Priest, Roy, Sharp, Lewellen, Mason, Adcock,
Hendrix, Scheibner, Keck and Joyce - total 10; Absent - None.
Consideration was then given to Resolution No. 9,073,
entitled:
A RESOLUTION TO ESTABLISH A POLICY THAT REQUIRES RESIDENCY
AND DOMICILE WITHIN THE CORPORATE LIMITS OF THE CITY OF LITTLE
ROCK, ARKANSAS, IN ORDER TO RECEIVE A POSITION OF EMPLOYMENT;
DIRECTING THE CITY MANAGER AS CHIEF PERSONNEL OFFICER FOR THE
CITY TO IMPLEMENT THIS POLICY; AND FOR OTHER PURPOSES;
(Beginning January 1, 1994, all new employees will be required to
reside in the corporate limits of the City of Little Rock. The
City Manager may grant a 90 -day period of grace to allow a new
employee to move within the city limits.)
10
511
512
Minutes
January 4, 1994
(See Board discussion of Item 16 on page 4.) Speaking in
opposition to the residency requirement were: Ray Williams, a
firefighter at Station #9 located at 1324 N. Shackleford Road,
who asked if it really matters where a firefighter lives if your
house is on fire, and said if employees are required to live in
Little Rock then City purchases should be limited to Little Rock.
Bernie Sherwood, a firefighter at Station #9 and ex- president of
the Firefighter's Local, said he resented the idea that employees
living outside the City limits do not care and are not dedicated
employees, stating "we respond and treat everybody the same
because it is a pride issue with us." Eric Marsh, a firefighter
at Station #7 at Markham and Elm, said firefighters have a one
year probation, so the time for becoming a resident should be
extended. Johnny Reep, a firefighter at Central Fire Station,
said he is a 22 year resident and a 21 year employee, and he took
his oath as a firefighter to protect the citizens of Little Rock.
He concluded by saying employees should live where they choose
and not be forced to live in the City. Gene Tucker, a
firefighter at Station #21 at 17000 Chenal Parkway, expressed
concern that special consideration might be given because a
person lives within the City and not because that person is a
good employee, and asked the Board of Directors to preserve the
individual's freedom of choice and right to choose. Dan
Washington, 3003 Chester Street, was opposed to the residency
requirement and said it would be a big economic impact on
employees that are required to move and the City could not afford
to deal with the legal cost. One possible solution to bringing
in revenue would be toll bridges on the main arteries to the
City, instead of making individuals move. Mickey D. Stumbaugh, a
Little Rock police officer who lives at Cabot, said he was the
police officer responsible for the community oriented policing
project, and he had the four block area at 18th and Pine Streets.
He said he is dedicated to his job as a police officer and asked
the Board not to pass the residency requirement. James Mullenax,
a firefighter at Engine Company #2, cited an incident on April 4,
1993 in which all ten firefighters were non - residents, but did a
heroic job in fighting a house fire, and five of them were
seriously injured. He said he took great pride in being a Little
Rock firefighter and urged the Board "Do not limit firefighters
to City residents, allow us the option to live where we please."
Jim Lynch, 16 Lenon Drive, speaking in support of the residency
requirement, said it is a matter of economics, you have got to
look at what is the best public policy for the citizens of Little
Rock. Ms. Annie Abrams also spoke in support of the residency
requirement, saying it would be an enhancement to improve the
value of property because the presence of law enforcement
officers living in a neighborhood is a deterrent to crime. Mayor
Dailey then asked for further comments from Board Members.
Director Lewellen said he would recant his proposal to include
all current employees. There was a motion by Director Roy,
seconded by Director Scheibner to adopt Mayor Dailey's proposal
to grandfather in current employees with a 90 day grace period
for new employees. Director Sharp asked it this included police
officers. City Attorney Tom Carpenter said it would exempt the
first group of 30 police officers, but the second group would be
included (referring to the additional police officers to be hired
pursuant to approval of the one -half cent sales tax in November,
1993). The Resolution was adopted by the following roll call
vote: Ayes - Directors Lewellen, Mason, Mayor Dailey, Directors
Adcock, Hendrix, Scheibner, Joyce, Priest and Roy - total 9; Noes
- Directors Sharp and Keck - total 2; Absent - None.
11
A; ? " -'
Minutes
January 4, 1994
The Board was scheduled to make appointments to various
Boards and Commissions, but due to the late hour, appointments
were deferred until Wednesday, January 12, 1994.
There being no further business to be presented, Mayor
Dailey declared the Board of Directors in recess at 11:15 o'clock
P.M. to reconvene on Wednesday, January 12, 1994, at 1:30 o'clock
P.M. to make appointments to various Boards and Commissions and
to consider an appropriation for the Arkansas Aerospace Education
Center.
ATTEST:
Q , �," Cc
City Clerk Robbie Hancock
12
APPROVED:
yor Jim Dailey
513
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