HomeMy WebLinkAbout02-20-963 5 7 '
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
February 20, 1996 - 5:30 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 present: Directors Sharp, mason,
Adcock, Joyce, and Wyrick - total 5; Absent - Directors
Kumpuris, Wilson, Hinton, Hodges, and Keck - total 5.
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 Mayor Dailey, followed by
the Pledge of Allegiance.
(Director Hodges enrolled at 5:32 o'clock P.M.)
Consideration was then given to the Consent Agenda as
follows:
(1) Resolution No. 9,617, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT FOR TIRE RECAPPING FOR THE
DEPARTMENT OF FLEET SERVICES. (Fleet Tire Service - not to
exceed $39,560.)
(2) Resolution No. 9,618, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
_ INTO A CONTRACT WITH KEY WEST ENTERPRISES FOR JANITORIAL
SERVICES FOR THE DEPARTMENT OF GENERAL SERVICES. (Not to
exceed $59,808.)
(3) Resolution No. 91619, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH TOWNSHIP BUILDERS FOR IMPROVEMENTS TO
MABELVALE CUTOFF FROM CHICOT TO GEYER SPRINGS ROADS;
ALLOCATING 1988 CAPITAL IMPROVEMENT BOND FUNDS. (Not to
exceed $1,002,600.)
(4) Resolution No. 9,620, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH LAMBERT CONSTRUCTION COMPANY FOR
IMPROVEMENTS TO GEYER SPRINGS ROAD FROM VALLEY DRIVE TO
MABELVALE CUTOFF; ALLOCATING 1988 CAPITAL IMPROVEMENT BOND
FUNDS. (Not to exceed $881,450.)
(5) Resolution No. 9,621, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH HALL CONTRACTING CORP. FOR THE
— REHABILITATION OF THE WRIGHT AVENUE BRIDGE OVERPASS, A 1995
CAPITAL IMPROVEMENT BOND PROJECT.
(6) Resolution No. 9,622, with the title being:
A RESOLUTION APPROVING THE SALE OF PROPERTY ON
ASCENSION ROAD. (Part of Lot 29, Block 3, Westwood Addition
- 7924 Ascension Road - to Robert L. Younts.)
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there was no motion to suspend the rules to provide for the
third reading; therefore, the Ordinance was left on the
calendar for third and final reading on March 5, 1996.
Item 13 on the Agenda was a proposed Ordinance
described as:
AN ORDINANCE AMENDING THE PROVISIONS OF SECTION 36-
85(D) OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK,
ARK., PROVIDING FOR A WAIVER OF RIGHT -OF -WAY DEDICATION FOR
GEYER SPRINGS ROAD AND MEYERSON DRIVE WHERE ADJACENT TO
PROPERTY LOCATED AT 6000 MYERSON DR.;
(Director Rock was excused at 7:05 o'clock P.M.)
and there was a first reading of the Ordinance, followed by
a motion to suspend the rules and place the Ordinance on
second reading. The motion was made by Director Mason,
seconded by Director Sharp, 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 and second by Directors Sharp and Mason,
respectively, 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 the Ordinance was read the third and
last time. A roll call vote was taken on the question,
Shall the Ordinance Pass, with the vote recorded as follows:
Ayes - None; Noes - Directors Hodges, Joyce, Wyrick, Sharp,
Mason, Kumpuris, Adcock, Hinton and Mayor Dailey - total 9;
Absent - Directors Wilson and Keck - total 2. Whereupon,
Mayor Dailey announced that the Ordinance had FAILED.
Consideration was then given to Item 17 being Ordinance
No. 17,128, entitled:
AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND
ESTABLISHING A PLANNED COMMERCIAL DEVELOPMENT DISTRICT
TITLED GOODWIN 301 E. ROOSEVELT SHORT -FORM PCD (Z- 6063 -A),
LOCATED AT 301 E. ROOSEVELT RD., 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;
and the Ordinance was read the first time. There was a
motion by Director Adcock, seconded by Director Joyce, to
suspend the rules and place the Ordinance on second 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 the second
reading of the Ordinance ensued. There was a subsequent
motion and second by Directors Mason and Sharp,
respectively, 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 the Ordinance was read the third and
last time. A roll call vote was taken on the question,
Shall the Ordinance Pass, with the vote recorded as follows:
Ayes - Directors Hodges, Joyce, Wyrick, Sharp, Mason,
Kumpuris, Adcock, Hinton and Mayor Dailey - total 9; Noes -
None; Absent - Directors Keck and Wilson - total 2.
Whereupon, Mayor Dailey declared the Ordinance PASSED.
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February 20, 1996
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Item 26 was the next presentation, Ordinance No.
17,129, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF THE SIDEWALK REQUIREMENTS FOR RIVERS EDGE
OFFICE BUILDING, TRACT 4R, RIVER FRONT ADDITION (BP94 -153),
LOCATED AT 2222 COTTONDALE LANE, LITTLE ROCK, ARKANSAS.
The Ordinance was prepared as a waiver of the sidewalk
requirements. However, there was a motion by Director
Adcock, seconded by Director Joyce, to amend the Ordinance
from a waiver to a deferral of up to 5 years or until
construction of abutting sidewalk, whichever comes first.
The motion was unanimously adopted. Therefore, the
Ordinance providing for a deferral was read the first time.
There was a motion and second by Directors Adcock and Mason,
respectively, to suspend the rules and place the Ordinance
on second 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 the second reading of the Ordinance ensued.
There was a subsequent motion by Director Mason to again
suspend the rules and place the Ordinance on third and final
reading. The motion was seconded by Director Joyce 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 Ordinance was read the third and
last time. A roll call vote was taken on passage of the
Ordinance as follows: Ayes - Directors Hodges, Joyce,
Wyrick, Sharp, Mason, Kumpuris, Adcock, Hinton and Mayor
Dailey - total 9; Noes - None; Absent - Directors Keck and
Wilson - total 2. Whereupon, Mayor Dailey declared the
Ordinance PASSED.
(Director Keck re- enrolled at 7:10 o'clock P.M.)
Item 27 on the Agenda was a proposed Ordinance
described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARK. PROVIDING FOR A
SIDEWALK DEFERRAL REQUIRED FOR BUILDING EXPANSION OF
SOUTHWEST LIBRARY LOCATED AT 5702 DREHER LANE, LITTLE ROCK,
ARK.
Dr. Bobby Roberts, Executive Director of the Central
Arkansas Library System, spoke in support of the deferral,
stating if the sidewalk would serve any legitimate purpose,
it would have been included in the plans. He said the
Library would be glad to build the sidewalk when plans are
in place for other sidewalks, but this sidewalk goes
nowhere. At Director Wyrick's request, Mr. Roberts
explained that he has been in contact with the Arkansas
Disability Coalition, and basically, the Coalition said the
sidewalk goes nowhere. Director Wyrick said she couldn't
see that the sidewalk would connect with anything, and she
supported the deferral. Director Adcock had questions about
the State Highway Department property behind the Library and
whether sidewalks would be required that would connect to
the Library property. She also had questions about the
number of parking spaces available for the Library. She
stated that the property in front of the Library is being
donated to the Windamere Neighborhood Association for a park
or other neighborhood use and suggested that Mr. Roberts
contact the Windamere group about putting in parking spaces
on the property for use of the Library. Director Sharp
recommended deferral until sidewalks come to the property
line. Director Joyce recommended leaving the Ordinance on
first reading. City Manager Charles Nickerson recommended
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February 20, 1996
deferral until property developes that would trigger the
requirement for sidewalk construction. City Attorney Tom
Carpenter expressed concerns because the law reads that it
is the City's responsibility to assure that sidewalks are
available for public buildings and if sidewalks are there
then curb cuts are required. Mr. Carpenter also recommended
leaving the Ordinance on first reading so that he could
check into the other aspects. Following the lengthy
discussion, the Ordinance was read the first time and left
on the calendar for second reading on March 5, 1996.
A public hearing had been scheduled for this time and
place by Resolution No. 9,616, adopted February 6, 1996, to
consider the use of 1996 CDBG, HOME, and ESG funding. Mayor
Dailey declared the public hearing open. No one was present
who wished to speak in opposition to the proposal.
Therefore, Mayor Dailey closed the public hearing, and
Resolution No. 9,623 was presented, entitled:
A RESOLUTION AUTHORIZING APPROVAL OF THE PROJECTED USES
OF 1996 CDBG, HOME AND ESG FUNDING.
(CDBG - $2,432,000; HOME - $874,000; ESG - $95,000.)
Following the reading of the Resolution, there was a motion
by Director Keck to adopt the Resolution. The motion was
seconded by Director Sharp, and the Resolution was
unanimously adopted.
Introduced next was Ordinance No. 17,130, described as:
AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF
COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO
ENTER INTO CONTRACTS WITH SIX CONTRACTORS TO PROVIDE YOUTH
INITIATIVE PROJECT SERVICES AT TEN SPECIFIC SITES WITHIN THE
CITY, DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
and the Ordinance was read the first time. There was a
motion by Director Keck, seconded by Director Sharp, to
suspend the rules and place the Ordinance on second reading.
The motion 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 and the second
reading of the Ordinance ensued. There was a subsequent
motion and second by Directors Sharp and Keck, respectively,
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 ten 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 the question, Shall the
Ordinance Pass, with the results recorded as follows: Ayes
- Directors Hodges, Keck, Joyce, Wyrick, Sharp, mason,
Kumpuris, Adcock, Hinton and Mayor Dailey - total 10; Noes -
None; Absent - Director Wilson - total 1.
The Emergency Clause contained in Section 3 of the
foregoing Ordinance was read and adopted by the following
roll call vote: Ayes - Directors Hodges, Keck, Joyce,
Wyrick, Sharp, mason, Kumpuris, Adcock, Hinton and Mayor
Dailey - total 10; Noes - None; Absent - Director Wilson -
total 1. Whereupon, the Ordinance, together with the
Emergency Clause, was declared PASSED.
Consideration was then given to Resolution No. 9,624,
entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK
TO EXECUTE A RIGHT -OF -WAY EASEMENT TO ARKANSAS POWER AND
LIGHT TO CONSTRUCT ELECTRIC FACILITY ON CITY PROPERTY;
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(City owned property in the North University area which is
part of Rebsamen Park.)
and the Resolution was read in full. Director Keck moved
for the adoption of the Resolution. Director Mason seconded
the motion, and the Resolution was unanimously adopted.
The next presentation was Ordinance No. 17,131, with
the title being:
AN ORDINANCE TO REPEAL LITTLE ROCK, ARK., ORDINANCE NO.
16,382 (MARCH 13, 1993) CONCERNING THE MUNICIPAL JUDGES
RETIREMENT PLAN; DECLARING AN EMERGENCY, AND FOR OTHER
PURPOSES;
(Ordinance No. 16,382 permitted credit for prior public
service as quorum court member and a law enforcement officer
for persons serving as a municipal judge to be applied to
the retirement plan.)
and the Ordinance was read the first time. Director Adcock
moved to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Wyrick and
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, and the second reading of the Ordinance
ensued. There was subsequent motion and second by Directors
Adcock and Mason, 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 ten
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 as follows: Ayes - Directors Hodges, Joyce,
Wyrick, Sharp, Mason, Kumpuris, Adcock, Hinton and Mayor
Dailey - total 9; Noes - None; Voting Present - Director
Sharp - total 1; Absent - Director - total 1.
The Emergency Clause contained in Section 2 of the
foregoing Ordinance was read and adopted by the following
roll call vote: Ayes - Directors Hodges, Keck, Joyce,
Wyrick, Mason, Kumpuris, Adcock, Hinton and Mayor Dailey -
total 9; Noes - None; Voting Present - Director Sharp -
total 1; Absent - Director Wilson - total 1; Whereupon, the
Ordinance, together with the Emergency Clause, was declared
PASSED.
(Director Sharp questioned why the Ordinance was ever
passed three years ago. City Attorney Tom Carpenter
explained the City was asked to pass the Ordinance pursuant
to a particular State Act, and in recent research, found
that the State Act did not apply to Traffic Judge Bill Watt.
Mayor Dailey said obviously the City made a mistake and this
action corrects that mistake. The City will move forward
with legislative relief that will be consistent for all of
our municipal judges.)
In response to the request of City Attorney Tom
Carpenter to add to the Agenda a Resolution to accept
termination of magistrate positions in Municipal Court,
Director Keck moved to place the Resolution on the Agenda.
The motion was seconded by Director Adcock and unanimously
adopted. Whereupon, Resolution No. 9,625 was presented,
with the title being:
A RESOLUTION TO ACCEPT THE DECISION OF THE LITTLE ROCK
MUNICIPAL COURT TO DISCHARGE ITS MAGISTRATES; AND FOR OTHER
PURPOSES;
(Terminate positions of Magistrate held by Richard Grasby
and Mark Hampton, Second Division (Traffic), Little Rock
Municipal Court.)
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February 20, 1996
and the Resolution was read in full. Director Keck moved
for the adoption of the Resolution. The motion was seconded
by Director Adcock, and the Resolution was unanimously
adopted.
Consideration was then given to Ordinance 17,132,
entitled:
AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF
COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH PULASKI COUNTY TO ADMINISTER AND
SUBCONTRACT THE "OUR CLUB" PROGRAM, A YOUTH DEVELOPMENT/
MENTORING PROGRAM; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES;
and the Ordinance was read the first time. There was a
motion by Director Adcock, seconded by Director Joyce, to
suspend the rules and place the Ordinance on second reading.
The motion 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, and the second
reading of the Ordinance ensued. There was a subsequent
motion by Director Joyce to again suspend the rules and
place the Ordinance on third and final reading, and the
motion 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 third and last time, followed by a roll call vote on the
question, Shall the Ordinance Pass, as recorded: Ayes -
Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason,
Kumpuris, Adcock, Hinton and Mayor Dailey - total 10; Noes -
None; Absent - Director Wilson - total 1.
The Emergency Clause contained in Section 3 of the
foregoing Ordinance was read and adopted by the following
roll call vote: Ayes - Directors Hodges, Keck, Joyce,
Wyrick, Sharp, Mason, Kumpuris, Adcock, Hinton and Mayor
Dailey - total 10; Noes - None; Absent - Director Wilson -
total 1; Whereupon, the Ordinance, together with the
Emergency Clause, was declared PASSED.
At the time allotted for Citizen Communications, the
first speaker was Mr. Robert "Say" McIntosh, who spoke about
the recent murder at the Subway Restaurant.
The next speaker under Citizen Communications was Ms.
Maggie Hawkins, who urged the Board of Directors not to
close the fire station at Roosevelt and Confederate. The
City plans to construct a new fire station at Roosevelt and
Frazier Pike, which would be to the disadvantage of the
residents in the area of Roosevelt and Confederate. She
presented a petition to Mayor Dailey signed by residents in
opposition to the proposed closing of the fire station.
Mayor Dailey asked that this matter be on the Agenda for
next Tuesday.
Mrs. Nellie Leonard also spoke on the subject of the
fire station at Roosevelt and Confederate, saying area
residents thought the station was to be renovated, and now
they are told it is to be moved. She concluded by pleading,
"Do not move the station." Director Kumpuris asked City
Manager Charles Nickerson to take the names and addresses of
speaking on the fire station issue and plot where they would
be served from and what the response time would be.
Director Joyce presented Certificates of Appreciation
to J. R. Purifoy, Ilene Smith and Erlene Siler, officers of
Wakefield Neighborhood Association whose terms have expired.
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City Manager Charles Nickerson announced the
appointment of new employees as follows: Blinna Cunningham
- Minority Economic Development Director; David Bragg -
Fleet Services Director; and Tracy Rancifer - Administrative
Services Coordinator.
There being no further business to be presented, the
Board of Directors recessed at 8:10 o'clock P.M. to
reconvene at 4:00 P.M. on Tuesday, February 27, 1996, to
consider a street widening issue.
ATTEST:
City Clerk Robbie Hancock
15
AP ROVED:
M or Jim Dailey
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February 20, 1996
Upon a motion by Director Adcock, which was seconded by
Director Joyce and unanimously adopted, the Consent Agenda
was dispensed with as follows: (1, 2, 3, 4, 5, and 6)
Resolutions No. 9,617, 9,618, 9,619, 9,620, 9,621, and 9,622
were read and unanimously adopted.
Mayor Dailey announced that the following items would
be deferred until March 5, 1996:
Item 18 - AN ORDINANCE PROVIDING FOR A WAIVER OF MASTER
STREET PLAN RIGHT -OF -WAY FOR RAYTHEON SERVICE COMPANY LOW
LEVEL WINDSHEAR ALERT SYSTEM SITE #5, LOCATED ON A LEASED
PROPERTY AT THE INTERSECTION OF SANDERS STREET AND FRAZIER
PIKE.
Item #9 - AN ORDINANCE TO AMEND THE CITY LAND USE PLAN
(16,222) IN THE CENTRAL CITY DISTRICT, WEST OF BRAGG FROM
23RD TO 24TH STREETS FROM SINGLE FAMILY TO MIXED USE AND FOR
OTHER MATTERS.
Item #10 - AN ORDINANCE TO REZONE 2322 BRAGG STREET
FROM 11R -4" TWO- FAMILY DISTRICT TO 110 -1" QUIET OFFICE
DISTRICT.
(Directors Rock and Hinton enrolled at 5:40 o'clock
P.M.)
Consideration was then given to Item 11 being Ordinance
No. 17,114, entitled:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222)
IN THE 65TH STREET EAST DISTRICT, EITHER SIDE OF MYERSON
DRIVE, EAST OF GEYER SPRINGS ROAD, FROM INDUSTRIAL TO
SUBURBAN OFFICE AND MIXED USE, AND FOR OTHER MATTERS;
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading upon a
motion by Director Adcock, which was seconded by Director
Joyce 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. Following the second
reading of the Ordinance, there was a subsequent motion and
second by Directors Adcock and Keck, respectively, 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 the
third and last reading of the Ordinance ensued. A roll call
vote was taken on passage of the Ordinance, which is
recorded as follows: Ayes - Directors Hodges, Keck, Joyce,
Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey -
total 9; Noes - None; Absent - Directors Kumpuris and Wilson
- total 2. Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,115, 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;
(Z -6087 - To rezone Lot 2, Myerson Manor (6000 Myerson
Drive) from 11R -2" Single- Family District to 110-1" Quiet
Office District.)
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading upon a
motion by Director Adcock, which was seconded by Director
Joyce and unanimously adopted by the Board Members present,
being nine in number and two - thirds or more of the members
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of the Board of Directors - elect. Following the second
reading of the Ordinance, there was a subsequent motion and
second by Directors Adcock and Keck, respectively, 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 the
third and last reading of the Ordinance ensued. A roll call
vote was taken on passage of the Ordinance, which is
recorded as follows: Ayes - Directors Hodges, Keck, Joyce,
Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey -
total 9; Noes - None; Absent - Directors Kumpuris and Wilson
- total 2. Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,116, described as:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222)
IN THE CENTRAL CITY DISTRICT IN THE AREA BETWEEN MARSHALL
AND BATTERY FROM 13TH TO 14TH STREETS, FROM SINGLE FAMILY TO
PUBLIC INSTITUTIONAL, AND FOR OTHER MATTERS;
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading upon a
motion by Director Adcock, which was seconded by Director
Joyce 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. Following the second
reading of the Ordinance, there was a subsequent motion and
second by Directors Adcock and Keck, respectively, 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 the
third and last reading of the Ordinance ensued. A roll call
vote was taken on passage of the Ordinance, which is
recorded as follows: Ayes - Directors Hodges, Keck, Joyce,
Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey -
total 9; Noes - None; Absent - Directors Kumpuris and Wilson
- total 2. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,117,
entitled:
AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND
ESTABLISHING A PLANNED OFFICE DEVELOPMENT DISTRICT TITLED
WESTSIDE JR. HIGH SCHOOL SHORT -FORM POD (Z- 2559 -8) LOCATED
IN THE BLOCK BOUNDED BY W. 14TH ST., S. WOLFE ST., W. 13th
ST., AND S. MARSHALL ST., 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;
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading upon a
motion by Director Adcock, which was seconded by Director
Joyce 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. Following the second
reading of the Ordinance, there was a subsequent motion and
second by Directors Adcock and Keck, respectively, 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 the
third and last reading of the Ordinance ensued. A roll call
vote was taken on passage of the Ordinance, which is
recorded as follows: Ayes - Directors Hodges, Keck, Joyce,
Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey -
total 9; Noes - None; Absent - Directors Kumpuris and Wilson
- total 2. Whereupon, the Ordinance was declared PASSED.
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The next presentation was Ordinance No. 17,118, with
the title being:
AN ORDINANCE APPROVING MODIFICATION TO A PLANNED ZONING
DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF A POD
DISTRICT TITLED SEVEN ACRES BUSINESS PARR AMENDED LONG -FORM
POD (2- 5038 -B), LOCATED ON THE SOUTH SIDE OF CANTRELL RD.,
APPROXIMATELY 0.3 MILE EAST OF THE WEST TAYLOR LOOP RD.
INTERSECTION, AND IMMEDIATELY EAST OF BELLA ROSA DR., IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NO. 16,319
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 upon a
motion by Director Adcock, which was seconded by Director
Joyce 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. Following the second
reading of the Ordinance, there was a subsequent motion and
second by Directors Adcock and Keck, respectively, 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 the
third and last reading of the Ordinance ensued. A roll call
vote was taken on passage of the Ordinance, which is
recorded as follows: Ayes - Directors Hodges, Keck, Joyce,
Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey -
total 9; Noes - None; Absent - Directors Kumpuris and Wilson
- total 2. Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,119, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER FROM THE SUBDIVISION REGULATION WHICH REQUIRES
PROPER SUBDIVISION OF LAND FOR THE DAVID AND THERESA STERNS
HOME SITE (Z- 6075), OUTSIDE THE CITY LIMITS, LOCATED AT 6401
SULLIVAN RD., LITTLE ROCK, ARKANSAS;
and there was a first reading of the Ordinance. A motion
was made by Director Adcock to suspend the rules and place
the Ordinance on second reading. The motion was seconded by
Director Keck 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 and second by Directors Adcock and Hinton,
respectively, 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 the Ordinance was read the third and
last time. A roll call vote was taken on the question,
Shall the Ordinance Pass, which is recorded as follows:
Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason,
Adcock, Hinton, and Mayor Dailey - total 9; Noes - None;
Absent - Directors Kumpuris and Wilson - total 2.
Therefore, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,120,
entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR VARIANCES FROM THE SUBDIVISION REGULATIONS WHICH
RESTRICT THE NUMBER OF ACCESS POINTS TO LOTS FROM COLLECTOR
STREETS, FOR PLEASANT RIDGE SUBDIVISION, LOTS 3A, 3B, 3C,
3D, AND 3E (S- 50 -I), LOCATED ON THE SOUTH SIDE OF PLEASANT
E
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February 20, 1996
RIDGE RD., APPROXIMATELY 0.2 MILE WEST OF CANTRELL RD.,
LITTLE ROCK, ARKANSAS;
and there was a first reading of the Ordinance. A motion
was made by Director Adcock to suspend the rules and place
the Ordinance on second reading. The motion was seconded by
Director Keck 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 and second by Directors Adcock and Hinton,
respectively, 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 the Ordinance was read the third and
last time. A roll call vote was taken on the question,
Shall the Ordinance Pass, which is recorded as follows:
Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason,
Adcock, Hinton, and Mayor Dailey - total 9; Noes - None;
Absent - Directors Kumpuris and Wilson - total 2.
Therefore, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,121, 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 FROM THE SUBDIVISION REGULATION WHICH PROHIBITS
DOUBLE - FRONTAGE LOTS FOR POINT WEST 6TH ADDITION (S- 54 -U),
LOCATED ON THE SOUTH SIDE OF KANIS RD., APPROXIMATELY 0.25
MILE WEST OF POINT WEST DR., LITTLE ROCK, ARKANSAS;
and there was a first reading of the Ordinance. A motion
was made by Director Adcock to suspend the rules and place
the Ordinance on second reading. The motion was seconded by
Director Keck 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 and second by Directors Adcock and Hinton,
respectively, 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 the Ordinance was read the third and
last time. A roll call vote was taken on the question,
Shall the Ordinance Pass, which is recorded as follows:
Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason,
Adcock, Hinton, and Mayor Dailey - total 9; Noes - None;
Absent - Directors Kumpuris and Wilson - total 2.
Therefore, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,122, described:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A VARIANCE FROM THE SUBDIVISION REGULATION WHICH SETS A
MINIMUM HORIZONTAL RADIUS FOR COMMERCIAL STREETS FOR CHENAL
LOOP COMMERCIAL SUBDIVISION (S- 1090), LOCATED ON THE EAST
SIDE OF CHENAL PARKWAY, APPROXIMATELY 0.4 MILE NORTH OF THE
WEST KANIS RD. INTERSECTION, LITTLE ROCK, ARKANSAS;
and there was a first reading of the Ordinance. A motion
was made by Director Adcock to suspend the rules and place
the Ordinance on second reading. The motion was seconded by
Director Keck 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 and second by Directors Adcock and Hinton,
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February 20, 1996
respectively, 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 the Ordinance was read the third and
last time. A roll call vote was taken on the question,
Shall the Ordinance Pass, which is recorded as follows:
Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason,
Adcock, Hinton, and Mayor Dailey - total 9; Noes - None;
Absent - Directors Kumpuris and Wilson - total 2.
Therefore, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,123,
entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF THE SUBDIVISION REGULATION WHICH REQUIRES
PROPER SUBDIVISION OF LAND, FOR A 10 -ACRE TRACT OWNED BY THE
L.P. JENKINS FAMILY (S- 1091), LOCATED ON THE NORTH SIDE OF
CRYSTAL VALLEY RD., APPROXIMATELY 0.4 MILE NORTH OF
STAGECOACH RD., OUTSIDE THE CITY LIMITS, AT 8233 CRYSTAL
VALLEY RD., LITTLE ROCK, ARKANSAS;
and there was a first reading of the Ordinance. A motion
was made by Director Adcock to suspend the rules and place
the Ordinance on second reading. The motion was seconded by
Director Keck 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 and second by Directors Adcock and Hinton,
respectively, 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 the Ordinance was read the third and
last time. A roll call vote was taken on the question,
Shall the Ordinance Pass, which is recorded as follows:
Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason,
Adcock, Hinton, and Mayor Dailey - total 9; Noes - None;
Absent - Directors Kumpuris and Wilson - total 2.
Therefore, the Ordinance was declared PASSED.
Presented next was Ordinance No. 17,124, with the title
being:
AN ORDINANCE AMENDING CHAPTERS 31 AND 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR VARIANCES FROM THE SUBDIVISION AND ZONING REGULATIONS
WHICH ESTABLISH MINIMUM FRONT AND REAR BUILDING SETBACKS AND
ESTABLISH THE MINIMUM PERMITTED DEPTH OF LOTS, FOR HINSON
VALLEY SUBDIVISION (8- 1089), LOCATED ON THE NORTH SIDE OF
TAYLOR LOOP RD., APPROXIMATELY 0.2 MILE WEST OF THE HINSON
RD. INTERSECTION AND IMMEDIATELY ACROSS TAYLOR LOOP RD. FROM
HOLMES DR., LITTLE ROCK, ARKANSAS;
and there was a first reading of the Ordinance. A motion
was made by Director Adcock to suspend the rules and place
the Ordinance on second reading. The motion was seconded by
Director Keck 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 and second by Directors Adcock and Hinton,
respectively, 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 the Ordinance was read the third and
last time. A roll call vote was taken on the question,
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February 20, 1996
Shall the Ordinance Pass, which is recorded as follows:
Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason,
Adcock, Hinton, and Mayor Dailey - total 9; Noes - None;
Absent - Directors Kumpuris and Wilson - total 2.
Therefore, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,125, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A VARIANCE FROM THE SUBDIVISION REGULATION WHICH
ESTABLISHES A MINIMUM PERMITTED CENTERLINE OFFSET BETWEEN
INTERSECTING STREETS FOR HINSON VALLEY SUBDIVISION (S- 1089),
LOCATED ON THE NORTH SIDE OF TAYLOR LOOP RD., APPROXIMATELY
0.2 MILE WEST OF THE HINSON RD. INTERSECTION AND IMMEDIATELY
ACROSS TAYLOR LOOP RD. FROM HOLMES DR., LITTLE ROCK,
ARKANSAS;
and there was a first reading of the Ordinance. A motion
was made by Director Adcock to suspend the rules and place
the Ordinance on second reading. The motion was seconded by
Director Keck 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 and second by Directors Adcock and Hinton,
respectively, 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 the Ordinance was read the third and
last time. A roll call vote was taken on the question,
Shall the Ordinance Pass, which is recorded as follows:
Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason,
Adcock, Hinton, and Mayor Dailey - total 9; Noes - None;
Absent - Directors Kumpuris and Wilson - total 2.
Therefore, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,126,
entitled:
AN ORDINANCE TO AMEND LITTLE ROCK, ARK. REV. CODE
SECTION 12 -28 (1988) TO EXCEPT JOB QUALIFICATION
REQUIREMENTS; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES;
(No job qualifications in the Arkansas Fire Prevention Code
are adopted in any form whatsoever, because they conflict
with those already established by the City.)
and the Ordinance was read the first time. There was a
motion by Director Adcock, seconded by Director Keck, to
suspend the rules and place the Ordinance on second 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 the second
reading of the Ordinance ensued. Director Adcock again
moved to suspend the rules and place the Ordinance on third
and final reading. The motion was seconded by Director Keck
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 Ordinance was read the
third and last time. A roll call vote was taken on passage
of the Ordinance as follows: Ayes - Directors Hodges, Keck,
Joyce, Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor
Dailey - total 9; Noes - None; Absent - Directors Kumpuris
and Wilson - total 2.
The Emergency Clause contained in Section 3 of the
foregoing Ordinance was read and adopted by the following
roll call vote: Ayes - Directors Hodges, Keck, Joyce,
Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey -
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February 20, 1996
total 9; Noes - None; Absent - Directors Kumpuris and Wilson
- total 2. Whereupon, the Ordinance, together with the
Emergency Clause, was declared PASSED.
The next presentation was Ordinance No. 17,127, with
the title being:
AN ORDINANCE CONDEMNING CERTAIN STRUCTURES IN THE CITY
OF LITTLE ROCK AS STRUCTURAL, FIRE AND HEALTH HAZARDS;
PROVIDING FOR SUMMARY ABATEMENT PROCEDURES; DIRECTING THE
CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE
AND REMOVE SAID STRUCTURES; DECLARING AN EMERGENCY; AND FOR
OTHER PURPOSES;
and the Ordinance was read the first time. There was a
motion by Director Adcock, seconded by Director Keck, tc
suspend the rules and place the Ordinance on second 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 the second
reading of the Ordinance ensued. Director Adcock again
moved to suspend the rules and place the Ordinance on third
and final reading. The motion was seconded by Director Keck
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 Ordinance was read the
third and last time. A roll call vote was taken on passage
of the Ordinance as follows: Ayes - Directors Hodges, Keck,
Joyce, Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor
Dailey - total 9; Noes - None; Absent - Directors Kumpuris
and Wilson - total 2.
The Emergency Clause contained in Section 5 of the
foregoing Ordinance was read and adopted by the following
roll call vote: Ayes - Directors Hodges, Keck, Joyce,
Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey -
total 9; Noes - None; Absent - Directors Kumpuris and Wilson
- total 2. Whereupon, the Ordinance, together with the
Emergency Clause, was declared PASSED.
Mayor Dailey read a Proclamation, which proclaimed the
month of February as African American History Month. Mrs.
Katie Studdard, a Fifth Grade Teacher at Terry Elementary
School, brought a group of students who performed a skit
titled "Freedom Days." Mayor Dailey presented Certificates
of Appreciation to the students.
(Director Kumpuris enrolled at 6:05 o'clock P.M.)
Item 7 on the Agenda was a public hearing on the appeal
of the Planning Commission's approval of a Conditional Use
Permit for Cellular One, Norwood Lane Site (Z- 6061). The
appeal was filed by the Norwood Family and the estate of
Charles Norwood. (See Minutes of January 16, 1996, - Board
of Directors deferred the public hearing to February 20,
1996.) Mr. Jack Kearney, attorney for the Norwood family,
asked to have the public hearing deferred in order to obtain
statements and have other family members and neighbors
present. Mr. Jim Lawson, Director of Neighborhoods and
Planning, stated that Staff requested a deferral the first
time because the City might declare a moratorium on cellular
communications towers in Little Rock, but determined
otherwise. The applicant has done everything he can do. The
tower and the building are in the middle of a one acre tract
of ground with trees all around, and Staff recommends
approval. City Attorney Tom Carpenter stated the question
before the Board is, "Is there basis for deferral ?" Mayor
Dailey then declared the public hearing open. Mr. Kearney
again asked for a deferral because there were other family
members that would like to be present but are out of town.
He said the applicant has bought substantial property near
Minutes
February 20, 1996
665
the Norwood estate, and sometime during recent years
acquired one acre within the Norwood estate where the tower
is to be located. Mr. Kearney said the applicant did not
want the tower on his property because it would block his
view. Mr. Charles Grandison and Ms. Belva Nelson spoke in
opposition to the location of the tower. Mr. Hunter Stuart,
representing AT &T Wireless Services, formerly Cellular One
Telephone Company, explained the proposal for the cellular
communications tower. Mr. Gene Ludwig, property owner,
spoke briefly about the location of the tower. Mayor Dailey
declared the public hearing closed, and the proposed
Resolution was presented, with the title being:
A RESOLUTION RESCINDING THE LITTLE ROCK PLANNING
COMMISSION'S ACTION IN APPROVING A CONDITIONAL USE PERMIT
FOR A CELLULAR COMMUNICATIONS TOWER AND EQUIPMENT BUILDING
TO BE LOCATED APPROXIMATELY 600 FEET EAST OF NORWOOD ROAD,
NORTH OF PINNACLE VALLEY ROAD.
Responding to a question by Mayor Dailey regarding where we
are on tower proliferation, Assistant City Manager Cy Carney
stated that President Clinton recently signed a new
telecommunications bill and one provision of that bill is
that cities are prohibited from imposing moratoriums on
personal communication system towers. Mr. Carney felt the
number of wireless providers would be very small. The
Resolution was read in full, followed by a motion and second
to adopt the Resolution. The motion was made by Director
Hodges and seconded by Director Hinton. A roll call vote
was taken on adoption of the Resolution as follows: Ayes -
Directors Hodges, Joyce, Mason, and Hinton - total 4; Noes -
Directors Keck, Wyrick, Sharp, Kumpuris, Adcock and Mayor
Dailey - total 6; Absent - Director Wilson - total 1. Mayor
Dailey announced that the Resolution had FAILED.
Item 8 on the Agenda was a public hearing on the zoning
Appeal of the Planning Commission's denial of the request to
rezone property located at the northeast corner of west 36th
Street and Shackleford Road (Z -6084) from 11R -2" Single -
family District to 11C -2" Shopping Center District. The
appeal was filed by Mr. Pete Hornibrook. Mayor Dailey
declared the public hearing open. No one was present who
wished to speak on the issue. Mayor Dailey declared the
public hearing closed, and the proposed Ordinance was
presented, 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;
(Z -6084 - To rezone 11.99 acres at the northeast corner of
South Shackleford Road and West 36th Street from "R -2"
Single - family District to 11C -2" Shopping center District.)
and the Ordinance was read the first time. There was a
motion by Director Adcock, seconded by Director Joyce, to
suspend the rules and place the Ordinance on second reading.
The motion 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, and the second
reading of the Ordinance ensued. At the request of Director
Adcock, Mr. Jim Lawson, Director of Neighborhoods and
Planning, explained the reason for recommending denial. He
said Staff was concerned because this is next to "MF -12"
Residential and just west of Our Way (a residential
facility for physically and visually impaired persons). The
Land Use Plan shows Public Institutional for this property.
Staff could support MF -6 Multifamily or some sort of office
development. There is no development plan, this is just a
rezoning request. Due to the absence of the applicant,