04-19-94588
Board of Directors Room
City Hall - 500 W. Markham St.
Little Rock, Arkansas
April 19, 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, Mason, Adcock,
Hendrix, Scheibner, Keck and Joyce - total 9; Absent - Director
Lewellen - total 1.
With a quorum present, Mayor Dailey declared the Board of
Directors in session and the proceedings of the meeting are
recorded as follows.
The Invocation was given by Director Keck, followed by the
Pledge of Allegiance.
The Consent Agenda was the first presentation, which
consisted of the following items:
(a) The Minutes of the Board of Directors meeting held
March 1, 1994. (Deferred at the request of the City Clerk.)
(b) The Little Rock Regional Airport Independent Auditor's
Report for the year ended December 31, 1993. (To be received and
filed.)
(c) The Little Rock Advertising & Promotion Commission
Financial Statement for the years ended December 31, 1993 and
1992. (To be received and filed.)
(d) A motion to set the date of hearing on the appeal of
the Planning Commission's denial of a Planned Unit Development
titled Barrow Mini - Storage Short Form PCD (2- 5709), located at
2000 South John Barrow Road. (May 3, 1994.)
(e) Resolution No. 9,142 entitled:
A RESOLUTION TO ENCOURAGE THE FEDERAL GOVERNMENT TO
TAKE AFFIRMATIVE ACTION TO STOP CRIME AND VIOLENCE IN OUR CITIES
AND TOWNS.
(f) Resolution No. 9,143, described as:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE A PORTION OF BIRCHWOOD DRIVE IN
MARKHAM PINES ADDITION, TO THE CITY OF LITTLE ROCK, ARKANSAS.
(May 3, 1994.)
(g) Resolution No. 9,144, with the title being:
A RESOLUTION TO SET THE DATE OF THE PUBLIC HEARING ON
THE PETITION TO VACATE AND CLOSE ALL OF AN EAST WEST ALLEY AND A
PORTION OF A NORTH SOUTH ALLEY IN BLOCK 3 OF THE OAK FOREST
ADDITION TO THE CITY OF LITTLE ROCK, AND TO ABANDON THE PUBLIC
UTILITY EASEMENTS LOCATED WITHIN THOSE ALLEY RIGHTS -OF -WAY. (May
3, 1994.)
(h) Resolution No. 9,145, entitled:
A RESOLUTION SETTING THE DATE FOR PUBLIC HEARING ON MAY
3, 1994, ON A PROPOSAL TO CHANGE THE NAME OF PERDIDO DRIVE, IN
THE ST. CHARLES ADDITION OF LITTLE ROCK, TO CONTI DRIVE.
1
is _.
Minutes
April 19, 1994
(i) Resolution No. 9,146, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF A NOVELL COMPUTER
SYSTEM FOR JTPA. (Cad -Scan of Sherwood, AR - not to exceed
$33,990.55.)
(j) Resolution No. 91147, with the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF A DOZER FOR THE
STREET DIVISION OF THE PUBLIC WORKS DEPARTMENT. (J. A. Riggs -
$110,370.)
(k) Resolution No. 9,148,'entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR CONSTRUCTION OF THE WIDENING OF
HUGHES STREET FROM "H" STREET TO EVERGREEN DRIVE AS A PART OF THE
1988 BOND ISSUE NEIGHBORHOOD STREETS PROJECT. (Lambert
Construction Co. - not to exceed $220,626.32.)
(1) Resolution No. 9,149, described as:
A RESOLUTION TO ENDORSE THE CITY MOVING FORWARD TO
CREATE TWO ADDITIONAL NEIGHBORHOOD ALERT CENTERS; AND FOR OTHER
PURPOSES;
Upon motion and second by Directors Adcock and Scheibner,
respectively, which was unanimously adopted by the Board Members
present, the Consent Agenda was dispensed with as follows: (a)
The Minutes of the Board of Directors regular meeting held March
1, 1994 were deferred at the request of City Clerk Robbie
Hancock; (b) the Little Rock Regional Airport Independent
Auditors' Report for the year ended December 31, 1993 was
received and filed; (c) the Little Rock Advertising & Promotion
Commission Financial Statement for the years ended December 31,
1993 and 1992 was received and filed; (d) the motion setting the
date of hearing for May 3, 1994 on the appeal of Zoning Case
Z -6709 Barrow Mini - Storage Short Form PCD was adopted; and (e, f,
g, h, i, j, k and 1) Resolutions No. 9,142, 9,143, 9,144, 9,145,
9,146, 9,147, 9,148 and 9,149 were read in full and unanimously
adopted.
At the time allotted for Citizen Communications, the first
speaker was Mr. Ray Metzger, 11905 Desoto Forest Drive, who
addressed the Board of Directors on the expansion of Chenal
Parkway. He said he does not oppose the Catholic Church's zoning
application because they have had considerable commercial zoning
from the very inception of the parkway; donated the easement for
a huge water line and sewer line that runs across their property;
donated land for the right -of -way for the parkway; and paid taxes
on that commercial zoning for all these years. He stated it is
corrupt for the free enterprise system for out of town businesses
to move in and have the city forgive all taxes for them. Mr.
Metzger said Chenal Parkway was not designed as an expressway and
signs should be posted and policed to keep heavy trucks off the
parkway. He said 70% of all traffic accidents occur at ingress
and egress and every curb cut on the parkway means more accidents
to investigate and people hurt. He urged the City to go after
the third leg of the parkway from Kanis south to the County Line
and I -30, which would give a new infrastructure, and then open up
Kanis, Col. Glenn, and Crystal Valley to give access to that. Mr.
Metzger said that the Arkansas Highway Department had a plan to
redesign the end of the I -630 interchange and was going to put in
(at no expense to the city) an off ramp at Markham and one at
Kanis, to disperse the traffic out west. However, the City
Manager at that time refused to write a letter agreeing to the
plan, instead saying he wanted it to go due west. The Highway
Commission was furious. Mr. Metzger concluded by saying we need
2
•
/1�r,
590
Minutes
April 19, 1994
to get a committee together to get some healing done at the
Highway Commission because the City has lost millions of dollars
because of that incident.
The next speaker was Mr. Carroll Strickland, 4107 Bruno
Road, who read a memorandum from the Upper Baseline Neighborhood
Association requesting an alert center update and stating that an
additional house has been offered for an alert center; more
signatures on petitions have been received; start up funds have
exceeded the purchase of a bicycle; and volunteers to handle the
telephone in the alert center are in ample supply. Mr.
Strickland said he believed they had met the criteria set out by
the City to have an alert center and requested a favorable
decision at the earliest time practical. City Manager Charles
Nickerson stated this is in one of the areas identified for an
alert center and the City will be developing criteria to go back
and further amplify with all neighborhoods very shortly.
Ms. Kathy Wells, representing the Coalition of Little Rock
Neighborhoods, expressed concern about the City's funding of the
Nathaniel Hill Community Complex on East 6th Street. She said
when the Board acted on this year's budget for the CDBG program
and accepted the Staff recommendation, they ended up leaving the
City's share of the funding for the complex where it was and did
not advance that to a higher percentage. She was very anxious to
see that the City continue to pick up its share each year, so
that when federal funds are gone, the City is assured of funding
for the Nat Hill Community Complex.
The last speaker at Citizen Communications time was Mr.
Robert "Say" McIntosh, who spoke on the subject of violence in
the schools. He thanked Fellowship Baptist Church on Hinson Road
for coming to his community and helping them clean up. He
expressed concern about black on black crime, especially in the
schools. He concluded by saying he had been telling the Wall
Street Journal some nice things about the City and urging parents
to be aware of where their children are.
Consideration was then given to a proposed Ordinance
entitled:
AN ORDINANCE CONDEMNING THE STRUCTURE AT 715 SHERMAN STREET
IN THE CITY OF LITTLE ROCK, FORMERLY USED AS KRAMER ELEMENTARY
SCHOOL, AS A STRUCTURAL, FIRE AND HEALTH HAZARD; PROVIDING FOR
SUMMARY ABATEMENT PROCEDURES; DIRECTING THE CITY ATTORNEY TO TAKE
SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID STRUCTURE;
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
(At 6:20 P.M. Director Roy was excused from the table in order to
speak at the podium as a citizen and owner of Kramer School at
715 Sherman Street.)
and the Ordinance was read the second time, having been read the
first time on April 5, 1994. City Manager Charles Nickerson
confirmed Mayor Dailey's statement that if the Board takes action
tonight to condemn the structure, the City or the owner will move
forward with demolition. If the Board does not pass the
Ordinance, the building will continue in it's existing condition,
since Dr. Roy has had the structure boarded and secured. Ms.
Kathy Wells, President -elect of the Coalition of Little Rock
Neighborhoods, urged the Board to adopt a policy that promotes
rehabilitation of housing stock; look at the broader issue of
housing stock. Ms. Jamye Landis, Executive Director of the
Historic Preservation Alliance of Arkansas, spoke briefly on
three points: (1) reaffirmed the authority of the Little Rock
Historic District Commission - to undermine its authority sets a
dangerous precedent; (2) the importance of preserving our
heritage - Kramer School is Little Rock's oldest standing school
and to destroy it would be a tragedy (she cited the case of the
Old State House); and (3) she urged the Board to give time to
Minutes
April 19, 1994
591
gather the resources to make Kramer School a viable contributing
part of our community. Ms. Ranie Rule, President of the Quapaw
Quarter Association, asked the Board to partner with the QQA in
saving Kramer School. A petition to save Kramer School was
presented to the Board of Directors. Ms. Cheryl Nichols,
Executive Director of the Quapaw Quarter Association, referred to
written information provided to the Board of Directors by QQA and
listed some potential uses that would be appropriate for Kramer
School: (1) apartments, (2) a multi - agency complex, and (3) a
fitness center. She concluded by asking the Board to allow time
for plans to be finalized for an appropriate new use for the
building. Mr. Tom McGowan, a resident of the Governor's Mansion
Historic District and a member of QQA, urged the Board to
consider that the McArthur Park Historic District requires
extreme sensitivity. He said the history of the building over
the last 10 years shows that we have been very close twice to
preserving the historic building and asked for a third
opportunity to make Kramer School the structure it deserves to
be. Michelle Roy (Mrs. Hamp Roy), speaking in support of the
Ordinance, stated they have been patient, but now it is time for
the Board to give the Roys the opportunity to tear down Kramer
School. Ms. Cindy Parkison also spoke in support of the
Ordinance. Ms. Linda S. Caillouet, 1900 Broadway, asked the
Board to refrain from letting Dr. Roy destroy Kramer School. Dr.
Kamp Roy, owner of Kramer School, stated he bought Kramer School
in 1989 for $150,000, was fined very heavily by PC &E, spent
thousands of dollars for asbestos removal, and has repeatedly
gone in and closed up the building. He concluded by stating he
had tried in good faith to do something with the building to live
in and also tried to give it to nonprofit organizations,
unsuccessfully. He concluded by asking the Board to vote to
demolish the building. Director Keck stated if there is the
possibility of saving the building (referring to the QQA
material) he would like to support it and moved to table the
Ordinance for two weeks in order to review the QQA plan. The
motion died for lack of a second. There was a motion by Director
Hendrix, seconded by Director Priest, to suspend the rules and
place the Ordinance on third and final reading. The motion was
adopted by the following voice vote: Ayes - Directors Joyce,
Priest, Sharp, Mason, Mayor Dailey, Directors Adcock, Hendrix and
Scheibner - total 8; Noes - Director Keck - total 1; Absent -
Directors Roy and Lewellen - total 2. The Ordinance was then
read the third and last time, and a roll call vote was taken on
the question, Shall the Ordinance Pass, with the following
results: Ayes - Directors Joyce, Sharp, Mason and Scheibner -
total 4; Noes - Directors Keck, Priest, Mayor Dailey, Directors
Adcock and Hendrix - total 5; Absent - Directors Roy and Lewellen
- total 2. (Note: Director Roy had been excused from the
table.) Mayor Dailey announced that the Ordinance had FAILED.
The next presentation was Zoning Application 2-5782 filed by
James H. Hill to reclassify property at 11,225 I -30 from "R -2"
Single- family District to 11I -2" Light Industrial District. The
rezoning was approved by the Planning Commission on February 22,
1994. No opposition was presented and Ordinance No. 16,629 was
introduced, 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 -5782 - To rezone 11225 I -30 from 11R -2" Single- family District
to 11I -2" Light Industrial District.)
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading upon a
motion made by Director Sharp, seconded by Director Mason, and
unanimously adopted by the Board Members present, being nine in
number and two - thirds or more of the members of the Board of
4
592
Minutes
April 19, 1994
Directors - elect. The Ordinance was then read the second time,
followed by a motion and second by Directors Priest and Mason,
respectively, to again suspend the rules and place the Ordinance
on third and final reading. The motion was adopted unanimously
by the Board Members present, being nine in number and two - thirds
or more of the members of the Board of Directors - elect, and the
Ordinance was read the third and last time. A roll call vote was
taken on passage of the Ordinance with the results recorded as
follows: Ayes - Directors Keck, Joyce, Priest, Sharp, Mason,
Mayor Dailey, Directors Adcock, Hendrix, and Scheibner - total 9;
Noes - None; Absent - Directors Roy and Lewellen - total 2.
Therefore, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 16,630, with the following
caption:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED RESIDENTIAL DISTRICT TITLED THE OAKS OF
CHENAL, LOTS B AND G AMENDED LONG -FORM PRD (Z- 5588 -A), AND
LOCATED ON THE SOUTH SIDE OF CHENAL PARKWAY AND EAST OF CHENAL
CLUB BOULEVARD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING
CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK;
AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading upon a
motion made by Director Sharp, seconded by Director Mason, and
unanimously adopted by the Board Members present, being nine in
number and two - thirds or more of the members of the Board of
Directors - elect. The Ordinance was then read the second time,
followed by a motion and second by Directors Priest and Mason,
respectively, to again suspend the rules and place the Ordinance
on third and final reading. The motion was adopted unanimously
by the Board Members present, being nine in number and two - thirds
or more of the members of the Board of Directors - elect, and the
Ordinance was read the third and last time. A roll call vote was
taken on passage of the Ordinance with the results recorded as
follows: Ayes - Directors Keck, Joyce, Priest, Sharp, Mason,
Mayor Dailey, Directors Adcock, Hendrix, and Scheibner - total 9;
Noes - None; Absent - Directors Roy and Lewellen - total 2.
Therefore, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 16,631,
entitled:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE I -430
DISTRICT, CHANGING AN AREA FROM LOW DENSITY MULTIFAMILY TO MIXED
OFFICE - WAREHOUSE, SOUTH OF KANIS ON THE EAST SIDE OF BOWMAN ROAD
AND FOR OTHER MATTERS;
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading upon a
motion made by Director Sharp, seconded by Director Mason, and
unanimously adopted by the Board Members present, being nine in
number and two - thirds or more of the members of the Board of
Directors - elect. The Ordinance was then read the second time,
followed by a motion and second by Directors Priest and Mason,
respectively, to again suspend the rules and place the Ordinance
on third and final reading. The motion was adopted unanimously
by the Board Members present, being nine in number and two - thirds
or more of the members of the Board of Directors - elect, and the
Ordinance was read the third and last time. A roll call vote was
taken on passage of the Ordinance with the results recorded as
follows: Ayes - Directors Keck, Joyce, Priest, Sharp, Mason,
Mayor Dailey, Directors Adcock, Hendrix, and Scheibner - total 9;
Noes - None; Absent - Directors Roy and Lewellen - total 2.
Therefore, the Ordinance was declared PASSED.
5
Minutes
April 19, 1994
593
The next presentation was Ordinance No. 16,632, described
as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED OFFICE DISTRICT TITLED BOWMAN COMMERCIAL
PARK LONG -FORM POD (Z- 5800), AND LOCATED ON THE EAST SIDE OF
BOWMAN ROAD, APPROXIMATELY 0.2 MILES SOUTH OF KANIS 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;
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading upon a
motion made by Director Sharp, seconded by Director Mason, and
unanimously adopted by the Board Members present, being nine in
number and two - thirds or more of the members of the Board of
Directors - elect. The Ordinance was then read the second time,
followed by a motion and second by Directors Priest and Mason,
respectively, to again suspend the rules and place the Ordinance
on third and final reading. The motion was adopted unanimously
by the Board Members present, being nine in number and two - thirds
or more of the members of the Board of Directors - elect, and the
Ordinance was read the third and last time. A roll call vote was
taken on passage of the Ordinance with the results recorded as
follows: Ayes - Directors Keck, Joyce, Priest, Sharp, Mason,
Mayor Dailey, Directors Adcock, Hendrix, and Scheibner - total 9;
Noes - None; Absent - Directors Roy and Lewellen - total 2.
Therefore, the Ordinance was declared PASSED.
(Director Roy was re- enrolled at 7:12 o'clock P.M.)
Introduced next was Zoning Application Z -5791 filed by
Lynton Egbosimba to rezone 3620 Asher Avenue from 11R -2" Single -
family District to 11C -1" Neighborhood Commercial District. The
reclassification was approved by the Planning Commission on March
8, 1994. No opposition was presented to the rezoning and
Ordinance No. 16,633 was introduced, with the following caption:
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 -5791 - To rezone property at 3120 Asher Avenue from 11R -2"
Single- family District to 11C -1" Neighborhood Commercial
District.)
and the Ordinance was 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 ten in
number and two - thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued.
There was a subsequent motion by Directors Mason and Adcock,
respectively, to again suspend the rules and place the Ordinance
on third and final reading. The motion was adopted unanimously
by the Board Members present, being ten in number and two - thirds
or more of the members of the Board of Directors - elect, and the
Ordinance was read the third and last time. A roll call vote was
taken on the question, Shall the Ordinance Pass, with the results
recorded as follows: Ayes - Directors Keck, Joyce, Priest, Roy,
Sharp, Mason, Mayor Dailey, Directors Adcock, Hendrix and
Scheibner - total 10; Noes - None; Absent - Director Lewellen -
total 1. Whereupon, the Ordinance was declared PASSED.
19
594
Minutes
April 19, 1994
Consideration was then given to Ordinance No. 16,634,
described as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED DICK LAYTON
SHORT -FORM PCD (Z- 5803), AND LOCATED AT THE SOUTHWEST CORNER OF
CHENAL PARKWAY AND W. MARKHAM STREET IN THE CITY OF LITTLE ROCK,
ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. Mr. David Jones,
speaking on behalf of the applicant, presented the plan for Dick
Layton Buick Planned Commercial District, and listed restrictions
placed on the property. He responded to questions by Board
Members. (Also see discussion related to Ordinances No. 16,338
and 16,339 below.) There was a motion by Director Keck, seconded
by Director Priest to suspend the rules and place the Ordinance
on second reading. The motion was adopted unanimously by the
Board Members present, being ten in number and two - thirds or more
of the members of the Board of Directors - elect, and the second
reading of the Ordinance ensued. There was a subsequent motion
by Directors Roy and Sharp, respectively, to suspend the rules
and place the Ordinance on third and final reading, and the
motion was adopted unanimously by the Board Members present,
being ten in number and two - thirds or more of the members of the
Board of Directors - elect. The Ordinance was then read the third
and last time. A roll call vote was taken on passage of the
Ordinance, with the results recorded as follows: Ayes -
Directors Keck, Joyce, Priest, Roy, Sharp, Mason, Mayor Dailey,
Directors Adcock, Hendrix and Scheibner - total 10; Noes - None;
Absent - Director Lewellen - total 1. Whereupon, the Ordinance
was PASSED.
Introduced next was Ordinance No. 16,635, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF
STREET RIGHT -OF -WAY AND STREET CONSTRUCTION REQUIREMENTS FOR
CHENAL BUSINESS ADDITION (S- 1009), AND LOCATED AT THE SOUTHWEST
CORNER OF CHENAL PARKWAY AND WEST MARKHAM STREET; AND FOR OTHER
PURPOSES;
and there was a first reading of the Ordinance. The rules were
suspended and the Ordinance placed on second reading upon motion
and second by Directors Keck and Priest respectively, which was
unanimously adopted by the Board Members present, being ten in
number and two - thirds or more of the members of the Board of
Directors - elect. Following the second reading of the Ordinance,
there was a subsequent motion to again suspend the rules and
place the Ordinance on third and final reading. The motion was
made by Director Roy, seconded by Director Sharp, and adopted
unanimously by the Board Members present, being ten 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, and a
roll call vote was taken on passage of the Ordinance, with the
results recorded as follows: Ayes - Directors Keck, Joyce,
Priest, Roy, Sharp, Mason, Mayor Dailey, Directors Adcock,
Hendrix and Scheibner - total 10; Noes - None; Absent - Director
Lewellen - total 1. Whereupon, the Ordinance was PASSED.
Ordinance No. 16,636, was the next presentation, with the
following caption:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF
STREET REQUIREMENTS AND A WAIVER FROM THE RESTRICTION ON DOUBLE -
FRONTAGE LOTS FOR MARY KAY ADDITION (S- 1011), LOCATED
APPROXIMATELY 0.1 MILES NORTH OF RAINES ROAD, BETWEEN BRIXIE ROAD
AND SULLIVAN ROAD; AND FOR OTHER PURPOSES;
7
J-14
A
Minutes
April 19, 1994
and there was a first reading of the Ordinance. The rules were
suspended and the Ordinance placed on second reading upon motion
and second by Directors Keck and Priest respectively, which was
unanimously adopted by the Board Members present, being ten in
number and two - thirds or more of the members of the Board of
Directors - elect. Following the second reading of the Ordinance,
there was a subsequent motion to again suspend the rules and
place the Ordinance on third and final reading. The motion was
made by Director Roy, seconded by Director Sharp, and adopted
unanimously by the Board Members present, being ten 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, and a
roll call vote was taken on passage of the Ordinance, with the
results recorded as follows: Ayes - Directors Keck, Joyce,
Priest, Roy, Sharp, Mason, Mayor Dailey, Directors Adcock,
Hendrix and Scheibner - total 10; Noes - None; Absent - Director
Lewellen - total 1. Whereupon, the Ordinance was PASSED.
The next presentation was Ordinance No. 16,637, entitled:
AN ORDINANCE TO AMEND LITTLE ROCK, ARK., ORDINANCE NO.
16,561 (DECEMBER 21, 1993), TO PROVIDE FUNDS FROM THE ONE -HALF
CENT SALES TAX REVENUES TO FUND POSITIONS AND EQUIPMENT FOR ONE
(1) SENIOR CODE ENFORCEMENT OFFICER, FIVE (5) CODE ENFORCEMENT
OFFICERS AND A GIS ANALYST FOR THE RENTAL PROPERTY INSPECTION
PROGRAM; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
and there was a first reading of the Ordinance. The rules were
suspended and the Ordinance placed on second reading upon motion
and second by Directors Keck and Priest respectively, which was
unanimously adopted by the Board Members present, being ten in
number and two - thirds or more of the members of the Board of
Directors - elect. Following the second reading of the Ordinance,
there was a subsequent motion to again suspend the rules and
place the Ordinance on third and final reading. The motion was
made by Director Roy, seconded by Director Sharp, and adopted
unanimously by the Board Members present, being ten 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, and a
roll call vote was taken on passage of the Ordinance, with the
results recorded as follows: Ayes - Directors Keck, Joyce,
Priest, Roy, Sharp, Mason, Mayor Dailey, Directors Adcock,
Hendrix and Scheibner - total 10; Noes - None; Absent - Director
Lewellen - total 1.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes - Directors Keck, Joyce, Priest, Roy, Sharp, Mason,
Mayor Dailey, Directors Adcock, Hendrix and Scheibner - total 10;
Noes - None; Absent - Director Lewellen - total 1. Therefore,
the Ordinance, together with the Emergency Section, was then
declared PASSED.
Consideration was then given to Ordinance No. 16,638,
described as:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE ELLIS
MOUNTAIN DISTRICT, CHANGING AN AREA FROM OFFICE TO COMMERCIAL,
BETWEEN CHENAL AND ATKINS, SOUTH OF MARKHAM AND FOR OTHER
MATTERS;
and the Ordinance was read the first time. (See discussion
related to Ordinance No. 16,339 below.) The rules were suspended
and the Ordinance placed on second reading by a motion made by
Director Roy, seconded by Director Sharp, and unanimously adopted
by the Board Members present, being ten in number and two - thirds
or more of the members of the Board of Directors - elect. Upon
second reading of the Ordinance, there was a subsequent motion by
Director Roy, seconded by Director Sharp, to again suspend the
rules and place the Ordinance on third and final reading. The
8
595
}
596
Minutes
April 19, 1994
motion was adopted unanimously by the Board Members present,
being ten 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 the question,
Shall the Ordinance Pass, with the following results: Ayes -
Directors Keck, Joyce, Priest, Roy, Sharp, Mason, Mayor Dailey,
Directors Adcock, Hendrix and Scheibner - total 10; Noes - None;
Absent - Director Lewellen - total 1. Therefore, the Ordinance
was declared PASSED.
Zoning Application 2-5802 to rezone 3.29 acres at Chenal
Parkway and Atkins Road from 110-3" General Office District to 11C-
2" Shopping Center District was the next presentation. The
application was filed by Robert Brown of Development Consultants,
Inc. for the Roman Catholic Diocese of Little Rock and was
approved by the Planning Commission on March 22, 1994. Mrs. Ruth
Bell, representing the League of Women Voters of Pulaski County,
expressed concern that the City may be zoning more commercial
property without making plans to handle the increased traffic
flow. Mrs. Nancy Meek, 12718 Valleywood Drive, said she was
opposed to the rezoning because her property will be depreciated,
and she doesn't want the woods behind her house destroyed. Mr.
Dickson Flake, representing the Catholic Diocese, responded to
questions by Board Members. Mr. Robert Brown, Development
Consultants, explained the proposal to amend the Land Use Plan in
the Ellis Mountain District, to rezone 3.29 acres at Chenal
Parkway and Atkins Road, and to establish the Dick Layton Buick
Short -form PCD at the southwest corner of Chenal Parkway and West
Markham Street (see Ordinance No. 16,634 above), which are all
related projects. Also speaking in opposition to the rezoning
were Mrs. Mary Douglas - 312 Atkins Road; Mrs. Jeanie Meachum
Mencer - 12722 Valleywood Drive; Ms. Christi Phelps - 12725
Valleywood Drive, and Ms. Tammy Holbert - 12720 Valleywood Drive.
They wanted some kind of buffer to keep the neighborhocd in tact
and would like a minimum buffer of trees as they now exist.
Assistant City Attorney Steve Giles reminded the Board of
Directors that the protection the landowners are suggesting
cannot be handled in this application. Mr. Flake said he had
voluntarily agreed to increase the minimum building setback on
the south side from 15 feet to 35 feet for the 200 ft. strip,
provided a two -story building is constructed, and he committed to
follow up on whatever paperwork is necessary to implement that.
At the request of Mayor Dailey, Mr. Flake restated for the record
that: (1) we have agreed at the Planning Commission level to
limit the building height in the 110-2" zoned area to two levels;
and (2) we have, subsequent to the Planning Commission, committed
that for any two level building, we will increase the minimum
rear yard set back for the building from 15 feet to 35 feet in
the area backing up to the neighborhood. Director Keck asked if
Dick Layton had agreed to help the neighborhood in developing a
neighborhood park and the response was yes. Ordinance No. 16,639
was then presented, with the title being:
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 -5802 - To rezone 3.29 acres at Chenal Parkway and Atkins Road
from 110-3" General Office District to 11C -2" Shopping Center
District.)
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading by a motion
made by Director Roy, seconded by Director Sharp, and unanimously
adopted by the Board Members present, being ten in number and
two - thirds or more of the members of the Board of Directors -
elect. Upon second reading of the Ordinance, there was a
subsequent motion by Director Roy, seconded by Director Sharp, to
again suspend the rules and place the Ordinance on third and
0
Minutes
April 19, 1994
U Me
final reading. The motion was adopted unanimously by the Board
Members present, being ten 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 the question, Shall the Ordinance Pass, with the following
results: Ayes - Directors Keck, Priest, Sharp, Mason, Mayor
Dailey and Director Scheibner - total 6; Noes - Directors Joyce,
Roy, Adcock and Hendrix - total 4; Absent - Director Lewellen -
total 1. Therefore, the Ordinance was declared PASSED.
At 8:30 o'clock P.M. Mayor Dailey declared a ten minute
recess. When the Board of Directors reconvened at 8:45 o'clock
P.M., Mayor Dailey presided and the following Directors were
present: Directors Priest, Roy, Sharp, Mason, Adcock, Hendrix,
Scheibner, Keck and Joyce - total 9; Absent - Director Lewellen -
total 1.
The next presentation was a proposed Ordinance entitled:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE RIVER
MOUNTAIN DISTRICT, CHANGING AN AREA FROM OFFICE TO COMMERCIAL AND
OPEN SPACE, AT THE NW CORNER OF HINSON ROAD AND RODNEY PARHAM;
AND FOR OTHER MATTERS; (Re: Z- 5412 -B - Walgreen's.)
and the Ordinance was read the first time. (See discussion
related to the Walgreen's PCD - 2- 5412 -B below.) There was a
motion by Director Adcock, seconded by Director Joyce, to suspend
the rules and place the Ordinance on second reading. The motion
was unanimously adopted by the Board Members present, being ten
in number and two - thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued.
There was a subsequent motion and second to again suspend the
rules and place the Ordinance on third and final reading. The
motion was made by Director Priest, seconded by Director Roy, and
unanimously adopted by the Board Members present, being ten in
-- number and two - thirds or more of the members of the Board of
Directors - elect. The Ordinance was then read the third and last
time. A roll call vote was taken on passage of the Ordinance
with the response recorded as follows: Ayes - Director Joyce -
total 1; Noes - Directors Keck, Priest, Roy, Sharp, Mason, Mayor
Dailey, Directors Adcock, Hendrix and Scheibner - total 9; Absent
- Director Lewellen - total 1. Whereupon, Mayor Dailey announced
that the Ordinance had FAILED.
Consideration was then given to a proposed Ordinance
described as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED WALGREEN'S
RODNEY PARHAM & HINSON SHORT -FORM PCD (Z- 5412 -B), LOCATED AT THE
NW CORNER OF RODNEY PARHAM ROAD, AND HINSON 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;
(2- 5412 -B - To establish a Planned Commercial District titled
Walgreen's Rodney Parham & Hinson Short -Form PCD, located at the
NW corner of Rodney Parham Road and Hinson Road.)
Mr. Jim Hathaway, representing the applicant, Hawkins - Smith, made
a ten minute presentation. Mr. Tom Thrash, representing the
�- Board of Directors of Pleasant Valley Country Club, stated the
Pleasant Valley Country Club Board had agreed to withdraw its
opposition. Mr. David Jones, representing the property owner,
Mrs. W. R. Camp, and Mr. Gary Hawkins, representing Walgreen's,
both spoke in support of the proposal. Mr. Ron Newman, Planning
Manager, Department of Neighborhoods and Planning, presented the
Land Use Plan. Several persons spoke in opposition to the
Walgreen's PCD. Attorney Mark Spradley spoke on behalf of the
property owners who oppose the application. He stated the real
issue is the land use. Rodney Parham and Hinson have always been
10
598
Minutes
April 19, 1994
natural barriers. Others speaking in opposition were: Dr. Jim
Cornett, 11701 Fairway Drive; Mr. Jack Castin, 2 Colony Road; Mr.
Dick Zemann, 10 Valley Club Circle; Mr. Bill Casey, 539 Valley
Club Circle, a resident of Pleasant Valley; Col. Paul Callahan,
representing the Board of Directors of Pleasant Valley Property
Owners Association; Mr. Bill Barnes, representing Equity
Corporation; Mr. Phil Harrington, 8 Valley Club Circle - asked
the Board to consider the proper use of this property and to
stick with the plan that was developed; Mr. Emery Jarrett, 601
Valley Club; Mrs. Margaret Cornett, 11701 Fairway Drive; Mr. V.
C. Wright, 14 Masters Circle; and Mr. Sandy McMath, 364 Valley
Club Circle. Following the lengthy two hour discussion, the
Ordinance was read the first time. There was a motion by
Director Adcock, seconded by Director Joyce, to suspend the rules
and place the Ordinance on second reading. The motion was
unanimously adopted by the Board Members present, being ten in
number and two - thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued.
There was a subsequent motion and second to again suspend the
rules and place the Ordinance on third and final reading. The
motion was made by Director Priest, seconded by Director Roy, and
unanimously adopted by the Board Members present, being ten in
number and two - thirds or more of the members of the Board of
Directors - elect. The Ordinance was then read the third and last
time. A roll call vote was taken on passage of the Ordinance
with the response recorded as follows: Ayes - Director Joyce -
total 1; Noes - Directors Keck, Priest, Roy, Sharp, Mason, Mayor
Dailey, Directors Adcock, Hendrix and Scheibner - total 9; Absent
- Director Lewellen - total 1. Whereupon, Mayor Dailey announced
that the Ordinance had FAILED.
Introduced next was Ordinance No. 16,640, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED MEDICAL
ELECTRONICS, INC. SHORT -FORM PCD (Z- 5801), AND LOCATED ON THE
SOUTH SIDE OF LAWSON ROAD, APPROXIMATELY 0.6 MILES WEST OF
COLONEL GLENN 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;
and the Ordinance was read the first time. There was a motion by
Director Mason, seconded by Director Sharp, to suspend the rules
and place the Ordinance on second reading. The motion was
adopted unanimously by the Board Members present, being ten in
number and two - thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued.
There was a subsequent motion, made by Director Sharp and
seconded by Director Scheibner, to again suspend the rules and
place the Ordinance on third and final reading, and the motion
was unanimously adopted by the Board Members present, being ten
in number and two - thirds or more of the members of the Board of
Directors - elect. Mr. Pat Morris, the applicant, explained that
he wanted to build a building in order to expand his business.
Responding to Director Adcock's question why staff is
recommending denial, Mr. Richard Wood, Department of
Neighborhoods and Planning, stated this is a non - conforming use.
Mr. Ron Newman, Planning Manager, explained the Land Use Plan.
(Director Priest was excused at 10:47 o'clock P.M.)
There was a third and last reading of the Ordinance, after which
a roll call vote was taken on the question, Shall the Ordinance
Pass, with the results recorded as follows: Ayes - Directors
Keck, Roy, Sharp, Mason, Mayor Dailey, Directors Hendrix and
Scheibner - total 7; Noes - Directors Joyce and Adcock - total 2;
Absent - Directors Priest and Lewellen - total 2. Therefore, the
Ordinance was declared PASSED.
11
Minutes
April 19, 1994
Consideration was then
described as:
given to Ordinance No. 16,641,
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL
FOR A FIVE YEAR TIME PERIOD OF THE REQUIREMENT TO CONSTRUCT
STREET IMPROVEMENTS ALONG THE LAWSON ROAD FRONTAGE OF MEDICAL
ELECTRONICS, INC. PCD (Z- 5801), LOCATED ON THE SOUTH SIDE OF
LAWSON ROAD, APPROXIMATELY 0.6 MILES WEST OF COLONEL GLENN ROAD;
AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. There was a motion by
Director Mason, seconded by Director Sharp, to suspend the rules
and place the Ordinance on second reading. The motion was
adopted unanimously by the Board Members present, being ten in
number and two - thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued.
There was a subsequent motion, made by Director Sharp and
seconded by Director Scheibner, to again suspend the rules and
place the Ordinance on third and final reading, and the motion
was unanimously adopted by the Board Members present, being ten
in number and two - thirds or more of the members of the Board of
Directors - elect. There was a third and last reading of the
Ordinance, after which a roll call vote was taken on the
question, Shall the Ordinance Pass, with the results recorded as
follows: Ayes - Directors Keck, Roy, Sharp, Mason, Mayor Dailey,
Directors Hendrix and Scheibner - total 7; Noes - Directors Joyce
and Adcock - total 2; Absent - Directors Priest and Lewellen -
total 2. Therefore, the Ordinance was declared PASSED.
(Director Priest was re- enrolled at 10:55 o'clock P.M.)
Introduced next was a proposed Ordinance entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF
STREET IMPROVEMENTS TO GEYER SPRINGS ROAD FOR THE SOUTHWEST
CHRISTIAN ACADEMY TO BE LOCATED AT 11301 GEYER SPRINGS ROAD (Z-
5786);
and there was a first reading of the Ordinance. The rules were
suspended and the Ordinance placed on second reading by a motion
made by Director Roy and seconded by Director Joyce, which was
unanimously adopted by the Board Members present, being ten in
number and two - thirds or more of the members of the Board of
Directors - elect. Following the second reading of the Ordinance,
there was a subsequent motion by Director Adcock, seconded by
Director Priest, to again suspend the rules and place the
Ordinance on third and final reading. The motion was adopted
unanimously by the Board Members present, being ten 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 Roy and Sharp -
total 2; Noes - Directors Keck, Joyce, Priest, Mason, Mayor
Dailey, Directors Adcock, Hendrix and Scheibner - total 8; Absent
- Director Lewellen - total 1. Whereupon, Mayor Dailey declared
that the Ordinance had FAILED.
A public hearing had been set for this time and place by
Resolution No. 9,130, adopted April 5, 1994, on the petition
filed by Blissard Management & Realty, Inc. for Marie Childress
to vacate and abandon the north 5 feet of a 10 foot easement
located on the south side of Lot 9, Broadmoor Addition to the
City of Little Rock. Notice of hearing was duly published in the
Daily Record on April 12, 1994 and April 19, 1994. Attached to
the petition was a certified copy of the plat of Broadmoor
Addition on file in the Pulaski County Circuit Clerk's Office and
a letter from Lenders Title Company listing the last apparent
owners of record of the abutting property. Mayor Dailey declared
12
ff, _
599
600
Minutes
April 19, 1994
the public hearing open, but no one was present to speak in
opposition to the abandonment. Mayor Dailey declared the public
hearing closed, and Ordinance No. 16,642 was presented, with the
title being:
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN LOT 9 OF
BROADMOOR ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
(Vacating the north 5 feet of a 10 foot sanitary sever easement
located on the south side of Lot 9, Broadmoor Addition.)
and the Ordinance was read the first time. There was a motion by
Director Scheibner, seconded by Director Adcock, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by the Board Members present, being ten in
number and two - thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued.
There was a subsequent motion made by Directors Scheibner and
Joyce, respectively, to again suspend the rules and place the
Ordinance on third and final reading. The motion was unanimously
adopted by the Board Members present, being ten in number and
two - thirds or more of the members of the Board of Directors -
elect, and the Ordinance was read the third and last time. A
roll call vote was taken on the question, Shall the Ordinance
Pass, with the response recorded as follows: Ayes - Directors
Keck, Joyce, Priest, Roy, Sharp, Mason, Mayor Dailey, Directors
Adcock, Hendrix, and Scheibner - total 10; Noes - None; Absent -
Director Lewellen - total 1. Whereupon, the Ordinance was
declared PASSED.
The last item to be considered was a proposed Ordinance
entitled:
AN ORDINANCE TO AMEND LITTLE ROCK, ARK. REV. CODE SECTION
35 -16 (1988) TO ALLOW FOR A FIVE (5) MEMBER COMMISSION OF THE
LITTLE ROCK MUNICIPAL WATER WORKS COMMISSION; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES;
Mr. Craig Wood, Chairman of the Little Rock Municipal Water
Works, agreed with the Ordinance to increase the membership from
three to five, but did not believe that a crisis exists that
would require immediate action. He suggested and encouraged the
Board of Directors to have legislation drafted to present to the
State Legislature to provide for the increase in the membership,
so there would not be a question about the legality of the
action. He recommended asking the Governmental Studies
Department of the University of Arkansas at Little Rock (UALR) to
draft the legislation. Director Adcock questioned why use UALR,
stating she would like the Water Works attorney and the City of
Little Rock attorney to prepare the legislation. Director Mason
said he would like for UALR to prepare the legislation. The
Ordinance was then read the third time, having been read the
first and second times on April 5, 1994. There was a motion by
Director Mason, seconded by Director Sharp to table this issue.
The motion failed by the following roll call vote: Ayes -
Directors Priest, Sharp, Mason, Mayor Dailey, and Director
Hendrix - total 5; Noes - Directors Keck, Joyce, Roy, Adcock and
Scheibner - total 5. Mr. John Gill, attorney for Little Rock
Municipal Water Works, said his orders from the Water Works
Commission were to get started drafting the legislation. A roll
call vote was then taken on passage of the Ordinance as follows:
Ayes - None; Noes - Directors Keck, Joyce, Priest, Roy, Sharp,
Mason, Mayor Dailey, Directors Adcock, Hendrix and Scheibner -
total 10; Absent - Director Lewellen - total 1. Whereupon, Mayor
Dailey announced the Ordinance had FAILED.
13
1� -
601
Minutes
April 19, 1994
There being no further business to be presented, the Board
of Directors adjourned at 11:15 o'clock P.M. to meet again in
regular session on Tuesday, May 3, 1994, at 6:00 o'clock P.M.
ATTEST: APPROVED:
City Clerk Robbie Hancock or Jim Dailey
14
I
J Y