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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: 1 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 2 145 146 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. 3 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 4 1 G. i