03-17-92052
9
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Board of Directors Chamber
Little Rock, Arkansas
March 17, 1992 - 6:05 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 was present and called the roll with the
following Directors in attendance: Directors Roy, Hollingsworth,
Lewellen, Dailey and Catlett - total 5; Absent - Director
Shackelford - total 1.
With a quorum present, Mayor Priest declared the Board of
Directors in session and the proceedings of the meeting are
recorded as follows.
The Invocation was given by Director Roy.
The Consent Agenda was the first presentation, consisting of
the following items:
(a) Approval of the Minutes of the previous meeting held
March 3, 1992, and the reconvened meeting held March 11, 1992.
(b) The Comparative Statement of Income Account of the
Little Rock Municipal Water Works for the month of January, 1992.
(c) Resolution No. 8,672, entitled:
A RESOLUTION AUTHORIZING THE L:
DEPARTMENT TO PROVIDE FIRE SERVICE FOR ONE
BUSINESSES OUTSIDE THE CITY OF LITTLE ROCK.
2200 E. 145th St.; Siemens -Allis - 14000 Dineen
- 15000 Panatella Parkway; Elf Asphalt - 89
Wildwood Park - 20919 Denny Rd.)
CTTLE ROCK FIRE
YEAR TO CERTAIN
(Sharper Image -
Dr.; Levi Strauss
Shamburger Lane;
(d) Resolution No. 8,673, with the title being:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO ABANDON A PORTION OF RIGHT -OF -WAY OF WEST 24TH STREET
BETWEEN BROWN AND MARTIN STREETS IN THE CITY OF LITTLE ROCK,
ARKANSAS. (April 7, 1992.)
(e) Resolution No. 8,674, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
CONTRACT FOR FLEET REPAIR SERVICE FOR ONE YEAR FOR THE DEPARTMENT
OF GENERAL SERVICES /FLEET SERVICES DIVISION. (Contract to
various companies - not to exceed $60,000 for a one year period.)
(f) Resolution No. 8,675, entitled:
A RESOLUTION SETTING A DATE FOR A PUBLIC HEARING ON THE
QUESTION OF THE ISSUANCE OF REVENUE BONDS BY THE CITY OF LI'T'TLE
ROCK, ARKANSAS, RESIDENTIAL HOUSING AND PUBLIC FACILITIES BOARD.
(April 7, 1992.)
(g) Resolution NO. 8,676, described as:
A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK
TO GRANT A RIGHT -OF -WAY EASEMENT FOR THE PURPOSE OF CONSTRUCTING
A SEWER LINE OVER A PORTION OF ALLSOPP PARK IN THE CITY OF LITTLE
ROCK, ARKANSAS.
By motion from Director Roy, seconded by Director Hollingsworth,
which was unanimously adopted by the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes
of the previous meeting held March 3, 1992 and the reconvened
meeting held March 11, 1992, were approved as written and
distributed to members of the Board of Directors; (b) The
Comparative Statement of Income Account of the Little Rock
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Minutes
March 17, 1992
53
Municipal Water Works for the month of January, 1992, was
received and filed; and (c, d, e, f and g) Resolutions No. 8,672,
8,673, 8,674, 8,675 and 8,676 were read in full and adopted by
unanimous voice vote of the Board Members present.
At the time allotted for Citizens Communication, Ms. Kathy
Wells, Vice President of the Coalition of Little Rock
Neighborhoods, addressed the Board of Directors regarding the
question of reconsidering the sign ordinance passed in February.
She referred to a letter dated March 9, 1992, from Donrey Outdoor
Advertising Company to Mr. Jim Lawson, Director of the Department
of Neighborhoods and Planning, requesting the Board of Directors
to reconsider and revoke Ordinance No. 16,181 which was passed
February 18, 1992. Ms. Wells stated she hoped the Board would
stand firm in support of scenic corridors because billboards in
the wrong places are a blight on the City of Little Rock and this
Ordinance was an important step in dealing with that.
Consideration was then given to Ordinance No. 16,188,
entitled:
AN ORDINANCE TO AMEND THE OTTER CREEK LAND USE PLAN IN AN
AREA NORTH OF MABELVALE TO SIBLEY HOLE ROAD AND FOR OTHER
MATTERS.
Mr. Ron Newman, Planning Manager for the Department of
Neighborhoods and Planning, explained that this is an amendment
to recognize an existing land use pattern and to protect an
existing single - family neighborhood south of Sibley Hole Road.
The Ordinance was then read the first time. There was a motion
and second by Directors Lewellen and Dailey, respectively, to
suspend the rules and place the Ordinance on second reading. The
motion was unanimously adopted by the members of the Board of
Directors present, being six 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
Catlett, 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 six 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 question, Shall
the Ordinance Pass, was submitted to an Aye and No Vote, which is
recorded as follows: Ayes - Directors Roy, Hollingsworth,
Lewellen, Dailey, Catlett and Mayor Priest - total 6; Noes -
None; Absent - Director Shackelford - total 1. Therefore, the
Ordinance was declared PASSED.
resolution No. 8,667, adopted March 3, 1992, set a public
hearing for this time and place on a petition filed by Mr. O. D.
Tucker to vacate and close a portion of the alley running east -
west within Block 359, Original City of Little Rock (Weeks
Replat), pursuant to A.C.A. Section 14 -54 -104 (1987). Notice of
hearing was duly published on March 10, 1992 and March 17, 1992.
Attached to the petition was a certified copy of the plat from
the Pulaski County Circuit Clerk's Office and a letter from Beach
Abstract & Guaranty Company listing the last owners of record to
abutting property. The public hearing was then declared open.
Mr. Richard Wood, Department of Neighborhoods and Planning, made
the staff presentation, listing three reasons why Staff
recommended denial of the request to close the alley: (1) the
Public Works Department recommends the alley remain open because
the alley is presently open and being utilized by the
neighborhood; (2) Sanitation trucks use the alley to collect
garbage rather than having to stop on Cantrell Road; (3) the
alley is located within the Mid -town Expressway as shown on the
Master Street Plan. (If the alley is closed and title given to
the applicant, the City would have to purchase the right -of -way
when needed for the Mid -Town Expressway.) Mr. Wood also noted
that this is in the Original City Land Grant and all dedicated
rights -of -way are owned by the City of Little Rock; therefore,
the City would have to quit claim the property to the abutting
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Minutes
March 17, 1992
owner. Director Dailey said he would like to accommodate the
applicant by closing the alley, but wanted to be sure the City
does not have to repurchase the right -of -way in the future. City
Attorney Tom Carpenter suggested granting a franchise for use of
the alley until such time as the City of Little Rock has need for
it. Mr. O. D. Tucker, petitioner, stated that he had been in
business at 1309 Cantrell Road for 17 years, but in the last 11
months his business has been burglarized /vandalized ten times.
There was a lengthy discussion in which members of the Board of
Directors expressed sympathy for Mr. Tucker but also had concerns
regarding the garbage trucks stopping on Cantrell or backing out
of the alley in order to serve the properties. There was some
concern as to how closing the alley would solve Mr. Tucker's
problem if burglars are tearing down or cutting through the fence
at the rear of his property. Some Board Members were in favor of
granting a franchise rather than closing the alley. To conclude
the discussion, the Board agreed to defer the proposed Ordinance
until the next regular meeting to give the Public Works
Department and the Department of Neighborhoods and Planning an
opportunity to see if there are other ways of dealing with this
problem short of an actual franchise and /or closure. Mayor
Priest then closed the public hearing, stating that the Ordinance
would not be read, and the matter will be considered on April 7,
1992. Therefore, a proposed Ordinance entitled: "AN ORDINANCE
VACATING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 359 ORIGINAL
CITY OF LITTLE ROCK" was deferred until April 7, 1992.
A motion adopted March 3, 1992, set a public hearing for
this time and place on the proposed use of CDBG funds for the
18th year program, revising the CDBG citizen participation plan,
and establishing guidelines for the City's owner - occupied housing
rehabilitation program. Mayor Priest declared the public hearing
open. The first speaker was Ms. Erma Hendrix, President of
Arkansas Association of Realtors, Inc., stating they are
interested in working with staff on presenting a program to work
with the City on HOPE 3. Mr. Rocky Herman, speaking on behalf of
the John Barrow CDBG Neighborhood, stated they are opposed to
portions of the plan for the $25,000 used for the Pankey area.
He also stressed the need for updating the census tract records
for the John Barrow area. He felt that some of their projects
were not allowed because of late 1980 census data and urged the
development of new 1990 census information. Ms. Pat Scarborough,
2321 West 17th Street, Chairman of the Central High CDBG
Committee, asked the Board to approve the owner- occupied housing
rehabilitation program and designate $100,000 for the Central
High School area. The last speaker was Ms. Barbara Douglas, 4801
Rightsell Street, Chairperson of the Pankey Community Improvement
Association. She stated the Pankey group had met with Planning
Staff to make a change in the first proposal for the Pankey
Community. The first plan was to do a study, but studies have
already been made. She presented an alternative plan titled
" Pankey Neighborhood Gateway Design" which consisted of five
items: (1) a landscaped neighborhood entrance that would give a
positive image to the neighborhood area; (2) a model block design
that would include landscape treatment around new homes, as well
as rehabed homes in the Ives Street blocks; (3) a design strategy
for relocation of properties that currently violate the City's
Subdivision Ordinance; (4) a design strategy that would include
signage and lighting as part of the landscape plan; and (5) a
design strategy that would give design alternatives to the Wells
Street Bridge over Ison Creek that constantly floods during heavy
rains. Ms. Douglas discussed the need for more houses in Pankey
and feels this is the first stage in order to be able to put
houses in Pankey next year. Mayor Priest then asked for a staff
presentation from Mr. Tim Polk, Assistant Director of the
Department of Neighborhoods and Planning. Mr. Polk explained
that the CDBG Coordinating Committee is not making this
recommendation (referring to the Pankey Neighborhood Gateway
Design) but Staff does support the Pankey Neighborhood Gateway
Design. During a lengthy discussion, Board Members asked
several questions regarding the Pankey Area: new houses, parks,
Wells Street bridge, etc. The Board also questioned the $425,000
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Minutes
March 17, 1992
55
designated for administration of the 18th year CDBG program and
asked for a breakdown. Mayor Priest declared the public hearing
closed and Resolution No. 8,677 was presented, entitled:
A RESOLUTION APPROVING THE VARIOUS PROJECTS AND ALLOCATIONS
OF FUNDS AS PROVIDED FOR IN THE CITY OF LITTLE ROCK'S COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR THE 18TH YEAR (FY
1992); REVISING THE CDBG CITIZEN PARTICIPATION PLAN; ESTABLISHING
GUIDELINES FOR THE CITY'S OWNER- OCCUPIED HOUSING., REHABILITATION
PROGRAM; AND APPROVING THE CDBG APPLICATION AND AUTHORIZING THE
FILING OF THE APPLICATION FOR SUCH FUNDS.
The Resolution was read in full, followed by a motion by Director
Lewellen, seconded by Director Dailey, to adopt the Resolution.
The Resolution was adopted by unanimous voice vote of the
members of the Board of Directors present. Mayor Priest noted
for the record that the $25,000 designated for Pankey in the
Proposed Use of Funds attached to the Resolution will be for the
Pankey Neighborhood Gateway Design.
Consideration was then given to Resolution No. 8,678, with
the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO ALL
NECESSARY AGREEMENTS TO CONSTRUCT BUILDINGS AT THE LITTLE ROCK
PORT AUTHORITY FOR LEASE TO A MANUFACTURING FIRM;
(Contract agreements with May Construction Company and the
Cromwell Firm for architectural, engineering, and construction
work necessary to complete buildings at the Little Rock Port that
will be used by R & G Sloane Manufacturing company, Inc.)
and the Resolution was read in its entirety. There was a motion
and second by Directors Lewellen and Dailey, respectively, that
the Resolution be adopted, and the Resolution was adopted by
unanimous voice vote of the members of the Board of Directors
present.
Mayor Priest announced that a proposed Resolution entitled:
"A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH R & G SLOANE MANUFACTURING COMPANY, INC. TO
INDEMNIFY THE CITY OF LITTLE ROCK FOR COSTS OR DAMAGES THAT MAY
ARISE PURSUANT TO THE CITY'S CONTRACT FOR DESIGN, CONSTRUCTION
AND RELATED SERVICES" was removed from the Agenda.
The last matter to be considered was Resolution No. 8,679,
described as:
A RESOLUTION APPOINTING MR. RALPH L. WHITE TO THE BOARD OF
COMMISSIONERS OF LITTLE ROCK MUNICIPAL WATER WORKS.
(To fill the unexpired term of Mr. Russell H. Matson, Jr., said
term expiring October 31, 1993.)
Director Lewellen again asked that the Resolution be deferred.
(See Minutes of March 3, 1992 - Resolution was deferred at the
request of Director Lewellen.) He expressed concern regarding
the number of members and how they are appointed as well as the
fact that there has never been a female on the Commission, and
that the members have usually lived west of University Avenue.
Other City Directors pointed out that State Statutes mandate that
the Water Commission shall be composed of three citizens and that
a successor commissioner shall be appointed by the two remaining
members subject to approval of the Board of Directors. (A.C.A 14-
234 -303 & 304.) Board members were generally agreeable to
reviewing the expansion of the Commission, but felt that was a
separate issue and were opposed to further delay in making the
appointment to fill the unexpired term of Mr. Russell H. Matson,
Jr. Following the lengthy discussion, the Resolution was read
in full. There was a motion and second by Directors Dailey and
Catlett, respectively, that the Resolution be adopted. The
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056 Minutes
March 17, 1992
Resolution was adopted by an Aye and No Vote as follows: Ayes -
Director Roy, Hollingsworth, Dailey, Catlett and Mayor Priest -
total 5; Noes - Director Lewellen - total 1; Absent - Director
Shackelford - total 1.
There being no further business to be presented, the Board
of Directors recessed at 8:10 o'clock P.M. to reconvene on
Wednesday, April 1, 1992, at 1:30 o'clock P.M. for a public
hearing and Ordinance authorizing the issuance of refinancing
bonds for the City of Little Rock, Arkansas, Health Care
Facilities Board (Baptist Medical Center) - Parkway Village
Project.
ATTEST:
City Clerk Robbie Hancock
5
APPROVED:
a
Mayor Sharon Priest