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08-18-92136 Board of Directors Chamber Little Rock, Arkansas August 18, 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 and Dailey - total 4; Absent - Directors Shackelford and Catlett - total 2. Mayor Priest announced that a quorum was present and the proceedings of the meeting are recorded as follows. The Invocation was given by Director Dailey. The Consent Agenda was the first presentation, consisting of the following items: (a) The Minutes of the previous meeting held August 4, 1992. (b) The Comparative Statement of Income Account for the Little Rock Municipal Water Works for the month of June, 1992. (c) Resolution No. 8,760, entitled: A RESOLUTION REAFFIRMING EQUAL EMPLOYMENT PRACTICES AND POLICIES FOR THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. (d) Resolution No. 8,761, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO APPEAL A DENIAL FOR A CONDITIONAL USE PERMIT BY SECOND GENESIS TO THE CITY OF LITTLE ROCK, ARKANSAS (Z- 5574). (September 1, 1992.) (e) Resolution No. 8,762, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON A PETITION TO VACATE A PUBLIC UTILITY EASEMENT IN LOT 5 OF TRIANGLE PROPERTIES INDUSTRIAL DISTRICT OF THE CITY OF LITTLE ROCK, ARKANSAS. (September 1, 1992.) (f) Resolution No. 8,763, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF EMERGENCY VEHICLE WARNING AND SAFETY DEVICES FOR THE DEPARTMENT OF GENERAL SERVICES, FLEET SERVICES DIVISION. (g) Resolution No. 8,764, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR CDBG STREET LIGHTING IMPROVEMENTS ON EAST 17TH STREET FROM CUMBERLAND TO VANCE STREETS FOR THE DEPARTMENT OF NEIGHBORHOODS AND PLANNING. (Township Builders - not to exceed $45,535.) (h) Resolution No. 8,765, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PUBLIC FINANCIAL MANAGEMENT, INC. TO ACT AS FINANCIAL ADVISOR FOR A SERIES OF PROPOSED LANDFILL BOND ISSUES. 1 Minutes August 18, 1992 137 (i) Resolution No. 81766, entitled: A RESOLUTION AUTHORIZING THE CITY TO EXECUTE A CONTRACT FOR DESIGN, ENGINEERING, CONSTRUCTION DOCUMENTS AND OBSERVATION FOR OUTDOOR FACILITIES AT THE WAR MEMORIAL FITNESS CENTER, A 1988 CAPITAL IMPROVEMENT BOND PROJECT. (ETC Engineers /MESA - $64,500.) (j) Resolution No. 8,767, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR REAL ESTATE APPRAISAL SERVICES FOR RIGHT -OF -WAY ACQUISITION ASSOCIATED WITH THE ASHER AVENUE WIDENING PROJECT. (Richard Stephens & Associates - $45,000.) (k) Resolution No. 8,768, with the title being: A RESOLUTION APPROVING CONVEYANCE OF LAND. ACTUAL CONVEYANCE SUBJECT TO BNP AND SLOANE EXECUTING A DEFINITIVE LEASE AGREEMENT FOR THE SITE AND IMPROVEMENTS. (100 acre site in Little Rock Port Industrial Park.) (1) Resolution No. 8,769, entitled: A RESOLUTION APPROVING THE TRANSFER AND ASSIGNMENT OF ALL CONSTRUCTION AGREEMENTS TO BNP AND BNP'S ASSUMPTION OF THE CITY'S OBLIGATIONS UNDER THE AGREEMENTS. (RE: R &G Sloane Manufacturing Company, Inc.) (m) Resolution No. 8,770, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO TAKE ALL APPROPRIATE STEPS TO OBTAIN FEDERAL FUNDS TO MATCH WITH CITY FUNDS, TO PAY FOR THE REMOVAL OF BILLBOARDS WITHIN THE CITY; AND FOR OTHER PURPOSES. (Also dismiss appeal of CLR v. Donrey, et al, Ark. Supreme Court No. 92 -697.) (Director Shackelford enrolled at 6:15 o'clock P.M.) Upon motion by Director Dailey and second by Director Roy, 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 previous meeting held August 4, 1992, were approved as written and summarized to members of the Board of Directors; (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of June, 1992, was received and filed; and (c, d, e, f, g, h, i, j, k, 1 and m) Resolutions No. 8,760, 8,761, 8,762, 8,763, 8,764, 8,765, 8,766, 8,767, 8,768, 8,769 and 8,770 were read and adopted by unanimous voice vote of the Board Members present. Mr. Rick Barger made a presentation to Mayor Priest and the Board of Directors on behalf of Mr. Reggie Corbitt and the Little Rock Wastewater Utility. He presented two award plaques which are duplicates of those that Wastewater Utility received in late 1991. The first award was from the Environmental Protection Agency (EPA) for Industrial Pretreatment Excellence, which is a regional award for five states, and Little Rock won in 1989 and 1991. The second plaque represented the Three Year Compliance Award for 1989 through 1991, and Little Rock was the only City in five states to receive the award. Mayor Priest stated she wanted the plaques to be hung in City Hall so that citizens would be aware of the awards. At the time allotted for Citizen Communications, Mr. Barry Haas, 3900 Doral Drive, representing the Save the Parks Steering Committee, spoke to the Board of Directors regarding the extension of Rebsamen Park Road. He read a prepared statement in which he stated that citizens were gathering signatures on a petition to place the issue of the extension of Rebsamen Park K 138 Minutes August 18, 1992 Road on the ballot for the November 3, 1992 General Election. He said the group had the number of signatures legally required to mandate a vote on this controversial issue, but will continue to gather signatures until time to turn in the petition to the City Clerk on September 4. Mr. Haas said he believed the Rebsamen Park Road extension will seriously damage or destroy the integrity and essence of the parks along the river and the issue will not go away on its own. He stated the Steering Committee was offering Board Members the opportunity to be part of the process and encouraged the Board of Directors to get involved and be a part of the solution of this controversial issue. Following comments from Board Members, City Attorney Tom Carpenter stated there is some support for the proposition that what is attempting to be referred here is a vote that has already been referred to the people. If that is the case, certain jurisdictions have held that those are not referable. He is not sure that this petition is one that can be referred. He also cautioned that the City has let a contract and undertaken some contractual liability on the part of the City in this process. Board referral could very well constitute a breach of contract and subject the City to liability. The next speaker at Citizen Commun: David Fletcher, President of Forest Association, who thanked Board Members Memorial Fitness Center and urged the priority on getting the outdoor swimming summer. Lcations time was Mr. Hills Neighborhood for funding the War Board to place high pool open early next Consideration was then given to Ordinance No. 16,260, entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A DEFERRAL OF SIDEWALK CONSTRUCTION REQUIREMENTS. (5 -953 - To defer sidewalk construction along West 65th Street between the Union Pacific Railroad right -of -way and South University Avenue for a period not to exceed 60 days from the effective date of the Ordinance.) Mr. Gene Hoover, Chief Executive Officer of Hoover Oil Company, Pine Bluff, Arkansas, asked that sidewalk construction be deferred until the property is developed or until a fixed time. Upon question, Mr. Hoover requested a 90 day deferral. City Attorney Tom Carpenter recommended that Subsection (a) of Section 1 of the proposed Ordinance be changed to delete the phrase "north side of the street and that the deferral be attached to Phase 2 of the project which will involve construction of a building" and to insert the phrase "for a period not to exceed sixty (60) days from the effective date of this Ordinance." (Note: The Ordinance becomes effective in thirty days.) The Board Members generally agreed to the extension and the Ordinance was read the first time. The rules were suspended and the Ordinance was placed on second reading by motion of Director Lewellen, seconded by Director Roy, which was unanimously adopted by the Board Members 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 Roy and seconded by Director Lewellen, to further suspend the rules and place the Ordinance on third and final reading. With the Ordinance having been unanimously adopted by the Board Members 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 resulting Aye and No Vote taken on passage of the Ordinance is herein recorded as follows: Ayes - Director Dailey, Mayor 3 i Minutes August 18, 1992 139 Priest, Directors Roy, Hollingsworth, Lewellen and Shackelford - total 6; Noes - None; Absent - Director Catlett - total 1. Therefore, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 8,755, and notice thereof duly published on August 11, 1992, and August 18, 1992, on the petition filed by Mr. James Gilliam, et al, to vacate and close Zion Street between 40th and 41st Streets, abutting Lots 7, 8 and 9, Block 68 and Lots 4, 5 and 6, Block 93, John Barrow Addition to the City of Little Rock, Arkansas. The Planning Commission approved the closing on June 30, 1992. Attached to the petition was a certified copy of the plat of John Barrow Addition on file in the Pulaski County Circuit Clerk's Office and a letter from Beach Abstract & Guaranty Company certifying the names of the last owners of record to the abutting property. Mayor Priest declared the public hearing open. There was no one present to speak in opposition to the proposed street closing. Mayor Priest declared the public hearing closed, and Ordinance No. 16,261 was presented, entitled: AN ORDINANCE VACATING AND CLOSING THE NORTH HALF OF ZION STREET BETWEEN 40TH AND 41ST STREETS, ABUTTING BLOCKS 68 AND 93, JOHN BARROW ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; (Zion Street between 40th and 41st Streets, abutting Lots 7, 8 and 9 of Block 68 and Lots 4, 5 and 6 of Block 93, John Barrow Addition to the City of Little Rock, Arkansas.) and said Ordinance was read the first time, followed by a motion by Director Hollingsworth to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Lewellen and unanimously adopted by the Board Members 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 followed. The rules were again suspended and the Ordinance placed on third and final reading by motion made and seconded by Directors Dailey and Hollingsworth, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. Following the third and last reading of the Ordinance, there was an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the response being: Ayes - Director Dailey, Mayor Priest, Directors Roy, Hollingsworth, Lewellen and Shackelford - total 6; Noes - None; Absent - Director Catlett - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 16,262, described as: AN ORDINANCE APPROPRIATING $950,000 FROM THE CITY'S EXCESS INTEREST EARNINGS ACCOUNT OF THE 1988 CAPITAL IMPROVEMENT BOND FUND; ($400,000 for repair and replacement of neighborhood streets; $550,000 for construction of an outdoor pool and recreation facilities at War Memorial Fitness Center.) with the Ordinance being read the first time. The rules were then suspended and the Ordinance placed on second reading by motion from Director Lewellen, seconded by Director Shackelford, which was 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. Upon second reading of the Ordinance, there was a subsequent motion made by Director Roy that the rules be further suspended and the Ordinance be placed on third and final reading. Director Dailey seconded the motion, which 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. A third and 4 140 Minutes August 18, 1992 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 - Director Dailey, Mayor Priest, Directors Roy, Hollingsworth, Lewellen and Shackelford - total 6; Noes - None; Absent - Director Catlett - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,263, with the title being: AN ORDINANCE AMENDING CHAPTER 17, ARTICLE II OF THE LITTLE ROCK CITY CODE, 1988, PERTAINING TO LICENSE AND PRIVILEGE TAXES; with the Ordinance being read the first time. The rules were then suspended and the Ordinance placed on second reading by motion from Director Lewellen, seconded by Director Shackelford, which was 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. Upon second reading of the Ordinance, there was a subsequent motion made by Director Roy that the rules be further suspended and the Ordinance be placed on third and final reading. Director Dailey seconded the motion, which 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. 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 - Director Dailey, Mayor Priest, Directors Roy, Hollingsworth, Lewellen and Shackelford - total 6; Noes - None; Absent - Director Catlett - total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 16,264, entitled: AN ORDINANCE APPROPRIATING FUNDS FROM THE CITY'S ECONOMIC DEVELOPMENT FUND FOR IMPROVEMENTS AT THE LITTLE ROCK PORT INDUSTRIAL PARK; AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS TO THE LITTLE ROCK PORT AUTHORITY; AND FOR OTHER PURPOSES; ($1,500,000 for improvements to site to be purchased and utilized by R &G Sloane Manufacturing Company, Inc.) with the Ordinance being read the first time. The rules were then suspended and the Ordinance placed on second reading by motion from Director Lewellen, seconded by Director Shackelford, which was 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. Upon second reading of the Ordinance, there was a subsequent motion made by Director Roy that the rules be further suspended and the Ordinance be placed on third and final reading. Director Dailey seconded the motion, which 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. 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 - Director Dailey, Mayor Priest, Directors Roy, Hollingsworth, Lewellen and Shackelford - total 6; Noes - None; Absent - Director Catlett - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,265, described as: AN ORDINANCE AUTHORIZING THE PURCHASE OF A RESIDENTIAL STRUCTURE AT 5623 VALLEY DRIVE; AUTHORIZING THE EXPENDITURE OF $25,000 TO REMODEL THE STRUCTURE FOR USE AS A NEIGHBORHOOD ALERT CENTER; AND FOR OTHER PURPOSES; 5 Minutes August 18, 1992 141 with the Ordinance being read the first time. The rules were then suspended and the Ordinance placed on second reading by motion from Director Lewellen, seconded by Director Shackelford, which was 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. Upon second reading of the Ordinance, there was a subsequent motion made by Director Roy that the rules be further suspended and the Ordinance be placed on third and final reading. Director Dailey seconded the motion, which 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. 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 - Director Dailey, Mayor Priest, Directors Roy, Hollingsworth, Lewellen and Shackelford - total 6; Noes - None; Absent - Director Catlett - total 1. The Emergency Clause contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Director Dailey, Mayor Priest, Directors Roy, Hollingsworth, Lewellen and Shackelford - total 6; Noes - None; Absent - Director Catlett - total 1. Whereupon, the Ordinance together with the Emergency Section was declared PASSED. Ordinance No. 16,266 was then presented, with the title being: AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BLUE CROSS AND BLUE SHIELD OF ARKANSAS TO PROVIDE INSURANCE COVERAGE TO QUALIFIED LITTLE ROCK STUDENTS FOR DRUG AND ALCOHOL ABUSE TREATMENT; WAIVING COMPETITIVE BIDDING; AND FOR OTHER PURPOSES; (Fighting Back Program) with the Ordinance being read the first time. The rules were then suspended and the Ordinance placed on second reading by motion from Director Lewellen, seconded by Director Shackelford, which was 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. Upon second reading of the Ordinance, there was a subsequent motion made by Director Roy that the rules be further suspended and the Ordinance be placed on third and final reading. Director Dailey seconded the motion, which 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. 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 - Director Dailey, Mayor Priest, Directors Roy, Hollingsworth, Lewellen and Shackelford - total 6; Noes - None; Absent - Director Catlett - total 1. The Emergency Clause contained in Section 4 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Director Dailey, Mayor Priest, Directors Roy, Hollingsworth, Lewellen and Shackelford - total 6; Noes - None; Absent - Director Catlett - total 1. Whereupon, the Ordinance together with the Emergency Section was declared PASSED. Consideration was then given to Ordinance No. 16,267, 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; Mr. Jim Winger, 4409 Northedge Road, owner of the condemned property at 2015 Wolfe Street, asked the Board of Directors for 2 142 Minutes August 18, 1992 an extension. He explained that he received notification in June and since then had been in contact with Mr. Doug Waldron in the Department of Neighborhoods and Planning regarding the condition of the property. Mr. Winger stated he had cleaned up the property and boarded up the house and then learned the house was scheduled to be torn down. He has been working with First Commercial Bank in an effort to find a buyer to bring the house up to Code. Mr. Winger asked that the order to tear down the building be rescinded. Mr. Jim Lawson, Director of the Department of Neighborhoods and Planning, stated there was a long file on the house and that staff has been working with the property owner since 1979, and now the building is unsafe. One concern is the pigeon droppings inside the house. Mr. Winger responded by saying, "The pigeon droppings were not an issue until today and will be cleaned up." There was a lengthy discussion among Board Members regarding boarded -up buildings and deteriorating neighborhoods, as well as granting waivers or time extensions on property that has been condemned. Following the lengthy discussion, Board Members generally agreed to grant a sixty (60) day extension for the property at 2015 Wolfe Street. The next speaker was Ms. Cheryl Evans, 3119 Izard Street, who is interested in obtaining the property at 2908 Izard Street, which is listed in the condemnation ordinance. She would like to acquire the house and renovate it, but has been unable to contact all of the heirs. Mr. Jim Lawson, Director of Neighborhoods and Planning, stated staff would like to work with Ms. Evans in rehabilitating the house and had no objection to an administrative extension. Board Members generally agreed to a sixty (60) day administrative extension for the property at 2908 Izard Street. Director Dailey asked the City Manager to provide a report on how many houses have been boarded up and how many have been demolished in the last two (2) years. The Ordinance was then read the first time. The rules were suspended and the Ordinance placed on second reading by motion from Director Lewellen and seconded by Director Shackelford, which was 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. Upon second reading of the Ordinance, there was a subsequent motion made by Director Shackelford that the rules be further suspended and the Ordinance placed on third and final reading. Director Dailey seconded the motion, which 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. A third and last reading of the Ordinance ensued, followed by an Aye and No Vote taken on the question, Shall the Ordinance pass, with the response being: Ayes - Director Dailey, Mayor Priest, Directors Roy, Hollingsworth, Lewellen and Shackelford - total 6; Noes - None; Absent - Director Catlett - 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 - Director Dailey, Mayor Priest, Directors Roy, Hollingsworth, Lewellen and Shackelford - total 6; Noes - None; Absent - Director Catlett - total 1. Whereupon, the Ordinance together with the Emergency Section was declared PASSED. At 7:50 o'clock P.M. Mayor Priest announced that the Board of Directors would recess to Executive Session to consider appointments. When the Board of Directors reconvened at 8:15 o'clock P.M. from Executive Session, Mayor Priest presided and the following Directors were present: Directors Roy, Hollingsworth, Lewellen and Dailey - total 4; Absent - Directors Shackelford and Catlett total 2. 7 Minutes August 18, 1992 Resolution No. 8,771 was then presented, with the title being: A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE ARKANSAS ARTS CENTER BOARD OF TRUSTEES; (Appointed Ark Monroe, III, George O'Conner, Jack Williams, James H. Atkins and Gayle Corley; Reappointed Douglas Buford and Patricia Gray.) and there was a complete reading of the Resolution. A motion was made by Director Dailey and seconded by Director Hollingsworth that the Resolution be adopted. The Resolution was adopted by unanimous voice vote of the Board Members present. There being no further business to be presented, the Board of Directors adjourned at 8:20 o'clock P.M. to meet again in regular session on Tuesday, September 1, 1992, at 6:00 o'clock P.M. ATTEST: aalz-�, Oa-fa 4:� City Clerk Robbie Hancock 0 325&6� gc�� Mayor Sharon Priest 143