12-28-94824
Board of Directors Room
City Hall - 500 W. Markham
December 28, 1994 - 1:30 P. M.
The Board of Directors of the City of Little Rock, Arkansas,
reconvened from the December 20, 1994, regular meeting with Mayor
Jim Dailey presiding. The roll was called by City Clerk Robbie
Hancock, with the following Directors present: Directors Roy,
Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix,
Scheibner and Keck - total 8; Absent - Directors Priest, Sharp
and Joyce - total 3.
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 two zoning ordinances, a
resolution stating the Board of Directors' intent to establish
new policy and procedures regarding historic structures in the
City of Little Rock, and a resolution to require all Boards and
Commissions, Agencies, Authorities, or other public bodies that
request funds from the City of Little Rock to participate in the
City budget process. The proceedings of the meeting are recorded
as follows.
Director Priest was enrolled at 1:35 P. M.
The first matter to be considered was Ordinance No. 16,823,
with the title being:
AN ORDINANCE REAFFIRMING PREVIOUSLY APPROVED SINGLE USE
PLANNED UNIT DEVELOPMENTS; PROVIDING A PROCESS FOR THE
REAFFIRMATION OF ZONE CLASSIFICATIONS AND FOR NOTICE THEREOF;
DECLARING AN EMERGENCY.
(Re: Kremer's PD- residential (Z- 5873); MGM Properties PD- office
(Z- 5770 -A); Tyrrell Leasing Company PD- commercial (Z- 5884); and
Freeway Business Park PD- office (Z- 4249 -A).
Before the first reading, City
the provisions outlined in th
16,798, passed December 20,
discussion and the Ordinance wa
a motion by Director Scheibner,
suspend the rules and place the
motion was unanimously adopted
nine in number and two thirds o r
of Directors - elect, and the Or
There was a subsequent motion
seconded by Director Adcock,
place the Ordinance on third a
unanimously adopted by the Boa
number and two thirds or more
Directors- elect, and the third
ensued. An Aye and No Vote was
Ordinance Pass, with the resul
Directors Priest, Roy, Lewellen
Adcock, Hendrix, Scheibner and
Absent - Directors Sharp and Jo
y
Attorney Tom Carpenter explained
e Ordinance. (See Ordinance No.
1994.) There was no further
s read the first time. There was
seconded by Director Adcock, to
Ordinance on second reading. The
by the Board Members present being
more of the members of the Board
dinance was read the second time.
again made by Director Scheibner,
to further suspend the rules and
nd final reading. The motion was
rd Members present, being nine in
of the members of the Board of
and last reading of the Ordinance
taken on the question, Shall the
is recorded as follows: Ayes -
, Mason, Mayor Dailey, Directors
Keck - total 9; Noes - None;
ce - total 2.
The Emergency Clause contained in Section 6 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 and Keck - total 9;
Noes - None; Absent - Directors Sharp and Joyce - total 2.
Whereupon, the Ordinance, together with the Emergency section,
was declared PASSED.
Directors Joyce and Sharp enrolled at 1:40 P. M.
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December 28, 1994
The next item to be considered was Ordinance No. 16,824,
entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF
LITTLE ROCK, ARKANSAS AS C -4 WITH CONDITIONS, AMENDING SECTION 36
OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS;
AND FOR OTHER PURPOSES.
(Z -5889 - To rezone 0.49 acres located at 7715 Geyer Springs
Road, from R -2 Single Family to C -4 Open Display District.)
Prior to the first reading of the Ordinance, a discussion was
held in which Director Adcock stated the Cloverdale Neighborhood
Association had asked that the proposed conditions for this
rezoning be put in writing, and asked Mr. Tim Polk, Acting
Director of Neighborhoods and Planning, if this had been done.
(See Minutes of December 6, 1994, page 7, for discussion.) Mr.
Polk responded, "no, but with the passage of the Ordinance it
will allow the zoning with conditions." Director Adcock said Mr.
Gary Johnson, the applicant, had done a great job in giving the
Board a plan and said he would not mind putting these in the
Ordinance. She asked, "has this been done ?" Mr. Polk advised,
"no, we are waiting for the Ordinance to be passed." Mr.
Johnson, the applicant, advised the Board Members that he had a
list of the conditions he agreed to in order to satisfy the
concerns of the neighborhood association. Mr. Tom Carpenter,
City Attorney, stated that a copy of the sketch with these
conditions should be added to the Ordinance as an exhibit. Mayor
Dailey then read the following conditions: (1) New fence to be
wrought iron. (2) Plant materials to be added and planted along
fence. (3) No access to Geyer Springs Road. (4) C -4 prohibits
open display of any kind whatsoever in the first 20 ft. of the
required front yard set back. And (5) Approximately 30 cars.
There was no further discussion and the Ordinance was read the
first time, to include these conditions, followed by a motion by
Director Adcock for suspension of the rules and the placing of
the Ordinance on second reading. The motion was seconded by
Director Scheibner, and unanimously adopted by members of the
Board of Directors present, being eleven in number and two - thirds
or more of the members of the Board of Directors - elect. A second
reading of the Ordinance ensued, with a motion being made by
Director Lewellen, seconded by Director Adcock, to further
suspend the rules and place the Ordinance on third and final
reading. With the motion having been unanimously adopted by
members of the Board of Directors present, being eleven in number
and two - thirds or more of the members of the Board of Directors -
elect, the Ordinance was read the third and last time. The
resulting Aye and No Vote taken on passage of the Ordinance
received the following response: Ayes - Directors Priest, Roy,
Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck and Joyce - total 11; Noes - None; Absent -
None. Mayor Dailey then announced that the Ordinance had PASSED.
Item 4 on the Agenda was a proposed Resolution containing
the following caption:
A RESOLUTION STATING THE LITTLE ROCK BOARD OF DIRECTORS'
INTENT TO ESTABLISH NEW POLICY AND PROCEDURES REGARDING HISTORIC
STRUCTURES IN THE CITY OF LITTLE ROCK, TO REVISE THE LITTLE ROCK
HISTORIC DISTRICT ORDINANCE, AND TO CREATE INCENTIVES FOR THE
PRESERVATION OF THE CITY'S HISTORIC STRUCTURES.
Director Keck stated, "it was my desire that this be placed on
the regular Agenda, anc not the reconvened meeting, but there are
those present who wish to speak and I think it's important that
we hear from them, and perhaps we could move this to the Agenda
session." Dr. Frank Kumpuris who represents the Country Club
District, and has been asked to represent four other districts,
introduced Attorney Gayle Corley of the Friday, Eldredge and
Clark Law Firm, who discussed various laws regarding historic
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December 28, 1994
districts, and expressed concerns of various home owners in the
area. In her closing comments she said, "too strong a
preservation policy would be bad for the Heights and surrounding
area." There was no further discussion, NO ACTION WAS TAKEN, and
the matter was DEFERRED.
Consideration was then given to Resolution No. 9,303,
entitled:
A RESOLUTION TO REQUIRE ALL BOARDS, COMMISSIONS, AGENCIES,
AUTHORITIES, OR OTHER PUBLIC BODIES THAT REQUEST FUNDS FROM THE
CITY OF LITTLE ROCK TO PARTICIPATE IN THE CITY BUDGET PROCESS AND
TO COOPERATE WITH THE CITY MANAGER WHEN REQUESTED TO PROVIDE
NECESSARY INFORMATION; AND FOR OTHER PURPOSES;
and the Resolution was read in full. In a brief discussion,
Mayor Dailey asked Director Sharp if he would like to comment,
since he presented the Resolution. Director Sharp explained that
the Resolution would give the Board more information and make us
feel more comfortable, if the outside agencies requesting City
funding, would submit their budget to the Board for review. In
this way, the Board would be aware of how their money is spent
and where the requested City funds would be allocated. Upon
question by Director Lewellen, City Manager Charles Nickerson
explained that "at the same time our department heads are
submitting their budgets, an agency requesting City funding would
submit a copy of their budget so that we may analyze the agency's
budget." There was no further discussion and Director Scheibner
moved that the Resolution be adopted. The motion received a
second by Director Sharp, and was unanimously ADOPTED by the
Board Members present.
At this point in the meeting, Director Keck stated that he
had expressed a desire that a public hearing be held on January
3, 1995, regarding a daytime curfew (See Minute Record of
December 6, 1994 for previous public hearing.) . City Attorney
Tom Carpenter advised Director Keck, that this matter can be
placed on the Agenda at the following Agenda Session.
Director Priest requested that a Resolution be placed on the
Agenda to allow the Mayor and City Clerk to enter into a Lease
Agreement regarding property in Chenal Valley and Autumn Road.
Staff had not received all the necessary information and Director
Hendrix suggested that it be presented in proper form at the next
Agenda Meeting.
Director Sharp commented on the election of Vice Mayor for
the year 1995. He asked the Board to give consideration to
voting by secret ballot.
Since several Board Members terms will be expiring December
31, 1994, Mayor Dailey invited them to make a final statement.
Director Scheibner read a prepared statement and Directors Roy,
Lewellen and Hendrix made comments. (Note: Director Priest made
her statement on December 20, 1994,) Mayor Dailey expressed
appreciation for their dedication to community services saying,
"I salute each of you."
At 2:22 o'clock P. M., Mayor Dailey announced that the
Board Members would recess to executive session for the purpose
of evaluating the City Manager and City Attorney.
When the Board of Directors reconvened from executive
session at 3:55 o'clock P. M., the following Directors were
present: Directors Priest, Roy, Sharp, Lewellen, Mason, Mayor
Dailey, Directors Adcock, Hendrix, Scheibner, Keck and Joyce -
total 11; Absent - None.
Mayor Dailey announced the action taken by Board Members in
executive session by saying that both City Manager Charles
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December 28, 1994
Nickerson and City Attorney Tom Carpenter had received a good
evaluation with high marks. He said this action will have to be
formalized in terms of a salary increase to be approved through
the budget process to $106,000 for the City Manager, and $90,000
for the City Attorney. All other terms of their contracts and /or
agreements will remain in effect as they are currently
structured. The budget adjustment to reflect salary increases
will be made at the next meeting.
The Resolution proposed by Director Priest is to be placed
on the next Agenda, which allows a lease agreement on property
located at Chenal Parkway and Autumn Road.
There being no further business to be presented, Mayor
Dailey announced that the meeting was adjourned sine die at 4:00
o'clock P. M.
ATTEST: APP OVED:
Aa4tJU
City Clerk Robbie Hancock Mayor Jim Daile
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