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HomeMy WebLinkAbout01-17-9514 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas January 17, 1995 - 6:00 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Mason, Adcock, Hodges, Keck, Joyce, Wyrick and Sharp - total 7; Absent - Directors Wilson and Hinton - total 2; Position No. 6 Vacant - total 1. With a quorum in attendance, Mayor Dailey declared the Board of Directors in session and the proceedings of the meeting are recorded as follows. The Invocation was given by Director Mason, followed by the Pledge of Allegiance. The first presentation was the Consent Agenda consisting of the following items: (a) The reading of the Minutes of the Board of Directors regular meeting held October 18, 1994. (b) The Oakland Fraternal Cemetery Audit Report for the period ending October 31, 1994. (To be received and filed.) (c) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of November, 1994. (To be received and filed.) (d) Resolution No. 9,313, entitled: A RESOLUTION PROVIDING FOR THE INSTALLATION OF FIRE HYDRANTS WITHIN THE CITY OF LITTLE ROCK FOR THE YEAR 1995; AND FOR OTHER PURPOSES. (e) Resolution No. 9,314, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. FOR DESIGN AND ENGINEERING SERVICES ON THE JIMERSON CREEK PEDESTRIAN /BICYCLE BRIDGE AND TO PRESENT TO THE BOARD THE BALANCE OF THE REBSAMEN PARK ROAD EXTENSION PROJECT FOR RE- PROGRAMMING. (Not to exceed $33,875 provided that any bond monies used will be limited to interest earnings on the 1988 Capital Improvement Bond issue.) (f) Resolution No. 9,315, described as: A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF LITTLE ROCK TO UTILIZE FEDERAL AID MONIES. (For Rebsamen Parkway Pedestrian and Bicycle Trail, Phase II, west of Jimerson Creek.) (g) Resolution No. 9,316, entitled: W Minutes January 17, 1995 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 Wyrick and Adcock, 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 ten 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 followed. An Aye and No Vote was taken on the question, Shall the Ordinance Pass, with the response being: Ayes - Directors Mason, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Mayor Dailey and Director Sharp - total 10; Noes - None; Absent - None; Position No. 6 Vacant - total 1. The Ordinance was then declared PASSED. Consideration was then given to Ordinance No. 16,836, with the title being: AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH AMERICAN MANAGEMENT SYSTEMS, INC. (AMS) TO CONTINUE COMPUTER SOFTWARE MAINTENANCE FOR THE CITY'S FINANCE AND HUMAN RESOURCES SYSTEM; (American Management Systems - Contract in the amount of $83,767, for a period of one year for computer software maintenance.) and said Ordinance was read the first time, followed by a motion whereby the rules were suspended to allow for the second reading of the Ordinance. The motion was made by Director Joyce, seconded by Director Adcock, and unanimously adopted by Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time. There was an ensuing motion made by Director Wyrick and again seconded by Director Adcock, that the rules be further suspended to provide for the third and final reading of the Ordinance. The motion was adopted by unanimous vote of the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and final reading of the Ordinance followed by an Aye and No Vote taken on passage of the Ordinance with the response recorded as follows: Ayes - Directors Mason, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Mayor Dailey and Director Sharp - total 10; Noes - None; Absent - None; Position No. 6 Vacant - total 1. The Ordinance was then declared PASSED. Ordinance No. 16,837 was presented and contained the following title: AN ORDINANCE RENEWING TAXICAB OPERATOR PERMITS FROM JANUARY 1, 1995 TO DECEMBER 31, 1995; (Permits for Capitol Cab Company, Dewey Worthy and Black & White Cab Company.) and after a first reading of the Ordinance, there was a motion by Director Joyce, seconded by Director Adcock, to suspend the rules 21 Minutes January 17, 1995 Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Mayor Dailey and Director Sharp - total 10; Noes - None; Absent - None; Position No. 6 Vacant - total 1. Whereupon, the Ordinance was declared PASSED. The last item to be considered was a proposed Resolution appearing on the Agenda as an addendum, entitled: A RESOLUTION TO REPEAL THE RESIDENCY REQUIREMENT FOR PERSONS SEEKING EMPLOYMENT WITH THE CITY OF LITTLE ROCK, ARKANSAS, AS SET FORTH IN LITTLE ROCK, ARK., RESOLUTION NO. 9,073 (JANUARY 4, 1994); AND FOR OTHER PURPOSES; and there was a complete reading of the proposed Resolution. To open the discussion, Director Adcock made a motion, seconded by Director Wilson, to defer the proposed Resolution and have a public hearing. With only Directors Wilson, Adcock and Hinton, voting for the motion, Mayor Dailey announced the motion failed, and stated the matter would be considered. Mr. John Lewellen addressed the Board in opposition to the proposal due to the impact on the community. Mr. Gene Tucker, President of the Little Rock Firefighters Association, speaking for the proposed Resolution, said we are a very mobile society, and the residency requirement limits the pool of employees available to the Fire Department. In closing, he expressed hope that the Board would vote to rescind the residency requirement. Mr. Jim Lynch, 16 Lenon Drive, spoke to the Board stating that he was opposed to the repeal of the residency requirement. Ms. Britt Rice, Director of Personnel, presented data relative to recruitment and employment policies of the City of Little Rock. She answered questions from various Board Members. City Manager Charles Nickerson, speaking in support of the policy, said that one year is really not a significant period to draw any conclusions. Following further general discussion, Director Keck moved that the Resolution be adopted. The motion was seconded by Director Sharp. A roll call vote was taken, with the results recorded as follows: Ayes - Directors Mason, Hodges, Keck, Wyrick and Sharp - total 5; Noes - Directors Adcock, Wilson, Hinton, Joyce and Mayor Dailey - total 5; Absent - None; Position No. 6 Vacant - total 1. Mayor Dailey then announced that the Resolution had failed. There being no further business to be presented, Mayor Dailey announced that the Board would adjourn at 9:00 o'clock P. M., to meet again in Special Session on Friday, January 20, 1995 at 9:00 o'clock A. M., for the purpose of considering an Ordinance authorizing the issuance of Capital Improvement Refunding Bonds. ATTEST: APPROVED: G City Clerk Robbie Hancock Jaor Jim Dailey 19 Minutes January 17, 1995 Sharp voiced support for the project. Responding to a question from Mayor Dailey about the downtown area, Mr. Hammons said the problem is Little Rock having to compete with Memphis and Dallas, and another 200,000 to 250,000 square feet is needed to meet the needs in order to compete. Director Hodges requested that in City Manager Charles Nickerson's traffic study, that he come up with some additional thoughts and ideas about how developers in the Chenal Area are going to have to pay for some of the development costs. Following general discussion among Board Members and City Manager Charles Nickerson, the proposed Ordinance was read the first time and with no motion and second for suspension of the rules, the proposed Ordinance remained on the calendar for second reading on February 7, 1995. Ordinance No. 16,834 was the next presentation, described as: AN ORDINANCE REPEALING ORDINANCE NO. 14,850 AND REVOKING A "PRD" DISTRICT TITLED THE BLUFFS SHORT -FORM PRD (Z -4396) IN THE CITY OF LITTLE ROCK; (Z -4396 - Revoking The Bluffs PRD at Garland and Gaines Streets and restoring the previous "R -511, 110-3" and 11I -2" zoning classifications for Lots 11, 12, 13, 14 & East 100 ft. of Lots 8, 9 and 10, all in Block 181, Original City.) with the Ordinance being read the first time. There was a motion by Director Adcock to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Mason and unanimously adopted by the Board Members present, being ten 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 Mason, seconded by Director Joyce, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and there was a third and last reading of the Ordinance. An Aye and No Vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Mason, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Mayor Dailey and Director Sharp - total 10; Noes - None; Absent - None; Position No. 6 Vacant - total 1. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled by Resolution No. 9,311, adopted January 3, 1995, and notice thereof duly published on January 10, 1995 and January 17, 1995, on the petition from Rev. Robert L. James, Minister of the Lewis Street Church of Christ, to vacate and close West 28th Street from the west line of Lewis Street to the east line of the drainage ditch, in Riffel and Holder's Addition to the City of Little Rock, Arkansas. The closure was approved by the Planning Commission on November 1, 1994. Attached to the petition was a certified copy of said addition on file in the Pulaski County Circuit Clerk's Office, and a letter from Beach Abstract and Guaranty Company listing the last apparent owners of record to abutting property. Mayor Dailey declared the public hearing open and with no objections HILS PUG Minutes January 17, 1995 the PUD at the recommendation of the Planning Staff. Mr. Tim Polk, Acting Director of Neighborhoods and Planning, explained that originally the plan was to rezone from "C -3" to "C -4" Open Display District. Staff knew there would be neighborhood opposition, so recommended a PUD that would allow some site plan review and would allow Mr. Wins to do some other things conducive to the properties around the site. Director Wyrick stated that she was a member of the Planning Commission at the time this was presented, and the Planning Commission did deny the project because of neighborhood objections to the used car lot. Director Wilson said she also spoke to residents in the area who are very much opposed to this zoning classification because someone else could come in and be destructive. Following the discussion, Mayor Dailey declared the public hearing closed, no action was taken by the Board of Directors; therefore, the denial by the Planning Commission was upheld, and the two companion Ordinances (to amend the Central City Land Use Plan and to waive street improvements on Louisiana Street) were not presented. Consideration was then given to a proposed Ordinance, entitled: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE I -430 DISTRICT; CHANGING AN AREA FROM OFFICE TO MIXED OFFICE AND COMMERCIAL, SOUTH OF CHENAL PARKWAY AND WEST OF HERMITAGE ROAD; AND FOR OTHER PURPOSES; (Re: Z -5887 - Embassy Suites.) and the proposed Ordinance was read the first time. With no motion for suspension of the rules, it remained on the calendar for second reading at the February 7, 1995, Board of Directors meeting. (See discussion on proposed Ordinance below - 2- 5887.) The following proposed Ordinance was presented, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT - COMMERCIAL TITLED EMBASSY SUITES SHORT FORM PD -C (Z- 5887), AND LOCATED ON THE SOUTH SIDE OF FINANCIAL CENTER PARKWAY, APPROXIMATELY 0.4 MILE WEST OF SHACKLEFORD RD., 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. (Also see Minutes of 11- 15 -94.) (Z -5887 - Embassy Suites PD -C - Financial Center Parkway.) Mr. Maurice Lewis of the Arkansas Hospitality Association spoke in support of the Embassy Suites. He stated that he would be very much opposed to anything that would compete with the Statehouse Convention Center; that he has looked at the plans and it is nothing more than a first class hotel facility. Mr. Dan Robinson, II, 7 Longfellow Lane, (real estate agent for the property) addressed the Board and encouraged the members to take a look at the community, not only how we see it from inside out, but how others see us from outside in. In support of the project, he asked the Board to think about what this could do for our community and what the business generator could be. Mr. 17 Minutes January 17, 1995 Mr. Cedrick Rodgers, P. O. Box 549, Little Rock, the applicant for Zoning Case No. Z- 4985 -C, the Mid - America Center PRD, located on the north side of Nest Roosevelt Road between Battery and Wolfe Streets, explained the proposed project to the Board, stating all requirements of the City had been met to change the R -3 duplex to a PRD classification. The zoning was approved by the Planning Commission and Mr. Rodgers asked the Board to please support the issue when it comes before the Board. Mayor Dailey advised that the matter would be placed on the Agenda for the February 7, 1995, Board Meeting. Resolution No. 9,320, was then presented, entitled: A RESOLUTION OF INTENT TO SUPPORT A GRANT REQUEST FROM THE DEPARTMENT OF TRANSPORTATION TO OBTAIN MONIES FOR A CENTRAL ARKANSAS TRANSIT AUTHORITY TRANSFER STATION; TO AGREE TO PROVIDE $590,000 FROM EXCESS TAX RECEIPTS IN THE FUTURE- LITTLE ROCK RESERVE FUNDS IF THE FEDERAL GRANT IS FORTHCOMING; AND FOR OTHER PURPOSES; (For a bus transfer station for CATA if grant funds are received, and further agrees that this participation will be in the amount Of $590,000.) Before the Resolution was read, a lengthy discussion opened with Director Keck asking Mr. Keith Jones of CATA, if it is possible for this downtown transfer project to be creative and innovative. Mr. Jones replied, "yes it is, and it is something that we will pursue. Director Keck questioned Mr. Jones, "do you have a priority list of sites ?" He answered, "we had a feasibility study that was completed early last year that recommended the site, but we know that site has generated some opposition and once we receive a grant, we will have a site selection as part of the environmental assessment." Mr. Jones advised Director Keck that it would be thirty to ninety days before we know the grant is approved. At the request of Director Mason, Mr. Jones said that he would submit a report based on the plans for the upcoming year to the Board of Directors. Director Sharp asked Mr. Jones, "can you meet these expenses ?" Mr. Jones answered, "no, what we come to you each year for is enough money to operate." In explaining the formula for the City of Little Rock's share of the operating budget, Mr. Jones stated the funding is based upon miles of vehicle service for each entity rather than the population. Upon question by Mayor Dailey, Mr. Jones advised there is no site location yet for the transfer station. The discussion continued with Mr. Jones answering questions from Director Hodges and other Board Members. In closing, Director Adcock added, "we need a transfer station." The Resolution was then read in full and a motion followed from Director Adcock, seconded by Director Keck, that the Resolution be adopted. The motion was unanimously adopted and Mayor Dailey declared the Resolution adopted. A public hearing had been scheduled for this time and place to consider Zoning Appeal Z- 1730 -C, filed by M. C. Wins, to rezone the South 40 feet of Lot 1, and all of Lots 2 & 3, Block 2, Fletcher & Wright Addition, described as 201 West Roosevelt Road, from 11C -3" Commercial District to a_PUD District (Planned 1 Minutes January 17, 1995 minutes, instead of the usual five minutes. This was due to a larger number of persons signing cards to speak. In speaking, Mr. McIntosh thanked all the black people for coming out to the Martin Luther King Parade and continued speaking. (Director Wilson was enrolled at 6:15 o'clock P. M.) When Mayor Dailey advised Mr. McIntosh his three minutes had expired, there was a slight disruption of the meeting by Mr. McIntosh when he insisted on speaking five minutes, and Mayor Dailey called for a ten minute recess. When the Board reconvened at 6:25 o'clock P. M., Mayor Dailey presided with all members of the Board present, and Position No. 6 Vacant. Mr. John Phillips, 2400 Wolfe Street, spoke to the Board regarding Zoning Case No. Z- 4985 -C, the Mid - America Center PRD, located on the north side of West Roosevelt Road between Battery and Wolfe Streets. Mr. Phillips was opposed to hearing the proposal at this time. City Manager Charles Nickerson advised the Planning Commission approved the rezoning on January 10, 1995, with a lot of opposition, and Staff was opposed to adding the rezoning to the Agenda tonight. Mr. John Lewellen, 1922 Wolfe Street, and a former member of the Little Rock Board of Directors, signed a card to be heard relative to Zoning Case No. Z- 4985 -C, as mentioned above. He stated the neighborhood is strongly opposed to the land use change and some of the residents had signed a petition in opposition. Mr. Lewellen said it was the understanding that Director Wilson would ask that the Zoning Case be heard tonight. Mayor Dailey then announced that the matter would not be considered tonight, and would come before the meeting on February 7, 1995. Mr. Joe Cole, 101 Ridgeway, representing the Youth Advisory Council, requested that the Board establish a Youth Board Position, and asked that a youth vote be incorporated into issues involving the youth of Little Rock. Mayor Dailey thanked Mr. Cole, David Slade, Jenny West, and Amber Wilhelm for attending the Board Meeting. Ms. Nancy Clark, 27 Sherrill Road, spoke regarding the green space adjacent to the Little Rock Zoo, known as War Memorial Golf Course, located in War Memorial Park. She said both the Zoo and Golf Course are valuable tourist attractions and should not be replaced by a sports arena, and asked the Board to "please do what you can to save the space." Mayor Dailey advised Ms. Clark that all of the locations for the proposed arena are in the downtown area. Rev. George Bynum, 8703 Shelly Drive, appeared before the Board to speak about pay raises and working conditions in the Street Department, and asked that some of the Board Members discuss this with the employees in that department. Mayor Dailey advised Rev. Bynum that the Board does not usually hear these issues, and suggested that he go through the chain of command. Minutes January 17, 1995 (i) Resolution No. 9,318, described as: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF DASSAULT FALCON JET CORPORATION TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM. (Located at 10th and Leonard Streets.) (j) Resolution No. 91319, containing the following title: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE FUTURE- LITTLE ROCK INITIATIVE FUNDING FOR PREVENTION, INTERVENTION AND TREATMENT PROGRAMS; AND FOR OTHER PURPOSES. ($2,500,000) (Prevention & Intervention Programs: Task Force for the Prevention of Youth Violence - $100,000; Youth Employability & Violence Prevention - $200,000; Operation Safe Summer - $20,000; Youth Initiative Project - $300,000; Our Clubs - $150,000; Our Club Mall - $10,000; Neighborhood Programs - $400,000; Parks & Recreation Community Centers - $250,000; Step One Alternative School - $35,500; Arts & Humanities Promotion Commission - $24,000. Treatment Programs: Adolescent Treatment - $500,000; Adult Treatment - $160,500; Women's Outpatient Treatment - $175,000; Fighting Back Support Centers - $175,000.) By a motion from Director Mason, seconded by Director Sharp, which was adopted by unanimous vote of the Board Members present, the Consent Agenda was dispensed with as follows: (a) Minutes of the October 18, 1994 meeting, were approved as written and distributed to Board Members; (b) The Oakland Fraternal Cemetery Audit Report was received and filed; (c) The Comparative Statement of Income Account of the Little Rock Municipal Water Works was received and filed; and (d, e, f, g, h, i and j) Resolutions No. 9,313, 9,314, 91315, 91316, 91317, 9,318 and 9,319, were read in full and unanimously adopted by members of the Board of Directors present. (Director Hinton was enrolled at 6:05 o'clock P. M.) Mayor Dailey announced that Item 9 on the Agenda would be considered at this time, as requested by the applicant, Michelle Roy, who needs to leave as soon as possible due to a family illness. The proposed Ordinance was introduced, with the title being: AN ORDINANCE CONDEMNING 715 SHERMAN STREET IN THE CITY OF LITTLE ROCK AS A STRUCTURAL, FIRE AND HEALTH HAZARD; PROVIDING FOR SUMMARY ABATEMENT PROCEDURES; DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID STRUCTURE; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. (Kramer School - 715 Sherman Street.) (The proposed Ordinance was tabled on 6- 21 -94; removed from the table and read the first time on 12- 20 -94; read the second time on 1 -3 -95 and left on the calendar for third reading on 1- 17 -95.) In a brief discussion, City Manager Charles Nickerson explained that he had talked with the Roy's about the City taking the facility and "mothballing" it but advised that more time will be needed in order to obtain hard data on what the City's realistic