HomeMy WebLinkAbout02-04-97Bill
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
February 4, 1997- 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas met in regular session
with Mayor Dailey presiding. City Clerk Robbie Hancock called the roll with the
following Directors present: Directors Wilson, Hodges, Cazort, Joyce, Wyrick, Kelly,
and Adcock - total 7; Absent - Directors Hinton, Keck and Kumpuris - total 3.
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 Director Cazort, followed by the Pledge of
Allegiance.
(Directors Hinton and Kumpuris enrolled at 6:07 o'clock P.M.)
Mr. Bob Russell, chairman of the Multi- purpose Civic Center Facilities Board for
Pulaski County, and Charlie Foster of Burt Taggert Associates Architects, gave a slide
presentation of the new 18,000 seat multi - purpose arena to be built on the North
Little Rock riverfront and completed by October, 1999.
(Director Keck enrolled at 6:12 o'clock P.M.)
Director Hinton introduced speakers of agencies with the Youth Task Force, who
spoke briefly about their youth services programs: Joyce Hardy - Celebration
Ministries; Beverly Miller - Family Service Agency; Lee Jones - Executive Director of
the Little Rock Housing Authority and its youth programs; Becca ( ?) Andrews - Centers
for Youth and Families and Stepping Stones.
City Manager Charles Nickerson presented the Government Finance Officers
Association (GFOA) Certificate of Achievement for Excellence in Financial
Reporting Award to Comptroller Jim Chandler for the City of Little Rock
Comprehensive Annual Financial Report for the fiscal year ended December 31, 1995.
Mr. Chandler said this is the fifteenth award the City of Little Rock has received.
Ms. Janinne Riggs, President of the Friends of the Zoo (FOZ), made a
presentation, stating that Arkansas' only Zoo is at a critical crossroads that will require
specific action on the part of the City of Little Rock and its other friends. Two major
activities of FOZ for 1997 are: (1) FOZ is funding construction of the lemur island
exhibit; and (2) FOZ is funding a marketing campaign for the Zoo. The City's
commitment to long -term financing is critical. Mr. Bill Bunten, Director of Parks and
Recreation, responded to Director Hodges questions regarding accreditation, stating he
felt the Zoo would receive accreditation due to the improvements made at the Zoo and the
commitment to long -term financing. (See Resolution No. 9,916 on page 12)
Mayor Dailey recognized members of Boy Scout Troop 59 of First Christian
Church who were attending the meeting to earn merit badges.
Item 1 on the Agenda was a proposed Ordinance entitled: "AN ORDINANCE
AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN
AGREEMENT FOR THE SALE OF WATER TO THE CITY OF BENTON,
ARKANSAS." Mr. Jim Harvey, Manager of Little Rock Municipal Water Works, had
written a letter to the Board of Directors in response to Director Adcock's questions
regarding the approximately 200 houses in the City of Little Rock that do not have City
water. Mr. Harvey's letter stated that the policy for over 60 years is that any customer
needing water service is responsible for the initial cost of the infrastructure (normally the
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Board Members present, being eleven in number and two- thirds or more of the members
of the Board of Directors, 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 Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock,
Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,394, 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 STRUCTURE; 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 Board Members present, being eleven
in number and two - thirds or more of the members of the Board of Directors, and the
second reading of the Ordinance ensued. There was a subsequent motion and second by
Directors Adcock and Wilson, respectively, to again suspend the rules to provide for the
third and final reading of the Ordinance. 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, 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 Cazort, Keck, Wyrick, Kumpuris, Kelly, Adcock, Wilson,
Hinton, Hodges and Mayor Dailey - total 10; Noes - None; Abstentions - Director Joyce -
total 1; Absent - None.
The Emergency Clause contained in Section 5 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Cazort, Keck, Wyrick,
Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 10; Noes -
None; Abstentions - Director Joyce - total 1; Absent - None. Whereupon, the
Ordinance, together with the Emergency Clause, was declared PASSED.
Item 20 on the Agenda was a proposed Ordinance entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT
AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED
BOWMAN MINI - STORAGE SHORT -FORM PCD (Z- 6238), LOCATED AT 1400
BOWMAN ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING
CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE
ROCK; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. Mr. David Jones, Vogel Jones Realty, said he
agreed 100 percent with the Staff write -up that "The adopted Land Use Plan recommends
Transition Zone. Transition Zone is intended to provide a transition between single
family residential uses and other more intense uses and the proposed use is acceptable in
Transition Zone. " Mayor Dailey asked Mr. Jim Lawson, Director of Planning and
Development, to explain the difference between this transition zone and the Bella Rosa
case. Mr. Lawson stated this is in the Transition Zone located along Kanis Road. The
Kanis Road Plan did envision mini - warehouses and warehouse type uses. This is not to
be confused with the Highway 10 Plan. Staff will be coming back to the Board with
recommendations for any plan changes along Kanis Road. Mayor Dailey mentioned the
proposal for specific concepts like an overlay. Mr. Lawson said there is a committee that
is looking at various concepts. Director Keck was concerned that there will be increased
activitiy not only along Kanis Road but also on Chenal Parkway. He strongly encouraged
the committee to move as rapidly as possible and have a recommendation to the Board by
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February 4, 1997
the first of April. After some discussion, the Board agreed to leave the Ordinance on
the calendar for second reading on February 18,1997.
A public hearing had been scheduled for this time and place on the petition filed
by Stephen Bilheimer and Charlene Marsh to vacate a portion of the public utility
easement in Lot 17 of The Ridge Addition to the City of Little Rock, Arkansas. Notice
of hearing was published in the Daily Record on January 28, 1997 and February 4, 1997.
Attached to the petition was a certified copy of the Plat of Lot 17 of the Ridge Addition
on file in the Pulaski County Circuit Clerk's Office and a letter from Attorney Charles R.
Dougan listing the last apparent owners of record of abutting property. Mayor Dailey
declared the public hearing open. When no one appeared to speak either for or against
the abandonment, Mayor Dailey declared the public hearing closed and Ordinance No.
17,395 was introduced, entitled:
AN ORDINANCE VACATING A PORTION OR THE PUBLIC UTILITY
EASEMENT IN LOT 17 OF THE RIDGE ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS;
and the Ordinance was read the first time. There was a motion by Director Adcock,
seconded by Director Wilson, to suspend the rules and place the Ordinance on second
reading. the motion was unanimously adopted by Board Members present, being eleven
in number and two- thirds or more of the members of the Board of Directors, 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 to provide for the
third and final reading of the Ordinance. 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, 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 Cazort, Keck, Joyce, Wyrick, Kelly, Adcock, Wilson, Hinton,
Hodges and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the
Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,396, described as:
AN ORDINANCE AUTHORIZING A SOLE SOURCE CONTRACT
BETWEEN THE CITY OF LITTLE ROCK AND PHILANDER SMITH
COLLEGE CDC TO CREATE A SMALL BUSINESS INCUBATOR FOR
WOMEN/MINORITY BUSINESS ENTERPRISES (W/MBE).
At the request of Director Adcock, Assistant City Manager William Hunter explained the
incubator program and how it relates to women and minority businesses in the
community. Director Adcock said she understood that Philander Smith does not have the
space for this project and asked if it could be one of the tenants of the Westside Project.
The Ordinance was then read the first time. There was a motion by Director Adcock,
seconded by Director Wilson, to suspend the rules and place the Ordinance on second
reading. The motion was unanimously adopted by the Board Members present, being
eleven in number and two- thirds or more of the members of the Board of Directors, and
the second reading of the Ordinance ensued. There was a subsequent motion and second
by Directors Adcock and Cazort, respectively, to again suspend the rules to provide for
the third and final reading of the Ordinance. The motion was unanimously adopted by
the Board Members present, being eleven in number and two- thirds or more of the
members of the Board of Directors, 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 Cazort, Keck, Joyce, Wyrick, Kelly, Adcock, Wilson,
Hinton, Hodges and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon,
the Ordinance was declared PASSED.
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February 4, 1997
Item 28 on the Agenda was a proposed Ordinance entitled: "AN
ORDINANCE APPROPRIATING FUNDS AND APPROVING THE CITY
MANAGER'S RECOMMENDATIONS FOR THE EMPLOYMENT TRAINING
PROGRAM." At the request of City Manager Charles Nickerson, the proposed
Ordinance was deferred to February 18, 1997.
The last matter to be considered was Resolution No. 9,916, with the title being:
A RESOLUTION OF INTENT TO ISSUE REVENUE BONDS TO PAY
FOR THE COST OF IMPROVEMENTS AT THE LITTLE ROCK ZOO;
DIRECTING THE ISSUANCE OF REQUESTS FOR QUALIFICATIONS TO
SELECT BOND COUNSEL AND UNDERWRITERS; AND FOR OTHER
PURPOSES.
Mr. Bill Bunten, Director of Parks and Recreation, made a slide presentation of the
proposed Zoo improvements. Following the reading of the Resolution, Director Adcock
moved for its adoption. The motion was seconded by Director Joyce and the Resolution
was unanimously adopted.
There being no further business to be presented, the Board of Directors recessed
at 10:45 o'clock P.M. to reconvene on Tuesday, February 11, 1997, at 4:00 o'clock P.M.
to consider the Benton water agreement and the Riverfest Amphitheatre contract.
ATTEST:
ello I' � &� C4�
City Clerk Robbie Hancock
12
APPROVED: 0
ayor Jim Dailey
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February 4, 1997
6 41_
water mains). There will be a two hour working session with Director Adcock and others
on February 19, 1997, for a complete explanation and to try to resolve this issue.
Director Adcock said she was very disappointed with the letter and will not vote for the
Benton Water Agreement until she sees a plan to provide water to these 200 families that
pay taxes in the City. Director Adcock then moved to request the Water Commission
to come back to the Board on March 18, 1997, with a specific plan of action and
recommendations of how to deal with the 200 households that are unserved by Little
Rock Municipal Water Works. The motion was seconded by Director Wyrick and
unanimously adopted. Director Wyrick requested a list of the Water Improvement
Districts that have not been paid off. In discussing the Benton Water Agreement, City
Attorney Tom Carpenter said there is an issue of what property the Water Works actually
owns and the proposed agreement will be modified. Director Kumpuris had questions of
Mr. Jim McKenzie, Executive Director of Metroplan, of the cost if this is done now or if
we don't do it now. Mr. McKenzie said a report was completed 1 -1/2 years ago. Mayor
Dailey asked that the Board set aside one or two hours at the next Agenda Meeting to
discuss this issue. Benton Mayor Mitch McDonald said he had been working with
Mayor Dailey for 20 months on the Water Agreement so another two months won't hurt.
In conclusion, it was decided to reconvene on Tuesday, February 11, 1997, to consider
the proposed Ordinance.
Consideration was then given to the Consent Agenda which consisted of the
following:
(2) The Comparative Statement Account of the Little Rock Municipal Water
Works for the month of December, 1996. (To be received and filed.)
(3) Resolution No. 9,905 entitled:
A RESOLUTION APPOINTING MR. CHARLES WILSON AS A
COMMISSIONER OF QUAPAW CENTRAL BUSINESS IMPROVEMENT
DISTRICT NO. S, REPLACING MR. JOSEPH B. FORD.
(4) A proposed Resolution titled: "A RESOLUTION AUTHORIZING
THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR
RIVERFEST AMPHITHEATRE IMPROVEMENTS" was deferred to the
February 11, 1997 reconvened meeting.
(5) Resolution No. 9,906, described as:
A RESOLUTION THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH JAMESON + ARCHITECTURE INNOVATIONS GROUP
FOR THE DESIGN PHASE OF THE REHABILITATION OF THE FORMER
R.E. LEE ELEMENTARY SCHOOL AS A MULTI - PURPOSE
NEIGHBORHOOD RESOURCE CENTER. (Located at 12th and Pine Streets.)
(6) Resolution No. 9,907, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH RUSSELL CHEVROLET FOR THE
PURCHASE OF THREE (3) 3/4 TON PICKUPS UNDER STATE CONTRACT
FOR GENERAL SERVICES AND PARKS AND RECREATION, PURSUANT TO
RESOLUTION NO. 8,557 (August 20,1991).
(7) Resolution No. 9,908, entitled;
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT TO ARKANSAS MUNICIPAL LEAGUE
FOR AUTOMOBILE INSURANCE FOR THE DEPARTMENT OF FLEET
SERVICES. (Not to exceed $286,700.67.)
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February 4, 1997
(8) Resolution No. 9,909, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF A
BACKHOE FOR THE PUBLIC WORKS DEPARTMENT. (Capital Ford New
Holland, Inc. - not to exceed $55,103)
(9) Resolution No. 9,910, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A ONE YEAR CONTRACT EXTENSION WITH THE DIVISION
OF ALCOHOL & DRUG ABUSE PREVENTION OF THE ARKANSAS
DEPARTMENT OF HEALTH IN AN AMOUNT NOT TO EXCEED $335,000
FOR ADULT RESIDENTIAL TREATMENT SERVICES IN 1997; AND FOR
OTHER PURPOSES.
(10) Resolution No. 9,911, with the title being:
A RESOLUTION OF INTENT TO ISSUE REVENUE BONDS TO PAY
FOR THE ACQUISITION OF A PARKING DECK AT SECOND AND MAIN
STREETS FOR THE USE AND BENEFIT OF THE LITTLE ROCK
CONVENTION AND VISITORS BUREAU AND THE STATEHOUSE
EXPANSION; TO ISSUE REQUEST FOR QUALIFICATIONS TO SELECT
BOND COUNSEL AND UNDERWRITERS; AND FOR OTHER PURPOSES.
(11) Resolution No. 9,912, described as:
A RESOLUTION TO AMEND RESOLUTION NO. 9,884 (January 7,
1997) TO PROVIDE FOR A CHANGE IN WORDING AT THE REQUEST OF
THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT.
(University Avenue - replace "Federal -Aid Surface Transportation funds" with "Federal -
Aid Attributable funds. ".)
(12) Resolution No. 9,913, entitled:
A RESOLUTION TO AMEND RESOLUTION NO. 9,885 (January 7,
1997) TO PROVIDE FOR A CHANGE IN WORDING AT THE REQUEST OF
THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT.
(Chicot Road sidewalks - replace "Federal -Aid Surface Transportation funds" with
"Federal -Aid Attributable funds.')
(13) Resolution No. 9,914, with the title being:
A RESOLUTION TO AMEND RESOLUTION NO. 9,886 (January 7,
1997) TO PROVIDE FOR A CHANGE IN WORDING AT THE REQUEST OF
THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT.
(Rodney Parham Road - replace "Federal -Aid Surface Transportation funds" with
"Federal -Aid Attributable funds.')
(14) Resolution No. 9,915, described as:
A RESOLUTION TO AMEND RESOLUTION NO. 9,887 (January 7,
1997) TO PROVIDE FOR A CHANGE IN WORDING AT THE REQUEST OF
THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT.
(Napa Valley Drive - replace "Federal -Aid Surface Transportation funds" with "Federal -
Aid Attributable funds.')
Adcock
Upon a motion by Director, /which was seconded by Director Wyrick, and unanimously
adopted by the Board of Directors, the Consent Agenda was dispensed with as follows:
(2) The Comparative Statement Account of the Little Rock Municipal Water Works was
received and filed; and (3, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14) Resolutions No. 9,905,
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February 4, 1997
646
9,906, 9,907, 9,908, 9,909, 9,910, 9,911, 9,912, 9,913, and 9,914 were read and
unanimously adopted. (Note: Item 4 re: Riverfest Amphitheatre was deferred to
February 11, 1997.)
Mayor Dailey read a proclamation which proclaimed February 13, 1997 as
Sterling Cockrill Day. Mr. Cockrill is retiring after 17 years as Executive Director of
Metrocentre Improvement District No. 1.
At the time allotted for Citizen Communications, the first speaker was Ms.
Kathleen Oleson, representing the League of Women Voters of Pulaski County. Ms.
Oleson commended the Board for the process used in the 1997 Budget and also
applauded the Board for its adoption of a Code of Ethics and for considering campaign
financing proposals.
The next speaker was Mr. James Johnson, 1700 East Second Street, president of
Little Rock Fraternal Order of Police (FOP) Lodge 17. He said the FOP hoped the Board
of Directors would wait until the conclusion of the public hearings on the Citizen Review
Board before seeking legislation to establish the Citizen Review Board. The FOP
opposes the formation of a Citizen Review Board, but pledges to work with the Board
and the public towards finding ways to improve interaction between the police and the
public.
Mr. Charles Austin, 2215 Peyton Street, was the next speaker under Citizen
Communications. Mr. Austin said he had filed a complaint with the Board of Directors
(see page 2 of Minutes of January 7, 1997) and he did receive a memorandum from the
Chief of Police. He said the Police Chief put the burden of proof on him, when all the
Chief had to do was question Mr. Austin's neighbors.
(Director Kumpuris was excused at 7:35 P.M. before discussion of Items 15,
16 and 17 related to the two Bella Rosa zoning appeals, due to a conflict of interest.)
Item 15 on the Agenda was a proposed Ordinance entitled:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) BY
ADOPTION OF TEXT TO ACCOMPANY LAND USE PLAN MAP AND
DEFINITIONS; AND FOR OTHER PURPOSES.
(See Ordinance No. 17,386 on page 7.)
Mr. Jim Lawson, Director of Planning and Development, explained that in May, 1996,
the Planning Commission approved a list of uniform definitions for all of the Land Use
Plans. The list of definitions was sent to the Board of Directors in June, 1996 and there
was some concern about the definition of transition zone. The Planning Commission has
done a review of the definitions. Mr. Hugh Ernest, a member of the Little Rock
Planning Commission, read Planning Commission Resolution No. 112, which stated that
the Planning Commission had recommended denial of the request for a zoning change to
allow a warehouse use, which by zoning ordinance definition includes mini- storage, in
the vicinity of Highway 10 and Bella Rosa Road. The Planning Commission, by a
unanimous vote of its members present at the called meeting on January 29, 1997, has
amended the definition of Transition to be consistent with the intent expressed in the
resolution as follows: "Transition is a land use plan designation which provides for an
orderly transition between residential uses and other more intense uses. Transition was
established to deal with areas which contain zoned residential uses and nonconforming
nonresidential uses. A Planned Zoning District is required unless the application
conforms with the Design Overlay District standards. Uses which may be considered are
low density multifamily residential and office uses if the proposals are compatible with
quality of life in nearby residential areas." In Section 2 of the Resolution, the Planning
Commission requested that the Board of Directors support the original premise of the
Highway 10 Land Use Plan by affirming the denial of the Bella Rosa rezoning request.
Mr. David Jones of Vogel -Jones Realty pointed out that Highway 10 gets inconsistent
selective treatment on a regular basis. He said the point he wanted to make was that on
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February 4, 1997
January 9, 1997, staff recommended that in effect a mini - warehouse on Kanis Road
within the transition zone is an appropriate use. Mr. Jones stated for the record that there
has been no public notification of additional property owners in the area and that staff
completely ignores the fact that there is a transition zone on Kanis Road. Mayor Dailey
asked City Attorney Tom Carpenter if the Board needs to act on the Planning
Commission Resolution 112. Mr. Carpenter replied "Yes, but not tonight." In response
to a question by Director Keck, Mr. Lawson stated that this definition is part of Item 15
and that the list of definitions was mailed out twice to developers. The only response
received was from Mr. David Jones, Mr. Maury Mitchell and Mr. Tom Cole, who are
involved in the Bella Rose proposal. Since the Board sent this back to the Planning
Commission, there was a special called meeting of the Planning Commission last week.
It had already been reviewed by the Plans Committee. Director Adcock was concerned
that the Board had assured Mr. David Jones that the transition zone definition would not
affect his Bella Rosa issue, yet it was being discussed before the Bella Rosa items.
Whereupon, the Ordinance was read the first time and left on the calendar for second
reading on February 18, 1997.
At 7:50 o'clock Mayor Dailey declared a ten minute recess. The Board
reconvened at 8:00 o'clock P.M. with Mayor Dailey presiding and nine Directors present.
(Director Kumpuris was absent.)
At the request of Director Wyrick, consideration was then given to Item 23 which
was Ordinance No. 17,385, with the title being:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF BOUNDARY STREET IN -LIEU CONTRIBUTION FOR
OTTER CREEK ASSEMBLY OF GOD CHURCH (Z- 3987 -B) LOCATED AT 9415
STAGECOACH ROAD;
and the Ordinance was read the first time. There was a motion by Director Keck
seconded by Director Cazort, to suspend the rules and place the Ordinance on second
reading. The motion was unanimously adopted by Board Members present, being ten in
number and two- thirds or more of the members of the Board of Directors, and the second
reading of the Ordinance ensued. There was a subsequent motion and second by
Directors Keck and Cazort, respectively, to again suspend the rules to provide for the
third and final reading of the Ordinance. 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, 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 Cazort, Keck, Joyce, Wyrick, Kelly, Adcock, Wilson, Hinton,
Hodges and Mayor Dailey - total 10; Noes - None; Absent - Director Kumpuris - total 1.
Whereupon, the Ordinance was declared PASSED.
The next presentation was Item 16, which was a proposed Ordinance entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT
AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED BELLA ROSA
PARTNERSHIP LONG -FORM POD (Z -6219) 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, LOCATED AT
THE SOUTHWEST CORNER OF HIGHWAY 10 AND BELLA ROSA ROAD.
(NOTE: This was an appeal filed by Pat McGetrick on behalf of Vogel Jones. The
public hearing was held on January 21, 1997 and the Ordinance was read the first time
and left on the calendar for second reading on February 4, 1997. See pages 3 and 4 of
the Minutes of January 21, 1997.) Mr. Jim Lawson, Director of Planning and
Development, made a slide presentation of the Bella Rosa POD request. He stated that
Bella Rosa does not conform to the POD Zoning Ordinance, and read from Section 36-
452 of the Zoning Code. Planned Unit Developments are supposed to be very specific.
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February 4, 1997
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In response to a question by Director Keck, Mr. Lawson said Staff told them all along
that this does not work - there is not enough office. He pointed out that the Planning
Commission recommended a change of the transition definition in May, 1996, and in
June, 1996, the Board of Directors sent it back to the Planning Commission. The Bella
Rosa case was filed in October, 1996, so the applicant was aware that the change had
been proposed. The Bella Rosa case does not conform to the Highway 10 Plan. Mr.
David Jones of Vogel Jones Realty stated that the applicant Warren Stephenson filed the
application as a POD at the suggestion of staff. He said that Mr. Lawson is not
presenting the information in a factual way. This application meets every requirement of
the Land Use Plan. We attempted to try to meet with all of the property owner
associations in the area and Mr. Gene Pfeifer, but Mr. Pfeifer refused to meet.
Opposition to the Bella Rosa POD was presented by Mr. Gene Pfeifer, Ms. Ethel
Ambrose (Coalition of Little Rock Neighborhoods), Mrs. Ruth Bell (League of Women
Voters of Pulaski County), Ms. Dottie Funk (Pleasant Valley /Longlea area); Mr. Don
Iddings (Westbury Neighborhood Association); Dr. Jerry Thomas (residents on Bella
Rosa); Rev. Lawrence Braggs (Thomas Park Circle and Trumpet of Zion Ministries);
Mr. Monty Hobbs (developer of Tara Bella Subdivision); Ms. Alicia Driscol (read letter
from Barbara Dougless of the Pankey Community); Mr. David Davila (the Ranch
residential area); and Mr. Chris Parker (attorney for the National Home Center). Mrs.
Ambrose said the Coalition has advocated for planned growth and the proposed Bella
Rosa POD would destroy the integrity of the scenic corridor. Mrs. Bell urged the Board
to vote it down or remand it back to the Planning Commission. During Board discussion,
City Attorney Tom Carpenter stated that warehousing or mini - warehousing is an
appropriate "C -4" commercial use. What the POD talks about is some commercial use.
The question for the Board is - is this the appropriate commercial use that enhances the
office development in the Planned Office Development? Mr. Lawson responded at
length to a number of questions by Director Hodges. Director Hodges particularly
questioned Mr. Lawson about his comment quoted in the newspaper that if this POD is
approved, then Highway 10 is history. Mr. Lawson stated that Highway 10 has been a
fight for many, many years. It is a very restrictive plan - it is all or none. Responding to
a question by Director Adcock, Mr. Lawson stated that Staff had requested additional
information a number of times, but still did not know exactly what was proposed for this
site. City Attorney Tom Carpenter read the definitions of mini - warehouse and warehouse
as stated in the Zoning Code. Mr. Gene Pfeifer noted that the Coalition of Little Rock
Neighborhoods was represented and was supportive of the Highway 10 Plan. In closing
comments, Mr. Jones read items 1 through 6 listed under Planned Zoning District Section
36 -452 (2) Office Districts (a) purpose and intent, again stating that the POD conforms
with the Land Use Plan and requested a positive vote. Mr. Ed Willis, representing
Financial Center Corporation, developer of The Ranch, said he did not have a particular
position on this issue, but that it is an economic issue. As long as we have transition zone
land that can be bought for less than already zoned land, then that is where development
activity will occur. Mr. Carpenter again reminded the Board that the land use question
before the Board is whether this planned development is appropriate in this area. The
Ordinance was then read the second time, with the first reading having occurred on
January 21, 1997. There was a motion and second by Directors Joyce and Keck,
respectively, to 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, 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 Cazort, Keck, and Adcock - total 3; Noes - Directors Joyce, Wyrick,
Kelly, Wilson, Hinton, Hodges, and Mayor Dailey - total 7; Absent - Director Kumpuris -
total 1. Whereupon, Mayor Dailey announced that the Ordinance had FAILED.
Item 17 on the Agenda was a proposed Resolution titled: "A RESOLUTION
RESCINDING THE LITTLE ROCK PLANNING COMMISSION'S ACTION IN
DENYING A REQUEST BY BELLA ROSA PARTNERSHIP FOR A
PRELIMINARY PLAT FOR 7.5 ACRES LOCATED AT THE SOUTHWEST
CORNER OF HIGHWAY 10 AND BELLA ROSA ROAD." Mr. Pat McGetrick had
filed an appeal of the Planning Commissions denial of the Preliminary Plat on behalf of
In
Minutes
February 4, 1997
Vogel Jones, and the public hearing on the appeal was held on January 21, 1997.
However, the proposed Resolution was deferred to February 4, 1997, in conjunction with
the second reading of the Bella Rosa POD Ordinance above. Due to the failure of the
Bella Rosa POD Ordinance (Z- 6219), this issue was moot and no action was taken
on the proposed Resolution.
Director Cazort then moved to reconsider Item 15 which was the Ordinance to
amend the City Land Use Plan by adoption of text to accompany the Land Use Plan Map
and Definitions (re: Transition Zone), and to suspend the rules to provide for the second
reading of the Ordinance (seepage 4). The motion was seconded by Director Keck, 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. Therefore, Ordinance No. 17,386 was
presented, with the title being:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) BY
ADOPTION OF TEXT TO ACCOMPANY LAND USE PLAN MAP AND
DEFINITIONS; AND FOR OTHER PURPOSES;
(Includes Transition Zone Definition.)
and the second reading of the Ordinance ensued. There was a subsequent motion and
second by Directors Cazort 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, 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 Cazort, Keck, Joyce, Wyrick, Kelly, Adcock, Wilson, Hinton,
Hodges, and Mayor Dailey - total 10; Noes - None; Absent - Director Kumpuris - total 1.
Therefore, the Ordinance was declared PASSED.
Director Keck asked the City Attorney to get with Staff to provide the Board
of Directors with a description of the appeal process, and why we are doing them
several different ways.
(Director Kumpuris re- enrolled at 9:40 o'clock P.M.)
Ordinance No. 17,387 was introduced, with title being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT
AND ESTABLISHING A PLANNED RESIDENTIAL DISTRICT TITLED
WOODLAKE VILLAGE APARTMENTS LONG -FORM PRD (Z- 2729 -G)
LOCATED AT 1300 LEANDER STREET IN THE CITY OF LITTLE ROCK,
ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF
THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES;
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 Board Members present, being eleven
in number and two- thirds or more of the members of the Board of Directors, and the
second reading of the Ordinance ensued. There was a subsequent motion and second by
Directors Adcock and Wilson, respectively, to again suspend the rules to provide for the
third and final reading of the Ordinance. The motion was unanimously adopted by the
Board Members present, being eleven in number and two- thirds or more of the members
of the Board of Directors, 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 Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock,
Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
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February 4, 1997
547
Consideration was given to Ordinance No. 17,388, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF BOUNDARY STREET REQUIREMENTS FOR
WOODLAKE VILLAGE (Z- 2729 -G) LOCATED AT 1300 LEANDER ROAD;
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 Board Members present, being eleven
in number and two- thirds or more of the members of the Board of Directors, and the
second reading of the Ordinance ensued. There was a subsequent motion and second by
Directors Adcock and Wilson, respectively, to again suspend the rules to provide for the
third and final reading of the Ordinance. The motion was unanimously adopted by the
Board Members present, being eleven in number and two- thirds or more of the members
of the Board of Directors, 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 Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock,
Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
Ordinance No. 17,389, was introduced entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF BOUNDARY STREET REQUIREMENTS FOR SMITH
DAYCARE (Z -6233) LOCATED AT 1500 SOUTH PEYTON STREET;
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 Board Members present, being eleven
in number and two- thirds or more of the members of the Board of Directors, and the
second reading of the Ordinance ensued. There was a subsequent motion and second by
Directors Adcock and Wilson, respectively, to again suspend the rules to provide for the
third and final reading of the Ordinance. The motion was unanimously adopted by the
Board Members present, being eleven in number and two- thirds or more of the members
of the Board of Directors, 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 Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock,
Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,390, with the title being:
A 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 PINNACLE
POINT SUBDIVISION (S -1123) LOCATED SOUTH OF FINANCIAL CENTRE
PARKWAY AND EAST OF AUTUMN ROAD;
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 Board Members present, being eleven
in number and two - thirds or more of the members of the Board of Directors, and the
second reading of the Ordinance ensued. There was a subsequent motion and second by
Directors Adcock and Wilson, respectively, to again suspend the rules to provide for the
third and final reading of the Ordinance. The motion was unanimously adopted by the
Board Members present, being eleven in number and two- thirds or more of the members
of the Board of Directors, 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
0
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February 4, 1997
follows: Ayes - Directors Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock,
Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,391, 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 OF MASTER STREET PLAN REQUIREMENTS FOR TIPTON
AND HURST (Z- 922 -A) LOCATED AT 1801 NORTH GRANT STREET;
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 Board Members present, being eleven
in number and two- thirds or more of the members of the Board of Directors, and the
second reading of the Ordinance ensued. There was a subsequent motion and second by
Directors Adcock and Wilson, respectively, to again suspend the rules to provide for the
third and final reading of the Ordinance. The motion was unanimously adopted by the
Board Members present, being eleven in number and two- thirds or more of the members
of the Board of Directors, 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 Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock,
Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
Ordinance No. 17,392 was introduced, described as:
AN ORDINANCE TO APPROVE A CONTRACT BETWEEN THE
GREATER LITTLE ROCK CHAMBER OF COMMERCE AND THE CITY OF
LITTLE ROCK FOR THE PAINT YOUR HEART OUT PROGRAM WITH THE
CITY; TO WAIVE COMPETITIVE BIDDING 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 Board Members present, being eleven
in number and two- thirds or more of the members of the Board of Directors, and the
second reading of the Ordinance ensued. There was a subsequent motion and second by
Directors Adcock and Wilson, respectively, to again suspend the rules to provide for the
third and final reading of the Ordinance. The motion was unanimously adopted by the
Board Members present, being eleven in number and two- thirds or more of the members
of the Board of Directors, 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 Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock,
Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,393, with the title being:
AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF
COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH NEW FUTURES FOR YOUTH, INC. FOR
TECHNICAL ASSISTANCE FOR YOUTH RELATED ISSUES AND
CONTRACTORS; AND FOR OTHER PURPOSES; (Not to exceed $200, 000.)
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 Board Members present, being eleven
in number and two- thirds or more of the members of the Board of Directors, and the
second reading of the Ordinance ensued. There was a subsequent motion and second by
Directors Adcock and Wilson, respectively, to again suspend the rules to provide for the
third and final reading of the Ordinance. The motion was unanimously adopted by the
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