HomeMy WebLinkAbout06-07-94Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
June 7, 1994 - 6:00 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
in attendance: Directors Roy, Sharp, Lewellen, Mason, Adcock,
Hendrix, Scheibner, Keck and Joyce - total 9; Absent Director
Priest - total 1.
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 Roy, followed by the
Pledge of Allegiance.
The Consent Agenda was the first presentation, which
consisted of the following:
(a) Approval of the Minutes of the Board of Directors
reconvened meeting held March 30, 1994.
(b) The Comparative Statement of Income Account of the
Little Rock Municipal Water Works for the month of April, 1994.
(c) Resolution No. 9,168 entitled:
A RESOLUTION DESIGNATING THE LITTLE ROCK SANITARY SEWER
COMMITTEE AS THE REPRESENTATIVE OF THE CITY OF LITTLE ROCK TO
- EXPRESS THE INTENT FOR REIMBURSEMENT FOR CERTAIN COSTS PAID FROM
BOND PROCEEDS RELATING TO THE CITY OF LITTLE ROCK SEWER SYSTEM
UNDER U.S. TREASURY REGULATION NO. 1.150 -2 FOR REIMBURSEMENT
RELATING TO THE SEWER SYSTEM.
(d) Resolution No. 9,169, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH EDC /PICKERING FIRM FOR PLANNING AND CONCEPTUAL
DESIGN OF SUPPORT FACILITIES FOR RIVERFRONT AMPHITHEATER.
($37,000)
(e) Resolution No. 9,170, with the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH TRI -STAR CONSTRUCTION COMPANY FOR REHABILITATION
AND DEVELOPMENT OF SOCCER FIELDS AT HENDERSON JUNIOR HIGH SCHOOL.
($106,000)
By a motion made by Director Adcock, seconded by Director Mason,
and unanimously adopted by the Board Members present, the Consent
Agenda was disposed of as follows: (a) The Minutes of the
reconvened meeting held March 30, 1994, were approved as written
and distributed to the Board of Directors; (b) the Comparative
Statement of Income Account of the Little Rock Municipal Water
Works for the month of April, 1994, was received and filed; and
(c, d and e) Resolutions No. 9,168, 9,169 and 9,170 were read and
full and unanimously adopted.
At the time allotted for Citizen Communications, the first
speaker was Mr. Bennie Johnson, 6200 Asher, #109. He thanked
parents for picking up students at Central High School on the
last day of school. As a result, there were no fights among the
students for the f irst time in 8 years. Mr. Johnson said he is
1
645
AM,
Minutes
June 7, 1994
tired of black on black crime and would like to get his "Stop the
Violence" program in the City recreation centers and asked the
Board of Directors to work with him.
The next speaker was Rev. Ed Roupe, 6812 Pontiac, North
Little Rock, AR, who asked the Board of Directors to adopt a
Resolution endorsing his idea to fight crime by using the Osborne
Project. With Jennings Osborne as leader, citizens could join
together as a community to decorate the outside of their homes
and make a cash donation of $20.00. The funds would be donated
to Little Rock and North Little Rock police chiefs (50% each) to
be used to recruit, hire, train, outfit, motivate and supervise a
street cop force that would be second to none in the nation.
Enough money could be collected in 1994 to fund two policemen
each in Little Rock and North Little Rock. Mayor Dailey said he
would be happy to meet with Rev. Roupe to discuss the idea, and
Director Lewellen asked Rev. Roupe to put the idea of the Osborne
Project in writing for the Board of Directors.
Mr. Robert "Say" McIntosh addressed the Board of Directors
on the subject of the KKK and black on black crime. He said he
was not against the KKK. They are good boys now, keeping our
highways clean. Mr. McIntosh wants black people to focus on
black on black crime.
(Director Priest enrolled at 6:18 o'clock P.M.)
Mr. Paul Blair, #3 Huntington Road, spoke on the subject of
a community swim program. He is swimming coach at Little Rock
Racquet Club and was part of the group asked to present
information to FUTURE Little Rock. One recommendation was a
community wide swimming program. He gave Board members copies of
a letter in which he outlined his proposal for the youth oriented
program which would involve the Little Rock School District and
the Little Rock Parks & Recreation Department. Mayor Dailey
asked City Manager Charles Nickerson to have the Parks &
Recreation staff to review Mr. Blair's proposal and report back
to the Board of Directors.
Mr. Lamar Kinchen, 1800 S. Broadway, said he wanted to
address the Board of Directors on two situations. (1) He had
attempted to create something for young people and spoke with
Mayor Dailey briefly about it. (Mr. Kinchen did not explain his
proposal.) He didn't know what had happened, but he is not
getting any bids, or the City is not getting the bids out to him
for those projects on lots and things so he is stuck with a
monetary loss on equipment and insurance. Mayor Dailey asked
City Manager Charles Nickerson to get with Mr. Kinchen to help
facilitate the things he is working on that deal with cleaning up
weed lots and other things in the community. (2) Mr. Kinchen
expressed concern about some things that are happening that are
setting a dangerous precedent. He referred to a shooting
incident that happened on the grounds of Paris Towers Apartments
at 18th and Broadway. He said the man was mentally unbalanced
and on medication, and there should not have been any shooting.
Mr. Kinchen said the situation was not handled properly by the
Police Officer and the Board needs to look into the incident.
Mr. Udell Kinchen, Paris Towers, 18th & Broadway, said he is
a diabetic and on medication and would hate to think if he got
off his medication and run into a policeman, he would get shot
just because he did not obey the policeman's orders.
Mr. Kyle Wolf, 441 Kaywood Drive, addressed the Board of
Directors regarding Local 994 contract negotiations. He is the
chief negotiator for the American Federation of State, County,
and Municipal Employees (AFSCME) Local 994, which represents the
non - uniform City employees. Step increases remain a stumbling
block in contract negotiations. When the last contract was
signed, the Union reluctantly agreed to give up the step raises,
2
,T .
Minutes
June 7, 1994
647
and found out later that police and fire unions did not. He
asked the Board of Directors to correct this inequity and
reinstate the step increases.
The last speaker under Citizen Communications was Mr. Joseph
Cole, 101 Ridgeway, who spoke on the subject of the curfew and
asked the Board of Directors to extend the hours of the curfew
from 10:00 P.M. to 12:00 P.M. on weekdays for summer vacation
since students don't have to go to school the next day. He
concluded with the question: "How are you going to find out if
the curfew is working, if you can't trust the statistics, as
stated by Mr. Carpenter and Mayor Dailey in the panel discussion
last night ?"
A public hearing had been scheduled for this time and place
by a motion adopted May 11, 1994, on Zoning Appeal Z- 4103 -C filed
by Mrs. Jody L. Williams, appealing the Planning Commission's
approval of a Conditional Use Permit for an office,
showroom /warehouse at 1400 South Garfield Drive for United
Wholesale Florist, Inc. Mayor Dailey declared the public hearing
open. Mrs. Jody Williams spoke in opposition to the Conditional
Use Permit, stating the use is too intense for a residential
neighborhood. This site is part of a 13 acre tract that was
rezoned from 11R -2" Single- family to 110 -3" General Office District
in 1988. The Bills of Assurance say only single family dwellings
will be built on those lots and they have not been amended and
the plat has not been amended. The roads are not capable of
handling trucks. She showed a video of the neighborhood and read
two letters from residents that support her appeal and oppose the
Conditional Use Permit (Shirley and Leo Miller - 1723 Garfield,
and John Warren - 1508 Charlotte) . Mrs. Williams concluded her
appeal by asking the Board of Directors to consider her concerns
when voting. Mr. Joe White, representing United Wholesale
Florist and Rector Phillips Morse Realtors, stated the property
has been zoned office since 1988 and this is the first
development to be considered for the property. In 1988 the
Planning Commission approved a cul -de -sac at the south end of
Garfield to keep traffic from penetrating the residential area.
The cul -de -sac will be part of the development. Mr. Jim
Williams, architect, explained the style of the building. In
response to a question by Director Joyce, Mr. Williams stated
deliveries are made by semi - trucks from a small trucking firm
three times a week between 6:00 P.M. and 9:00 P.M. Mr. Pete
Hornibrook of Rector Phillips Morse emphasized this is not an
industrial facility. Mr. Jim Lawson, Director of Neighborhoods
and Planning, responded to questions by the Board regarding
traffic and the cul -de -sac. Following the lengthy discussion,
Mayor Dailey declared the public hearing closed. There was no
motion to consider the proposed Resolution; therefore, the
Resolution titled: "A RESOLUTION RESCINDING THE LITTLE ROCK
PLANNING COMMISSION'S ACTION IN APPROVING A CONDITIONAL USE
PERMIT FOR AN OFFICE, SHOWROOM /WAREHOUSE TO BE LOCATED IN THE
1400 BLOCK OF SOUTH GARFIELD DRIVE (Z- 4103 -C)" was not presented
and the Planning Commission's action stands.
(Director Priest was excused at 7:20 o'clock P.M.)
Consideration was then given to Zoning Application Z- 4343 -G,
filed by Ranch Properties, Inc. to rezone 14.5 acres located at
6500 Patrick Country Road, approximately 1120 feet north of
Highway 10, from 11R -2" Single - family and 'IMF-1211 Multi- family
Districts to "MF -18" Multi- family District. The application was
approved by the Planning Commission on May 17, 1994. No one
present spoke in opposition to the reclassification, and
Ordinance No. 16,680 was presented, described as:
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;
3
•
1 t •
Minutes
June 7, 1994
(Z- 4343 -G - To rezone 6500 Patrick Country Road from "R -2"
Single- family and 'IMF-1211 Multi- family Districts to 'IMF-1811
Multi- family District.)
and the Ordinance was read the first time. There was a motion by
Director Roy, 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 by Director Sharp to again 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 ten in number and two - thirds
or more of the members of the Board of Directors- elect. After
the third and last reading of the Ordinance, a roll call vote was
taken on passage of the Ordinance with the results recorded as
follows: Ayes - Directors Keck, Joyce, Roy, Sharp, Lewellen,
Mason, Mayor Dailey, Directors Adcock, Hendrix and Scheibner -
total 10; Noes - None; Absent - Director Priest - total 1.
Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 16,681, with the
title being:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE I -630
DISTRICT, CHANGING AN AREA FROM INDUSTRIAL TO MIXED USE, ALONG
THE EAST SIDE OF WOODROW NORTH OF 16TH STREET; AND FOR OTHER
MATTERS;
and the Ordinance was read the first time. There was a motion by
Director Roy, 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 by Director Sharp to again 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 ten in number and two - thirds
or more of the members of the Board of Directors - elect. After
the third and last reading of the Ordinance, a roll call vote was
taken on passage of the Ordinance with the results recorded as
follows: Ayes - Directors Keck, Joyce, Roy, Sharp, Lewellen,
Mason, Mayor Dailey, Directors Adcock, Hendrix and Scheibner -
total 10; Noes - None; Absent - Director Priest - total 1.
Whereupon, the Ordinance was declared PASSED.
Introduced next was Zoning Application Z -5484, filed by
Arthur Gamble on behalf of New Direction Baptist Church, to
rezone 2815 West 15th Street from "I -2" Light Industrial District
to 110-3" General Office District. The application was approved
by the Planning Commission on May 3, 1994. No one was present to
speak in opposition to the reclassification, and Ordinance No.
16,682 was introduced, 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;
(2- 5484 -A - To rezone 2815 West 15th Street (Lot 6, Block 10,
Worthen and Browns Addition] from 11I -2" Light Industrial District
to 110-3" General Office District.)
and the Ordinance was read the first time. There was a motion by
Director Roy, 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
4
Minutes
June 7, 1994
649`
Directors - elect, and the second reading of the Ordinance ensued.
There was a subsequent motion by Director Sharp to again 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 ten in number and two - thirds
or more of the members of the Board of Directors - elect. After
the third and last reading of the Ordinance, a roll call vote was
taken on passage of the Ordinance with the results recorded as
follows: Ayes - Directors Keck, Joyce, Roy, Sharp, Lewellen,
Mason, Mayor Dailey, Directors Adcock, Hendrix and Scheibner -
total 10; Noes - None; Absent - Director Priest - total 1.
Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 16,683, with
the title being:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE 65TH
WEST DISTRICT, CHANGING AN AREA FROM MULTIFAMILY TO LIGHT
INDUSTRIAL, EAST OF SHACKLEFORD AND SOUTH OF COLONEL GLENN ROAD;
AND FOR OTHER MATTERS;
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading by a motion
and second made by Directors Lewellen and Keck, respectively.
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 made by Director Lewellen
and seconded by Director Roy, 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 there was a third and last reading of the
Ordinance. A roll call vote was then taken on the question,
Shall the Ordinance Pass, with the results recorded as follows:
Ayes - Directors Keck, Joyce, Roy, Sharp, Lewellen, Mason, Mayor
Dailey, Directors Adcock, Hendrix and Scheibner - total 10; Noes
- None; Absent - Director Priest - total 1. Therefore, Mayor
Dailey declared the Ordinance PASSED.
The next presentation was Zoning Application 2-5810, filed
by Atley G. Davis, to rezone 30 acres on South Shackleford Road
from "R -2" Single- family District to "I -1" Industrial Park and
"OS" Open Space Districts. The application was approved by the
Planning Commission on May 17, 1994. No opposition to the
reclassification was presented and Ordinance No. 16,684 was
introduced, described as:
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;
(2-5810 - To rezone 30 acres on South Shackleford Road from "R -2"
Single- family District to "I -1" Industrial Park and "OS" Open
Space Districts.)
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading by a motion
and second made by Directors Lewellen and Keck, respectively.
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 made by Director Lewellen
and seconded by Director Roy, 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 there was a third and last reading of the
Ordinance. A roll call vote was then taken on the question,
5
650
Minutes
June 7, 1994
Shall the Ordinance Pass, with the results recorded as follows:
Ayes - Directors Keck, Joyce, Roy, Sharp, Lewellen, Mason, Mayor
Dailey, Directors Adcock, Hendrix and Scheibner - total 10; Noes
- None; Absent - Director Priest - total 1. Therefore, Mayor
Dailey declared the Ordinance PASSED.
Introduced next was Ordinance No. 16,685, entitled:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE RODNEY
PARHAM DISTRICT, CHANGING AN AREA FROM SINGLE FAMILY TO
MULTIFAMILY, EITHER SIDE OF SANFORD SOUTH OF OLD FORGE ROAD; AND
FOR OTHER MATTERS;
and there was a first reading of the Ordinance. Director Adcock
moved the rules be suspended and the Ordinance be placed on
second reading. Director Roy seconded the motion which 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 made by Director Adcock, and
seconded by Director Hendrix, 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 there was a third and last reading of the
Ordinance. A roll call vote was then taken on passage of the
Ordinance, which is recorded as follows: Ayes - Directors Keck,
Joyce, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors
Adcock, Hendrix and Scheibner - total 10; Noes - None; Absent -
Director Priest - total 1. Therefore, Mayor Dailey declared the
Ordinance PASSED.
Zoning Application Z -5826 was the next matter to be
presented. The application was filed by John and Ann Hatley on
behalf of themselves, Kenneth & Brenda Garner, and William & Kay
Allen to rezone 1700, 1705 and 2007 Sanford Drive from "R -2"
Single - family District to "R -5" Urban Residence District. The
Planning Commission approved the application on May 17, 1994. No
opposition to the reclassification was presented. Consideration
was then given to Ordinance No. 16,686, described as:
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 -5826 - To rezone 1700, 1705 and 2007 Sanford Drive from "R -2"
Single- family District to "R -5" Urban Residence District.)
and there was a first reading of the Ordinance. Director Adcock
moved the rules be suspended and the Ordinance be placed on
second reading. Director Roy seconded the motion which 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 made by Director Adcock, and
seconded by Director Hendrix, 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 there was a third and last reading of the
Ordinance. A roll call vote was then taken on passage of the
Ordinance, which is recorded as follows: Ayes - Directors Keck,
Joyce, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors
Adcock, Hendrix and Scheibner - total 10; Noes - None; Absent -
Director Priest - total 1. Therefore, Mayor Dailey declared the
Ordinance PASSED.
0
IT , ,
Minutes
June 7. 1994
Ordinance No. 16,687 was the next matter to be considered,
with the title being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED OFFICE DEVELOPMENT TITLED MARCIE HEIEN
SHORT -FORM POD (Z- 2058 -B), AND LOCATED AT THE SOUTHEAST CORNER OF
"T" AND WATT STREETS 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 there was a first reading of the Ordinance. Director Adcock
moved the rules be suspended and the Ordinance be placed on
second reading. Director Roy seconded the motion which 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 made by Director Adcock, seconded
by Director Hendrix, 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 there was a third and last reading of the Ordinance.
A roll call vote was then taken on passage of the Ordinance,
which is recorded as follows: Ayes - Directors Keck, Joyce, Roy,
Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix
and Scheibner - total 10; Noes - None; Absent - Director Priest -
total 1. Therefore, Mayor Dailey declared the Ordinance PASSED.
The next matter to be considered was Zoning Application
Z -5827 filed by R. Wingfield Martin, agent for Charles Ray
Thomas, to rezone 6.62 acres on Frazier Pike east of Riddick
Street from "R -2" Single - family District to 11I -2" Light
Industrial District. The application was approved by the
Planning Commission on May 17, 1994. Mrs. Wilma Walker,
President of the Progressive League in College Station, was
present to speak on the issue. She said she was not opposed to
the reclassification, but asked "What is I -2 Light Industrial ?"
City Attorney Tom Carpenter read the list of permitted uses in
I -2 classification. Mr. Wingfield Martin said this rezoning
represents speculative zoning, and there is no specific use at
this time. The subdivision which abuts the property on the east
is a "paper subdivision" and has never been developed. Mrs.
Walker said she would like for the residents to know what is
going on. Directors Hendrix and Adcock suggested that the
application be deferred until the neighborhood has been notified.
The proposed Ordinance was then introduced, with the following
caption:
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 -5827 - To rezone 6.62 acres on Frazier Pike east of Riddick
Street from "R -2" Single - family District to "I -2" Light
Industrial District.)
and the Ordinance was read the first time. In accordance with
the discussion above, the Ordinance was left on the calendar for
second reading on June 21, 1994.
(Director Sharp was excused at 7:40 o'clock P.M.)
The next presentation was Ordinance No. 16,688, entitled:
AN ORDINANCE APPROVING MODIFICATIONS TO A PLANNED UNIT
DEVELOPMENT AND PROVIDING FOR THE MAINTENANCE OF A PLANNED
RESIDENTIAL DISTRICT ENTITLED ANDOVER SQUARE, PHASE V AMENDED
SHORT -FORM PRD (Z- 2904 -C), AND LOCATED BEYOND THE SOUTH END OF
ANDOVER COURT, LYING ALONG THE EAST PROPERTY LINE OF ANDOVER
7
651'
r� �
652
Minutes
June 7, 1994
SQUARE TOWNHOMES, IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING
ORDINANCE NO. 13,433 AND CHAPTER 36, SECTION 36 -176 OF THE CODE
OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES;
(Z- 2904 -C - Andover Square Phase V Amended Short -form PRD,
located beyond the south end of Andover Court, along the east
boundary of Andover Square Townhomes.)
In response to a question by Director Adcock, Mr. Jim Lawson,
Director of Neighborhoods and Planning, stated there are some
drainage issues in the area, but this development will not add to
the drainage problem. The Ordinance was then read the first
time. There was a motion bar Director Lewellen, seconded by
Director Scheibner, 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
Ordinance was read the second time. The rules were again
suspended and the Ordinance placed on third and final reading by
a motion and second made by Directors Scheibner and Lewellen,
respectively, which was adopted unanimously by the Board Members
present, being nine in number and two - thirds or more of the
members of the Board of Directors- elect. There was a third and
last reading of the Ordinance, after which a role call vote was
taken on the question, Shall the Ordinance Pass, with the vote
recorded as follows: Ayes - Directors Keck, Joyce, Roy, Lewellen,
Mason, Mayor Dailey, Directors Adcock, Hendrix and Scheibner -
total 9; Noes - None; Absent - Directors Priest and Sharp - total
2. Therefore, Mayor Dailey declared the Ordinance PASSED.
Ordinance No. 16,689 was the next matter to be considered,
with the title being:
AN ORDINANCE APPROVING MODIFICATIONS TO A PLANNED UNIT
DEVELOPMENT AND PROVIDING FOR THE MAINTENANCE OF A PLANNED
COMMERCIAL DISTRICT ENTITLED IBSEN IMPORTS 3021 CANTRELL ROAD
AMENDED SHORT -FORM PCD (Z- 4973 -B), AND LOCATED AT 3021 CANTRELL
ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING ORDINANCE NO.
15,932 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. There was a motion by
Director Lewellen, seconded by Director Scheibner, 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 Ordinance was read the second time. The
rules were again suspended and the Ordinance placed on third and
final reading by a motion and second made by Directors Scheibner
and Lewellen, respectively, which was adopted unanimously by the
Board Members present, being nine in number and two - thirds or
more of the members of the Board of Directors - elect. There was a
third and last reading of the Ordinance, after which a role call
vote was taken on the question, Shall the Ordinance Pass, with
the vote recorded as follows: Ayes - Directors Keck, Joyce, Roy,
Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix and
Scheibner - total 9; Noes - None; Absent - Directors Priest and
Sharp - total 2. Therefore, Mayor Dailey declared the Ordinance
PASSED.
Consideration was then given to Ordinance No. 16,690,
described as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED OFFICE DEVELOPMENT TITLED SOUTH HILLS
TERRACE ADDITION SHORT -FORM POD (Z- 5817), AND LOCATED ON THE
NORTH SIDE OF HIGHWAY 10, APPROXIMATELY 0.3 MILE WEST OF THE EAST
TAYLOR LOOP INTERSECTION, 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;
8
AJ f
Minutes
June 7. 1994
and the Ordinance was read the first time. There was a motion by
Director Lewellen, seconded by Director Scheibner, 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 Ordinance was read the second time. The
rules were again suspended and the Ordinance placed on third and
final reading by a motion and second made by Directors Scheibner
and Lewellen, respectively, which was adopted unanimously by the
Board Members present, being nine in number and two - thirds or
more of the members of the Board of Directors - elect. There was a
third and last reading of the Ordinance, after which a role call
vote was taken on the question, Shall the Ordinance Pass, with
the vote recorded as follows: Ayes - Directors Keck, Joyce, Roy,
Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix and
Scheibner - total 9; Noes - None; Absent - Directors Priest and
Sharp - total 2. Therefore, Mayor Dailey declared the Ordinance
PASSED.
Introduced next was Ordinance No. 16,691, with the following
caption:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, AND ORDINANCE NO. 15,765 AS
AMENDED BY ORDINANCE NO. 15,965 PROVIDING FOR DEFERRALS OF
SIDEWALK AND LANDSCAPING REQUIREMENTS FOR SOUTH HILL TERRACE
ADDITION SHORT -FORM POD (Z- 5817);
and the Ordinance was read the first time. There was a motion by
Director Lewellen, seconded by Director Scheibner, 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 Ordinance was read the second time. The
rules were again suspended and the Ordinance placed on third and
final reading by a motion and second made by Directors Scheibner
and Lewellen, respectively, which was adopted unanimously by the
Board Members present, being nine in number and two - thirds or
more of the members of the Board of Directors - elect. There was a
third and last reading of the Ordinance, after which a role call
vote was taken on the question, Shall the Ordinance Pass, with
the vote recorded as follows: Ayes - Directors Keck, Joyce, Roy,
Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix and
Scheibner - total 9; Noes - None; Absent - Directors Priest and
Sharp - total 2. Therefore, Mayor Dailey declared the Ordinance
PASSED.
Ordinance No. 16,692 was then presented, 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
THE REQUIREMENTS TO PROVIDE ADDITIONAL RIGHT -OF -WAY AND TO
CONSTRUCT STREET AND SIDEWALK IMPROVEMENTS IN AN UNIMPROVED
STREET RIGHT -OF -WAY ALONG THE SOUTH BOUNDARY OF FOUR OAKS LIVING
CENTER ADDITION (S- 1018);
(S -1018 - Four Oaks Living Center Addition - located on the south
side of John Barrow Road, south of Tanya Drive, across from
Parkview High School.)
and the Ordinance was read the first time. There was a motion by
Director Lewellen, seconded by Director Scheibner, 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 Ordinance was read the second time. The
rules were again suspended and the Ordinance placed on third and
final reading by a motion and second made by Directors Scheibner
and Lewellen, respectively, which was adopted unanimously by the
W
653
F
"I
654
Minutes
June 7, 1994
Board Members present, being nine in number and two - thirds or
more of the members of the Board of Directors - elect. There was a
third and last reading of the Ordinance, after which a role call
vote was taken on the question, Shall the Ordinance Pass, with
the vote recorded as follows: Ayes - Directors Keck, Joyce, Roy,
Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix and
Scheibner - total 9; Noes - None; Absent - Directors Priest and
Sharp - total 2. Therefore, Mayor Dailey declared the Ordinance
PASSED.
Introduced next was Ordinance No. 16,693, entitled: _
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER FROM
COMPLIANCE WITH THE SUBDIVISION REGULATIONS RELATIVE TO SITE PLAN
REVIEW AND PROVIDING REQUIRED IMPROVEMENTS FOR FORTINO
SUBDIVISION (S -997);
and the Ordinance was read the first time. There was a motion by
Director Lewellen, seconded by Director Scheibner, 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 Ordinance was read the second time. The
rules were again suspended and the Ordinance placed on third and
final reading by a motion and second made by Directors Scheibner
and Lewellen, respectively, which was adopted unanimously by the
Board Members present, being nine in number and two — thirds or
more of the members of the Board of Directors - elect. There was a
third and last reading of the Ordinance, after which a role call
vote was taken on the question, Shall the Ordinance Pass, with
the vote recorded as follows: Ayes - Directors Keck, Joyce, Roy,
Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix and
Scheibner - total 9; Noes - None; Absent - Directors Priest and
Sharp - total 2. Therefore, Mayor Dailey declared the Ordinance
PASSED.
At 7:50 o'clock P.M.
recess. When the Board of
P.M. Mayor Dailey preside(
present: Directors Roy,
Scheibner, Keck and Joyce
and Sharp - total 2.
Mayor Dailey declared a ten minute
Directors reconvened at 8:00 o'clock
1, and the following Directors were
Lewellen, Mason, Adcock, Hendrix,
- total 8; Absent - Directors Priest
The next presentation was a proposed Ordinance entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF
THE SUBDIVISION REGULATIONS WHICH PROHIBIT THE CREATION OF
PIPESTEM LOTS AND REQUIRE PLATTING AND PLANNING COMMISSION
APPROVAL OF ALL DIVISIONS OF A TRACT OR PARCEL OF LAND FOR CAMP
ADDITION;
(5 -1008 - Located north of Robinwood Drive and Hillandale Drive
intersection.)
Staff presentation was made by Mr. Jim Lawson, Director of
Neighborhoods and Planning. Mr. Lawson stated that Staff and the
Planning Commission have recommended denial, but according to the
Supreme Court, the Planning Commission cannot change the
requirements of the Subdivision Ordinance. Therefore, the
applicant's request for a waiver of the Subdivision Regulations
regarding pipestem lots must be approved or disapproved by the
Board of Directors. If the Board does grant the pipestem lot
variance, then that would approve the plat, because that is the
only outstanding issue. Mr. Bruce Thalheimer, 73 Robinwood
Drive, (Lot 67, Robinwood Subdivision and adjacent to Lot 68
where Mrs. Camp lives), spoke in opposition to the Ordinance. He
displayed pictures showing where the roadway to the property
would be. He was concerned because this is right next to his
10
f
Minutes
June 7, 1994
655
property and the road itself would be almost against his
retaining wall. Heavy equipment going down there and a road
being built would cause damage to the property. Mr. Jackson
Farrow, 63 Robinwood, spoke on behalf of residents of Robinwood
who were opposed to Mrs. Camp's application. Mr. Farrow read
some of the purposes of the Subdivision Regulations (see LRCC
Sec. 31 -4): (4) to minimize the adverse impact on adjoining or
nearby properties; (5) to establish a beneficial relationship
between the uses of land, and the municipal street system; (6) to
establish reasonable standards of design for subdivision. Mr.
Farrow stated the Robinwood residents don't see anything in Mrs.
Camp's proposal that adheres to any of those purposes. Mrs. Camp
is asking to take 20 feet out of a platted lot within Robinwood
Subdivision in violation of the Robinwood Bill of Assurance. To
go through an existing lot in Robinwood is not the proper way to
get access. There was some discussion about other access to the
property, possibly through a 5 acre tract on Kingston or a stub -
out on Kingston. Mr. Lawson stated the issue before the Board is
whether or not this pipestem lot is acceptable. The last speaker
was Mrs. Marcia Camp, 75 Robinwood Drive, the applicant. She
stated the property is a beautiful riverview lot but is totally
landlocked. She talked to staff in the Department of
Neighborhoods and Planning before buying the property, but failed
to understand that a waiver was necessary for the pipestem lot.
The deed provides for one house on this 10 acres. She said the
Robinwood Bill of Assurance, which originated in 1959, is no
longer in force since it was not renewed at the end of twenty
years as required. She concluded by stating she had gone to
great extents to provide access across her own land by means of a
20 foot right -of -way on the east side of her lot (12' for
driveway and 8' for utilities) . Following the lengthy
discussion, the Ordinance was read the first time. There was a
motion by Director Roy, seconded by Director Scheibner, 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 Scheibner,
seconded by Director Keck, 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 nine in
number and two - thirds or more of the members of the Board of
Directors - elect. The Ordinance was read the third and last time,
and a roll call vote was taken on passage of the Ordinance, with
the results recorded as follows: Ayes - Director Adcock - total
1; Noes - Directors Keck, Joyce, Roy, Lewellen, Mason, Mayor
Dailey, Directors Hendrix and Scheibner - total 8; Absent -
Directors Priest and Sharp - total 2. Whereupon, Mayor Dailey
announced that the Ordinance had FAILED.
Resolution No. 9,171 was then introduced, with the title
being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR THE PURCHASE OF TWO FIVE CUBIC YARD DUMP
TRUCKS, A TRACTOR WITH BUSHHOG UNIT, AND TWO POLICE PATROL
MOTORCYCLES FOR THE FLEET SERVICES DEPARTMENT;
(Robinson International - two 5 C.Y. dump trucks - not to exceed
$84,754; Capital Ford New Holland - tractor with bushhog - not to
exceed $23,003; Jones Harley /Davidson - two police patrol
motorcycles - not to exceed $20,454.)
and the Resolution was read in full. There was a motion by
Director Roy, seconded by Director Mason, to adopt the
Resolution, and the Resolution was unanimously adopted.
11
656
Minutes
June 7, 1994
Consideration was then given
described as:
to Resolution No. 91172,
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT TO CLARK MACHINERY FOR THE PURCHASE OF A
CHIPSPREADER WITH AN EXTENDABLE HOPPER FOR THE FLEET SERVICES
DEPARTMENT; (Not to exceed $118,950.)
and the Resolution was read in full. There was a motion by
Director Roy, seconded by Director Mason, to adopt the
Resolution, and the Resolution was unanimously adopted.
The next presentation was Resolution No. 9,173, entitled:
A RESOLUTION TO DIRECT THE CITY MANAGER TO PROVIDE PERIODIC
REPORTS AND ACCOUNTINGS OF THE VALUE OF AND EXPENDITURES FOR
FUTURE- LITTLE ROCK PROPOSALS; AND FOR OTHER PURPOSES;
(see discussion on page 2 of the Minutes of June 1, 1994.)
and the Resolution was read in full. There was a motion by
Director Roy, seconded by Director Mason, to adopt the
Resolution, and the Resolution was unanimously adopted.
Resolution No. 9,174 was the next matter to be considered,
with the title being:
A RESOLUTION TO SUPPORT ENTRY INTO AN INTERLOCAL COOPERATIVE
AGREEMENT WITH PULASKI COUNTY AND THE CITY OF NORTH LITTLE ROCK,
ARKANSAS, TO ESTABLISH A PULASKI ENTERPRISE COMMUNITY ALLIANCE;
AND FOR OTHER PURPOSES;
and the Resolution was read in full. There was a motion by
Director Roy, seconded by Director Mason, to adopt the
Resolution, and the Resolution was unanimously adopted.
Consideration was then given to Ordinance No. 16,694,
described as:
AN ORDINANCE DISPENSING WITH THE REQUIREMENT FOR COMPETITIVE
BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH NEW FUTURES FOR LITTLE ROCK YOUTH, INC. TO ADMINISTER A
YOUTH INITIATIVE PROJECT; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES;
and there was a first reading of the Ordinance. A motion was
made by Director Roy to suspend, the rules and place the Ordinance
on second reading. The motion was seconded by Director Scheibner
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 Roy and
Scheibner, 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 passage of the Ordinance, with the
results recorded as follows: Ayes - Directors Keck, Joyce, Roy,
Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix and
Scheibner - total 9; Noes - None; Absent - Directors Priest and
Sharp - total 2.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes - Directors Keck, Joyce, Roy, Lewellen, Mason, Mayor
Dailey, Directors Adcock, Hendrix and Scheibner - total 9; Noes -
None; Absent - Directors Priest and Sharp - total 2. Therefore,
the Ordinance, together with the Emergency Section, was declared
PASSED.
12
657
Minutes
June 7, 1994
The next presentation was Ordinance No. 16,695, entitled:
AN ORDINANCE DISPENSING WITH THE REQUIREMENT FOR COMPETITIVE
BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH PULASKI COUNTY JUVENILE SERVICES TO ADMINISTER A YOUTH
DEVELOPMENT /MENTORING PROGRAM; DECLARING AN EMERGENCY; AND FOR
OTHER PURPOSES;
and there was a first reading of the Ordinance. A motion was
made by Director Roy to suspend the rules and place the Ordinance
on second reading. The motion was seconded by Director Scheibner
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 Roy and
Scheibner, 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 passage of the Ordinance, with the
results recorded as follows: Ayes - Directors Keck, Joyce, Roy,
Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix and
Scheibner - total 9; Noes - None; Absent - Directors Priest and
Sharp - total 2.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes - Directors Keck, Joyce, Roy, Lewellen, Mason, Mayor
Dailey, Directors Adcock, Hendrix and Scheibner - total 9; Noes -
None; Absent - Directors Priest and Sharp - total 2. Therefore,
the Ordinance, together with the Emergency Section, was declared
PASSED.
Added to the Agenda at the request of City Attorney Tom
Carpenter was Resolution No. 9,175, entitled:
A RESOLUTION ADOPTING THE "I'M BIG ON LITTLE ROCK" PROMOTION
CAMPAIGN; RECOGNIZING THE LOGO OF THIS CAMPAIGN; DIRECTING THE
CITY ATTORNEY TO SEEK TRADEMARK REGISTRATION; AND FOR OTHER
PURPOSES;
Mr. Carpenter explained that any entity may use the logo as long
as it is used to promote Little Rock in accordance with the
restrictions set forth by the Advertising and Promotion
Commission. There was a motion by Director Scheibner, seconded
by Director Hendrix, to adopt the Resolution, and the Resolution
was unanimously adopted.
The last item to be considered was a proposed Ordinance
described as:
AN ORDINANCE TO ESTABLISH MINIMUM MAINTENANCE REQUIREMENTS
FOR BUILDINGS AND STRUCTURES WITHIN AN OFFICIALLY DESIGNATED
HISTORIC DISTRICT; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES;
(NOTE: The Ordinance was tabled on March 30, 1994, and will
require six affirmative votes to be brought back to the table for
consideration.) Director Roy stated he had asked the City
Attorney for an opinion and would like to defer the Ordinance
until he has that opinion. Mr. Carpenter responded that the
report should be ready in about two weeks. Director Adcock
agreed to the deferral only on the condition the list of houses
to be condemned be removed until after this Ordinance goes before
the Board. Director Roy was opposed to that. Direct Adcock
asked for a copy of the Minutes (or the video) of the May 3,
1994, Board Meeting regarding Kramer School because she
understood it is back on the list of condemnations. Mr. Jim
13
I
AX061
rmwwol
Minutes
June 7, 1994
Lawson, Director of Neighborhoods and Planning, stated it was
staff's understanding that Kramer School was to go back on the
list for the next agenda.
At the request of Director Adcock, Mr. Mike Batie, Director
of Public Works, made a brief report on flooding in the
Cloverdale area on Saturday, June 4, 1994. A written report had
been provided to Board Members. Mr. Batie stated that in the
near future staff would be recommending the authorization of an
engineering design contract to replace or upgrade the two
existing drainage systems located in the immediate Cloverdale
area, and authorization of a construction contract in the 1995
budget.
Mr. Batie also responded to a question by Director Hendrix
regarding the flooding and drainage at 6th and Pepper Streets,
stating crews have already done some work on catch basins to try
to get the water in faster.
Responding to a question by Director Keck, Mr. Batie stated
that the delivery of garbage carts is on schedule and should be
completed by the first week in July.
There being no further business to be presented, the Board
of Directors adjourned at 9:05 o'clock P.M. to meet again in
regular session on Tuesday, June 21, 1994, at 6:00 o'clock P.M.
r
ATTEST: APPROVED:
City Clerk Robbie Hancock yor Jim Dailey
14
a �