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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 1 7g1 MOM Minutes 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. 783 Minutes 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. ' 7 4 Minutes 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. 4 ,_ J Minutes November 23, 1994 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 5 785` f 766 Minutes November 23, 1994 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 11 W OVE D: Mayor Jim Dailey Al