HomeMy WebLinkAbout12-01-20 Little Rock Board of Directors Meeting
December 1, 2020
6:00 PM
Little Rock Board of Directors Meeting
December 1, 2020
6:00 PM
The Board of Directors of the City of Little Rock, Arkansas, met in a regular meeting with
Mayor Frank Scott, Jr., presiding. City Clerk Susan Langley called the roll with the
following Directors present: Hendrix (via WebEx Teleconferencing); Richardson; Webb
(via WebEx Teleconferencing); Peck (enrolled at 6:45 PM via WebEx Teleconferencing);
Hines; Wright; Kumpuris; Fortson (via WebEx Teleconferencing); Adcock; Vice-Mayor
Wyrick; and Mayor Scott. Director Kathy Webb delivered the invocation followed by the
Pledge of Allegiance.
PRESENTATIONS
ROCK Academy Graduates
CONSENT AGENDA (Items 1 — 11)
1. RESOLUTION NO. 15,357: To set December 15, 2020, as the date of public hearing
to establish and layoff Little Rock, Arkansas, Municipal Property Owners' Multipurpose
Improvement District No. 2020-002 (Bear Den Mountain Project); and for other
purposes.
2. RESOLUTION NO. 15,358: To approve one (1) Operator Permit and seventy-five
(75) Taxicab Permits for Greater Little Rock Transportation, LLC, for the period of
January 1, 2021, to December 31, 2021; and for other purposes. Staff recommends
approval.
Synopsis: Approval of a resolution authorizing one (1) Operator Permit and seventy-five (75)
Taxicab Permits for Greater Little Rock Transportation Service, LLC.
3. RESOLUTION NO. 15,359: To transfer title of the properties located at 3515 West
11th Street, 3519 West 11th Street and 3911 West 11th Street, from the City of Little Rock,
Arkansas, to Myron R. Jackson, to be used for Neighborhood Revitalization Programs;
and for other purposes. (Land Bank Commission: 5 ayes, 0 nays and 3 absent) Staff
recommends approval.
Synopsis: In an effort by the land bank to maximize the City's revitalization efforts, staff would like
to transfer the properties located at 3515 West 11th Street, a 9,800 square-foot residential lot, 3519
West 11th Street, a 4,795 square-foot residential lot, and 3911 West 11th Street, a 5,980 square-foot
residential lot,to Myron R. Jackson, for the construction of multi-family duplexes.
Director Webb stated that she understood that there were some procedural issues that
occurred at the Land Bank Commission Meeting when the transfer of the properties was
approved and asked City Attorney Tom Carpenter for an explanation. City Attorney
Carpenter stated that his staff had reviewed the issues, and while it was not the neatest
example of parliamentary procedure, in the final analysis, a motion was made to accept
the bid to purchase the three (3) properties. City Attorney Carpenter stated that
1
Little Rock Board of Directors Meeting
December 1, 2020
6:00 PM
following a lengthy discussion, a second to the motion was made and there was no
challenge; therefore, it was final.
4. RESOLUTION NO. 15,360: To express the willingness of the City of Little Rock,
Arkansas, to partner with the Arkansas Department of Transportation for Job
No.061706, Interstate 440 and Fourche Dam Pike Interchange Improvements; and for
other purposes. (A portion of the funding is from the 3/8-Cent Capital Improvement Sales Tax)
Staff recommends approval.
Synopsis: A resolution to authorize the Mayor, or his designated representative, to execute
agreements with the Arkansas Department of Transportation for improvements to the Fourche Dam
Pike and Interstate 440 Interchange.
5. RESOLUTION NO. 15,361: To authorize the City Manager to enter into a contract
with Smart Ford, for a total purchase price of $167,220.00, for the purchase of five (5)
Ford F-250 4x4 Crew Cab Trucks for the Little Rock Fire Department; and for other
purposes. Staff recommends approval.
Synopsis: A resolution to authorize the City Manager to enter into a contract with Smart Ford for the
purchase of five (5) 2021 Ford F-250 4x4 Crew Cab Trucks for use as Quick Response Vehicles by
the Little Rock Fire Department.
6. RESOLUTION NO. 15,362: To authorize the City Manager to enter into a contract
with Redstone Construction Group, Inc., in an amount not to exceed $218,110.00, for
the Fleet Maintenance Facility and Impound Storage Lot Asphalt Overlay Project; and for
other purposes. Staff recommends approval.
Synopsis: A resolution to authorize the City Manager to enter into a contract enter into an
agreement with Redstone Construction Group, Inc., for the Fleet Maintenance Facility and Impound
Storage Lot Fleet Services Department Asphalt Overlay Project.
7. RESOLUTION NO. 15,363: To authorize the City Manager to enter increase the
contract amount with American Structure, Inc., in the amount $18,352.60, for completion
of work on the Colobus/Serval Habitat at the Little Rock Zoo; and for other purposes.
(Funding from the 3/8-Cent Capital Improvement Sales Tax) Staff recommends approval.
Synopsis: A resolution to authorize the City Manager to increase the contract amount for American
Structure, Inc.,to complete work on the Colobus/serval Habitat at the Little Rock Zoo.
8. RESOLUTION NO. 15,364: To authorize entry into a contract with The First Tee of
Central Arkansas to maintain and operate a Youth Golf Program for the City of Little
Rock, Arkansas; and for other purposes. Staff recommends approval.
9. RESOLUTION NO. 15,365: To authorize the Mayor and City Clerk to enter into a
Memorandum of Agreement with Pulaski County, Arkansas, concerning the operation of
the Pulaski County Regional Detention Facility; and for other purposes.
10. RESOLUTION NO. 15,366: To require the 2020 Audit be performed in accordance
with the Guidelines and Format prescribed by the Governmental Accounting Standards
Board, the American Institute of Certified Public Accountants and the United States
Government Accountability Office; and for other purposes. Staff recommends approval.
Synopsis: The resolution requires that the 2020 Audit be performed in accordance with guidelines
and formats prescribed by the Governmental Accounting Standards Board, the American Institute of
Certified Public Accountants and the United States Government Accountability Office.
11. RESOLUTION NO. 15,367: To express the willingness of the City of Little Rock,
Arkansas, to partner with the City of North Little Rock and the Arkansas Department of
2
Little Rock Board of Directors Meeting
December 1, 2020
6:00 PM
Transportation to relocate portions of the Rock Region Metro Streetcar Infrastructure;
and for other purposes. Staff recommends approval.
Synopsis: A resolution to authorize the City of Little Rock to form a partnership with the Arkansas
Department of Transportation, Pulaski County and the City of North Little Rock in order to assist
with the required costs associated with relocating the infrastructure for the Rock Region Metro
Streetcar System.
Director Hendrix asked for a clarification regarding the resolution. City Manager Bruce
Moore stated that due to the 1-30 Crossing Project, Rock Region Metro would be moving
the streetcar lines. City Manager Moore stated that the cost for Rock Region, and
ultimately the local governments, would be several million dollars to move the lines. City
Manager Moore stated that an agreement was drafted between the Arkansas
Department of Transportation, the City of Little Rock, the City of North Little Rock and
Pulaski County, that in exchange for the cost, each entity would assume responsibility
for various streets and roadways located in their respective jurisdictions that were
actually State Highways. City Manager Moore stated that in the case of Little Rock, the
City would be assuming responsibility for the maintenance of South University Avenue
from Colonel Glenn Road to Interstate 30.
Director Adcock made the motion, seconded by Director Hines, to approve the Consent
Agenda. By unanimous voice vote of the Board Members present, the Consent
Agenda was approved.
CITIZEN COMMUNICATION
Shayla Hooks: Doing Business with the City.
GROUPED ITEMS (Items 12 - 18)
12. ORDINANCE NO. 21,923: To amend portions of provisions of Little Rock, Ark.,
Rev. Code Chapter 13, Article II, § 13-51 (E)(5) (1988), to provide for the adoption by
reference of the February 26, 2021, Flood Insurance Study and Flood Insurance Rate
Maps to be administered by the City of Little Rock as the effective maps; to declare an
emergency; and for other purposes. Staff recommends approval.
Synopsis: An ordinance to adopt the February 26, 2021, Flood Insurance Rate Maps and Flood
Insurance Study prepared by the Federal Emergency Management Agency for Coleman Creek in
Little Rock, Arkansas.
13. ORDINANCE NO. 21,924: To declare it impractical and unfeasible to bid; to
authorize the City Manager to enter into a contract with MidSouth Railroad Service, in an
amount not to exceed $247,983.00, for Railroad Equipment and Services for the
Fourche Dam Pike Widening Project; and for other purposes. (A portion of the funding is
from the 3/8-Cent Capital Improvement Sales Tax) Staff recommends approval.
Synopsis: An ordinance to authorize the City Manager to waive competitive bidding and award a
contract to MidSouth Railroad Service for the Fourche Dam Pike Widening Project.
14. ORDINANCE NO. 21,925: To condemn certain structures in the City of Little Rock,
Arkansas, as structural, fire and health hazards; to provide for summary abatement
procedures; to direct City Staff to take such action as is necessary to raze and remove
said structures; to declare an emergency; and for other purposes. Staff recommends
approval.
3
Little Rock Board of Directors Meeting
December 1, 2020
6:00 PM
Synopsis: Four (4) residential structures are in a severely dilapidated, deteriorated and/or burned
condition causing a negative environmental impact on the residential neighborhoods in which they
are located. All Notices have been mailed in accordance with Arkansas State Law.
15. ORDINANCE NO. 21,926: To fix and impose the aggregate amount of fees and
charges to be paid to the City of Little Rock, Arkansas, by Entergy Corporation and the
method of payment thereof; to amend Section 9 of Little Rock, Ark., Ordinance No.
11,683 (December 6, 1965); and for other purposes. Staff recommends approval.
Synopsis: Approval of an ordinance levying a Franchise Fee to be paid by Entergy Corporation.
This Franchise Fee should remain in effect until otherwise amended by the Board of Directors.
16. ORDINANCE NO. 21,927: To amend Little Rock, Ark., Ordinance No. 11,366
(March 4, 1963) as amended, to provide for levying a Franchise Fee to be paid by
CenterPoint Energy ARKLA; to provide for the payment thereof; and for other purposes.
Staff recommends approval.
Synopsis: Approval of an ordinance levying a Franchise Fee to be paid by CenterPoint Energy
ARKLA. This Franchise Fee should remain in effect until otherwise amended by the Board of
Directors.
17. ORDINANCE NO. 21,928: To levy Franchise Fees to be paid by all carriers
providing Local Access Telephone Services; to provide for the payment thereof; and for
other purposes. Staff recommends approval.
Synopsis: Approval of an ordinance levying a Franchise Fee to be paid by all carriers providing
local access telephone service. This Franchise Fee should remain in effect until otherwise amended
by the Board of Directors.
18. ORDINANCE NO. 21,929: To fix and impose the amount of fees and charges to be
paid to the City of Little Rock, Arkansas, by all companies that provide interstate or
intrastate Long Distance Telecommunication Services, and all business incidental to, or
connected with, the conducting of such telephone business in the City of Little Rock,
Arkansas; to amend Section 3 of Little Rock, Ark., Ordinance No. 15,706 (July 5, 1989);
and for other purposes. Staff recommends approval.
Synopsis: Approval of an ordinance levying a Franchise Fee for companies providing Long
Distance Telephone Service in Little Rock for 2021.
The ordinances were read the first time. Director Adcock made the motion, seconded by
Director Hines, to suspend the rules and place the ordinances on second reading. By
unanimous voice vote of the Board Members present, the rules were suspended and the
ordinances were read a second time. Director Adcock made the motion, seconded by
Director Hines, to suspend the rules and place the ordinances on third reading. By
unanimous voice vote of the Board Members present, the rules were suspended and the
ordinances were read a third time. By unanimous voice vote of the Board Members
present, the ordinances were approved. By unanimous voice vote of the Board
Members present, the emergency clause for Item 12 was approved. By unanimous
voice vote of the Board Members present, the emergency clause for Item 14 was
approved.
SEPARATE ITEMS (Items 19 - 20)
19. RESOLUTION NO. 15,339: To support a Targeted Community Development
Initiative to address the lack of development in strategic sections of the City; and for
other purposes. (Tabled from October 6, 2020) (Sponsored by Directors Richardson and Wright)
4
Little Rock Board of Directors Meeting
December 1, 2020
6:00 PM
Director Wright stated that she and Director Richardson had collaborated on the drafting
of the resolution in an attempt to improve the conditions, overall appearance, housing
stock and infrastructure in the neighborhoods of the designated areas outlined in the
resolution. Director Adcock asked which City Department would oversee the
implementation of the resolution. Mayor Scott stated that based on how the resolution
was written, infrastructure would be handled within Public Works and housing issues
would be handled within Housing & Neighborhood Programs. Director Adcock asked if
the proposed $5,000,000.00 had been included in the 2021 Budget. Mayor Scott stated
that the wording in the resolution stated that 'as funds were available'. Director Webb
asked if the bulk of the money that was received from the United States Department of
Housing and Urban Development was currently being spent in the designated areas that
were outlined in the resolution. Housing & Neighborhood Programs Director Kevin
Howard stated that he could confirm that to be true for Ward 1 and Ward 2 and portions
of Ward 6.
Dawn Jeffries: Stated that she was a resident of Ward 6 and that she was in favor of the
proposed resolution and asked that the Board approve the use of funds to assist in
improving the designated areas.
Matthew Ramsey: Stated that he was in support of the resolution and its intent;
however, he felt that it would be more effective as an ordinance.
Max Campbell (via e-mail): Stated that he was in support of the resolution, which was
an encouraging step to addressing the underlying causes of generational poverty and
crime that hindered many of the City's communities that had been historically
marginalized.
Director Hendrix stated that she was not in support of the issue as a resolution and it
should have been written as an ordinance. Vice-Mayor Wyrick stated that she
understood that the money was not currently available for the implementation of the
resolution; however, the Board would be voting to begin the strategic planning process
to start making the needed improvements in the designated areas.
Director Wright made the motion, seconded by Director Richardson, to approve the
resolution. By roll call vote, the vote was as follows: Ayes: Richardson; Webb; Wright;
and Vice-Mayor Wyrick. Nays: Hendrix; Peck; Hines; Kumpuris; Fortson; and Adcock.
By a vote of four (4) ayes and six (6) nays, the resolution failed.
20. ORDINANCE NO. 21,930: To permit Dockless Mobility Technology within the City
of Little Rock, Arkansas; to amend Little Rock, Ark., Rev Code §§ 32-463; 32-494; 32-
496 (1988); to permit the use of Dockless Mobility Units on public streets in Central
Business Districts, or other designated areas; to establish certain standards for the use
of such technology; to establish a Business Licenses Fee and Franchise Fee for use of
the City right-of-way; and for other purposes. Staff recommends approval. (Deferred from
November 17, 2020) (1st& 2"d Reading held on November 17, 2020)
The ordinance was read the third time.
Director Richardson made the motion, seconded by Director Wright, to call the question
on the vote. By roll call vote, the vote was as follows: Ayes: Richardson and Wright.
Nays: Hendrix; Webb; Peck; Hines; Kumpuris; Fortson; Adcock; and Vice-Mayor
Wyrick. By a vote of two (2) ayes and eight (8) nays, the motion to call the question
on the vote failed.
5
Little Rock Board of Directors Meeting
December 1, 2020
6:00 PM
After the discussion regarding whether the previous vote had been to call the question or
to vote on the ordinance, Director Wright stated that she thought that she had seconded
the motion to call the question. Director Richardson stated that his motion was to
actually vote on the item. Director Hines made the motion, seconded by Director
Adcock, to take a ten (10) minute recess to review the video tape for confirmation. By
voice vote of the Board Members present, with Director Richardson voting in opposition,
the motion passed and the Board took a ten (10) minute recess.
After reviewing the tape, it was determined that Director Richardson's motion was in fact
to call the question on the vote.
Director Kumpuris stated that he would like for the Board to consider the following three
(3) amendments to the proposed ordinance: 1) only one (1) individual could ride on the
scooter at a time; 2) limit the operation of the scooters to one (1)-hour after sunrise to
one (1)-hour before sunset; and 3) individuals under the age of sixteen (16) must wear a
helmet. City Attorney Carpenter stated that he had spoken with Director Adcock, who
had indicated that she wanted to add an amendment that would restrict the shared-
scooters from the R-2, Single-Family District, areas.
Gabe Holmstrom, Downtown Little Rock Partnership: Stated that he was in support of
Director Kumpuris' amendments, with the exception of the time of operation limitation.
Mr. Holmstrom stated that the scooters had been great for the downtown area and
asked that the Board not limit the times of operation.
City Director-Elect Antwan Phillips: Stated that he was in support of the original version
of the ordinance without any amendments. Director-Elect Phillips stated that he utilized
the scooters quite often during the business day to move around the downtown area.
Director-Elect Phillips urged the Board to support the original ordinance.
Nico Probst, Director of Government Relations for Lime (via WebEx Teleconferencing):
Mr. Probst stated that it was part of the User Agreement, and on the App Messaging,
that only one (1) individual could ride a scooter at a time. Mr. Probst stated that once
they were made aware that an individual had a violated the agreement, they had the
ability to `flag' them on the App and kick the user off. In response to requiring users
under the age of sixteen (16) to wear a helmet, Mr. Probst stated that according to the
User Agreement, individuals had to be at least eighteen (18) to operate a scooter. Mr.
Probst stated that they had the ability of requiring a licensed ID scan before an individual
could operate a scooter; however, there was an equity concern for individuals that would
not have State Licenses or IDs. Mr. Probst stated that a curfew would be well outside the
regulatory norm for municipalities across the Country, as those individuals working late-
night shifts and those in the restaurant and bar industries utilized the scooters on a
regular basis. Mr. Probst stated that the scooters were certified and were equipped with
lights on the front and back to ensure that they met visibility standards. Mr. Probst
stated that recently they hosted an online First Ride Training Course and invited all
registered users within the City of Little Rock. Mr. Probst stated that the plan is to host
additional online courses and once the COVID-19 concerns decrease, in-person classes
will be hosted.
City Attorney Carpenter stated that in speaking with Director Kumpuris, the indication
was that the amendment needed to include that the front light needed to be a white
lamp, while the rear light needed to be red with turn signals. Director Kumpuris stated
that he agreed with that, and that if an individual could not signal the direction they were
6
Little Rock Board of Directors Meeting
December 1, 2020
6:00 PM
going, they didn't need to be on City streets at night. Mr. Probst stated that the
technology and hardware for turn signals did not exist on any scooter; however, they
were working on that potential for technology of second-generation scooters. Director
Kumpuris stated that if turn signals were not part of the technology, then there needed to
be a curfew.
Lt. Cody Miller: Stated that he was the Commander of the Little Rock Police Department
River Market Unit. Lt. Miller stated that parking had been an issue in the River Market
District and the scooters were convenient for individuals to move around the District. Lt.
Miller stated that he was a proponent of engagement, education and enforcement;
unfortunately, at the moment, they could not enforce the User Agreement between Lime
and the users.
Mayor Scott reminded the Board that the proposed ordinance was to establish a
Business Licenses Fee and Franchise Fee for the use of the scooters within the City.
Director Kumpuris made the motion, seconded by Director Hines, to include the
amendment that a shared scooter shall not be operated by more than one (1) individual,
nor shall a shared scooter carry more than one (1) individual at a time. By voice vote of
the Board Members present, with Directors Richardson and Wright voting in opposition,
the motion was approved.
Director Kumpuris made the motion, seconded by Director Adcock, to include the
amendment that a shared scooter shall not be operated by an individual under the age
of eighteen (18), unless the individual is wearing an appropriate helmet available by the
operator or approved by the operator in advance of the operation of the shared scooter.
By voice vote of the Board Members present, with Directors Richardson and Wright
voting in opposition, the motion was approved.
Director Adcock made the motion, seconded by Director Wright, to include the
amendment that a shared scooter shall not be operated in an area zoned R-1, Single-
Family District, or R-2, Single-Family District. By roll call vote, the vote was as follows:
Ayes: Webb; Wright; Kumpuris; Fortson; Adcock; and Vice-Mayor Wyrick. Nays:
Hendrix; Richardson; and Hines. Absent: Peck. By a vote of six (6) ayes, three (3)
nays and one (1) absent, the motion was approved.
Director Hines made the motion, seconded by Director Kumpuris, to call the question on
the vote. By unanimous voice vote of the Board Members present, the question to
vote was called.
By unanimous voice vote of the Board Members present, the ordinance was approved
as amended.
PUBLIC HEARINGS (Items 21 - 22)
21. ORDINANCE; Z-9500: To approve a Planned Zoning Development and establish a
Planned Commercial District, titled Goodwin Manor Long-Form PCD, located at 3708
Garrison Road, Little Rock, Pulaski County, Arkansas, amending the Official Zoning Map
of the City of Little Rock, Arkansas; and for other purposes. (Planning Commission: 4
ayes;5 nays;and 2 absent) Staff recommends approval.
7
Little Rock Board of Directors Meeting
December 1, 2020
6:00 PM
Synopsis: The applicants, Gary and Andrea Goodwin, are appealing the Planning Commission's
recommendation of denial of the Goodwin Manor Long-Form PCD located at 3708 Garrison Road.
The ordinance was read the first time. Director Adcock made the motion, seconded by
Director Hines, to suspend the rules and place the ordinance on second reading. By
unanimous voice vote of the Board Members present, the rules were suspended and the
ordinance was read a second time. Director Adcock made the motion, seconded by
Director Hines, to suspend the rules and place the ordinance on third reading. By
unanimous voice vote of the Board Members present, the rules were suspended and the
ordinance was read a third time.
Mayor Scott opened the public hearing, and asked if there were individuals present that
wished to speak for or against the item.
Mayor Scott recognized former City of Little Rock Mayor Mark Stodola who was in
attendance representing the applicant.
Mark Stodola: Stated that he was legal counsel for the applicants, Gary and Andrea
Goodwin. Mr. Stodola stated that when the item was presented at the Planning
Commission, it received a divided vote. Mr. Stodola stated that the applicants
purchased the eighty-two (82)-acre tract in 1995, and in 2015, they began to
occasionally host special events, and were not aware that they were located within the
Extraterritorial Jurisdiction (ETJ) of the City. Mr. Stodola stated that the opponents to
the application cited noise as one of their concerns; however, the applicants had always
been in full compliance with the Pulaski County Noise Ordinance and had strict
requirements that all events end by 10:00 PM. Mr. Stodola stated that the property was
located near the Kanis Road and Garrison Road intersection, which were both typical
County Roads. Mr. Stodola stated that issues had been raised regarding the
narrowness of the road to access the property. Mr. Stodola stated that the applicants
had installed lighting to ensure the safety of attendees as they arrived and departed the
property and parking attendants had been utilized, as well. In addition, emergency
vehicles were able to access the property without any issues. Mr. Stodola reported that
should the application be approved, the applicants had committed to widening the
roadway.
Steve Giles: Stated that he was legal counsel for Dr. Michael and Christie Spann,
whose property was located adjacent to the property in question. Mr. Giles stated that
the Spann's had a gated drive that was off of Kanis Road and had allowed the applicants
to utilize the drive; however, they felt that the drive was becoming overused for special
events. Mr. Giles stated that the applicants were asking the Board to pass a law to
continue, and to expand, their high-intensity commercial use to host up to 200 guests, at
any time, seven (7) days a week, with no notice to the neighbors. Mr. Giles stated that
the property in question was surrounded by single-family homes and there were no
barriers for sound. Mr. Giles stated that the residents in the area believed that the venue
created a public threat, in that there was no public transit, nor taxis readily available, and
the potential for drunk driving existed. Mr. Giles stated that law enforcement was not
routinely provided, and the Pulaski County Sheriff's Office had only a finite number of
Officers assigned to the area. In addition, Mr. Giles stated that the neighbors felt that
their property values were being reduced as a result of the commercial activity. Mr.
Giles stated that a change to commercial entity was inconsistent with the comprehensive
plan of the City and was incompatible with the family environment of the Ferndale area.
Deborah Reynolds: Stated that she had lived in the area for approximately thirty (30)
years and owned five (5) acres to the east of the property in question. Ms. Reynolds
8
Little Rock Board of Directors Meeting
December 1, 2020
6:00 PM
stated that she had a home site cleared and electricity run to the property with the hope
of building her retirement home on the property. Ms. Reynolds stated that the
applicant's property was located approximately 400 feet from her property, and if the
applicants were allowed to build the proposed outbuilding, it would be located 150 feet
from her property. Ms. Reynolds stated that the noise from the bands and the people,
along with the traffic, had become a nuisance. Ms. Reynolds asked that the Board deny
the application.
Marieda Fletcher-Priest: Stated that her family had owned property in the neighborhood
since approximately 1921, and the current property, which they had owned since the
early 1980s, was located adjacent to Ms. Reynolds' property. Ms. Fletcher-Priest stated
that the applicant's property was located within a residential area and the original owner
of the property never intended for it to be utilized for commercial uses. Ms. Fletcher-
Priest stated that by allowing the application to advance, it would create disruption to the
area and would set a precedent and open the door to other commercial activity in the
area. Ms. Fletcher-Priest asked the Board to help keep their neighborhood residential
only.
Judd Tolson: Stated that he had sold the property in question to the applicant, and that
the sale included a strict Bill of Assurance stating that there could be no commercial
activity allowed, in addition to any activities which could disturb the neighbors. Mr.
Tolson stated that on July 24, 2016, the applicant's property was brought into the City
with an R-2, Single-Family District. Mr. Tolson stated that on October 14, 2019, the
applicants received a letter from the City to stop the operation of an special events
center, which they had continue to operate despite received the notification. Mr. Tolson
stated that he and the area residents strongly opposed the rezoning of the property.
Director Wright asked why the property was not 'grandfathered' in if it was being
operated as a special events center prior to being included in the ETJ of the City.
Planning & Development Director Jamie Collins stated that typically in the ETJ, property
was generally 'brought in' as R-2. In addition, staff will look at the future land use of the
area to determine if property needed to be zoned differently. Mr. Collins stated that if
something was operating when it was brought into the ETJ, it was designated as legally
non-conforming until there was a change of the property. Director Wright asked why the
property could not continue to operate as a special events center. Mr. Collins stated that
it had started operating as a special events center after it was brought into the ETJ.
Director Wright asked if the Board would address the Bill of Assurance issue. City
Attorney Carpenter stated that the Bill of Assurance was a private contract between the
property owners that was entered into at the time of purchase. The City had an
ordinance that allowed the Planning Commission to consider the Bill of Assurance;
however, the City could not mandate compliance.
Andrea Goodwin: Stated that she was the applicant and that this was her personal
home and the request was not to operate seven (7) days a week. Ms. Goodwin stated
that if the Board deemed it necessary, she would be willing to reduce the number of
events per year. Ms. Goodwin stated that to-date, she had not seen any Police Reports
or Property Damage Reports that occurred as a result from of one of their events. Ms.
Goodwin stated that any time alcohol was served at an event, the presence of an off-
duty Police Officer was required.
Mr. Stodola stated that the applicant was voluntarily willing to amend the application to
remove the proposed barn that had been discussed. In addition, Mr. Stodola stated that
the applicant had already purchased a thirty (30)-foot easement in order to make the
9
Little Rock Board of Directors Meeting
December 1, 2020
6:00 PM
necessary improvements to the road. Mr. Stodola stated that the PCD, Planned
Commercial District, only applied to the applicant and if they were to ever move, the
designation would cease.
Mayor Scott closed the public hearing.
By roll call vote, the vote was as follows: Ayes: Hines; Wright; Kumpuris; and Fortson.
Nays: Webb; Adcock; and Vice-Mayor Wyrick. Absent: Richardson and Peck. Present:
Hendrix. When asked if she would like to change her Present vote, Director Hendrix
indicated that she would like to change her vote to remain as Present. The final roll call
vote was as follows: By a vote of four (4) ayes, three (3) nays, two (2) absent; and one
(1) Present, the ordinance failed.
22. ORDINANCE; Z-9525: To approve a Planned Zoning Development and establish a
Planned Residential District, titled Mountain Park PRD, located at the northeast and
northwest corners of North Taylor Street and P Street, Little Rock, Arkansas, amending
the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes.
(Planning Commission: 4 ayes;4 nays;and 3 absent) Staff recommends approval.
Synopsis: The applicant, Forest Park Partners, LLC, is appealing the Planning Commission's
recommendation of denial of the Mountain Park Addition PRD, located at the northeast and
northwest corners of North Taylor Street and P Street.
The ordinance was read the first time. Director Adcock made the motion, seconded by
Director Hines, to suspend the rules and place the ordinance on second reading. By
unanimous voice vote of the Board Members present, the rules were suspended and the
ordinance was read a second time. Director Adcock made the motion, seconded by
Vice-Mayor Wyrick, to suspend the rules and place the ordinance on third reading. By
unanimous voice vote of the Board Members present, the rules were suspended and the
ordinance was read a third time.
Mayor Scott opened the public hearing, and asked if there were individuals present that
wished to speak for or against the item.
Tom Herrin: Stated that he lived across the alley from the proposed housing
development. Mr. Herrin stated that the developer proposed to build three (3) houses on
two (2), fifty (50)-foot lots on each side of Taylor Street. Mr. Herring asked that the
Board deny the application.
Melody Brown: Stated that she had lived in the area most of her entire life and was
opposed to the proposed development. Ms. Brown stated that the rezoning of the four
(4) lots to six (6) lots, with zero (0) lot lines was not in character, nor did it preserve the
natural features of the Mountain Park Subdivision. Ms. Brown stated that clearing the
lots would present a drainage problem for those residents that lived downhill. Ms. Brown
stated that she supported new construction, remodeling and improvements to the
Mountain Park Subdivision; however, the improvement needed to be completed
responsibly with the future in mind. Ms. Brown stated that single-family home
construction needed to be made for the existing lot sizes and not reduced lot sized, with
consideration for drainage, ground coverage and tree preservation. Ms. Brown asked
that the Board deny the application.
Hunter East: Stated that he, along with his partner Billy Collins, had purchased the
properties with the concept to slowly building homes that fit in nicely with the traditional
aesthetics of the area. Mr. East stated that over the past three (3) years, prices per
square-foot had increased considerably, and he believed that they had contributed
10
Little Rock Board of Directors Meeting
December 1, 2020
6:00 PM
significantly to that fact. Mr. East stated that the target audience of young families, ages
twenty-five (25) to thirty-five (35), that desired to live in the neighborhood were largely
priced out from being able to afford the larger 3,000+ square-foot homes.
Billy Collins: Stated that he had been an owner in the Forest Park community for
approximately eleven (11) years. Mr. Collins stated that the opportunity had presented
itself for him to purchase nine (9) rental properties, all within 200 feet of his home, so he
developed a plan to revitalize the area.
Carol Brizzolara (via e-mail): Stated that she strongly disagreed with the proposal to
make two (2) lots into three (3). Ms. Brizzolara stated that she lived close to the
proposed development and felt that it would not fit the neighborhood to cram three (3)
new construction homes into such a small space. Ms. Brizzolara asked that the Board
vote against the application.
Aristo Brizzolara (via e-mail): Stated that he was opposed to the proposed change. Mr.
Brizzolara stated that the construction of the homes would be a detrimental change to
the fabric and scale of the neighborhood and would hurt property values in the area. Mr.
Brizzolara asked that the Board oppose the application.
Neil & Beverly McMillen (via e-mail): Stated that they opposed the applicant's request to
change the lots lines and that jamming three (3) houses onto two (2) lots would create
an urban density that would jeopardize the value of other property in the vicinity.
Mayor Scott closed the public hearing.
By roll call vote, the vote was as follows: Ayes: Hendrix; Hines; and Wright. Nays:
Webb; Peck; Kumpuris; Fortson; Adcock; and Vice-Mayor Wyrick. Absent: Richardson.
By a vote of three (3) ayes, six (6) nays and one (1) absent, the ordinance failed.
SEPARATE ITEMS (Item 23)
23. ORDINANCE: To provide for and to adopt the 2021 Budget for the City of Little
Rock, Arkansas, for the period beginning January 1, 2021, and ending December 31,
2021; to appropriate resources and uses for every expenditure item and fund; to declare
an emergency; and for other purposes. Staff recommends approval.
The ordinance was read the first time. Director Hines made the motion to suspend the
rules and place the ordinance on second reading; however, the motion failed due to
the lack of a second.
Mayor Scott adjourned the meeting.
A�, APPROVED:
firj • -1111A111.
u •ley, City Clerk Frank Sco t, Jr., r-
11