09-01-92144
Board of Directors Chamber
Little Rock, Arkansas
September 1, 1992 - 6:00 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 Hollingsworth,
Lewellen, Shackelford, Dailey and Catlett - total 5; Absent -
Director Roy - total 1.
Mayor Priest announced that a quorum was present and the
proceedings of the meeting are recorded as follows.
The Invocation was given by Director Catlett.
The Consent Agenda was the first presentation, consisting of
the following items:
(a) Approval of the Minutes of the previous meeting held
August 18, 1992.
(b) Resolution No. 81772, entitled:
A RESOLUTION DISSOLVING STREET IMPROVEMENT DISTRICT NO.
634 OF THE CITY OF LITTLE ROCK, AND FOR OTHER PURPOSES. (West
10th Street from Fair Park to University.)
(c) Resolution No. 8,773, with the title being:
RESOLUTION OF THE LITTLE ROCK BOARD OF DIRECTORS
ACCEPTING THE DONATION OF A HISTORIC FOUNTAIN FOR USE BY THE CITY
OF LITTLE ROCK. (Donated by Thomas and Mary McGowan.)
(d) Resolution No. 8,774, described as:
A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION
TO VACATE A PUBLIC UTILITY EASEMENT ON LOTS 619 AND 620 OF ST.
CHARLES ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS.
(September 15, 1992.)
(e) Resolution No. 8,775, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE THE SOUTH ONE -HALF OF THE ALLEY IN
BLOCK 198, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS. (September
15, 1992.)
(f) Resolution No. 8,776, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF TURN -OUT CLOTHING
FOR THE FIRE DEPARTMENT; PAGIS COMPUTER WORKSTATIONS FOR THE
DEPARTMENT OF PUBLIC WORKS AND PAGIS; AND TELEPHONE EQUIPMENT TO
ENHANCE THE CITY'S EXISTING TELEPHONE SYSTEM, FOR THE DEPARTMENT
OF GENERAL SERVICES.
(g) Resolution No. 8,777, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD ANNUAL CONTRACTS FOR THE PURCHASE OF POLICE
UNIFORMS AND ACCESSORIES FOR THE LITTLE ROCK POLICE DEPARTMENT.
(h) Resolution No. 8,778, which appeared on the Agenda as
Item 1, but was added to the Consent Agenda, with the title
being:
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Minutes
September 1, 1992
A RESOLUTION DEFERRING THE APPEAL OF DENIAL OF A CONDITIONAL
USE PERMIT FOR SECOND GENESIS MINISTRIES AT 2212 SOUTH FILLMORE
STREET IN THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER
PURPOSES. (Appeal deferred until October 6, 1992.) Z, ,S,S"7A}
Upon motion by Director Lewellen, seconded by Director Dailey,
which was adopted by unanimous voice vote of the Board Members
present, the Consent Agenda was dispensed with as follows: (a)
The Minutes of the previous Board Meeting held August 18, 1992,
were approved as written and distributed to the members of the
Board of Directors; and (b, c, d, e, f, g and h) Resolutions No.
8,772, 8,773, 8,7741 8,775, 8,776, 8,777 and 8,778 were read in
full and adopted by unanimous voice vote of the Board Members
present.
At the time allotted for Citizens Communication, Mr. Steve
Rostenberg, Director of Central Arkansas Soccer Association
(CASA), addressed the Board of Directors and read a prepared
statement urging the City to contract with CASA to pay for the
actual watering and mowing of the three (3) existing soccer
fields at the CASA soccer complex. Director Hollingsworth
requested information from staff on the Little Rock School
District's contribution to the soccer fields at Henderson Junior
High School, and Director Dailey asked for an estimated cost for
the City of Little Rock to provide the necessary soccer fields to
attract tournaments and to satisfy some of the needs for the
growing interest of soccer in the community.
Mayor Priest announced that a proposed Ordinance entitled:
AN ORDINANCE TO RECLASSIFY 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-
4297-B - To rezone 9.3038 acres on Bowman Road from "MF -18"
Multifamily District to 11R -2" Single - family District) , which
appeared on the Agenda as Item 2, had been withdrawn by the
applicant (Winrock Development) prior to the meeting.
Consideration was then given to Ordinance No. 16,268,
entitled:
AN ORDINANCE AMENDING THE CITY LAND USE PLAN IN THE GEYER
SPRINGS WEST DISTRICT, CHANGING THE SOUTHWEST CORNER OF BASELINE
ROAD AND DAILEY DRIVE TO OFFICE AND FOR OTHER MATTERS;
and the Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion
from Director Dailey and second by Director Lewellen, 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 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 the question, Shall the Ordinance Pass, with the
response being: Ayes - Director Catlett, Mayor Priest, Directors
Hollingsworth, Lewellen, Shackelford and Dailey - total 6; Noes -
None; Absent - Director Roy - total 1. The Ordinance was then
declared PASSED.
A public hearing had been scheduled for this time and place
by Resolution No. 8,763 and notice thereof duly published on
August 25, 1992 and September 1, 1992 on a petition filed by Bill
McClard for Jerry Wayne Morton to vacate and abandon a public
utility easement in Lot 5 of Triangle Properties Industrial
District of the City of Little Rock, Arkansas. Attached to the
petition was a certified copy of the plat on file in the Pulaski
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Minutes
September 1, 1992
County Circuit Clerk's Office and a copy of the Warranty Deed
showing Mr. Morton as owner of the property. Mayor Priest then
declared the public hearing open and with no one present who
wished to speak in opposition to the proposed abandonment, the
public hearing was declared closed, and Ordinance No. 16,269 was
presented, with the title being:
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN LOT 5 OF
TRIANGLE PROPERTIES INDUSTRIAL DISTRICT OF THE CITY OF LITTLE
ROCK, ARKANSAS;
and after a first reading of the Ordinance, there was a motion by
Director Lewellen, 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 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
Lewellen 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 the question, Shall the Ordinance Pass,
with the response being: Ayes - Director Catlett, Mayor Priest,
Directors Hollingsworth, Lewellen, Shackelford and Dailey - total
6; Noes - None; Absent - Director Roy - total 1. The Ordinance
was then declared PASSED.
Consideration was then given to the discussion of the
extension of Rebsamen Park Road and construction of a bridge
across Jimerson Creek to connect Rebsamen Park Road with River
Mountain Road. Speaking in opposition to the extension were Ms.
Nancy Clark, Ms. Ginger McEntire, Ms. Alice Andrews, Mr. Barry
Haas, and Attorney Webb Hubbell. Mr. Haas, spokesman for Save
the Parks Committee, stated he had 5 or 6 additional pages of
signatures on the Initiative Petition (making a total of
approximately 8,304 signatures) which he filed with City Clerk
Robbie Hancock at that time. He urged the Board to place the
initiative on the ballot.
(NOTE: The Initiative Petition entitled: "THE PROHIBITION
OF THE CONSTRUCTION OF A BRIDGE FOR MOTORIZED VEHICULAR TRAFFIC
OVER JIMERSON CREEK BETWEEN RIVER MOUNTAIN ROAD AND REBSAMEN PARK
ROAD AND THE PROHIBITION OF THROUGH TRAFFIC FROM RIVER MOUNTAIN
ROAD TO REBSAMEN PARK ROAD" was filed in the City Clerk's Office
on August 25, 1992. City Attorney Tom Carpenter had advised City
Clerk Robbie Hancock that the initiative petition was not a valid
exercise of the initiative and referendum powers preserved for
the people pursuant to Amendment VII of the Arkansas
Constitution. Therefore, verification of the petitions was not
required. (Legal Opinion No. 92 -014) Based on that opinion,
City Clerk Robbie Hancock notified the petitioners that she would
not be verifying the signatures on the petition. The petitioners
then filed a petition for a writ of mandamus in Pulaski County
Circuit Court, Third Division, compelling the City Clerk to begin
the verification. The hearing was at 10:00 a.m. Tuesday,
September 1, 1992, and Judge John Ward had notified City Attorney
Tom Carpenter by telephone prior to the Board of Directors
meeting that he granted the writ of mandamus.)
Attorney Webb Hubbell, representing the Save The Parks
Committee, told Board members that the people want one thing -
the chance to vote. He then asked the Board of Directors to do
two things: (1) Stop the litigation, tell the City Attorney "no
appeals ", and let City Clerk Robbie Hancock verify the petition;
and (2) Be a part of the solution, not the problem, join the
people and put the issue on the ballot, and stop the litigation.
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Minutes
September 1, 1992
Speaking in opposition to the petition and support for the
extension of Rebsamen Park Road were Mr. Richard Brittain, 503 E.
6th St., Apt. 309, and Mr. Brad Walker, 1500 Riverfront Drive,
#118. Both urged the Board of Directors to reject the proposal
and continue the extension of Rebsamen Park Road and the
construction of the bridge over Jimerson Creek.
Board members then discussed the issue. Director Dailey
urged the Board to instruct City Attorney Tom Carpenter to drop
the appeal of Judge Ward's decision. Director Shackelford,
Director Catlett, and Mayor Priest stated they were not prepared
to make a decision until they had read Judge Ward's opinion, and
expressed concern for the impact this would have on other parts
of the 1987 Bond Issue as well as any future bond issues. After
a lengthy discussion among Board members, Director Dailey moved
that the Board of Directors instruct City Clerk Robbie Hancock to
begin verification of signatures on the Initiative Petition. The
motion was seconded by Director Catlett and unanimously adopted
by the Board members present. The Board generally agreed to
recess the meeting until Wednesday, September 9, 1992, to
consider the question of appeal of Judge Ward's decision.
At 7:30 o'clock P.M. Mayor Priest announced that the Board
of Directors would recess to Executive Session to consider
appointments to various Boards and Commissions.
When the Board of Dir
Mayor Priest presided and
Directors Hollingsworth,
Catlett - total 5; Absent
Resolution No. 8,779
being:
ectors reconvened at 7:50 o'clock P.M.,
the following Directors were present:
Lewellen, Shackelford, Dailey and
- Director Roy - total 1.
was then presented, with the caption
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE
ARKANSAS MUSEUM OF SCIENCE AND HISTORY BOARD OF TRUSTEES AND
CENTRAL ARKANSAS TRANSIT AUTHORITY BOARD;
(Museum - Robert Cabe appointed to fill the unexpired term of
Reed Thompson; CAT - Sheila Freeman reappointed.)
and the Resolution was read in its entirety. A motion was made
by Director Dailey and seconded by Director Lewellen that the
Resolution be adopted. The Resolution was adopted unanimously by
voice vote of the Board Members present.
There being no further business to be presented, Mayor
Priest recessed the meeting to reconvene on Wednesday, September
9, 1992 at 1:30 o'clock P.M. to consider an appeal of Judge
Wood's decision regarding the Rebsamen Park Road Initiative
Petition.
ATTEST:
City Clerk Robbie Hancock
APP VE: /-,, �
Mayor Sharon Priest
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