10-04-94Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
October 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 Roy, Lewellen, Mason, Adcock, Hendrix,
Scheibner, Keck and Joyce - total 8; Absent - Directors Priest
and Sharp - total 2.
With a quorum present, Mayor Dailey declared the Board of
Directors in session, and the proceedings of the meeting are
recorded as follows.
The Invocation was given by Director Scheibner, followed by
the Pledge of Allegiance.
The first presentation was Resolution No. 9,246, entitled:
A RESOLUTION EXPRESSING SUPPORT FOR SCOTT BROWNELL AND JAKE
HAGAR FOR THEIR HEROIC EFFORTS ON AUGUST 31, 1994, TO SAVE THE
LIFE OF ONE CHILD AND THEIR ATTEMPT TO SAVE THE LIFE OF ANOTHER
CHILD. (Cecilia Griffen and her sister Versie Mitchell)
Vice Mayor Mason introduced UALR students Scott Brownell and Jake
Hagar and then read the Resolution in full. There was a motion
by Director Keck, seconded by Director Adcock, to adopt the
Resolution, and the Resolution was adopted unanimously by the
Board Members present. Vice Mayor Mason asked Mr. Nathaniel
Hill, former Director of General Services, and Mr. Gary Hogan,
UALR Coach, to make the presentations to Mr. Brownell and Mr.
Hagar.
Consideration was then given to the Consent Agenda, which
consisted of the following items:
(a) Approval of the Minutes of the Board of Directors
regular meeting held August 2, 1994.
(b) The Comparative Statement of Income Account of the
Little Rock Municipal Water Works for the month of August, 1994.
(To be received and filed.)
(c) Resolution No. 9,247, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF COMPACT SEDANS, MID-
SIZE PICKUPS, A UTILITY VEHICLE, PASSENGER VANS, AND ONE -TON
TRUCKS FOR THE DEPARTMENT OF FLEET SERVICES. (Little Rock Dodge
- not to exceed $11,983 for 17 compact sedans; Dick Layton Buick -
GMC - not to exceed $11,885 for 6 mid -size pickups; Dick Layton -
not to exceed $20,239 for one 4 -wheel drive utility vehicle;
Little Rock Dodge - not to exceed $19,453 for two 15- passenger
vans; Dick Layton - not to exceed $24,442 for 1 -ton truck; Dick
Layton - not to exceed $22,600 for 1 -ton truck.)
(d) Resolution No. 9,248, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH RICHARD A. STEPHENS AND ASSOCIATES FOR REAL
ESTATE APPRAISAL AND ENVIRONMENTAL SERVICES FOR RIGHT -OF -WAY
ACQUISITION FOR THE WIDENING OF MABELVALE PIKE FROM GUM SPRINGS
ROAD TO GEYER SPRINGS ROAD, A 1988 CAPITAL IMPROVEMENT BOND
PROJECT. (Not to exceed $27,800.)
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(e) Resolution No. 9,249, entitled:
A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND GRANT COUNTY,
ARKANSAS, GRANTING METROPOLITAN EMERGENCY MEDICAL SERVICES
("MEMS") AN EXCLUSIVE FRANCHISE TO PROVIDE EMERGENCY MEDICAL
SERVICES TO GRANT COUNTY, ARKANSAS; AND FOR OTHER PURPOSES;
(f) Resolution No. 9,250, with the title being:
A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND THE CITY OF
LONOKE, ARKANSAS, GRANTING METROPOLITAN EMERGENCY MEDICAL
SERVICES ("MEMS") AN EXCLUSIVE FRANCHISE TO PROVIDE EMERGENCY
MEDICAL SERVICES TO THE CITY OF LONOKE, ARKANSAS; AND FOR OTHER
PURPOSES;
(g) Resolution No. 9,251, described as:
A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND THE CITY OF
SHERIDAN, ARKANSAS, GRANTING METROPOLITAN EMERGENCY MEDICAL
SERVICES ("MEMS") AN EXCLUSIVE FRANCHISE TO PROVIDE EMERGENCY
MEDICAL SERVICES TO THE CITY OF SHERIDAN, ARKANSAS; AND FOR OTHER
PURPOSES.
By a motion made by Director Lewellen, seconded by Director
Adcock, 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 August
2, 1994, were approved as written and distributed to the members
of the Board of Directors; (b) the Comparative Statement of
Income Account of the Little Rock Municipal Water Works for the
month of August, 1994, was received and filed; and (c, d, e, f,
and g) Resolutions No. 9,247, 9,248, 9,249, 9,250 and 9,251 were
read in full and unanimously adopted by the Board Members
present.
During the week of September 24, 1994, the City of Little
Rock hosted 100 children from the Chung - Cheng Primary School in
the City of Kaohsiung, Province of Taiwan, Republic of China.
During that time, the children performed at UALR, Park Plaza
Mall, and at Park Hill Elementary School in North Little Rock.
Director Lewellen presented a Certificate of Appreciation to Park
Hill Elementary School Principal Cindy Melton for assistance in
arranging for the children to perform at the school. He then
presented Mr. Alfred Williams and members of the Sister Cities
Commission a picture of the 100 children during their performance
at Park Plaza Mall. Mr. Williams presented to the City of Little
Rock a photograph album of pictures taken by Kathy Henson during
the children's visit in Little Rock. (Note: Little Rock and
Kaohsiung became Sister Cities in 1983.)
(Director Sharp enrolled at 6:15 o'clock P.M.)
At the time allotted for Citizen Communications, the first
speaker was Mrs. Patty Roberts, 11805 Birchwood Drive in
Birchwood Subdivision, who addressed the Board of Directors on
the subject of enforcement of City Board decisions. She said
Best Buy PCD has not met conditions of the PCD as approved by the
Board of Directors, and citizens have no recourse when
specifications have not been adhered to. This is very
frustrating after neighbors have spent hours making contacts and
attending meetings trying to get certain issues resolved.
The next speaker was Mr. Scot t
Drive in Birchwood Subdivision, who
related to the Best Buy PCD that have
privacy fence and lighting. Mayor
Charles Nickerson to provide a report.
E
Roberts, 11805 Birchwood
also spoke on the issues
not been done regarding the
Dailey asked City Manager
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October 4, 1994
Mrs. Marion Elliott, 7312 Knollwood Drive, said she is
having a problem with police harassment. She was fined $75.00
and given 6 months probation when she received a ticket on
Roosevelt Road. Later a police officer pulled her over on
University Avenue and that ticket was $410.00. She has been
looking for a job for several months, but has been unable to find
employment and cannot pay the $410.00. She said she was
appealing to the Board of Directors because she was trying to
fight City Hall. Mayor Dailey said the fine issue would be in
the hands of the Courts. Director Lewellen asked Mrs. Elliott to
put her complaint in writing for the Board of Directors.
Mrs. Kathy Wells, President of the Coalition of Little Rock
Neighborhoods, was the next speaker and addressed two issues: (1)
the Capital Budget and (2) conflict of interest. (1) Mrs. Wells
read a Resolution adopted by the Coalition of Little Rock
Neighborhoods which urged the City of Little Rock to develop
capital budgets using the following criteria: (a) the capital
budget should fairly allocate costs among homeowners and
commuters; (b) should be based on intensive citizen
participation; (c) should be coordinated with capital budgets of
other local governments; (d) should maximize the dollars devoted
to actual brick - and - mortar projects and minimize tax dollars
devoted to financing costs; and (e) should have as its foundation
a vision and a strategic, long -term financing plan to implement
the vision for creating the City's economic vitality and its
residential quality -of -life. (2) Her second concern was
avoiding conflict of interest that would hinder the operation of
Alert Centers. She referred to the commander of the community
police division (Lt. Farris Hensley) who manages a number of
properties in several older neighborhoods, including 1715 S.
Summit Street. She said neighbors have reported suspected drug
activity, gang members hanging out there, heavy vehicular
traffic, large numbers of persons coming and going at all hours
of the day and night, etc. On September 26, 1994, a drive -by
shooting occurred there. These problems have been reported to
the Alert Center and to Lt. Hensley over the past six months.
The Coalition's first concern is the safety of residents near
this address; the second concern is the pattern of poor property
management. Lt. Hensley's authority over community police raises
the question of conflict of interest.
Lt. Farris Hensley, 11733 Rivercrest Dr., speaking as a
citizen and property owner, said that over the last 14 years he
had purchased more that 50 dilapidated, run -down homes and
brought them up to full code compliance. He said he thought the
problems with 1715 S. Summit had been resolved. Mayor Dailey
asked City Manager Charles Nickerson to follow up and provide a
report to the Board and the Coalition.
Mr. Robert "Say" McIntosh spoke to the Board of Directors
about the drive -by shootings in the black communities and the
$150 million gambling casino and bingo parlors.
The last speaker under Citizen Communications was Mr. Steve
Cato, Chairman of the City Beautiful Commission. Mr. Cato read a
resolution adopted by the City Beautiful Commission endorsing and
supporting the restructuring of the 1988 Capital Improvement
Bonds and issuing bonds for various capital improvements in the
City of Little Rock.
There was a briefing of the 1994 Bond Issue on the ballot
for the October 11, 1994 special election. Assistant City
Manager Jim Lawson explained this is not a new tax but a
refinancing of the 1988 Capital Improvement Bonds from 7.4% to 5%
or 5.5% which would save approximately $29 million to fund other
capital improvement projects. He then reviewed some of the
proposed projects: Parks and Recreation, Stephens Community
School, Police Substation, and Firefighting.
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Police Chief Lou Caudell explained the need for a Police
substation in the northwest area of Little Rock to supplement the
services provided by the southwest substation on Baseline Road
and the downtown station on West Markham Street.
At 6:55 o'clock P.M. Ordinance No. 16,751 was presented,
with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY TO 0 -3 GENERAL OFFICE
WITH CONDITIONS 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;
(2- 5472 -C - To rezone 4.09 acres, more or less, located at the
northwest corner of Hinson Road and Rodney Parham Road from 11R -2"
Single- family District to 110-3" General Office District with
conditions.)
(NOTE: The Ordinance was tabled on August 2, 1994; removed from
the table and read the first time on September 20, 1994.) Mayor
Dailey announced that the discussion would be limited to one hour
with thirty minutes each allotted for support and opposition to
be presented. Mr. David Jones of Vogel Realty, representing the
applicants, Dr. Turner Harris and Mrs. W. R. Camp, summarized the
history of the property by explaining that on April 19, 1994, the
Board of Directors denied the application for a Walgreens PCD at
that location, with the residents saying "stick with the Land Use
Plan for the area." Mr. Jones said the Land Use Plan shows
office use for that location. He said this application was
submitted initially as 110 -3" with certain conditions. Staff
recommended a height limit of two stories. The zoning ordinance
allows 45 feet which would allow four stories. The Planning
Commission recommended 110-3" with the additional conditions, but
did not limit the height restrictions. Since the Planning
Commission's approval, the applicants have agreed to site plan
review and certain use restrictions. Mr. Jones read the list of
permitted uses allowed under 110-2" or 110 -311 zoning, but which
have been excluded from this request. He said after additional
consideration, the applicants have agreed to further restrict the
property to no more than three (3) stories, and concluded his
presentation by asking the Board to approve the reclassification.
(Director Priest enrolled at 7:00 P.M.)
Director Adcock questioned Mr. Jones about the Bill of Assurance.
Mr. Jones stated the lot was never platted as part of the
Pleasant Valley Subdivision, to which the Bills of Assurance
apply. City Attorney Tom Carpenter stated that traditionally the
Board of Directors does not concern itself with Bills of
Assurance. Mrs. Margaret Cornett, 11701 Fairway Drive, speaking
in opposition, said this development will create big traffic
problems at the intersection and asked about the policies for
development in an established residential neighborhood. Mr.
David Martinous, 11712 Fairway Drive, said the owners have never
set down with the Pleasant Valley Property Owners Association to
work out a compromise. He said a three story building would not
be acceptable. Mr. Richard Zemann, 10 Valley Club Circle, a
resident of Pleasant Valley, said they have never wanted anything
but residential for that corner, and requested a height limit of
two stories. Mrs. Mary Zemann, 10 Valley Club Circle, said
commercial zoning for the property would lead to devaluation of
surrounding residential property. Also speaking in opposition to
the commercial zoning were: Cotsy Chenault, 55 Pinehurst Circle;
Carolynn Coleman, 15 Cascades Drive; Gary J. Garrett,
representing the Board of Governors of Pleasant Valley Country
Club; John Cullum, 2300 Rodney Parham; Carole Meyer, 40 Valley
Club Court; and George Plastiras, 545 Valley Club Circle. Mr.
Tim Polk, Director of Neighborhoods and Planning, responded to
questions by the Board of Directors. Following the lengthy
discussion, there was a motion by Director Keck, seconded by
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October 4, 1994
Director Joyce, to amend the Ordinance to add the following
condition: "No building will be higher than three (3) stories
and shall not exceed forty (40) feet in height." The motion was
adopted by the following roll call vote: Ayes - Directors
Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, Mason, and
Mayor Dailey - total 9; Noes - Director Adcock - total 1;
Abstentions - Director Hendrix - total 1; Absent - None. The
Ordinance, as amended, was then read the second time, having
been read the first time on September 20, 1994. There was a
motion by Director Keck, seconded by Director Lewellen, to
suspend the rules and place the Ordinance on third and final
reading. The motion was adopted by the following voice vote:
Ayes - Directors Scheibner, Keck, Joyce, Priest, Roy, Sharp,
Lewellen, Mason, Mayor Dailey, and Director Hendrix - total 10;
Noes - Director Adcock - total 1. At the recommendation of City
Attorney Tom Carpenter, the Ordinance was amended to change the
title from "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" to "AN ORDINANCE RECLASSIFYING PROPERTY TO 0 -3 GENERAL
OFFICE WITH CONDITIONS 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." The
motion to amend the title was made by Director Keck, seconded by
Director Joyce, and unanimously adopted. The Ordinance, as
amended, 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 Scheibner, Keck, Joyce, Roy, Sharp,
Lewellen, and Mason - total 7; Noes - Director Priest, Mayor
Dailey, Directors Adcock and Hendrix - total 4; Absent - None.
Whereupon, Mayor Dailey declared the Ordinance PASSED.
(Director Joyce was excused at 7:45 P.M.)
Consideration was then given to Ordinance No. 16,752,
described as:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE CHENAL
DISTRICT, CHANGING AN AREA FROM COMMUNITY SHOPPING TO
MULTIFAMILY, NORTH OF ROCK CREEK TO MARA LYNN; AND OTHER MATTERS;
(Re: Z- 3168 -D)
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading by a motion
made and seconded by Directors Adcock and Lewellen, 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 by Director Lewellen,
seconded by Director Scheibner, 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. (Director Adcock was excused at 7:50 P.M.) The
Ordinance was then 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 Scheibner,
Keck, Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey and
Director Hendrix - total 9; Noes - None; Absent - Directors Joyce
and Adcock - total 2. Therefore, the Ordinance was declared
PASSED.
Introduced next was Ordinance No. 16,753, 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;
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(Z- 3168 -D - To rezone 18 acres on Mara Lynn Road, West of Bowman
Road, from "MF -12" Multi- family District to "MF -1811 Multi- family
and "OS" Open Space Districts.)
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 Keck and seconded by Director Lewellen, which
was 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. Following the second reading of the Ordinance,
there was a subsequent motion by Director Lewellen, seconded by
Director Scheibner, 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. The Ordinance was then 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
Scheibner, Keck, Priest, Roy, Sharp, Lewellen, Mason, Mayor
Dailey and Director Hendrix - total 9; Noes - None; Absent -
Directors Joyce and Adcock - total 2. Therefore, the Ordinance
was declared PASSED.
The next presentation was Ordinance No. 16,754, entitled:
AN ORDINANCE APPROVING MODIFICATIONS TO A PLANNED UNIT
DEVELOPMENT, AND PROVIDING FOR THE MAINTENANCE OF A PLANNED
OFFICE DEVELOPMENT DISTRICT ENTITLED MGM PROPERTIES AMENDED
SHORT -FORM POD (2- 5770 -A), LOCATED ON THE NORTH SIDE OF HIGHWAY
10, APPROXIMATELY 1/4 MILE WEST OF THE EAST TAYLOR LOOP ROAD
INTERSECTION, IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING
ORDINANCE NO. 16,586 AND CHAPTER 36, SECTION 36 -176 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 by a motion
made by Director Keck and seconded by Director Lewellen, which
was 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. Following the second reading of the Ordinance,
there was a subsequent motion by Director Lewellen, seconded by
Director Scheibner, 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. The Ordinance was then 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
Scheibner, Keck, Priest, Roy, Sharp, Lewellen, Mason, Mayor
Dailey and Director Hendrix - total 9; Noes - None; Absent -
Directors Joyce and Adcock - total 2. Therefore, the Ordinance
was declared PASSED.
Consideration was then given to Ordinance No. 16,755, with
the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF
THE STREET AND SIDEWALK REQUIREMENTS FOR ORLEY FEAGINS
SUBDIVISION (5- 1033), LOCATED OUTSIDE THE CITY LIMITS, ON THE
NORTH SIDE OF BURLINGAME ROAD, APPROXIMATELY 1 -1/4 MILE WEST OF
THE COLONEL GLENN ROAD INTERSECTION, PULASKI COUNTY, ARKANSAS;
(5 -1033 - Orley Feagins Subdivision - waiver of street
improvements for Burlingame Road frontage.)
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 Keck and seconded by Director Lewellen, which
was unanimously adopted by the Board Members present, being nine
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October 4, 1994
745
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 Lewellen, seconded by
Director Scheibner, 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. The Ordinance was then 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
Scheibner, Keck, Priest, Roy, Sharp, Lewellen, Mason, Mayor
Dailey and Director Hendrix - total 9; Noes - None; Absent -
Directors Joyce and Adcock - total 2. Therefore, the Ordinance
was declared PASSED.
The next presentation was Ordinance No. 16,756, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF
THE PROHIBITION ON THE CREATION OF PIPESTEM LOTS FOR ORLEY
FEAGINS SUBDIVISION (8- 1033), LOCATED OUTSIDE THE CITY LIMITS, ON
THE NORTH SIDE OF BURLINGAME ROAD, APPROXIMATELY 1 -1/4 MILE WEST
OF THE COLONEL GLENN ROAD INTERSECTION, PULASKI COUNTY, ARKANSAS;
(S -1033 - Orley Feagins Subdivision - to permit Lot 2 to have the
required frontage on Burlingame Road by way of a pipestem.)
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 Keck and seconded by Director Lewellen, which
was 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. Following the second reading of the Ordinance,
there was a subsequent motion by Director Lewellen, seconded by
Director Scheibner, 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. The Ordinance was then 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
Scheibner, Keck, Priest, Roy, Sharp, Lewellen, Mason, Mayor
Dailey and Director Hendrix - total 9; Noes - None; Absent -
Directors Joyce and Adcock - total 2. Therefore, the Ordinance
was declared PASSED.
Introduced next was Ordinance No. 16,757, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF
THE SIDEWALK REQUIREMENTS FOR THE HILLS SUBDIVISION (S- 45- A -16),
LOCATED NORTH OF THE INTERSECTION OF OTTER CREEK PARKWAY AND
WIMBLEDON LOOP ROAD, LITTLE ROCK, ARKANSAS;
(5- 45 -A -16 - The Hills Subdivision - waiver granted to permit the
construction of Cayman Cove cul -de -sac street without the
required sidewalk.)
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 Keck and seconded by Director Lewellen, which
was 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. Following the second reading of the Ordinance,
there was a subsequent motion by Director Lewellen, seconded by
Director Scheibner, 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. The Ordinance was then read the third and last time. A
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roll call vote was taken on the question, Shall the Ordinance
Pass, with the results recorded as follows: Ayes - Directors
Scheibner, Keck, Priest, Roy, Sharp, Lewellen, Mason, Mayor
Dailey and Director Hendrix - total 9; Noes - None; Absent -
Directors Joyce and Adcock - total 2. Therefore, the Ordinance
was declared PASSED.
Consideration was then given to Ordinance No. 16,758, with
the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF
STREET IMPROVEMENT REQUIREMENTS TO RUSS STREET AND PIGGEE STREET
FOR THE CITY OF LITTLE ROCK PARKS AND RECREATION DEPARTMENT
(Z -5872 - PANKEY COMMUNITY PARK);
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 Keck and seconded by Director Lewellen, which
was 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. Following the second reading of the Ordinance,
there was a subsequent motion by Director Lewellen, seconded by
Director Scheibner, 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. The Ordinance was then 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
Scheibner, Keck, Priest, Roy, Sharp, Lewellen, Mason, Mayor
Dailey and Director Hendrix - total 9; Noes - None; Absent -
Directors Joyce and Adcock - total 2. Therefore, the Ordinance
was declared PASSED.
The next presentation was Ordinance No. 16,759, entitled:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROPRIATE
$50,634.72 FROM THE STREET FUND BALANCE TO CLOSE THE JOHN BARROW
ROAD PROJECT;
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 Keck and seconded by Director Lewellen, which
was 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. Following the second reading of the Ordinance,
there was a subsequent motion by Director Lewellen, seconded by
Director Scheibner, 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. The Ordinance was then 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
Scheibner, Keck, Priest, Roy, Sharp, Lewellen, Mason, Mayor
Dailey and Director Hendrix - total 9; Noes - None; Absent -
Directors Joyce and Adcock - total 2. Therefore, the Ordinance
was declared PASSED.
At 7:55 o'clock P.M. Mayor Dailey declared a ten minute
recess. When the Board of Directors reconvened at 8:05 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.
Mayor Dailey announced that consideration would then be
given to Item 5 on the Agenda and thirty (30) minutes each would
be allowed for support and opposition to be presented. Ordinance
No. 16,760 was introduced, with the title being:
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Minutes
October 4, 1994
747
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED HAMPTON INN
SHORT -FORM PCD (Z- 3410 -C), AND LOCATED AT THE NORTHWEST CORNER OF
FINANCIAL CENTER PARKWAY AND HARDIN 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;..
Mr. Robert Brown of Development Consultants, Inc., representing
the applicant /developer Wally Allen, explained the proposal to
build a new hotel (Hampton Inn) on three acres (80,000 square
feet, 153 rooms, 60 feet in height), stating there will be no
meeting rooms and no restaurant. There was a prior agreement on
the property between the proposed developer (Financial Center
Corp.) and the adjacent neighbors on Springwood Drive, which
covered an agreement of certain standards for a larger office
development. The Land Use Plan calls for Mixed Office Commercial
use. This will be a very low intense use for the property and
the lowest intensity in terms of traffic. Mr. Allen stated he
was aware of the consent judgment and knew what the owners agreed
to. He responded to questions by the Board of Directors.
Speaking in opposition to the proposal, Mr. Ken Davis, 417
Springwood Drive, Secretary- Treasurer of Birchwood Neighborhood
Association, stated the consent judgment has nothing to do with
this property, and the property must be considered on its own
merits. He concluded by stating the Birchwood Association voted
to oppose the proposal. Mr. F. B. Boyd, 520 Springwood Drive,
objected to the noise from the 24 hour a day operation. Mrs.
Agnes Beall, 11620 Ashwood Drive, stated the development should
not be allowed behind houses because of the 24 hour operation.
Mrs. Ruth Bell, representing the League of Women Voters, was
opposed to the 24 hours 7 days a week operation next to
residential property, and expressed concern about the traffic.
Mr. Bob Boyd, 523 Springwood Drive, and Ms. Georgie Henry, 505
Springwood Drive, also spoke in opposition to the development.
Mr. Tim Polk, Director of Neighborhoods and Planning, responded
to questions by the Board of Directors. There was a lengthy
discussion during which the opponents stated that Mr. Doyle
Daniel never shared with them the information he received from
Mr. Brown regarding the development and that Mr. Daniel was no
longer the contact person for the Birchwood Neighborhood
Association. Some Board Members suggested the developer meet
with the Neighborhood Association so the residents could see the
plan, know what is proposed, and work out some of the problems.
Mr. Allen said he had met with the President of the Association
and spent hours explaining the proposal, and it was unfair to ask
him to go back to the Association just because that person is no
longer the representative. The Ordinance was then read the first
time. There was a motion by Director Scheibner, 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 the second
reading of the Ordinance ensued. There was a subsequent motion
by Director Scheibner, seconded by Director Lewellen, 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 eleven 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 vote recorded as follows:
Ayes - Directors Scheibner, Keck, Priest, Roy, Sharp, Lewellen,
Mason, and Mayor Dailey - total 8; Noes - Directors Joyce, Adcock
and Hendrix - total 3; Absent - None. Therefore, the Ordinance
was declared PASSED.
A public hearing had been scheduled for this time and place
on the proposal to call a six month moratorium on the issuance of
demolition permits for proposed demolition of residential and
related structures in an area of the City commonly known as "The
Heights." Mr. Joseph F. Kolb, representing the Heights
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October 4, 1994
Neighborhood Association, had presented the Board of Directors
with a proposed Resolution calling for the moratorium in order to
allow time for a survey of the residential and related structures
within "The Heights" for listing on the National Register of
Historic Places. At 9:30 P.M. Mayor Dailey declared the public
hearing open. The first speaker was Mr. Joseph F. Kolb, speaking
in support of the moratorium. He said the Heights Neighborhood
Association needs time to develop a plan and do a survey, and
urged the Board of Directors to declare the moratorium. The next
speaker was Mr. George Wittenberg, representing the University of
Arkansas at Little Rock (UALR) Donaghey Project for Urban Design,
who said he believed the moratorium would be in the best interest
of the City and the residents. Mr. Stephen Recken, Associate
Professor of History at UALR, recommended the moratorium, stating
the area has a definite historic significance. Also speaking in
support of the moratorium were Mr. Ed Levy, 5019 Hawthorne; Ms.
Susan Pfeifer, 6314 "H" Street; State Representative Myra Jones,
5201 Country Club; and Ms. Frances Ross, 1720 N. Monroe.
Speaking in opposition to the moratorium were Mr. Stephen Davis,
2112 N. Beechwood; Ms. Linda Landers, 1910 Country Club Lane; Ms.
Karen Mourot, 2212 Beechwood; Ms. Robin David, 2112 N. Beechwood;
Ms. Carol Meadors, 1814 Shadow Lane; Mr. John Burnett, 5
Broadview Terrace (supports study but doesn't think individual
rights should be taken away); Kathleen Brown, 14 Longfellow Lane;
Dr. Frank Kumpuris, 2317 N. Palm; Mr. Byron Morse, 2212 Spruce;
Mr. James Laslie, 5600 Country Club; Ms. Sissi Brandon, 46
Overlook Dr.; Mr. Gary Smith, 2515 N. Fillmore (45 individuals in
favor of the moratorium are trying to represent 600 households);
and Mr. Walter Quinn, 5421 Hawthorne. At 10:35 Mayor Dailey
declared the public hearing closed. Following the Board
discussion in which Director Keck requested that Staff prepare a
memo to explain the process for forming an historic district and
suggested that a committee be formed to work out an agreement,
there was a motion by Director Roy, seconded by Director
Lewellen, to consider the Resolution. City Attorney Tom
Carpenter called a point of order, because at the Agenda Session
the Board agreed to conduct the public hearing only and to
consider the Resolution at the next meeting, and there is no
hardship provision in the Resolution. A roll call vote was taken
on the motion to place the Resolution on the Agenda for
consideration, with the results recorded as follows: Ayes -
Directors Roy and Lewellen - total 2; Noes - Directors Scheibner,
Keck, Joyce, Priest, Sharp, Mason, Mayor Dailey, Directors Adcock
and Hendrix - total 9. Whereupon, Mayor Dailey declared the
motion had failed and the Resolution would not be presented, but
would probably be on the Agenda for October 18, 1994. Directors
Roy and Keck asked City Manager Charles Nickerson to provide a
report for the Agenda Meeting on October 12, 1994 on the number
of demolitions that have occurred in the Heights area during the
last year, the process for creating an historic district, what
changes can be made after its creation, and if a moratorium is in
place, can there be restrictions, etc.
(Director Adcock was excused at 10:55 o'clock P.M.)
Ordinance No. 16,761 was presented, with the title being:
AN ORDINANCE AMENDING ORDINANCE NO. 16,577 OF THE CITY OF
LITTLE ROCK, ARKANSAS, PROVIDING FOR A VARIANCE FROM THE
RESTRICTION ON THE NUMBER OF ACCESS POINTS TO A STREET WHICH ARE
PERMITTED ALONG THE FRONTAGE OF A LOT FOR CHENAL CENTER (5- 1035),
LOCATED AT THE NORTHWEST CORNER OF CHENAL PARKWAY AND AUTUMN
ROAD, LITTLE ROCK, ARKANSAS;
(5 -1035 - To permit three (3) driveways along the 425 foot Autumn
Road frontage of Chenal Center.)
and there was a first reading of the Ordinance. The rules were
suspended and the Ordinance placed on second reading by a motion
and second by Directors Scheibner and Mason, respectively, which
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October 4, 1994
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. The Ordinance was then read the second time.
There was a subsequent motion by Director Scheibner, seconded by
Director Hendrix, 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 Scheibner, Keck,
Joyce, Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, and
Director Hendrix - total 10; Noes - None; Absent - Director
Adcock - total 1. Therefore, the Ordinance was declared PASSED.
A public hearing had been scheduled for this time and place
on the execution of a Municipal Lease and Option Agreement
between the Little Rock Ambulance Authority and LaSalle National
Bank. Mayor Dailey declared the public hearing open. There was
no one present who wished to speak on the issue; therefore, Mayor
Dailey declared the public hearing closed. Resolution No. 9,252
was then introduced, with the title being:
A RESOLUTION AUTHORIZING THE EXECUTION OF A MUNICIPAL LEASE
AND OPTION AGREEMENT BETWEEN THE LITTLE ROCK AMBULANCE AUTHORITY
AND LASALLE NATIONAL BANK; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES; (To provide for the use of 3 Golden Eagle Ambulances.)
and the Resolution was read in full. There was a motion by
Director Scheibner, seconded by Director Sharp, to adopt the
Resolution, and the Resolution was adopted unanimously by the
Board Members present.
The last item on the Agenda was a proposed Ordinance
entitled: AN ORDINANCE CREATING THE CITY OF LITTLE ROCK LAND
~— BANK AND RESIDENTIAL HOUSING FACILITIES BOARD PURSUANT TO THE
PROVISIONS OF ACT NO. 142 OF THE ACTS OF ARKANSAS OF 1975;
PRESCRIBING THE POWERS OF THE BOARD; PRESCRIBING THE MEMBERSHIP
AND TERMS OF MEMBERS THEREOF; PRESCRIBING OTHER MATTERS RELATING
THERETO; AND DECLARING AN EMERGENCY. (The Ordinance was tabled
on September 20, 1994, after being read the first time.) At the
request of Director Hendrix, the proposed Ordinance was deferred
until October 18, 1994.
There being no further business to be presented, the Board
of Directors adjourned at 11:05 o'clock P.M. to meet again in
regular session on Tuesday, October 18, 1994, at 6:00 o'clock
P.M.
ATTEST: A OVED:
aac.& ar, CITY CLERK ROBBIE HANCOCK YOR JIM DAILEY
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