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04-21-92070 Board of Directors Chamber Little Rock, Arkansas April 21, 1992 - 6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Priest presiding. City Clerk Robbie Hancock called the roll with the following Directors present: 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 Lewellen. The Consent Agenda was then presented, consisting of the following items: (a) The approval of the Minutes of the previous meeting held April 7, 1992, was deferred until next meeting at the request of City Clerk Robbie Hancock. (b) The 1991 Audit Report of the Little Rock Regional Airport. (c) Resolution No. 81688, entitled: A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN EASEMENT AGREEMENT WITH BROWNING - FERRIS INDUSTRIES OF ARKANSAS, INC., FOR THE LOCATION OF THREE GROUNDWATER MONITORING WELLS ON CITY PROPERTY. (d) Resolution No. 8,689, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE CERTAIN STREETS AND ALLEYS IN FAIRVIEW ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (May 5, 1992.) (e) Resolution No. 8,690, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF SPECIALIZED HEAVY EQUIPMENT REPAIR SERVICES; MACK REPAIR PARTS; 3 REFUSE PACKER TRUCKS; AND REPAIR PARTS FOR THE DEPARTMENT OF GENERAL SERVICES /FLEET SERVICES DIVISION. (f) Resolution No. 8,691, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR DENNISON STREET IMPROVEMENTS (CDBG) FOR THE DEPARTMENT OF NEIGHBORHOODS AND PLANNING. (Allen & Hampton Construction in the amount of $45,945.) (f) Resolution No. 8,692, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE ROOSEVELT ROAD AND BOND STREET TRAFFIC SIGNAL UPGRADE. (LEG Enterprises, Inc. in the amount of $53,211.25.) 4 i 1 Minutes April 21, 1992 71 (g) Resolution No. 8,693, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO CONSTRUCT INTERSECTION IMPROVEMENTS AND RESIGNALIZE THE INTERSECTION OF GEYER SPRINGS ROAD AND 65TH STREET. (Construction Management & Maintenance, Inc. in the amount of $213,360.77.) (h) Resolution No. 8,694, with the title being: _ A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR TRAFFIC SIGNAL INSTALLATIONS AT WEST MARKHAM STREET AND ST. VINCENT DRIVE AND AT 7TH STREET AND BATTERY. (LEG Enterprises, Inc. - in an amount not to exceed $85,894.85.) (i) Resolution No. 8,695, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO REIMBURSE LITTLE ROCK WASTEWATER UTILITY FOR SANITARY SEWER RELOCATIONS FOR THE FOURCHE CREEK PROJECT, PHASE VI. ($32,932.28) (j) Resolution No. 8,696, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE FUNDS FROM THE 1988 CAPITAL IMPROVEMENT BOND FUND FOR THE WIDENING OF WEST 7TH STREET FROM WOODLAWN STREET TO BATTERY STREET; AND AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO L. R. MOURNING COMPANY, INC. FOR CONSTRUCTION OF THIS PROJECT. ($187,683) (k) Resolution No. 8,697, described as: A RESOLUTION ALLOCATING $143,000 FROM THE PARKS AND PUBLIC WORKS RESERVE ACCOUNT TO THE 28TH AND UNIVERSITY AVENUE SPECIAL PROJECTS ACCOUNT; AND AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO CONSTRUCT IMPROVEMENTS AND RESIGNALIZE THE 28TH STREET AND UNIVERSITY AVENUE INTERSECTION. (Construction Management & Maintenance, Inc. in an amount not to exceed $263,245.54.) By motion from Director Roy, seconded by Director Lewellen, which was adopted by unanimous voice vote of the Board Members present, the Consent Agenda was dispensed with as follows: (a) The approval of the Minutes of the previous meeting held April 7, 1992, was deferred until May 5, 1992; (b) The 1991 Audit Report of the Little Rock Regional Airport was received and filed; and (c, d, e, f, g, h, i, j, k and 1) Resolutions No. 8,688, 8,689, 8,690, 8,691, 8,692, 8,693, 8,694, 8,695, 8,696 and 8,697 were read in full and adopted by unanimous voice vote of the Board Members present. Mayor Priest recognized and welcomed Trey Walker, a member of Boy Scout Troop 22, First Baptist Church. Director Roy presented a Fitness for Life T -Shirt and a Rey to the City to Dr. Lu Wei from Beijing, Peoples Republic of China, an ophthalmologist with the World Vision Project. At the time allotted for Citizens Communications, Municipal Traffic Judge William W. Watt addressed the Board of Directors regarding curfew and distributed copies of existing survey data related to juvenile and parent activity. He also discussed gang /drive -by activity; future legislative package for the 1993 session; and programs for summer 1992 for impact on street activity -court initiated. He stated the bulk of the juvenile crime problem is the breakdown in the family unit and that a minority of youth cause a majority of the problem. He also discussed a Court Order he had issued regarding the impoundment of vehicles driven by minors involved in traffic violations. 2 072 Minutes April 21, 1992 Zoning Application Z- 2934 -D filed by Mr. James L. Brettell for Bible Doctrine Church of Little Rock, to rezone 9603 Tall Timber Boulevard from 11R -2" Single- family District to 110-1" Quiet Office and "OS" Open Space Districts was introduced. (This Zoning Case was discussed at the April 7, 1992 Board of Directors Meeting, and the Ordinance was deferred at the request of Mr. Bob Bonds, project engineer for Bible Doctrine Church of Little Rock, in order for the church to consider the conditions that Staff had recommended: (1) a 30' landscaped buffer and (2)'prohibit access to Tall Timber Boulevard.) The Ordinance for consideration at this time contained the requirement for a 30' buffer adjacent to Tall Timber Boulevard and permitted one curb cut on Tall Timber Boulevard. Mr. Bonds, project engineer for Bible Doctrine Church of Little Rock, stated he agreed with the conditions. Consideration was then given to Ordinance No. 16,201, 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; (2- 2934 -D - To rezone 9603 Tall Timber Boulevard (long legal description) from 11R -2" Single - family District to 110-1" Quiet Office District.) and said Ordinance was read the first time, followed by a motion by Director Lewellen, seconded by Director Dailey, that the rules be suspended and the Ordinance be placed on second reading. The motion was adopted by unanimous vote of 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, and a second reading of the Ordinance ensued. A motion was then made for further suspension of the rules to provide for the third and last reading of the Ordinance, with the motion being made by Director Dailey, seconded by Director Hollingsworth, and 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. A roll call vote was then taken on passage of the Ordinance with the response being: Ayes - Directors Lewellen, Dailey, Catlett, Mayor Priest, Directors Roy and Hollingsworth - total 6; Noes - None; Absent - Director Shackelford - total 1. The Ordinance was declared PASSED. A proposed Ordinance entitled: "AN ORDINANCE ESTABLISHING RIVER RIDGE POINTE MUNICIPAL PROPERTY OWNERS IMPROVEMENT DISTRICT NO. 2 OF LITTLE ROCK, ARKANSAS" was withdrawn from the Agenda prior to the meeting at the request of Mr. Brad Walker. Consideration was then given to Ordinance No. 16,202, entitled: AN ORDINANCE CONDEMNING CERTAIN STRUCTURES IN THE CITY OF LITTLE ROCK AS STRUCTURAL, FIRE AND HEALTH HAZARDS; PROVIDING FOR SUMMARY ABATEMENT PROCEDURES; DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID STRUCTURES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and said Ordinance was read the first time, followed by a motion by Director Lewellen, seconded by Director Dailey, that the rules be suspended and the Ordinance be placed on second reading. The motion was adopted by unanimous vote of 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, and a second reading of the Ordinance ensued. A motion was then made for further suspension of the rules to provide for the third and last reading of the Ordinance, with the motion being made by Director Dailey, seconded by Director Hollingsworth, and 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 3 Minutes April 21, 1992 Directors - elect. The Ordinance was read the third and last time. A roll call vote was then taken on passage of the Ordinance with the response being: Ayes - Directors Lewellen, Dailey, Catlett, Mayor Priest, Directors Roy and Hollingsworth - total 6; Noes - None; Absent - Director Shackelford - total 1. The Emergency Clause contained in Section 5 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Lewellen, Dailey, Catlett, Mayor Priest, Directors Roy and Hollingsworth - total 6; Noes - None; Absent - Director Shackelford - total 1. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. A public hearing had been scheduled for this time to consider an Ordinance providing for the imposition of an emergency curfew for minors within the City of Little Rock. Mayor Priest declared the public hearing open and asked City Attorney Tom Carpenter to explain the provisions of the Ordinance. Mr. Carpenter explained that the Ordinance has been designed to provide a mechanism to call an emergency curfew if a situation develops. He reviewed each section of the Ordinance, and noted that Section 8 has been amended regarding the notice of the curfew. Section 8 states ". . . Notice shall be deemed to be accomplished by publishing a notice in a daily local newspaper and by issuing appropriate public statements to local radio and television stations for immediate release." He suggested that the phrase "shall be deemed to be accomplished" be changed to "may be accomplished" and the phrase "and by issuing" be changed to "or by issuing." There was some discussion among Board Members regarding the notice requirement. Following Mr. Carpenter's explanation, City Manager Tom Dalton advised Board Members that the curfew ordinance was not requested by the Police Department. Those present to speak in support and opposition to the curfew were: Tony Allen, William Thompson, Dale Charles, Melvin Moss and Kim Bertram. All were concerned about juvenile crime, but some had problems with the curfew, noting that the problem is much larger than the curfew and everyone needs to get involved in finding positive solutions. Mayor Priest declared the public hearing closed, and consideration was given to a proposed Ordinance, described as: AN ORDINANCE PROVIDING FOR THE IMPOSITION OF A CURFEW FOR MINORS WITHIN THE CITY OF LITTLE ROCK, ARKANSAS, TO BE IMPOSED DURING CERTAIN SPECIFIED SITUATIONS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. Mayor Priest announced that the Ordinance would be left on the calendar for second readina on Mav 5. 1992. A public hearing had been scheduled for this time to consider an Ordinance providing for the suspension of special activities directed toward minors within the City of Little Rock. Mayor Priest declared the public hearing open and asked City Attorney Tom Carpenter to explain the provisions of the ordinance. Mr. Carpenter explained that this ordinance was drafted because of concerns expressed about shootings that occurred at teen night activities at local establishments. This will allow the Police Chief to stop activities directed toward minors at local establishments for a period up to 90 days when violence occurs or is about to occur. Upon question, Police Chief Caudell stated that he does support this Ordinance. Following a lengthy discussion, the proposed Ordinance was presented, entitled: AN ORDINANCE PROVIDING FOR THE SUSPENSION OF SPECIAL ACTIVITIES DIRECTED TOWARD MINORS; TO PROVIDE FOR A PERMIT TO RESUME SUCH ACTIVITIES IF A SUSPENSION SHOULD RESULT; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; 4 N rn i a 0 w U) 0 4J a� 0 73 074 Minutes April 21, 1992 and the Ordinance was read the first time. Mayor Priest announced that the Ordinance would be left on the calendar for second reading on May 5, 1992. There being no further business to be presented, the Board of Directors adjourned at 8:25 o'clock P.M. to meet again in regular session on Tuesday, May 5, 1992, at 6:00 o'clock P.M. ATTEST: APPROVED: CITY CLERK ROBBIE HANCOCK MAYOR SHARON PRIEST 5