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02-04-920?4 Board of Directors Chamber Little Rock, Arkansas February 4, 1992 - 6:10 P.M. The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Sharon Priest presiding. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Roy, Hollingsworth, Lewellen, Shackelford, Dailey and Catlett - total 6; Absent - None. With a quorum present, Mayor Priest declared the Board of Directors in session. The Invocation was given by Director Dailey. The Consent Agenda was then presented, consisting of the following items: (a) The approval of the Minutes of the Board of Directors Special Meeting held January 17, 1992, and the regular meeting held January 21, 1992. (b) Resolution No. 8,641, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE A PORTION OF THE ALLEY IN BLOCK 10 OF FOREST HILL ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (February 18, 1992.) (c) Resolution No. 8,642, entitled: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE WEST 39TH STREET BETWEEN BARROW ROAD AND LUDWIG STREET, IN JOHN BARROW ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (February 18, 1992.) (d) Resolution No. 8,643, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE A PUBLIC UTILITY EASEMENT IN LOT 1, TENNIS CLUB ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (February 18, 1992.) (e) Resolution No. 8,644, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR THE RECONSTRUCTION OF FOSTER STREET AND RUSS STREET AND STREET AND DRAINAGE IMPROVEMENTS ON HOLT STREET, WEST 32ND STREET AND PINE STREET, CDBG CONSTRUCTION PROJECTS. (Worth James - Foster Street & Russ Street - not to exceed $216,031.08; Ben Hogan Construction Co. - Holt St., West 32nd St. and Pine St. - not to exceed $204.294.83.) (f) Resolution No. 8,645, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR UNIFORMS AND CLOTHING FOR THE LITTLE ROCK FIRE DEPARTMENT. (Farriors - not to exceed $54,790.80.) 1 Minutes February 4, 1992 (g) Resolution No. 8,646, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE CITY'S AGREEMENT WITH THE UNITED STATES, DEPARTMENT OF THE INTERIOR, GEOLOGICAL SURVEY (USGS) FOR TECHNICAL SERVICES DURING THE CALENDAR YEAR 1992. (Stormwater runoff.) (h) Resolution No. 8,647, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE FUNDS FROM THE 1988 CAPITAL IMPROVEMENT FUND FOR THE WIDENING AND RECONSTRUCTION OF HINSON ROAD FROM MARTHA TO RODNEY PARHAM; AUTHORIZING THE EXECUTION OF A CONSTRUCTION CONTRACT; AND AUTHORIZING THE CITY MANAGER TO TRANSFER BOND FUNDS TO COMPLETE OTHER PROJECTS. (Contract with Joyner -Ford & Burke - Hinson Road widening - not to exceed $674,662.) (i) Resolution No. 8,648, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF FITNESS EQUIPMENT FOR THE WAR MEMORIAL FITNESS COMPLEX, A 1988 CAPITAL IMPROVEMENT BOND PROJECT. (Cybex - not to exceed $61,596.) (j) Resolution No. 8,649, which appeared on the Agenda as Item 7 but was added to the Consent Agenda, described as: A RESOLUTION CHANGING THE NAME OF HIGH STREET FROM 3RD STREET TO 2ND STREET TO DR. MARTIN LUTHER KING, JR. DRIVE; AND FOR OTHER PURPOSES. (k) Resolution No. 8,650, which appeared on the Agenda as Item 9 but was added to the Consent Agenda, with the title being: A RESOLUTION APPOINTING MR. RICHARD MAYS AS A COMMISSIONER FOR METROCENTRE IMPROVEMENT DISTRICT NO. 1 OF THE CITY OF LITTLE ROCK, ARKANSAS. By motion from Director Dailey, seconded by Director Lewellen, which was unanimously adopted by voice vote of the Board members present, the Consent Agenda was dispensed with as follows: (a) The minutes of the Board of Directors Special Meeting held January 17, 1992, and the regular meeting held January 21, 1992, were approved as written and distributed to members of the Board of Directors; and (b, c, d, e, f, g, h, i, j and k) Resolutions No. 8,641, 8,642, 8,643, 8,644, 8,645, 8,646, 8,647, 8,648, 8,649, and 8,650 were read in full and adopted by unanimous voice vote of the Board members present. At the time allotted for Citizens Communication, there was a brief discussion among Board Members regarding the purpose of citizens communication. Director Shackelford stated that Citizens Communication is the time for new issues to be brought to the attention of Board Members and then placed on a future Agenda for Board action if needed, but the Board does not take action at Citizens Communication time. She urged the Board to decide what it hopes to accomplish with Citizens Communication and at what point an item is put on the Agenda. Director Catlett urged the Board to discuss this issue soon and define the purpose of Citizens Communication. The first speaker at Citizens Communication time was Mr. Gene Tucker, President of the Little Rock Firefighters Local 34. He read a prepared statement in which he referred to the impasse in contract negotiations and the past meetings when the Board was bombarded with cards from outraged firefighters due to elimination of pay raises and step increases. (See Minutes of January 7, 1992 and January 21, 1992.) He urged the Board to examine the information regarding surplus funds available from 2 25 0?6 Minutes February 4, 1992 1991 and to support the reinstatement of step increases and cost of living adjustments for firefighters. Director Dailey asked City Manager Tom Dalton to provide information at an Agenda Meeting giving the specifics on special projects, fund transfers, etc. for Board consideration. Ms. Jeane Moore, AFSCME, urged the Board to reconsider raises for City employees. Mr. Muskie Harris, speaking on behalf of the Dr. Martin Luther King, Jr. Festival of People Committee and NAACP President Dale Charles, thanked the Board and City Staff for assistance in making the first annual Dr. Martin Luther Ring, Jr. Festival a successful 4 -day event and for changing the name of High Street to Dr. Martin Luther King, Jr. Drive. He also asked the Board to consider funding for his list of priorities which would improve neighborhoods and the facilities used for the Festival. (List was filed with the City Clerk.) The next speaker was Mr. Randy Mowry, President of the Forest Hills Neighborhood Association and President -elect of the Coalition of Little Rock Neighborhoods. He commented on the Future - Little Rock goals program and questioned the representation on the recently appointed Steering Committee, citing the fact that no ACORN members were appointed to the Committee. He stated that the Coalition of Little Rock Neighborhoods passed a Resolution calling for expansion of the Steering Committee to include the 9 unrepresented neighborhood associations from the Coalition. He referred to the funding of the Means - Tischler Study, stating that it should be funded totally by the City of Little Rock and not by any private entities. He also requested that growth management be properly addressed in the goals program of the Steering Committee. Mayor Priest advised Mr. Mowry that the 36 member Steering Committee has the flexibility to expand its membership. City Manager Tom Dalton stated that $250,000 has been budgeted for the Steering Committee to work with in the goal setting process with only $80,000 of that being identified for the technical study to be done by Paul Tischler and Mary Means. Ms. Kathy Wells, 2121 Gaines Street, Vice President of the Coalition of Little Rock Neighborhoods, expressed concern that with recent publicity being focused on the future goals of the City, too little attention would be given to the growth management issues which must be resolved before any goals could be realized. She referred to Board discussion one year ago regarding growth management and to the General Plan Map of 1989. She also expressed concern about the long existing deadly traffic condition on Shackleford Road which had been detailed by Coalition Members from Walnut Valley, stating that the City's estimated cost to remedy the problem is four million dollars. Director Dailey asked City Manager Tom Dalton to provide an update on the traffic situation on Shackleford Road so that Board Members can deal with the problem. The next speaker was Ms. Diane Davis, 3000 Chester Street, President of the South End Neighborhood Association and Treasurer -elect of the Coalition of Little Rock Neighborhoods. She listed apparent trends of the Board of Directors that are disturbing to the Coalition: (1) failure to name an inclusive Steering Committee, particularly people that opposed Project 2000; (2) failure to reply to the Coalition's call for a City wide task force on crime; (3) failure to reply to the Coalition's budget recommendations; and (4) lack of a willing attitude to give a full airing of citizens opinions. In response to a question by Director Roy for the status of the crime task force, City Manager Tom Dalton stated there will be a meeting on February 29 for Police Chief Caudell and City Staff to discuss 3 Minutes February 4, 1992 27 public safety issues with members of neighborhood associations and to address the need for a crime task force. Mayor Priest then allotted fifteen minutes for citizens to address the Board of Directors regarding the shooting range issue. Mr. Luke Moorman, spokesperson, gave a history of the shooting range at Rebsamen Park and the agreement between the City of Little Rock and the Little Rock Sports Shooting Association. He pointed out fallacies in the report of Officer Foster on the condition of the shooting range, which led to the closing of the range by Police Chief Caudell on January 2, 1992. (See Minutes of January 7, 1992 and January 21, 1992.) Mr. Moorman again urged the Board to re -open the shooting range. There was a brief discussion regarding berms, public safety and liability as well as other possible locations for a shooting range. Consideration was then given to a proposed Ordinance entitled: 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 -5515 - To rezone 5315 Baseline Road from "R -2" Single - family District to "C -3" General Commercial District.) (See Minutes of January 21, 1992, for first reading of the proposed Ordinance. Owner Steve Hix was not present to answer questions by Board Members regarding 110-3" classification instead of "C -3" as requested; therefore, the Ordinance was left on the calendar for second reading on 2 -4 -92 so that Mr. Hix could be present for the discussion.) At this time Mr. Steve Hix, owner of the property at 5315 Baseline Road, listed the reasons why he was requesting "C -3" classification for the property rather than 110-3" Quiet Office. He stated that all the surrounding property is commercial; there were no objections from surrounding owners; the Planning Commission approved 11C -311; there is a surplus of quiet- office classification already available in southwest Little Rock; and the only prospective purchasers have requested "C -3" zoning. Director Dailey asked Mr. Hix if he would consider a Planned Commercial Development. Mr. Hix was not aware of the requirements for a PCD. Therefore, the Ordinance was not read the second time and was left on the calendar for second reading on February 18, 1992, in order for Mr. Hix to consider the PCD option. Consideration was given to Ordinance No. 16,159, described as: AN ORDINANCE TO AMEND THE ROCK CREEK VALLEY LAND USE PLAN IN VARIOUS LOCATIONS; AND FOR OTHER MATTERS; and the Ordinance was read the second time, having been read the first time on January 21, 1992. A motion was made by Director Shackelford, seconded by Director Dailey, to suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. Whereupon, the Ordinance was then read the third and last time. An Aye and No Vote was taken on passage of the Ordinance which resulted as herein recorded: Ayes - Directors Dailey, Catlett, Mayor Priest, Directors Roy, Hollingsworth, Lewellen and Shackelford - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. 4 o28 Minutes February 4, 1992 The next presentation was Ordinance No. 16,160, entitled: AN ORDINANCE TO AMEND THE ELLIS MOUNTAIN /CRYSTAL VALLEY LAND USE PLAN IN VARIOUS LOCATIONS AND FOR OTHER MATTERS. Mr. Jim Lawson, Director of the Department of Neighborhoods and Planning, explained the proposed changes to the Ellis Mountain /Crystal Valley Land Use Plan regarding Planned Commercial Development Districts (PCD's) at three locations: the Crockett Auto Salvage at 8200 Colonel Carl Miller Road; a storage facility at 8510 Colonel Carl Miller Road; and a sheet metal shop at 13805 Crystal Valley Road, stating that the Plan will show "Existing Condition PCD.". (See Minutes of January 21, 1992 for discussion after first reading of the Ordinance.) The findings of the Planning Commission and the Board of Directors are: (1) this is a rezoning undertaken by the City of Little Rock as part of its extraterritorial powers; (2) these conditions existed at the time of this rezoning; and (3) this does, through the PCD process, tie down the existing use of the land and does not set a precedent. Following a brief discussion, a motion was made by Director Dailey, seconded by Director Lewellen, to amend the Ordinance and the Plan to include "Existing Condition PCD" classification for the three locations (Crockett Auto Ranch at 8200 Colonel Carl Miller Road; the Gallery of Storage facility at 8510 Carl Miller Road; and the Crystal Valley Sheet Metal, Inc. at 13805 Crystal Valley Road). The motion was unanimously adopted by the Board Members present, and the Ordinance, as amended, was read the second time, having been read the first time on January 21, 1992. A motion was made by Director Shackelford, seconded by Director Dailey, to suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. Whereupon, the Ordinance, as amended, was then read the third and last time. An Aye and No Vote was taken on passage of the Ordinance which resulted as herein recorded: Ayes - Directors Dailey, Catlett, Mayor Priest, Directors Roy, Hollingsworth, Lewellen and Shackelford - total 7; Noes - None; Absent - None. Therefore, the Ordinance, as amended, was declared PASSED. Ordinance No. 16,161, was presented, containing the following caption: AN ORDINANCE TO ESTABLISH ZONING DISTRICTS IN THE AREA LOCATED SOUTH OF KANIS AND DENNY ROADS IN WESTERN PULASKI COUNTY WHICH IS OUTSIDE OF BUT WITHIN THREE MILES OF THE CORPORATE LIMITS OF THE CITY OF LITTLE ROCK, TO MAKE THE CITY'S COMPREHENSIVE ZONING REGULATIONS APPLICABLE THERETO; AND DECLARING AN EMERGENCY. Mr. Jim Lawson, Director of the Department of Neighborhoods and Planning, explained two changes to the Ordinance since the first reading on January 21, 1992. Regarding 2- 5513 -D - Thomas E. Jones PCD at 13805 Crystal Valley Road, Mr. Lawson stated that the line dividing the PCD from the 11R -2" classification had been moved closer to Crystal Valley Road because of the Board's concern about the vast amount of undeveloped land. In connection with Z- 5510 -K (property at Lawson and Hugh Taylor Roads) , Mr. Lawson advised that Staff had been unable to obtain the required right -of -way on the 17.3 acres lying west of Lawson Road and he recommended that portion of the property be deleted from the Ordinance. There was a motion and second by Directors Dailey and Lewellen, respectively, to amend the Ordinance by deleting the 17.3 acres lying west of Lawson Road from Z- 5510 -K. The motion was unanimously adopted by the Board Members present, and the Ordinance, as amended, was read the second time, having been read the first time on January 21, 1992. A motion was made by Director Shackelford, seconded by Director Dailey, to suspend the 5 4 Minutes February 4, 1992 23 rules and place the Ordinance on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. Whereupon, the Ordinance, as amended,;was. then read the third and last time. An Aye and No Vote was taken on passage of the Ordinance which resulted as herein recorded: Ayes - Directors Dailey, Catlett, Mayor Priest, Directors Roy, Hollingsworth, Lewellen and Shackelford - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 12 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Dailey, Catlett, Mayor Priest, Directors Roy, Hollingsworth, Lewellen and Shackelford - total 7; Noes - None; Absent - None. Whereupon, the Ordinance, as amended, together with the Emergency Clause, was declared PASSED. Introduced next was Ordinance No. 16,162, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PCD DISTRICT TITLED CROCKETT AUTO SALVAGE (Z-5513- B) IN THE EXTRATERRITORIAL PLANNING BOUNDARY OF LITTLE ROCK, ARKANSAS; AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Z- 5513 -B - To rezone 9.84 acres on Colonel Carl Miller Road from "R -2" Single- family District to "PCD ".) and the Ordinance was read the second time, having been read the first time on January 21, 1992. A motion was made by Director Shackelford, seconded by Director Dailey, to suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. Whereupon, the Ordinance was then read the third and last time. An Aye and No Vote was taken on passage of the Ordinance which resulted as herein recorded: Ayes - Directors Dailey, Catlett, Mayor Priest, Directors Roy, Hollingsworth, Lewellen and Shackelford - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Ordinance No. 16,163 was then introduced, entitled: AN ORDINANCE TO WAIVE THE FILING FEE AND REFILING PROVISION FOR EXISTING USES WITHIN EXTRATERRITORIAL PLANNING AREA 2 FOR A PERIOD OF SIX MONTHS TO END AUGUST 14, 1992. and the Ordinance was read the second time, having been read the first time on January 21, 1992. A motion was made by Director Shackelford, seconded by Director Dailey, to suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. Whereupon, the Ordinance was then read the third and last time. An Aye and No Vote was taken on passage of the Ordinance which resulted as herein recorded: Ayes - Directors Dailey, Catlett, Mayor Priest, Directors Roy, Hollingsworth, Lewellen and Shackelford - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. The last matter to be considered was Ordinance No. 16,164, with the title being: AN ORDINANCE AMENDING LITTLE ROCK CITY CODE CHAPTER 6, PERTAINING TO THE KEEPING OF ANIMALS WITHIN THE CORPORATE LIMITS OF THE CITY OF LITTLE ROCK. A 4030 Minutes February 4, 1992 City Attorney Tom Carpenter advised the Board of two options to be considered regarding the posting of signs for invisible fences: (1) do not specify the size of the sign, or (2) specify that the signs shall be a minimum of 6" x 811. During a brief discussion, the Board chose to specify a minimum size as requested by the Public Works Department. Mr. Carpenter suggested that this be monitored for one year to see what the experience has been and if there have been any problems. Ms. Susann Walters of Invisible Pence of Arkansas spoke in support of the Ordinance, and questioned whether a sign would be required when the rear of the property is on the Arkansas River. She was advised by Mr. Carpenter that the Ordinance does require a sign for each yard that is governed by a containment device. The Ordinance was then read the first time. There was a motion by Director Dailey, seconded by Director Shackelford, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. A second reading of the Ordinance followed, with a motion being made by Director Lewellen, and seconded by Director Dailey, to further suspend the rules and place the Ordinance on third and final reading. With the motion having been unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, the Ordinance was read the third and last time. The resulting Aye and No Vote taken on passage of the Ordinance is herein recorded as follows: Ayes - Directors Dailey, Catlett, Mayor Priest, Directors Roy, Hollingsworth, Lewellen and Shackelford - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 27 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Dailey, Catlett, Mayor Priest, Directors Roy, Hollingsworth, Lewellen and Shackelford - total 7; Noes - None; Absent - None. The Ordinance, together with the Emergency Clause was then declared PASSED. Director Dailey requested that the Board discuss amending the 1992 Budget regarding employee benefits at the Agenda Meeting on Wednesday, February 12, 1992, since additional funds are available from 1991. There being no further business to be presented, Mayor Priest declared the meeting adjourned at 8:15 o'clock P.M., with the Board of Directors to convene in regular session on Tuesday, February 18, 1992, at 6:00 o'clock P.M. ATTEST: APPR VED: City Clerk Robbie Hancock Mayor Sharon Priest 7