HomeMy WebLinkAboutJune 2, 1987 Robinson Center
Rooms 102 and 103
Little Rock, Arkansas
June 2, 1987 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas met
in regular session with Mayor Lottie. Shackelford presiding. City
Clerk Jane Czech was present and called the roll with the following
Directors in attendance:n ance• Di
rectors Priest, Benafield, Milton, Bussey,
Prince and Villines - total 6; Absent - None.
With a quorum present, Mayor Shackelford declared the Board of
Directors in session.
The invocation was given by.pirector Priest.
Following the invocation; Assistant Mayor/Director Villines
introduced Miss Carolyn Menzies of New Zealand, a Hall High School
Exchange Student, and presented her with an Honorary Citizen
Certificate.
The first matter to be considered was the Consent Agenda,
consisting of the following it'ems:
(a) The reading of the Minutes of the previous meeting held May
19, 1987 and the reconvened meetings held May 27, 1987.
(b) The 1986 Annual Report of Metroplan.
(c) The Audit Report of the Little Rock Municipal Judges
Retirement Fund for the years ended December 31, 1986 and 1985.
(d) The Audit Report of the Little Rock Firemen's Relief and
Pension Fund for the years. ended December 31, 1986 and 1985.
(e). Resolution No. 7,787, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD A CONTRACT FOR THE PURCHASE OF AN AUTOMATED PERMIT AND
INSPECTION SYSTEM FOR THE DEPARTMENT OF PUBLIC WORKS. (Diversified
Software Systems, Inc.)
(f) Resolution No. 7,788, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A
CONTRACT TO GRIMES AND JOHNSON, INC. FOR CONSULTANT ENGINEERING
SERVICES .IN CONNECTION WITH THE RECONSTRUCTION OF BROWN STREET FROM
15TH TO 20TH STREETS.
(g) Resolution No. 7,789, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A
CONTRACT TO ST. FRANCIS MATERIALS FOR STREET AND DRAINAGE IMPROVEMENTS
IN THE STEPHENS SCHOOL AREA.
(h) Resolution No. 7,790, containing the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND
AWARD CONTRACTS.FOR THE PURCHASE OF BATTERIES, TWO FIRE TRUCKS AND THE
CONSTRUCTION OF FIRE STATIONS NO. 15 AND NO. 20.
(i) Resolution No. 7,791, entitled:
A RESOLUTION EXPRESSING THE CITY OF LITTLE ROCK'S SUPPORT OF
HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY. (JUNE 13, 1987)
By a motion from Director Villines, seconded ,by Director Bussey, which
was adopted by unanimous vote of the Board Members present, the
Consent Agenda was dispensed with as follows: (a) The Minutes of the
previous meeting held May 19, 1987 and the reconvened meetings h. ld
May 27, 1987 were approved as written and summarized to the memberof
the Board of Directors; (b, c, and d) The 1986 Annual Repoz`t- of
' -Metroplan; the Audit Report of the Municipal Judges Retirement Fund
1
) I •
June 2, 1987,' O'oht'•d.
for years ended December 31, 19.86 and 1985; and the Audit Report of
the Firemen's Relief and Pension Fund for years ended December 31,
1986 and 1985 were received and filed; and (e, f, g, h & i)
Resolutions No. 7,787, 7,788, 7,789, 7,790 and 7,791 were read in full
and adopted by the following roll call vote: Ayes - Directors Priest,
Benafield, Milton, Bussey, Mayor Shackelford, Directors Prince and
Villines - total 7; Noes - None; Absent - None.
At the time allotted for Citizen Communications, Rev. Donn
Walters, director of the Presbyterian Urban Council, and board
chairman for the Arkansas Community HousingCorporation,
affiliate operating the Housing Rehabilitatin program, advised tACOeRN
Board of Directors that he had been notified by the City Attorney's
Office that the audit report of the Housing Rehabilitation Project by
Price Waterhouse had been completed, -and that the project had been
completely and totally vindicated; further, no funds had been misspent
or co-mingled in any way. Rev. Walters said, "we remain convinced
that this housing rehabilitation work is a great move for the City and
one of the wisest expenditures the City makes." He explained that in
choosing a financial institution to keep the funds in, the ACHC Board
feels they have acted properly and prudently in all respects. Rev.
Walters informed the Board of Directors that, "we will start tomorrow,
taking steps to move the accounts to a local bank and deposit all
remaining funds to those accounts." Upon question by Director Bussey,
Rev. Walters stated the remaining funds are "in the neighborhood of
$100,000." Director Benafield was pleased that the funds are being
returned to Little Rock from the Whitney Bank in New Orleans.
Director Prince questioned how long it will take to get the money
back, and Rev. Walters said the money is invested in two certificates
of deposit in the amounts of $25,000 and $50,000. He stated one will
mature June 15, 1987 and those funds will immediately be returned to
the City, and the other matures in September, 1987 and upon maturity,
will be returned to Little Rock, so there will be no loss of interest.
Upon question by Director Benafield, Rev. Walters reported that two
houses have been completed, two will soon be completed, and
negotiations are underway on the fifth house. None have been sold
yet, but the ACHC is negotiating with local banks to sell them.
Director Benafield asked Rev. Walters, "if I buy a home, do I get
title to it?" Rev. Walters responded by saying, "that's my
understanding." Director Prince said that he was not sure that is
exactly right because it was his understanding the real property would
never be conveyed to the purchaser. City Attorney Mark Stodola
advised it was his understanding there is a land trust and that the
real property will be held by the ACHC, and the houses sold under a
lease/purchase agreement. Director Benafield said his concern was
"co-mingling" and stated, "a Ms. Fleming said this was put together
behind closed doors." Mr. Ed Lynch of Price Waterhouse who audited
the account stated the funds were not co-mingled, but put in a
separate account. He further explained the procedures checked by
Price Waterhouse. In response to a question by Director Benafield,
Rev. Walters said he did not know Ms. Fleming. Upon question by
Director Milton, Mr. Lynch said approximately 80 hours of professional
time was spent on the account. Mr. Lynch further stated that none of
the $150,000 grant had been paid to CCI, a firm in New Orleans that
does accounting for ACORN and other organizations. Rev. Walters
advised that $6,000 interest had accrued and the ACHC voted to use the
money on housing. In conclusion, Mayor Shackelford instructed the
Staff to prepare a report on the ownership issue of the houses to be
sold. Also, as requested by Director Villines, that Staff prepare a
report on depository of funds in contracts and agreements entered into
with the City.
Ms. Jeanne Jackson of the League of Women Voters, expressed
appreciation to the Board Members for the adoption of Resolution No.
7,791, supporting Household Hazardous Waste Collection Day on June 13,
1987.
Zoning Application Z-4809 filed by Mr. Johnny Franklin Burnett to
rezone 2401 High• Street (S/E Corner) , from "R-4" Two-family District
to "C-3" General Commercial District, was next presented. The
Planning Commission approved the application on May 5, 1987. No
opposition was presented to the proposal and Ordinance No. 15,296 was
presented, with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z-4809 - 2401
High Street)
Jute2, 1987, Cont'd.
with the Ordinance being read the first time, followed by a motion
from Director Priest to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Villines and
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, and a second reading of the Ordinance ensued. The
rules were again suspended and the Ordinance placed on third and final
reading by a motion made and.,seconded by Directors Villines and
Priest, respectively, 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. 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 results recorded as follows: Ayes
- Directors Priest, Benafield, -Milton, Bussey, Mayor Shackelford,
Directors Prince and Villines '- total 7; Noes - None; Absent - None.
Therefore, the Ordinance was declared PASSED.
The next presentation was Zoning Application Z-4820 to rezone a
parcel on Parkway Place Drive, from "R-2" Single-family District •to
"MF-6", "MF-12", "MF-18" and "OS" Open Space Districts. The
application was filed by John A. Castin for Darbe Development Company
and received Planning Commission approval on May 5, 1987. No one was
present to oppose the rezoning and Ordinance No. 15,297 was presented,
entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z-4820 -
Parkway Place Drive)
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Villines, 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
Villines and Priest, respectively, to 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 Priest, Benafield, Milton, Bussey, Mayor Shackelford,
Directors Prince and Villines - total 7; Noes - None; Absent - None.
Mayor Shackelford then announced that the. Ordinance had PASSED.
Zoning Application Z-4821 from Mr. Tom Cole, Agent for Louis Earl
Smith, deceased, and his wife, Laura Smith Wilson, was introduced
next. The application to rezone 14814 Cantrell Road- (long legal
description) , from "R-2" Single-family District to "C-3" General
Commercial District, was approved by the Planning Commission on May 5,
1987. No opposition to the rezoning was presented and Ordinance No.
15,298 was considered, with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK,, ARKANSAS; AND FOR OTHER. PURPOSES; (Z-4821 -
14814 Cantrell Road)
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by Director Villines, that the rules be
suspended and the Ordinance be placed on second reading. The motion
was adopted 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, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for the third and last reading of the Ordinance, with the
motion being made by Director Villines, seconded by Director Priest,
and 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. The Ordinance was read the third and last
time, and there was an Aye and No Vote taken onthe question, Shall
the Ordinance Pass, with the results recorded as follows: Ayes -
Directors Priest, Benafield, Milton, Bussey, Mayor Shackelford,
Directors Prince and Villines - total 7; Noes - None; Absent - None.
It was announced that the Ordinance had PASSED.
20
June 2, '1987, Coned,
Consideration was then given to Ordinance No. 15,299, containing
the following caption:
AN ORDINANCE ACCEPTING THE VOLUNTARY ANNEXATION OF CERTAIN LANDS
TO THE CITY OF LITTLE ROCK, ARKANSAS;
(NE 1/4 SE 1/4, Section 18i, Township 1 North, Range 12 West, except
the N 100' of the W 200' , owned by Don Kirkpatrick - Court Order dated
April 24, 1987)
with the Ordinance being read the first time. The rules were then
suspended to allow for the secondreading by motion from Director
Priest, seconded by Director Villines, 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 Villines and seconded by Director Priest, that the
rules befurther 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 Priest, Benafield, Milton, Bussey, Mayor
Shackelford, Directors Prince and Villines - total 7; Noes - None;
Absent - None. The Ordinance was then declared PASSED.
Introduced next was Ordinance No. 15,300, described as:
AN ORDINANCE TO AMEND ORDINANCE NO. 14,511 CODIFIED IN CHAPTER 5
OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS,
CONCERNING AMBULANCE SERVICES, AND FOR OTHER PURPOSES;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Villines, 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
Villines and Priest, respectively, to 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 question of
passage of the Ordinance was then submitted to an Aye and No Vote,
which received the following response: Ayes - Directors Priest,
Benafield, Milton, Bussey, Mayor Shackelford, Directors Prince and
Villines - total 7; Noes - None; Absent - None. The Ordinance was
then declared PASSED.
Ordinance No. 15,301 was introduced, entitled:
AN ORDINANCE AMENDING ORDINANCE NO. 14,062 OF THE CITY OF LITTLE
ROCK, ARKANSAS, CONCERNING AMBULANCE AUTHORITY MEMBERSHIP, AND FOR
OTHER PURPOSES;
and there was a first reading of the Ordinance. A motion was then
made by Director Priest, seconded by Director Villines, that the rules
be suspended and the Ordinance be placed on second reading, with the •
motion being 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. The Ordinance was subsequently read the
second time, resulting in a motion made by Director Villines and
seconded by Director Priest, for a further suspension of the rules to
allow for the third and final reading. The motion was unanimously
adopted by voice 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, with the outcome being a 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
- Directors Priest, Benafield, Milton, Bussey, Mayor Shackelford,
Directors Prince and Villines - total 7; Noes -. None; Absent - None.
It was then announced that the Ordinance had PASSED.
•
June 2', '198T,' Cont-'d.
The next presentation was Ordinance No. 15,302, with the title
being:
AN ORDINANCE REPEALING ORDINANCE NO. 13,797 AND ENACTING IN LIEU
THEREOF A NEW FLOOD DAMAGE.PREVENTION ORDINANCE ENTITLED "AN ORDINANCE
ESTABLISHING MINIMUM FLOOD CONTROL MEASURES PREPARED BY THE FEDERAL
INSURANCE ADMINISTRATION FOR THE CITY OF LITTLE ROCK TO COMPLY WITH
THE 'FULL PROGRAM' REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE
PROGRAM; TO ESTABLISH THE RATE ZONES FOR PROPERTIES LYING WITHIN THE
SAME; TO PROVIDE FOR A DEVELOPMENT PERMIT PROCESS FOR CONSTRUCTION
WITHIN THAT AREA; TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF
SAME;" AND DECLARING AN EMERGENCY;
and said Ordinance was read the first time, followed by a motion by
Director Priest, seconded by'.-Director Villines, that the rules be
suspended and the Ordinance be .placed on second 'reading. The motion
was adopted 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, and a second reading of the Ordinance
ensued. A motion was then made for a further suspension of the rules
to provide for -the third and last reading of the Ordinance, with the
motion being made by Director Villines, seconded by Director Priest,
and 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. The Ordinance was read the third and last
time, and there was an Aye and No Vote taken on passage of the
Ordinance with the response being: Ayes - Directors Priest,
Benefield, Milton, Bussey, Mayor Shackelford, Directors Prince and
Villines - total 7; Noes - None; Absent - None.
The Emergency Section contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call vote:
Ayes - Directors Priest, Benefield, Milton, Bussey, Mayor Shackelford,
Directors Prince and Villines - total 7; Noes - None; Absent - None.
Whereupon, the Ordinance, together with the Emergency Section, was
then declared PASSED.
Consideration was then given to Ordinance No. 15,303, entitled:
AN ORDINANCE AMENDING ORDINANCE NO. 14,534 AND CHAPTER 43,
SECTION 7-105.4 (h) (2) OF THE LITTLE ROCK CODE OF ORDINANCES TO
DELETE SUBSECTIONS (a) AND (b) ; RENUMBERING THE REMAINING
SUBSECTIONS; -TO ESTABLISH SETBACKS FOR STRUCTURES IN THE FLOODPLAIN;
and after a first reading of the Ordinance, there was a motion by
Director Priest, seconded by Director Villines, 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
Villines and Priest, 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 question,
Shall the Ordinance Pass,. was submitted to an Aye and No Vote, and
the results are recorded as follows: Ayes - Directors Priest,
Benefield, Milton, Bussey, Mayor Shackelford, Directors Prince and
Villines - total 7; Noes - None; Absent - None. Whereupon, the
Ordinance was declared PASSED.
Resolution No. 7,792 was presented, containing the following
caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND •
AWARD A CONTRACT FOR THE GRANTING OF A FRANCHISE TO OPERATE A WRECKER
SERVICE WITHIN THE CITY;
(Contract awarded to Asher Wrecker Service)
and the Resolution was read in full. City Manager Tom Dalton gave a-
brief overview of the history of the wrecker franchise, explaining
that in June, 1986, he presented justification to the Board of
Directors as -to why the franchise should be rebid, rather than
renewed. He stated the franchise was rebid and all bids were rejected
because of non-compliance, or the prices were too high. On the second
round of rebidding, a provision was included to provide a thirty day
.221
June 2, 1987,' Cont'd.
period to meet all of the City's demands. Mr. Dalton said, "the bid.
you have (Asher Wrecker Service) , we think, is the lowest and best.
We think the company can meet- our specifications and if they cannot
comply within thirty days, we will then begin working with the next
lowest bidder." The Asher Wrecker Service will have the thirty day
period to make necessary equipment purchases and excavation for
storage facilities. Mr. Ron Routh of Routh Wrecker Service voiced
concern that the contract is to be awarded on the lowest price rather
than what is best for the citizens of Little Rock, and asked "how is a
company going to spend more money than it is bringing in?" Mr. Wayne
Ball of Metro Wrecker and Towing, Service, said that Metro's bid is
the most convenient in location, the facilities exceed the
requirements, and Metro should be awarded the contract. Mr. Lowber
Hendricks, attorney representing Trek, Inc., agreed with Mr. Routh
concerning what is best for the citizens of Little Rock. He advised
that Trek has three major locations in the City, eleven new wreckers, .
and over thirty employees. Further remarks were made regarding Trek's
personnel policies, continuation of services beyond July 1, 1986, and
a trade journal article. In closing he asked that the franchise be
kept with Trek. A discussion followed among Board Members in which
City Attorney Mark Stodola advised that it is the responsibility of
the Board of Directors to accept the lowest and most responsive bid.
He also pointed out to the Board that if a company does not continue
to stay in compliance with the specifications, the contract contains a
breach provision. Following the discussion, a motion was made by
Director Priest and seconded by Director Villines, that the Resolution
be adopted. A roll callwas taken and the Resolution was subsequently
adopted by the following vote: Ayes - Directors Priest, Benefield,
Prince and Villines - total 4; Noes - Director Bussey and Mayor
Shackelford - total 2; Abstentions - Director Milton -- total 1;
Absent - None.
At 8:00 o'clock P. M. , Mayor Shackelford declared that the Board
of Directors recess to executive session for the purpose of
considering appointments and reappointments to various Boards and
Commissions. -
When the Board of Directors reconvened at 8:25 o'clock P. M. from
executive session, Mayor Shackelford presided and the following
Directors answered roll call: Directors Priest, Benafield, Milton,
Bussey, Mayor Shackelford, Directors Prince and Villines - total 7;
Absent - None.
Resolution No. 7,793 was then presented, with the title being:
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE
ADVERTISING AND PROMOTION COMMISSION; THE ARKANSAS ARTS CENTER BOARD
OF TRUSTEES; BOARD OF EQUALIZATION; CITY BEAUTIFUL COMMISSION; PARKING
AUTHORITY; AND THE PRIVATE INDUSTRY COUNCIL;
(Advertising & Promotion - Ernestine Towns; Arkansas Arts Center Board
of Trustees - John Earl, Mrs. Edward M. Penick, Jr., Curtis Finch,
Jr., Mrs. Philip S. Anderson, Mrs. Paul W. Hoover, Jr., and Dr. Howard
Curtis Reed; Board of Equalization - Dell L. Edwards; City Beautiful
Commission - Jane Rogers; Little Rock Municipal Parking Authority -
H. Lawrence Yancey; Private Industry Council - Sherman Tate and
Maurice Williams.)
and there was a complete reading of the Resolution. A motion was made
by Director Benafield, seconded by Director Milton, that the
Resolution be adopted. A roll call vote followed and the Resolution
was subsequently adopted as follows: Ayes - Directors Priest,
Benefield, Milton, Bussey, Mayor Shackelford, Directors Prince and
Villines -.total 7; Noes - None; Absent - None.
There being no furtherbusiness to be presented, it was moved by
Director Villines, seconded by Director Priest, and unanimously
carried that this meeting be adjourned at 8:30 o'clock P. M., and that
the Board of Directors convene in regular session on Tuesday, June 16,
1987 at 6:00 o'clock P. M.
Or
ATTESTS g94,04/ APPROVED -414
: - /
-
City Clerk Jane Czech Mayor '
Lottie Shackelford
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