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03-17-92052 9 tM1, ,4 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 1 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 2 054 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 3 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 4 056 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