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05-05-92NOTE: Prior to the Board of Directors Meeting, Mayor Priest read a Proclamation proclaiming May 5, 1992, National Youth Services Day and presented Certificates of Appreciation to 21 junior and senior high school students for their contributions to helping others. Board of Directors Chamber Little Rock, Arkansas May 5, 1992 - 6:30 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 Shackelford. The first matter to be presented was the Consent Agenda, consisting of the following items: (a) The approval of the Minutes of the previous meetings held April 7, 1992 and April 21, 1992. (b) The 1991 Annual Report of the City of Little Rock, Arkansas Residential Housing and Public Facilities Board. (c) The 1991 Audit Report of the Little Rock Municipal Water Works. (d) Resolution No. 8,698, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF REFLECTIVE MARKING COMPOUND, REFLECTIVE SIGN SHEETING MATERIAL, SIGN BLANKS AND CHANNEL IRON POSTS FOR THE PUBLIC WORKS DEPARTMENT; A TRAILER MOUNTED BRUSH CHIPPER, A TRAILER MOUNTED STUMP GRINDER, AND TRUCK AND OFF -ROAD TIRES FOR THE DEPARTMENT OF GENERAL SERVICES /FLEET SERVICES DIVISION; AND AN ANNUAL CONTRACT FOR THE LEASE OF A COPIER FOR THE CITY MANAGER'S OFFICE. (e) Resolution No. 8,699, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE FUNDS FROM THE 1988 CAPITAL IMPROVEMENT FUND FOR THE CAPITAL AVENUE STREETSCAPE MASTER PLAN; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. FOR THE CAPITAL AVENUE DESIGN AND ENGINEERING CONSULTANT CONTRACT. (f) Resolution No. 8,700, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF FURNITURE FOR THE UNIVERSITY PARK ADULT CENTER. (g) Resolution No. 8,701, entitled: A RESOLUTION AUTHORIZING AN EXPENDITURE OF $177,562.48 FOR THE EAST LITTLE ROCK COMMUNITY COMPLEX FROM THE NEIGHBORHOOD HOUSING SERVICES ACCOUNT. 1 75 076 Minutes May 5, 1992 By a motion from Director Lewellen, seconded by Director Dailey, which was adopted by unanimous vote of the Board Members present, the Consent Agenda was dispensed with as follows: (a) The Minutes of the Board of Directors Meeting held on April 7, 1992 and April 21, 1992 were approved as written and distributed to members of the Board of Directors; (b) the 1992 Annual Report of the City of Little Rock, Arkansas Residential Housing and Public Facilities Board was received and filed; (c) the 1991 Audit Report of the Little Rock Municipal Water Works was received and filed; and (d, e, f and g) Resolutions No. 8,698, 8,699, 8,700 and 8,701 were read in full and unanimously adopted by the Board Members present. At the time allotted for Citizens Communication, Mrs. Kathy Wells, Vice President of the Coalition of Little Rock Neighborhoods, presented Board Members with a list of recommendations that would help fight crime to be included in the expenditure of $2,000,000 recently made available ($1,000,000 - Operating Funds; $1,000,000 - Capital Funds). The suggestions for Operating Funds were: - $507,000 for 10 community policemen and $350,000 for street sweeping - total $857,000; Capital Funds: $400,000 for housing fund, $10,000 for computer link between Little Rock Police and Pulaski County Prosecutor, $400,000 for Economic Development Fund, and $50,000 for sidewalks - total $860,000.) Consideration was then given to Agenda Items 11 and 12, providing for the imposition of a curfew for minors and the suspension of special activities directed toward minors, proposed Ordinances entitled: (11) 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. (12) 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. Strong opposition to the curfew ordinance was presented by: R. S. McCullough, Rev. J. E. Booker, Dale Charles, Austin Porter, Jr., Teen Talk Members (Latoya Iloabuchi, Theresa Baker, Shontae Collier, Antoinette Collier, Rochelle Webb), Melvin Moss, Ethel Ambrose, John W. Walker, Michael Booker, and Perlesta A. Hollingsworth. Ms. Ambrose stated she is gravely concerned about crime in the community and the key word is perception - the community sees this as a curfew. Mr. Charles again asked the Board to hold public meetings to get input from young people. Mr. Moss stated he had asked questions and received no answers. He was requested to put his questions in writing. Mr. Walker asked if there had been a situation in the last year where Police Chief Caudell would have declared an emergency. Director Hollingsworth asked Chief Caudell if he supported the Ordinance and if there had been an occasion when he would have declared an emergency and called for a curfew. Chief Caudell responded that he does not support a general curfew but he is in favor of the Ordinance providing for the imposition of a curfew in emergency situations. He also stated that there had been one occasion, maybe two, when a curfew would have been helpful. Mr. Michael Booker had questions regarding the penalty provisions and notice that a curfew had been imposed. City Attorney Tom Carpenter stated that if a child is taken into custody, the child would be taken to juvenile authorities because Municipal Court and Circuit Court have no jurisdiction. Juvenile Code preempts local code and the penalty would be up to Juvenile Court. Mr. P. A. Hollingsworth stated his opposition because the curfew would be enforced primarily in the black community. Board Members were concerned that citizens consider this a general curfew and 2 W NWW 5,, 2"2 emphasized that the Ordinance will only provide for imposing a curfew if an emergency situation occurs. Mayor Priest and Director Shackelford asked that questions and suggestions be submitted in writing to the Board of Directors. At the end of the two hour discussion, Mayor Priest announced that the two ordinances would not be read and would remain on the calendar for second reading on May 19, 1992. (NOTE: The proposed Ordinances were read the first time on April 21, 1992.) Consideration was then given to Zoning Application Z -5497 from David Edwards to reclassify 6020 Young Road from "R -2" Single - family District to 11I -2" Light Industrial District. The request was approved by the Planning Commission on November 5, 1991. There was no opposition to the reclassification and Ordinance No. 16,203 was presented, 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 -5497 - To rezone 6020 Young Road from "R -2" Single - family District to 111 -2" Light Industrial District.) and after a first reading of the Ordinance, there was a motion by Director Dailey, seconded by Director Hollingsworth, 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. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Dailey and Lewellen, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The Aye and No Vote taken on passage of the Ordinance received the following response: Ayes - Directors Shackelford, Dailey, Catlett, Mayor Priest, Directors Roy, Hollingsworth and Lewellen - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. The next presentation was Ordinance No. 16,204, containing the following caption: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PCD DISTRICT TITLED KANIS MINI STORAGE SHORT -FORM (Z- 4653 -B) 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; (Z- 4653 -B - Planned Commercial District titled Ranis Mini Storage Short -Form PCD located at Ranis and Bowman Roads, [long legal description] from "R -2" Single- family District to "PCD" for mini - warehouse.) and after a first reading of the Ordinance, there was a motion by Director Dailey, seconded by Director Hollingsworth, 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. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Dailey and Lewellen, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The Aye and No Vote taken on passage of the Ordinance received the following 77 Minutes May 5, 1992 response: Ayes - Directors Shackelford, Dailey, Catlett, Mayor Priest, Directors Roy, Hollingsworth and Lewellen - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Introduced next was Ordinance No. 16,205, with the title being: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A VARIANCE OF BUILDING SETBACK AND STREET CENTERLINE RADIUS REQUIREMENTS; (S -867 -V - Chenal Valley Subdivision, Blocks 16 and 17 - to permit 20 feet rear yard setbacks and less than the required street centerline radius.) and after a first reading of the Ordinance, there was a motion by Director Dailey, seconded by Director Hollingsworth, 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. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Dailey and Lewellen, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The Aye and No Vote taken on passage of the Ordinance received the following response: Ayes - Directors Shackelford and Dailey, Mayor Priest, Directors Roy, Hollingsworth and Lewellen - total 6; Noes - None; Abstentions - Director Catlett - total 1; Absent - None. The Ordinance was then declared PASSED. A public hearing had been scheduled by Resolution No. 8,688, adopted April 21, 1992, and notice thereof duly published on April 27, 1992, and May 5, 1992, on the petition filed by Mr. Guy Amsler for Minnesota Mining and Manufacturing Company to vacate and abandon the streets and alleys in and contiguous to Blocks 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 of Fairview Addition to the City of Little Rock, Arkansas (Granite Avenue, Oakwood Avenue, Whittington Avenue, Arch Street, Broadway Street, Spring Street, Center Street, Louisiana Street) in order to reduce part of the Fairview Addition platted land to acreage. Attached to the petition was a certified copy of the plat of Fairview Addition on file in the Pulaski County Circuit Clerk's Office, and a letter from Beach Abstract and Guaranty Company listing the last apparent owners of record to abutting property. The petition was approved by the Planning Commission on April 7, 1992. Mayor Priest declared the public hearing open, no opposition was presented, and Mayor Priest declared the public hearing closed and Ordinance No. 16,206 was presented, with the title being: AN ORDINANCE VACATING A PORTION OF THE PLAT OF FAIRVIEW ADDITION TO THE CITY OF LITTLE ROCK AND CLOSING PORTIONS OF THE RIGHT -OF -WAY OF STREETS AND ALLEYS IN AND CONTIGUOUS TO BLOCKS 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, AND 28 ALL IN THE PLAT OF FAIRVIEW ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; (Granite Avenue, Oakwood Avenue, Whittington Avenue, Arch Street, Broadway Street, Spring Street, Center Street and Louisiana Street, and alleys in Fairview Addition as listed above.) with the Ordinance being read the first time. The rules were then suspended to allow for the second reading by motion from Director Roy, seconded by Director Lewellen, and by unanimous vote of the 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. Upon second reading of the Ordinance, ' 4 Minutes May 5, 1992 79 there was a subsequent motion made by Director Roy, seconded by Director Lewellen, that the rules be further suspended and the Ordinance be placed 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 Shackelford, Dailey, Catlett, Mayor Priest, Directors Roy, Hollingsworth and Lewellen - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 16,207, described as: AN ORDINANCE TO AMEND ORDINANCE NO. 16,137 (THE 1992 BUDGET ORDINANCE) APPROPRIATING FUNDS FOR CERTAIN EXPENDITURES; ($18,000 - Roof repairs for Public Works Operations Building; $25,000 - Four HVAC replacements for East Little Rock Community Complex; $97,000 - Twelve HVAC replacements for Municipal Courts Building.) with the Ordinance being read the first time. The rules were then suspended to allow for the second reading by motion from Director Roy, seconded by Director Lewellen, and by unanimous vote of the 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. Upon second reading of the Ordinance, there was a subsequent motion made by Director Roy, seconded by Director Lewellen, that the rules be further suspended and the Ordinance be placed 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 Shackelford, Dailey, Catlett, Mayor Priest, Directors Roy, Hollingsworth and Lewellen - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,208, entitled: AN ORDINANCE TO AMEND ORDINANCE NO. 16,137 (THE 1992 BUDGET ORDINANCE) APPROPRIATING FUNDS FOR CERTAIN EXPENDITURES; AND AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR UNDERGROUND FUEL STORAGE TANK REMOVAL AT 7TH AND BROADWAY; ($80,000 - Contract awarded to RMI, Inc. to remove underground fuel storage tanks at the Traffic Control Center at 7th and Broadway.) with the Ordinance being read the first time. The rules were then suspended to allow for the second reading by motion from Director Roy, seconded by Director Lewellen, and by unanimous vote of the 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. Upon second reading of the Ordinance, there was a subsequent motion made by Director Roy, seconded by Director Lewellen, that the rules be further suspended and the Ordinance be placed 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 Shackelford, Dailey, Catlett, Mayor Priest, Directors Roy, Hollingsworth and Lewellen - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. 5 , r 080 Minutes May 5, 1992 In connection with Ordinance No. 16,209, Mr. FUTURE- Little Rock 8teerin of Directors on the progr stated that chairs of appointed. He He state( thinks this is a wise ex Steering Committee support Mary Means. Mr. Hollings Committee voted unanimou Governance Task Force. ] Steering Committee for th also commended Staff pers done. Director Dailey : process, "I just don't process." Upon question b Tom Dalton explained tha additional $245,000 for allocation /appropriation Resolutions No. 81702 and 81703 and P. A. Hollingsworth, Chairman of the g Committee, made a report to the Board sss made by the Steering Committee and the various task forces have been he is in favor of the budget request .)enditure of funds and noted that the s the contracts with Paul Tischler and worth also reported that the Steering sly to endorse the efforts of the ►irector Shackelford complimented the B arduous task of team building. She :)n Terri Hollingsworth for a job well tated he was not voting against the agree with how we are handling the ( Director Hollingsworth, City Manager t the action taken will allocate an FUTURE- Little Rock, making a total )f $495,000, and will authorize two contracts (1) Paul Tlscnler - $175,000 and (2) Mary Means - $254,000, which will leave $69,000 in the fund for further expenditures. Mr. Dalton also explained the reason City staff can't do some of the things to be done by Tischler & Associates is that none of the information that Tischler is collecting is available all in one location now, and the cost would be the same if done by the City. Mayor Priest spoke in support of the issues, stating "if we are to meet some of the important issues facing the City today, we have got to start meeting problems head on and decide together how we are going to solve these problems." Consideration was then given to Resolution No. 8,702, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH TISCHLER AND ASSOCIATES, INC., FOR THE PURPOSE OF WORKING WITH CITY OFFICIALS, BUSINESS AND NEIGHBORHOOD LEADERS TO DEVELOP GOALS FOR THE FUTURE OF THE CITY OF LITTLE ROCK; (Contract - $174,700.) with the Resolution being read in its entirety. above.) A motion was made by Director Roy Director Lewellen, that the Resolution be Resolution was adopted by the following vote: Shackelford and Catlett, Mayor Priest, Hollingsworth and Lewellen - total 6; Noes - total 1; Absent - None. (See discussion and seconded by adopted. The Ayes - Directors Directors Roy, Director Dailey - The next presentation was Resolution No. 8,703, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MARY MEANS AND ASSOCIATES, INC., FOR THE PURPOSE OF WORKING WITH CITY OFFICIALS, BUSINESS AND NEIGHBORHOOD LEADERS TO DEVELOP GOALS FOR THE FUTURE OF THE CITY OF LITTLE ROCK; (Contract - $253,527.87.) with the Resolution being read in its entirety. above.) A motion was made by Director Roy Director Lewellen, that the Resolution be Resolution was adopted by the following vote: Shackelford and Catlett, Mayor Priest, Hollingsworth and Lewellen - total 6; Noes - total 1; Absent - None. (See discussion and seconded by adopted. The Ayes - Directors Directors Roy, Director Dailey - Introduced next was Ordinance No. 16,209, described as: AN ORDINANCE TO AMEND ORDINANCE NO. 16,137 (1992 BUDGET ORDINANCE) APPROPRIATING FUNDS FOR FUTURE- LITTLE ROCK, DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; N. 4 and Minutes May 5, 1992 M• (Appropriating an additional $245,000 for a total of $495,000.) and the Ordinance was read the first time. (See discussion above.) The rules were then suspended to provide for the second reading of the Ordinance, by a motion made by Director Dailey, seconded by Director Catlett, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect. Upon second reading of the Ordinance there was a subsequent motion made by Director Dailey, seconded by Director Shackelford, that the rules be further suspended and the Ordinance placed 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. A third and last reading of the Ordinance ensued, followed by an Aye and No Vote taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Shackelford and Catlett, Mayor Priest, Directors Roy, Hollingsworth and Lewellen - total 6; Noes - Director Dailey - total 1; Absent - None. The Emergency Clause contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Shackelford, Dailey, Catlett, Mayor Priest, Directors Roy, Hollingsworth and Lewellen - total 7; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Section, was then declared PASSED. Introduced next was Ordinance No. 16,210, described as: 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; -- with the Ordinance being read the first time. The rules were then suspended to allow for the second reading by motion from Director Roy, seconded by Director Lewellen, and by unanimous vote of the 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. Upon second reading of the Ordinance, there was a subsequent motion made by Director Roy, seconded by Director Lewellen, that the rules be further suspended and the Ordinance be placed 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 Shackelford, Dailey, Catlett, Mayor Priest, Directors Roy, Hollingsworth and Lewellen - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 5 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Shackelford, Dailey, Catlett, Mayor Priest, Directors Roy, Hollingsworth and Lewellen - total 7; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Section, was then declared PASSED. Due to the lateness of the hour, the Board of Directors agreed to defer making appointments to various Boards and Commissions until Wednesday, May 13, 1992. There being no further business to be presented, the Board of Directors recessed at 9:30 P.M. to reconvene on Wednesday, May 13, 1992 at 1:30 P.M. to consider appointments to various Boards 7 082 Minutes May 5, 1992 and Commissions and to discuss the Sign Ordinance (billboards) and set parameters for the Task Force. ATTEST: CITY CLERK ROBBIE HANCOCK 8 APPR07ED : MAYOR SHARON PRIEST U