11-23-94Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
November 23, 1994 - 1:40 P.M.
The Board of Directors of the City of Little Rock, Arkansas,
reconvened from the November 15, 1994, regular meeting with Mayor
Jim Dailey presiding. The roll was called by City Clerk Robbie
Hancock, with the following Directors present: Directors Priest,
Roy, Lewellen, Mason, Adcock, Hendrix, Keck and Joyce - total 9;
Absent - Directors Sharp and Scheibner - total 2.
With a quorum being present, Mayor Dailey declared the Board
of Directors in session and announced the purpose of the
reconvened meeting was to consider five zoning ordinances, two
fiber optics franchise ordinances, an ordinance authorizing the
issuance of the Capital Improvemant Refunding Bonds, a resolution
supporting development of a Cultural /Entertainment Facility
Master Plan for the riverfront area of the City, a resolution
reaffirming the commitment to the Arts Center future expansion
efforts, and a resolution requesting the Corps of Engineers to
return control of Overlook Park to the City. The proceedings of
the meeting are recorded as follows.
The first presentation was a proposed Ordinance entitled:
AN ORDINANCE AMENDING CHAPTER 36 OF THE LITTLE ROCK, ARK.
REVISED CODE (1988) PROVIDING FOR PLANNED UNIT DEVELOPMENT
DISTRICTS TO ACCOMMODATE SINGLE USE DEVELOPMENTS IN ADDITION TO
MULTIPLE USES AND LOTS; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES;
-- City Attorney Tom Carpenter explained the proposed Ordinance,
stating that as a result of the Pfeifer Court Case which dealt
with the National Home Center Single Use Planned Unit
Development, it became clear that there was a major problem with
single use planned unit developments. The Court indicated that
because the City's use of the planned development process did not
meet its definitional requirement for mixed uses, then the
National Home Center Project was set aside. In response to that,
Mr. Carpenter took the portions of the Ordinance that deal with
planned developments and drafted this ordinance to add the
language that would allow for the single use. He said he would
come back to the Board before the end of the month with an
Ordinance that will have some express retroactive language in it
to cover those single use PUD's already approved. Mr. Robert
Shults, Chairman and Chief Executive Officer of Financial Center
Corporation, said he had a problem with the requirement to prove
there is a need for the planned development. Who determines
that? It is not realistic to have to prove there is a need.
Mayor Dailey asked Mr. Carpenter to comment on Mr. Shults
statement. Mr. Carpenter responded that the context in which
this arises is important to the Board. Remember that the Planned
Development is inconsistent with the Board's plans. The Board
has adopted land use plans throughout the City. There has been a
determination that a straight rezoning is not appropriate, and so
a planned development is what is usually sought. If there can be
no demonstration that there is a need to change the Land Use Plan
because of this particular development, then the planned
development is at risk anyway. The point is that it will be up
to the elected officials who adopted the plan in the first place
to determine whether or not there is an expression of an
appropriate need for some amendment to the plan in the form of a
planned development. Otherwise, what the Courts look at is a
zoning that seems to be solely for the benefit of the developer
and not for the benefit of the community. That is spot zoning.
In response to a question by Director Keck, Mr. Carpenter
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November 23, 1994
proposed adding the phrase, "The proposed development is needed
in the City and is not for the sole benefit of the developer."
Mr. Shults stated the reason for PCD's in this city is they (CLR)
wanted to insure the setbacks, the screening, the land use, and
the limitations on perhaps height or use and the esthetic
appearance. The need is a whole new issue. There was some
discussion about using the term "appropriate" instead of "need ".
Assistant City Manager Jim Lawson agreed that the word
"appropriate" is correct. Mr. Shults also objected to requiring
the applicant to submit a traffic study. After further
discussion, there was a motion by Director Keck, seconded by
Director Priest, to amend the draft ordinance to delete items 1
through 5 in Section 1 -C and add the phrase "the project is not
for the sole benefit of the developer." The motion failed by the
following roll call vote: Ayes Directors Priest, Mason, Mayor
Dailey, Directors Keck and Joyce - total 5; Noes - Directors Roy,
Lewellen, Adcock, and Hendrix - total 4; Absent - Directors Sharp
and Scheibner - total 2. (The motion failed to receive the
required six votes.)
(NOTE: Mayor Dailey asked the Board to consider Agenda
Items 7 and 8 before continuing the discussion. See continuation
after Ordinance No. 16,780 - page 3.)
Consideration was then given to Ordinance No. 16,779,
described as:
AN ORDINANCE TO GRANT A FRANCHISE TO AMERICAN COMMUNICATION
SERVICES OF LITTLE ROCK, INC. AS A TELECOMMUNICATIONS COMPETITIVE
ACCESS PROVIDER WITHIN THE CITY OF LITTLE ROCK, ARKANSAS;
PERMITTING A LICENSE TO COMPLETE CONSTRUCTION; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES.
City Attorney Tom Carpenter advised Board Members that the draft
of the Ordinance that was sent out on Friday had been amended and
both companies had agreed to the changes (American Communication
Services, Inc. and Brooks Fiber, Inc.). Director Priest
questioned the way the street cuts are being repaired and felt
that it was reasonable to expect them to be repaired to the same
standard they were. Public Works Director Chandra Russell
explained that a Street Cut Inspector will be hired to inspect
the street repairs done by the fiber optics companies as well as
all others. (There is a provision in the Agreement for notice to
other public utilities to allow them to simultaneously lay
conduit in any trench opened by the company.) The Ordinance was
then read the first time. There was a motion by Director
Lewellen to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Priest 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, and the second reading of the Ordinance ensued.
There was a subsequent motion by Director Priest, seconded by
Director Adcock, 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 nine in number and
two - thirds or more of the members of the Board of Directors -
elect, and there was a third and last reading of the Ordinance.
An Aye and No Vote was taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Priest, Roy,
Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck and Joyce - total 9; Noes - None; Absent -
Directors Sharp and Scheibner - total 2.
The Emergency Clause contained in Section 4 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes - Directors Priest, Roy, Lewellen, Mason, Mayor
Dailey, Directors Adcock, Hendrix, Scheibner, Keck and Joyce -
total 9; Noes - None; Absent - Directors Sharp and Scheibner -
total 2. Therefore, the Ordinance, together with the Emergency
Section, was declared PASSED.
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November 23, 1994
Introduced next was Ordinance No. 16,780, with the title
being:
AN ORDINANCE TO GRANT A FRANCHISE TO BROOKS FIBER, INC., AS
A TELECOMMUNICATIONS COMPETITIVE ACCESS PROVIDER WITHIN THE CITY
OF LITTLE ROCK, ARKANSAS; PERMITTING A LICENSE TO COMPLETE
CONSTRUCTION; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
(See Ordinance No. 16,779 for discussion which relates to
Ordinance No. 16,780 also.) The Ordinance was then read the
first time. There was a motion by Director Lewellen to suspend
the rules and place the Ordinance on second reading. The motion
was seconded by Director Priest 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, and the
second reading of the Ordinance ensued. There was a subsequent
motion by Director Priest, seconded by Director Adcock, 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 nine in number and two - thirds or more of the
members of the Board of Directors - elect, and there was a third
and last reading of the Ordinance. An Aye and No Vote was taken
on passage of the Ordinance, with the results recorded as
follows: Ayes - Directors Priest, Roy, Lewellen, Mason, Mayor
Dailey, Directors Adcock, Hendrix, Scheibner, Keck and Joyce -
total 9; Noes - None; Absent -- Directors Sharp and Scheibner -
total 2.
The Emergency Clause contained in Section 4 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes - Directors Priest, Roy, Lewellen, Mason, Mayor
Dailey, Directors Adcock, Hendrix, Scheibner, Keck and Joyce -
total 9; Noes - None; Absent - Directors Sharp and Scheibner -
total 2. Therefore, the Ordinance, together with the Emergency
Section, was declared PASSED.
The discussion then continued on Item #1 (See pages 1 and
2): AN ORDINANCE AMENDING CHAPTER 36 OF THE LITTLE ROCK, ARK.
REVISED CODE (1988) PROVIDING FOR PLANNED UNIT DEVELOPMENT
DISTRICTS TO ACCOMMODATE SINGLE USE DEVELOPMENTS IN ADDITION TO
MULTIPLE USES AND LOTS; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES.
Mr. David Jones of Vogel Realty commented on the proposed
Ordinance, and concluded by stating the only issue to be
addressed is the single use PCD's and the Ordinance just needs
to make single use PCD's allowable within the City of Little
Rock. That would take care of Mr. Tyrrell's single use PCD.
(See Ordinance No. 16,781 below.) Following the lengthy
discussion, Director Mason reintroduced the motion to amend the
draft Ordinance to delete Section 1- C(1,2,3,4,5) and add the
phrase "the project is not for the sole benefit of the
developer." A roll call vote was taken on the motion, with the
results recorded as follows: Ayes - Directors Priest, Lewellen,
Mason, Mayor Dailey, Directors Keck, and Joyce - total 6; Noes -
Directors Roy, Adcock, and Hendrix - total 3; Absent - Directors
Sharp and Scheibner - total 2. Whereupon, Mayor Dailey announced
that the motion was adopted. The Ordinance, as amended, was then
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. A roll call vote was taken on
suspension of the rules, with the results recorded as follows:
Ayes - Directors Priest, Lewellen, Mason, Mayor Dailey, Directors
Keck and Joyce - total 6; Noes - Directors Roy, Adcock and
Hendrix - total 3; Absent - Directors Sharp and Scheibner - total
2. The motion to suspend the rules failed to receive the
required two - thirds vote (8); therefore, the Ordinance remained
on the calendar for second reading on December 6, 1994.
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November 23, 1994
Consideration was then given to Ordinance No. 16,781,
entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED TYRRELL LEASING
COMPANY SHORT -FORM PCD (Z- 5884), LOCATED ON THE NORTH SIDE OF
CHENAL PARKWAY, APPROXIMATELY 1/4 MILE WEST OF S. 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 -5884 - Tyrrell Leasing Company Short -Form PCD on Chenal
Parkway 1/4 mile west of Bowman Road.)
and there was a third and last reading of the Ordinance, having
been read the first and second times on November 15, 1994.
Director Adcock was opposed to passing this Ordinance before the
amendment to the PUD ordinance. An Aye and No Vote was then
taken on the question, Shall the Ordinance Pass, with the results
recorded as follows: Ayes - Directors Priest, Roy, Lewellen,
Mason, Mayor Dailey, Directors Hendrix, Keck and Joyce - total 8;
Noes - Director Adcock - total 1; Absent - Directors Sharp and
Scheibner - total 2. Therefore, the Ordinance was declared
PASSED.
The next presentation was Ordinance No. 16,782, described
as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED RESIDENTIAL DISTRICT TITLED KREMER'S
SHORT -FORM PRD (Z- 5873), LOCATED AT THE SOUTHEAST CORNER OF W.
MARKHAM STREET AND S. PARK 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;
(Z -5873 - Kremer's Short -Form PRD at Markham and Park Streets -
Lots 1 and 2, Block 4, Plunkett II Addition.)
and the Ordinance was read the third and last time, with the
first and second readings having occurred November 15, 1994.
Director Adcock was opposed to passing this Ordinance before the
amendment to the PUD ordinance. An Aye and No Vote was then
taken on the question, Shall the Ordinance Pass, with the results
recorded as follows: Ayes - Directors Priest, Roy, Lewellen,
Mason, Mayor Dailey, Directors Hendrix, Keck and Joyce - total 8;
Noes - Director Adcock - total 1; Absent - Directors Sharp and
Scheibner - total 2. Therefore, the Ordinance was declared
PASSED.
Consideration was then given to Ordinance No. 16,783,
entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED OFFICE DISTRICT TITLED SAUGEY 16725
CANTRELL ROAD SHORT -FORM POD (Z- 5882), LOCATED ON THE SOUTH SIDE
OF HIGHWAY 10, APPROXIMATELY 0.2 MILE WEST OF THE WEST TAYLOR
LOOP ROAD INTERSECTION, PULASKI COUNTY, 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 third and last time, with the
first and second readings having occurred November 15, 1994.
Director Adcock was opposed to passing this Ordinance before the
amendment to the PUD ordinance. An Aye and No Vote was then
taken on the question, Shall the Ordinance Pass, with the results
recorded as follows: Ayes - Directors Priest, Roy, Lewellen,
Mason, Mayor Dailey, Directors Hendrix, Keck and Joyce - total 8;
Noes - Director Adcock - total 1; Absent - Directors Sharp and
Scheibner - total 2. Therefore, the Ordinance was declared
PASSED.
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The next presentation was Ordinance No. 16,784, described
as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF
BOUNDARY STREET IMPROVEMENT REQUIREMENTS FOR PARKSIDE PLACE
SUBDIVISION (S- 499 -A), LOCATED ON THE WEST SIDE OF UNIVERSITY
AVENUE, NORTH OF WEST 54TH STREET, LITTLE ROCK, ARKANSAS;
(S -499 -A - Parkside Place Subdivision - waiver of street
improvements for West 54th Street and 63rd Avenue.)
and the Ordinance was read the second time, having been read the
first time on November 15, 1994. The rules were suspended and
the Ordinance placed on third reading, upon a motion and second
by Directors Priest and Mason, respectively, 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. There was a third and final reading of the
Ordinance. An Aye and No Vote was taken on passage of the
Ordinance, with the results recorded as follows: Ayes -
Directors Priest, Roy, Lewellen, Mason, Mayor Dailey, Directors
Adcock, Hendrix, Keck and Joyce - total 9; Noes - None; Absent -
Directors Sharp and Scheibner - total 2. Mayor Dailey announced
that the Ordinance had PASSED.
Item #6 on the Agenda was an Ordinance entitled: "AN
ORDINANCE AUTHORIZING THE ISSUANCE OF REFUNDING AND CAPITAL
IMPROVEMENT BONDS; PLEDGING TAX REVENUES SUFFICIENT TO PAY THE
PRINCIPAL OF AND INTEREST ON THE BONDS; PRESCRIBING OTHER MATTERS
RELATING THERETO; AND DECLARING AN EMERGENCY." Mayor Dailey
announced that due to the status of the bond market, the
Ordinance would be deferred. Therefore, no action was taken.
Introduced next was Resolution No. 9,278, described as:
A RESOLUTION SUPPORTING THE DEVELOPMENT OF A CULTURAL/
ENTERTAINMENT FACILITY MASTER PLAN FOR THE RIVERFRONT AREA OF THE
CITY OF LITTLE ROCK;
and the Resolution was read in full. There was a motion and
second by Directors Lewellen and Adcock, respectively, to adopt
the Resolution, and the Resolution was unanimously adopted by the
Board Members present.
The next presentation was Resolution No. 9,279, with the
title being:
A RESOLUTION OF INTENT TO REQUEST THAT THE UNITED STATES
CORPS OF ENGINEERS RETURN CONTROL OF OVERLOOK PARK TO THE CITY OF
LITTLE ROCK, ARKANSAS, FOR USE AS A PARK;
and the Resolution was read in full. There was a motion and
second by Directors Lewellen and Adcock, respectively, to adopt
the Resolution, and the Resolution was unanimously adopted by the
Board Members present.
There was an update on the Motion Picture and Television
Commission by Mr Bill Asti. (He has been appointed Chairman of
the Commission, even though he has not been officially appointed
to the Commission by the Board of Directors.) He said members of
the Commission have had meetings with the State of Arkansas, the
Arkansas Industrial Development Commission, and people from the
Governor's office. The Commission is trying to focus more on how
technology is evolving and understanding the market. He gave a
brief history of the market place and how it has evolved. He
said the Commission would like to change its name to the
Information, Communication and Entertainment Commission and to
develop a new long term plan that would focus on entertainment
districts, education (we can't underplay the impact of
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education), and all of the aspects that go with that. (The staff
person working with the commission is Mike Dooley.) The plan is
based on a proposal written by Mr. Bill Williamson (Commission
member) eleven years ago. Mr. Asti concluded by asking for the
Board's support in moving, forward to take advantage of all the
technologies available.
The last matter to be considered was Resolution No. 9,280,
entitled:
A RESOLUTION REAFFIRMING COMMITMENT TO THE ARTS CENTER
FUTURE EXPANSION EFFORTS; ASSURING COMPLIANCE WITHIN THE
GUIDELINES SET BY PARKS AND RECREATION TO INSURE THE INTEGRITY
AND HISTORICAL SIGNIFICANCE OF MACARTHUR PARK; AND FOR OTHER
PURPOSES;
Director Roy had several questions: Why do we need to reaffirm
our commitment to the Arts Center future expansion efforts? Does
that mean we are going to commit $2 million to the effort? What
are the guidelines set by Parks & Recreation to insure the
integrity and historic significance of MacArthur Park? Does it
deal with the arsenal building? Director Adcock provided
Director Roy with a copy of the Resolution which addressed those
issues. There was a full reading of the Resolution and Director
Lewellen moved for the adoption of the Resolution. The motion
was seconded by Director Adcock, and the Resolution was
unanimously adopted by the Board Members present.
There being no further business to be presented, the
reconvened meeting of the Board of Directors was adjourned at
3:10 o'clock P.M., with the Board of Directors to meet again in
regular session on Tuesday, December 6, 1994, at 6:00 o'clock
P.M.
ATTEST:
(��, N4,xe�
City Clerk Robbie Hancock
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W OVE D:
Mayor Jim Dailey
Al