12-15-92Board of Directors Chamber
Little Rock, Arkansas
December 15, 1992 - 6:15 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, Shackelford, Dailey and Catlett - total 6; Absent -
None.
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) The approval of the Minutes of the Board of Directors
meetings held November 17, 1992, and December 1, 1992.
(b) The Comparative Statement of Income Account of the
Little Rock Municipal Water Works for the month of October, 1992.
(c) Resolution No. 8,830, entitled:
A RESOLUTION APPROVING THE COMPREHENSIVE HOUSING
AFFORDABILITY STRATEGY (CHAS) ANNUAL PLAN FOR 1993; AND
AUTHORIZING THE CITY MANAGER TO SUBMIT THE PLAN TO THE DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT.
(c) Resolution No. 8,831, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF UNIFORMS AND
CLOTHING FOR THE FIRE DEPARTMENT. (R & R Uniforms)
(d) Resolution No. 8,832, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
FUNDS FROM THE 1988 CAPITAL IMPROVEMENT BOND FUND FOR THE
CONSTRUCTION OF THE SOUTHWEST LITTLE ROCK COMMUNITY COMPLEX; AND
AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT
FOR CONSTRUCTION OF THE COMPLEX. (Allocate funds from Police
Substation Bond Project Account and Parks & Recreation
Improvements Bond Project Account for Southwest Little Rock
Community Complex and award contract to Progressive Construction
- not to exceed $1,916,250.)
(e) Resolution No. 8,833, entitled:
A RESOLUTION AUTHORIZING THE EXTENSION OF THE LEASE FOR
AMUSEMENT RIDES AND CONCESSIONS AT WAR MEMORIAL PARK FOR A PERIOD
OF THREE YEARS; AND FOR OTHER PURPOSES. (Lloyd L. Choate -
ending November 15, 1995.)
(f) Resolution No. 8,834, described as:
A RESOLUTION AUTHORIZING THE JOB TRAINING PARTNERSHIP
ACT (JTPA) DEPARTMENT TO EXPEND $192,978 OF TITLE II -A 1991
CARRY -OVER FUNDS AND $156,172 TITLE II -A INCENTIVE MONIES FOR
VARIOUS PROGRAMS. (Classroom Training - $150,000, Center for
Youth & Families - $36,000, Pre -Trial Work Release - $15,000,
Lifeguard - $5,540, Administration - $44,653, Participant Support
- $39,600, and Unallocated Funds - $58,357.)
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(g) Resolution No. 8,835, with the title being:
A RESOLUTION AWARDING A CONTRACT TO PHILLIPS
CONSTRUCTION COMPANY, FOR RENOVATION OF THE BUILDING AT 1813
WRIGHT AVENUE AS A NEIGHBORHOOD ALERT CENTER.
(h) Resolution No. 8,836, entitled:
A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON
JANUARY 5, 1993, TO CONSIDER THE ISSUANCE OF REVENUE BONDS BY THE
CITY OF LITTLE ROCK, ARKANSAS ELDERLY HOUSING FACILITIES BOARD.
(Good Shepherd Ecumenical Retirement Center located on Aldersgate
Road.)
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
Minutes of the previous Board Meetings held November 17, 1992 and
December 1, 1992, were approved as written and distributed 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 October, 1992, was received and filed; and (c, d, e,
f, g, h and i) Resolutions No. 8,830, 8,831, 8,832, 8,833, 8,834,
8,835 and 8,836 were read in full and adopted by unanimous voice
vote of the Board Members present.
At the time allotted for Citizens Communication, Mr. Don
Hamilton, #1 Glenleigh Drive, a 27 year homeowner in Robinwood
Subdivision, was the first speaker. Mr. Hamilton made a plea to
the Board to do something about the Christmas lights displayed by
Mr. Jennings Osborne at his residence on Cantrell Road, which has
caused traffic congestion from the slow lines of onlookers' cars
clogging Cantrell Road. Mr. Hamilton stated the slow moving
traffic has created a serious problem by blocking access to
Robinwood Subdivision and that the agreement between the City of
Little Rock and Mr. Osborne (shortened hours for the display, --
police officers to direct traffic, and public service
announcements) has not helped the situation. Mr. Hamilton asked
the Board to place this issue on the Agenda for the January 5,
1993, Board of Directors Meeting.
Ms. Scotty Shively, 92 Robinwood Drive, also spoke to the
Board regarding the Osborne Christmas lights. She stated the
Christmas light display has created a hazard to motorists and a
nuisance to residents, and there should be a reasonable
alternative, suggesting that the display could be moved to an
area with better access, or if not that, a short term solution
would be to limit the hours from 8:00 p.m. to 10:00 p.m.
Mr. Brent B. Brown, 3203 Misty Lane, a resident of Echo
Valley, endorsed the comments made by Mr. Hamilton and Ms.
Shively regarding the Osborne Christmas lights, stating that part
of the traffic problem is due to a bottleneck caused by cars
parked on both sides of the street. In response to a question by
Director Roy, Mr. Brown stated the changes enacted this year have
not made a difference, in fact they are worse for two reasons:
(1) the news media has shown people what it's about and (2) the
police officers are not at the intersections where they are
supposed to be. Mr. Brown also asked that this matter be on the
Agenda for January 5, 1993.
City Manager Tom Dalton, City Attorney Tom Carpenter and
Assistant Police Chief Randy Reed responded to questions from
Board Members regarding the traffic problems created by the
Osborne Christmas lights.
Mr. Barry Haas, 3900 Doral Drive, read the results of a
survey sent out in September by Save the Parks group to Board
Members regarding the extension of Rebsamen Park Road. Most
responded that the issue should be decided by the voters. He
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then read a prepared statement in which he questioned the actions
of City Attorney Tom Carpenter in continuing to pursue legal
options regarding the extension of Rebsamen Park Road and the
construction of a bridge across Jimerson Creek, after voters had
defeated the issue at the November 3, 1992 General Election. Mr.
Carpenter responded to the suggestion that the motion for
reconsideration was filed since the election by stating the
motion was filed six months before the case was argued in the
Eight Circuit Court. He stated he had informed the attorneys for
Save the Parks Committee that he had received permission from the
Board of Directors to file a response withdrawing the request and
suggesting that the question was somewhat decided by the
election.
Mr. Larry D. Gary was the last speaker under Citizens
Communication. He spoke to the Board regarding his proposal for
the betterment of Senior citizen Nursing Homes, stating that
administrators and head officials of these establishments are not
doing their jobs. Mayor Priest advised Mr. Gary that was a state
issue and City Manager Tom Dalton offered to work with Mr. Gary
in filing his complaint with the proper officials.
Introduced next was Resolution No. 81837, entitled:
A RESOLUTION RENAMING PORT PARK TO PRATT CATES REMMEL PARK;
and the Resolution was read in full, followed by a motion by
Director Lewellen, seconded by Director Dailey, to adopt the
Resolution. The Resolution was adopted by unanimous voice vote
of the Board Members present.
The next presentation was a proposed Ordinance, entitled:
AN ORDINANCE ESTABLISHING A DESIGN OVERLAY DISTRICT FOR THE
CHENAL /FINANCIAL CENTER PARKWAY URBAN CORRIDOR PURSUANT TO THE
-- DESIGN OVERLAY AUTHORITY OF CHAPTER 36 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS;
Mr. Jim Lawson, Director of the Department of Neighborhoods and
Planning, presented an overview of the design overlay for the
Chenal /Financial Center Parkway corridor. He concluded his
presentation by stating that there was one unresolved issue,
which is Section 2(D)(4) of the proposed Ordinance regarding
landscaping requirements. The property owners /developers are
requesting that increases in the Chenal and Financial Center
Parkway landscape requirements over those otherwise imposed under
the present Zoning Ordinance shall be offset by a decrease in the
side and rear yard landscape buffer areas by an amount equivalent
to any such increase. Mr. Lawson stated he could not support
that proposal, because the overlay would not do anything. Upon
question, Mr. Lawson stated that the major difference in the
Highway 10 Corridor and the Chenal Corridor is that Highway 10
was built by the residents and Chenal Parkway was built by an
Improvement District and there is nothing similar between Highway
10 and Chenal Parkway.
Mr. Bill Spivey, attorney for the I- 630 /Highway 10 Property
Owners Improvement District (Chenal Parkway), addressed the Board
of Directors, stating the two corridors (Highway 10 and Chenal)
are distinctly different and the standards are unique. He
explained the compensating buffer proposal and provided the City
Attorney and Board of Directors with a copy of the proposed
amendment to Section 2(D)(4) of the proposed Ordinance. He
concluded by urging the Board of Directors to approve the
compensating buffer proposal. Mr. Dickson Flake, attorney for
the Catholic Diocese of Little Rock, one of the property owners
in the Improvement District, also requested approval of the
compensating buffer proposal. City Manager Tom Dalton asked Mr.
Lawson "if we have to trade off on the buffer issue, what, if
anything, is the net gain of an overlay ?" Mr. Lawson responded,
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"We are down to the bare bones; if we make an adjustment, I'm not
sure there is a gain." Mr. Dalton stated the overlay may not be
accomplishing what the City intended. Mr. Lawson stated the
bottom line to the discussion is that if the Board feels that
because of the Improvement District, the City should not increase
the landscaping requirements, in other words, buy into the
compensating design, he preferred not to have the overlay and to
keep the landscape ordinance the way it is because it deals with
the parkway and the rear of the property by requiring a good
amount of landscaping in front and rear. After further
discussion, the proposed Ordinance was read the first time and
left on the calendar for second reading on January 5, 1993.
Consideration was then given to Ordinance No. 16,317,
entitled:
AN ORDINANCE AMENDING THE MASTER STREET PLAN REMOVING TWO
SEGMENTS OF THE DAILEY /WARREN COLLECTOR IN SOUTHWEST LITTLE ROCK,
AND FOR OTHER MATTERS;
and there was a first reading of the Ordinance. The rules were
then suspended and the Ordinance placed on second reading by
motion from Director Dailey, seconded by Director Shackelford,
which was unanimously adopted by 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 by Director Dailey that the rules
again be suspended and the Ordinance placed on third and final
reading. Director Shackelford seconded the motion which was
adopted by unanimous vote of the Board Members 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 -
Director Catlett, Mayor Priest, Directors Roy, Hollingsworth,
Lewellen, Shackelford and Dailey - total 7; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 16,318, described
as:
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 -5628 - To rezone 1.61 acres at the southwest corner of South
University and Mabelvale Pike [Lot 1A, Owen Henderson Addition]
from "C -3" General Commercial District to 11C -4" Open Display
District.)
and there was a first reading of the ordinance. The rules were
then suspended and the Ordinance placed on second reading by
motion from Director Dailey, seconded by Director Shackelford,
which was unanimously adopted by 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 by Director Dailey that the rules
again be suspended and the Ordinance placed on third and final
reading. Director Shackelford seconded the motion which was
adopted by unanimous vote of the Board Members 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 -
Director Catlett, Mayor Priest, Directors Roy, Hollingsworth,
Lewellen, Shackelford and Dailey - total 7; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
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Introduced next was Ordinance No. 16,319, with the title
being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED OFFICE DISTRICT TITLED SEVEN ACRES
BUSINESS PARK (Z- 5038 -A) HIGHWAY 10 AT BELLA ROSA DRIVE 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;
and there was a first reading of the Ordinance. The rules were
then suspended and the Ordinance placed on second reading by
motion from Director Dailey, seconded by Director Shackelford,
which was unanimously adopted by 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 by Director Dailey that the rules
again be suspended and the Ordinance placed on third and final
reading. Director Shackelford seconded the motion which was
adopted by unanimous vote of the Board Members 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 -
Director Catlett, Mayor Priest, Directors Roy, Hollingsworth,
Lewellen, Shackelford and Dailey - total 7; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
Ordinance No. 16,320 was then presented, with the title
being:
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;
Mrs. Barbara J. Davenport, 420 -A West 7th Street, stated she owns
the house at 1418 Gaines Street which is listed in the ordinance.
She was unaware the house had been condemned when she bought it,
and she is trying to do most of the improvements herself. (Note:
Mrs. Davenport appeared before the Board of Directors on August
20, 1991, at which time the house was removed from the
condemnation list.) She requested additional time to sell the
house or make improvements as funds are available, because she
just paid $4,000 in back taxes owed by the previous owner. After
a brief discussion, the Board of Directors generally agreed to a
120 day administrative waiver for 1418 Gaines Street. The
Ordinance was then read the first time. The rules were suspended
and the Ordinance placed on second reading by motion from
Director Dailey, seconded by Director Shackelford, which was
unanimously adopted by 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 by Director Dailey that the rules again be
suspended and the Ordinance placed on third and final reading.
Director Shackelford seconded the motion which was adopted by
unanimous vote of the Board Members 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 - Director
Catlett, Mayor Priest, Directors Roy, Hollingsworth, Lewellen,
Shackelford and Dailey - 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 - Director Catlett, Mayor Priest, Directors Roy,
Hollingsworth, Lewellen, Shackelford and Dailey - total 7; Noes -
None; Absent - None. Therefore, the Ordinance, together with the
Emergency Section, was declared PASSED.
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At 7:47 o'clock P.M. Mayor Priest declared a five minute
recess.
When the Board of Directors reconvened at 8:00 o'clock P.M.
Mayor Priest presided and the following Directors were present:
Directors Roy, Hollingsworth, Lewellen, Shackelford, Dailey and
Catlett - total 6; Absent - None.
Consideration was then given to Ordinance No. 16,321,
described as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED INDUSTRIAL DISTRICT TITLED TREADCO PID (Z-
3271-A) 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- 3271 -A - Treadco PID located at 7510 Fluid Drive.)
Mr. Jim Lawson, Director of the Department of Neighborhoods and
Planning, explained the Treadco PID, stating the tire retreading
would be done inside the building and that all the conditions
were part of the PID file. Director Hollingsworth requested that
the requirement for the retreading operation to be enclosed be
set forth in the Ordinance. Mr. Larry Jacimore, real estate
agent for the owners, Mr. Stanley McLellan, Treadco plant
manager, and Mr. John Rees, Treadco representative, were present
to answer questions. Mr. McLellan stated the tire retreading was
an inside operation and did not object to the requirement being
in the Ordinance. City Attorney Tom Carpenter recommended
revising Section 3 of the proposed Ordinance by adding the phrase
"and providing that any retreading be done indoors." The
Ordinance was then read the first time. The rules were suspended
and the Ordinance placed on second reading upon motion by
Director Lewellen. The motion was seconded by Director Dailey
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, and the Ordinance was read the second time.
There was a subsequent motion by Director Lewellen, seconded by
Director Dailey, to suspend the rules and place the Ordinance on
third and final reading. The motion was 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, and there
was a third and final reading of the Ordinance. An Aye and No
Vote was taken on passage of the Ordinance, with the results
recorded as follows: Ayes - Director Catlett, Mayor Priest,
Directors Roy, Hollingsworth, Lewellen, Shackelford and Dailey -
total 7; Noes - None; Absent - None. Whereupon, the Ordinance
was declared PASSED.
The next presentation was Ordinance No. 16,322, entitled:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE I -430
DISTRICT AND FOR OTHER MATTERS;
Mr. Jim Lawson, Director of the Department of Neighborhoods and
Planning, explained that the change to the land use plan came
about when the Planning Commission recommended approval of the
Hermitage Road Mini - Warehouse Planned Office Development at
11,701 Hermitage Road. Staff had recommended denial of the mini -
warehouse, but if the Board of Directors supports the mini -
warehouse concept, there needs to be a change in the I -430 Land
Use Plan. Mr. Lawson expressed concern that there is already a
lot of commercial use in the area. The Ordinance was then read
the first time, followed by a motion from Director Lewellen,
seconded by Director Roy, to suspend the rules and place the
Ordinance on second reading. The motion was 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,
and the second reading of the Ordinance ensued. There was a
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subsequent motion by Director Shackelford, seconded by Director
Catlett, that the rules be suspended and the Ordinance placed on
third and final reading. The motion was 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, and there
was a third and final reading of the Ordinance. The Aye and No
Vote taken on passage of the Ordinance resulted as follows: Ayes
- Director Catlett, Mayor Priest, Directors Roy, Hollingsworth,
Lewellen, Shackelford and Dailey - total 7; Noes - None; Absent -
None. Whereupon, the Ordinance was declared PASSED.
Ordinance No. 16,323 was then introduced, with the title
being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED OFFICE DISTRICT TITLED HERMITAGE ROAD
MINI - WAREHOUSE (Z -5583) AT 11,701 HERMITAGE ROAD 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;
(2-5583 - Hermitage Road Mini - warehouse POD at 11,702 Hermitage
Road.)
Mr. Gene Lewis, Jr., one of the owners, explained the proposal,
stating the project would be totally landscaped so it would be
very unobtrusive. Mr. Douglas Haville, owner of property at
Bowman and Hermitage, spoke on behalf of other area property
owners who were opposed to the mini - warehouse project, stating it
would lower the value of their property and will fragment the
area for further development. (The opposing property owners had
written a letter to the Board stating their opposition.) During
the lengthy discussion, Mayor Priest expressed concern for the
traffic impact, particularly at the dangerous intersection of
Kanis and Bowman Roads, with Sams and Wal -Mart developments in
the area. The Ordinance was then read the first time followed by
a motion from Director Lewellen, seconded by Director Roy, to
suspend the rules and place the Ordinance on second reading. The
motion was 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, and the second reading of the
Ordinance ensued. There was a subsequent motion by Director
Shackelford, seconded by Director Catlett, that the rules be
suspended and the Ordinance placed on third and final reading.
The motion was 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, and there was a third and final
reading of the Ordinance. The Aye and No Vote taken on passage
of the Ordinance resulted as follows: Ayes - Director Catlett,
Mayor Priest, Directors Roy, Hollingsworth, Lewellen, Shackelford
and Dailey - total 7; Noes - None; Absent - None. Whereupon, the
Ordinance was declared PASSED.
A public hearing had been scheduled for this time and place
by Resolution No. 8,826, and notice thereof duly published on
December 8, 1992 and December 15, 1992, on the petition filed by
Philander Smith College to vacate and close portions of West 11th
Street, West 12th Street, West 13th Street, Izard Street and
State Street in Blocks 221, 222, 223, 224, 230, 231, 232, 233,
243, 244, 245 and 246 of the Original City of Little Rock,
Arkansas. Attached to the petition was a letter from Beach
Abstract & Guaranty Company, listing the last apparent owners of
record to abutting property. Mayor Priest declared the public
hearing open. There was no one present who wished to speak in
opposition to the closures; therefore, Mayor Priest declared the
public hearing closed. Consideration was then given to Ordinance
No. 16,324, entitled:
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AN ORDINANCE VACATING AND CLOSING STREETS WITHIN THE GROUNDS
OF PHILANDER SMITH COLLEGE: BOUNDED BY THE SOUTH LINE OF THE
INTERSTATE 630 RIGHT -OF -WAY TO THE NORTH, EAST LINE OF CHESTER
STREET TO THE WEST, THE WEST LINE OF GAINES STREET TO THE EAST,
AND THE NORTH LINE OF WEST 14TH STREET TO THE SOUTH, IN THE
ORIGINAL CITY OF LITTLE ROCK, ARKANSAS;
(Vacate and close W. 11th St. from Gaines to State and from State
to Izard; W. 12th St. from Izard to Chester; W. 13th St. from
Gaines to State and from State to Izard; Izard St. from I -630 to
W. 14th St.; State St. from I -630 to W. 12th St. and from W. 13th
St. to W. 14th St.)
and after a first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Roy, to suspend the rules
and place the Ordinance on second reading. The motion was
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, and a second reading of the Ordinance ensued.
There was a subsequent motion by Director Dailey, seconded by
Director Shackelford, to suspend the rules and place the
Ordinance on third and final reading. The motion was 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, and there was a third and final reading of the Ordinance.
An Aye and No Vote was then taken on passage of the Ordinance
which resulted as follows: Ayes - Director Catlett, Mayor Priest,
Directors Roy, Hollingsworth, Lewellen and Dailey - total 6; Noes
- None; Abstained - Director Shackelford; Absent - None.
Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Resolution No. 8,838,
entitled:
A RESOLUTION AUTHORIZING THE PURCHASE OF A WEST LITTLE ROCK
PARK SITE PURSUANT TO THE 1988 CAPITAL IMPROVEMENT BOND ISSUE AND
FOR OTHER PURPOSES. (Park Site IV on Western Hills Avenue.)
Mr. Charles Woods asked the Board if it would be feasible to
again advertise for a park site, because he now has a 300 acre
site that would be an ideal location. Mr. Russell Purdy stated
he would like to hear what the Parks & Recreation Department is
recommending and why this site, given there are some water
problems and other possible environmental problems. Mr. Bill
Bunten, Director of the Parks & Recreation Department, made a
slide presentation, listing the criteria established by the Board
of Directors. He noted that in June, 1992, the criteria was
established (see Minutes of 6 -16 -92 and Resolution No. 8,736) and
bids were accepted in July. Only two proposals were received and
both were rejected (see Minutes of 9 -15 -92 and Resolution No.
8,788). In September, 1992, the Board directed staff to
advertise again, but broadened the criteria by opening up the
corridor to anything west of University Avenue extended to the
Pulaski County Line and south of Highway 10 (see Minutes of 10 -6-
92 and Resolution No. 8,796). Four proposals were submitted,
which were compared to the criteria established. Site I at
Ferndale and Kanis did not meet all the criteria because it had
only 20% active area. He then reviewed Sites II (Sparks Road) ,
III (Baseline Road) and IV (Western Hills Avenue) , but did not
make a recommendation. Board Members then discussed various
aspects of the three proposals. The proposed Resolution provided
for the City Manager to enter into negotiations for the purchase
of Park Site IV on Western Hills Avenue. The Resolution was read
in full, followed by a motion and second by Directors Roy and
Dailey, respectively, to adopt the Resolution. The Resolution
was adopted by the following vote: Ayes - Director Catlett,
Mayor Priest, Directors Roy, Lewellen, Shackelford and Dailey -
total 6; Noes - None; Abstained - Director Hollingsworth - total
1; Absent - None.
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The next issue before the Board of Directors was a
discussion regarding Metrocentre Improvement District No. 2. Mr.
Sterling Cockrill, Executive Director, explained to Board Members
there is an accounting controversy between Metrocentre and the
Public Works Department regarding funding of the project to
reopen Main Street between Third Street and Seventh Street and
Capitol Avenue between Main and Scott Streets. Mr. Cockrill
stated that in 1989, according to the Public Works Department,
construction funds available for the project were $158,000 short
of the lowest construction bid. Metrocentre agreed to contribute
$158,000 to the project on the condition that any savings in
project funds be used to offset this contribution. Mr. Wayne
Sherrill, City Traffic Engineer, was present at the meeting when
Metrocentre made this condition. The $158,000 contribution was
co- mingled with $1,350,000 of public funds ($600,000 of 1988 Bond
Funds and $750,000 of economic development funds) . The total
project cost was $1,380,000. Public Works accounting of the use
of the funds is as follows: Public funds - $1,222,103;
Metrocentre funds - $158,000. Mr. Cockrill stated the
accounting of the use of the funds should be: Public funds -
$1,350,000; Metrocentre funds - $30,103. He then asked the Board
of Directors to instruct the City Manager to arrange for a refund
of $127,897 to Metrocentre Improvement District No. 2. City
Manager Tom Dalton then explained the City's position by giving a
brief history of the project. He stated that public streets were
originally closed for business use (see Ordinance No. 13,265,
passed 4- 5 -77), and when that project failed, plans were made to
reopen the streets for public use as part of the 1988 Bond
Project. There was never a city position taken by having City
Traffic Engineer Wayne Sherrill setting in the meeting when
Metrocentre agreed to contribute $158,000 with the condition. He
referred to Metrocentre Minutes of December 13, 1989 and a letter
from Ben Scroggin, Metrocentre Chairman, to Mayor Villines on
December 14, 1989. He concluded by stating there was no savings.
During the lengthy discussion among Board Members, Mayor Priest
stated the $600,000 of Bonds Funds were supposed to be matched by
private funds, but there were no matching funds, so the City used
economic development funds to open the streets. Director
Shackelford stated there had been a lot of controversy because
public funds were used to close the street and then to open the
street. Mr. Cockrill felt that Metrocentre had paid more than
its share of public projects by financing the construction of the
two parking decks (2nd & Main and 6th & Scott) with a
$11,855,000 bond issue. Director Shackelford requested that the
records be searched for additional information. No action was
taken on Mr. Cockrill's request.
Agenda Items 10, 11, 12, 13, 14, 15 and 16 (Ordinances
related to the 1993 Budget) were scheduled for third and final
reading, having been read the first and second times on November
17, 1992, and December 1, 1992. (City Manager Tom Dalton asked
that the Board act on the Ordinance increasing garbage fees;
there was a brief discussion regarding service level and the
Refuse Collection System Analysis Study; some Directors were not
ready to take action; therefore, the Ordinance to increase
garbage fees was not considered.) Due to the late hour, Mayor
Priest announced that the Board of Directors would reconvene on
Monday, December 21, 1992, to consider the Budget related
Ordinances. Therefore, no action was taken and the following
proposed Ordinances were left on the calendar for third and final
reading on December 21, 1992, at 2:30 o'clock P.M.
(10) AN ORDINANCE AMENDING IN PART ORDINANCE NO. 11,366 TO
PROVIDE FOR LEVYING A FRANCHISE FEE TO BE PAID BY ARKANSAS
LOUISIANA GAS COMPANY FOR THE YEAR 1993; PROVIDING FOR THE
PAYMENT THEREOF;
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Minutes
December 15, 1992
(11) AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT
OF FEES AND CHARGES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS
BY ARKANSAS POWER AND LIGHT COMPANY AND THE METHOD OF PAYMENT
THEREOF BEGINNING IN 1993; AMENDING SECTION 9 OF ORDINANCE NO.
11,683; AND FOR OTHER PURPOSES;
(12) AN ORDINANCE LEVYING ADDITIONAL FRANCHISE FEES TO BE
PAID BY SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR 1993;
AND PROVIDING FOR THE PAYMENT THEREOF;
(13) AN ORDINANCE FIXING AND IMPOSING THE AMOUNT OF FEES
AND CHARGES TO BE PAID TO THE CITY OF LITTLE ROCK, ARKANSAS BY
ALL COMPANIES THAT PROVIDE INTERSTATE OR INTRASTATE LONG DISTANCE
TELECOMMUNICATION SERVICE, AND ALL BUSINESS INCIDENTAL TO OR
CONNECTED WITH THE CONDUCTING OF SUCH TELEPHONE BUSINESS IN THE
CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 3 OF ORDINANCE
NO. 15,706; AND FOR OTHER PURPOSES;
(14) AN ORDINANCE TO AMEND SECTION 28 -46 OF THE 1988 LITTLE
ROCK, CITY CODE OF ORDINANCES, PROVIDING FOR A SCHEDULE OF
GARBAGE COLLECTION FEES AS SET OUT THEREIN; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES;
(15) AN ORDINANCE AMENDING LITTLE ROCK, ARK. ORDINANCE
15,974 (DECEMBER 4, 1990) ESTABLISHING ADMISSION FEES FOR THE
LITTLE ROCK ZOO; AND FOR OTHER PURPOSES;
(16) AN ORDINANCE AMENDING ORDINANCES NOS. 13,920, 14,159,
15,391 AND 15,777, AN ORDINANCE ESTABLISHING PERMIT FEE SCHEDULES
FOR BUILDING, ELECTRICAL, PLUMBING, AND RELATED WORK PERFORMED IN
THE CITY OF LITTLE ROCK; REPEALING ALL TECHNICAL CODE ORDINANCES
AND CODE OF ORDINANCE PROVISIONS IN CONFLICT HEREWITH; AND FOR
OTHER PURPOSES.
(NOTE: Mr. Lewis May addressed
regarding building permit fees (Item ]
Associated General Contractors and
Contractors. He stated AGC and ABC
proposal to increase permit fees while
the staff and budget by 5 %. The four
needed. This is also a matter of life
stating AGC and ABC stand ready to
increase but urged the City to keep the
the Board of Directors
6). He represented the
:he Associated Building
could not support the
at the same time cutting
positions being cut are
safety. He concluded by
support the permit fee
staff.)
Agenda Items 17 and 18 were also related to the 1993 Budget;
therefore, the following proposed Ordinances were deferred until
the reconvened meeting on Monday, December 21, 1992.
(17) AN ORDINANCE TO AMEND SECTIONS OF THE LITTLE ROCK CODE
TO PROVIDE FOR INCREASES IN FEES AND FINES CONCERNING THE KEEPING
OF ANIMALS WITHIN THE CITY OF LITTLE ROCK; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES; (Chapter 6)
(18) AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR
THE CITY OF LITTLE ROCK, FOR THE PERIOD BEGINNING JANUARY 1,
1993, AND ENDING DECEMBER 31, 1993; APPROPRIATING FUNDS FOR EACH
AND EVERY CLASS OF EXPENDITURE THEREIN PROVIDED; AND DECLARING AN
EMERGENCY;
(Director Hollingsworth was excused at 10:25 o'clock P.M.)
The last matter to be presented was Ordinance No. 16,325,
which did not appear on the Agenda, but was added at the request
of City Manager Tom Dalton.
AN ORDINANCE TO AMEND ORDINANCE NO. 16,237 (1992 BUDGET
ORDINANCE) , TRANSFERRING FUNDS FOR POLICE DEPARTMENT OVERTIME
SALARIES, AND DECLARING AN EMERGENCY;
10
Minutes
December 15, 1992
(Transferring $125,000 from Fire Fighting retirement contribution
account to Police Detectives overtime account.)
and the Ordinance was read the first time, followed by a motion
from Director Shackelford, seconded by Director Dailey, to
suspend the rules and place the Ordinance on second reading. The
motion 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. City Attorney Tom Carpenter advised it
would be prudent to add another WHEREAS clause to the Ordinance
indicating the City had fulfilled all its requirements for
contributions to the Fire Department retirement fund. Therefore,
Director Shackelford moved that the Ordinance be amended to add a
WHEREAS clause as follows: "WHEREAS, even with this transfer the
City has fulfilled all its requirements for contributions to the
Fire Department's retirement funds for this year." Director
Dailey seconded the motion, which was adopted unanimously 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,
as amended, was then read the second time, followed by a motion
by Director Dailey, seconded by Director Roy, to again suspend
the rules and place the Ordinance on third and final reading.
The motion 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, and the 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 Catlett, Mayor Priest, Directors Roy, Lewellen,
Shackelford and Dailey - total 6; Noes - None; Absent - Director
Hollingsworth - 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 Catlett, Mayor Priest, Directors Roy,
Lewellen, Shackelford and Dailey - total 6; Noes - None; Absent -
Director Hollingsworth - total 1. Therefore, the Ordinance, as
amended, together with the Emergency Section, was then declared
PASSED.
Director Catlett asked the Board to discuss the River Ridge
Road traffic signal at the reconvened meeting if the matter had
not been settled.
There being no further business to be presented, the Board
of Directors recessed at 10:30 o'clock P.M. to reconvene on
Monday, December 21, 1992, at 2:30 o'clock P.M. to consider the
Budget related ordinances and to make appointments to the Airport
Commission and the Sister Cities Commission.
ATTEST:
6 tuz, An
City Clerk Robbie Hancock
11
APPROVED:
Mayor Sharon Priest
213