Loading...
HomeMy WebLinkAbout01-05-93227 Board of Directors Chamber Little Rock, Arkansas January 5, 1993 - 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 Priest, Roy, Sharp, Lewellen, Mason and Adcock - total 6; Absent - None. With a quorum present, Mayor Dailey declared the Board of Directors in session. The Invocation was given by Director Dailey. The Consent Agenda was the first presentation, consisting of the following items: (a) The approval of the Minutes of the previous meeting held December 15, 1992. (Note: The Minutes of the reconvened meeting held December 21, 1992 were deferred as requested by the City Clerk.) (b) The Abstract of Votes of the General Election held November 3, 1992, on the election of four City Directors and two Municipal Judges, Resolution No. 8,781 (Fire Pension millage increase), Resolution No. 8,782 (Police Pension millage increase) , and the Rebsamen Park Road /Jimerson Creek Bridge Initiative Petition. (c) The Audit Report of Oakland - Fraternal Cemetery for the year ending October 31, 1992. v Statement (d) The Comparative S ate t of Income Account of the n Little Rock Municipal Water Works for the month of November, 1992. (e) A motion to set the date for public hearing on an appeal of the Planning Commission's denial of Zoning Case Z -5646 for National Home Center PCD at the southwest corner of Highway No. 10 and Taylor Loop Road. (January 19, 1993.) (f) Resolution No. 8,843, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A NON - MONETARY AGREEMENT WITH FIRST COMMERCIAL BANK TO MAKE BANK LOANS IN TANDEM WITH THE CITY'S CDBG AND HOME PROGRAM LOANS FOR OWNER OCCUPIED HOUSING REHABILITATION DURING CALENDAR YEAR 1993. (g) Resolution No. 8,844, with the title being: A RESOLUTION CALLING FOR A PUBLIC HEARING REGARDING THE ANNEXATION OF CERTAIN LANDS. ( 11I -30 Island ") (February 16, 1993) (h) Resolution No. 8,845, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF A TRAILER MOUNTED LEAF LOADER; AND ANNUAL CONTRACTS FOR TIRE RETREADING, OIL AND LUBRICANTS, TIRES AND TUBES FOR THE DEPARTMENT OF GENERAL SERVICES /FLEET SERVICES DIVISION. 1 228 Minutes January 5, 1993 (i) Resolution No..8,846, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR RENOVATION OF THE REBSAMEN GOLF CLUBHOUSE. (Maumelle Contractors, Inc. - not to exceed $56,960.) (j) Resolution No. 8,847, with the title being: A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF LITTLE ROCK TO UTILIZE FEDERAL -AID MONIES FOR THE CONSTRUCTION OF KANIS ROAD FROM I -430 TO MICHAEL DRIVE, A 1988 CAPITAL IMPROVEMENT BOND PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL APPROPRIATE AGREEMENTS AND CONTRACTS; AND FOR OTHER PURPOSES. (k) Resolution No. 8,848, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR DESIGN ENGINEERING TO RECONSTRUCT GILLAM PARK ROAD FROM HIGHWAY 365 TO GRANITE MOUNTAIN CIRCLE AS PART OF THE 18TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. (Civil Design, Inc. - $24,240.) (1) Resolution No. 8,849, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE WIDENING OF BRYANT STREET FROM ASHER AVENUE TO WEST 32ND STREET AND WEST 30TH STREET TO ARCHWOOD, A 1988 CAPITAL IMPROVEMENT BOND PROJECT. (Hogan Construction Co., Inc. - not to exceed $261,118.60.) (m) Resolution No. 8,850, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO HEAVRIN CONSTRUCTION COMPANY FOR CONSTRUCTION OF DRAINAGE IMPROVEMENTS. (In the vicinity of Jackson St. and Club Rd. - Not to exceed $273,552.) (n) Added to the Consent Agenda at the request of Director Priest was Resolution No. 81851, described as: A RESOLUTION STATING THE CITY OF LITTLE ROCK'S INTEREST IN PARTICIPATION IN THE ARKANSAS ENTERPRISE ZONE PROGRAM AND DESIGNATION OF A CERTAIN ENTERPRISE ZONE IN LITTLE ROCK; AND OTHER PROVISIONS RELATED THERETO. (o) Added to the Consent Agenda at the request of Director Priest was Resolution No. 8,852, entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF ARKANSAS FLAG AND BANNER, INC. TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM. (Located at 800 West Ninth Street.) By a motion from Director Priest, seconded by Director Mason, the Consent Agenda was dispensed with as follows: (a) The Minutes of the regular meeting held December 15, 1992, were approved as written and distributed to the members of the Board of Directors (Note: The approval of the Minutes of the reconvened meeting held December 21, 1992 was deferred at the request of City Clerk Robbie Hancock); (b) the Abstract of Votes of the General Election held November 3, 1992, was received and filed; (c) the Audit Report of Oakland - Fraternal Cemetery for the year ending October 31, 1992, was received and filed; (d) the Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of November, 1992, was received and filed; (e) a motion was adopted to set a public hearing on January 19, 1993, on Zoning Appeal Z -5646; and (f, g, h, i, j, k, 1, m, n, 2 Minutes January 5, 1993 229 and o) Resolutions No. 8,843, 8,844, 8,845, 8,846, 8,847, 8,848, 8,849, 8,850, 8,851, and 8,852 were read in full and adopted by a vote of 6 ayes and 1 no (Director Roy). At the time allotted for Citizen Communications, Ms. Marion Elliott, 7372 Knollwood, addressed the Board of Directors regarding the fee to be charged for use of the outdoor swimming pool at War Memorial Fitness Center. She stated that she had been told the price would be nominal, but what is nominal for some is not for others, and she requested that the fee be the same as when the pool was previously in operation, which was $1.00 for adults and fifty cents for those under age 18, to allow low and moderate income families to use and enjoy the facility. Mr. Truman Tolefree, Assistant Director of the Department of Parks and Recreation, stated that the prices have not been set. Mayor Dailey requested that Mrs. Elliott be notified of the rate schedule. The next presentation was Ordinance No. 16,334, entitled: 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; and said Ordinance was read the first time. The rules were then suspended and the Ordinance placed on second reading by motion from Director Lewellen and seconded by Director Priest, which was adopted by a voice vote of 6 ayes and 1 no (Director Roy) of the 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 Priest that the rules again be suspended and the Ordinance be placed on third and final reading. Director Lewellen seconded the motion which was adopted by a voice vote of 6 ayes and 1 no (Director Roy) 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 - Mayor Dailey, Directors Adcock, Priest, Sharp, Lewellen and Mason - total 6; Noes - Director Roy - total 1; Absent - None. Whereupon, the Ordinance was declared PASSED. (NOTE: Director Roy commented he felt the order of business for the Board of Directors was to find a City Manager to replace Tom Dalton, who had resigned effective January 2, 1993, and that he objected to the Board carrying on business as usual without a City Manager.) Introduced next was Ordinance No. 16,335, described as: AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE BIDDING FOR DEMOLITION OF A BUILDING AT THE FOURCHE CREEK WASTEWATER TREATMENT PLANT; AND DECLARING AN EMERGENCY; and said Ordinance was read the first time. The rules were then suspended and the Ordinance placed on second reading by motion from Director Lewellen and seconded by Director Priest, which was adopted by a voice vote of 6 ayes and 1 no (Director Roy) of the 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 Priest that the rules again be suspended and the Ordinance be placed on third and final reading. Director Lewellen seconded the motion which was adopted by a voice vote of 6 ayes and 1 no (Director Roy) 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 3 230 Minutes January 5, 1993 Ordinance ensued, followed by an Aye and No Vote taken on passage of the Ordinance, with the results recorded as follows: Ayes - Mayor Dailey, Directors Adcock, Priest, Sharp, Lewellen and Mason - total 6; Noes - Director Roy - total 1; Absent - None. The Emergency Clause contained in Section 2 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Mayor Dailey, Directors Adcock, Priest, Sharp, Lewellen and Mason - total 6; Noes - Director Roy - total 1; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was then declared PASSED. The next presentation was Ordinance No. 16,336, with the titled being: AN ORDINANCE TO AMEND ORDINANCE NO. 16,331 (THE 1993 BUDGET ORDINANCE) AND APPROPRIATING FUNDS FOR CERTAIN EXPENDITURES; (1993 salary adjustments for non -union employees.) and said Ordinance was read the first time. The rules were then suspended and the Ordinance placed on second reading by motion from Director Lewellen and seconded by Director Priest, which was adopted by a voice vote of 6 ayes and 1 no (Director Roy) of the 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 Priest that the rules again be suspended and the Ordinance be placed on third and final reading. Director Lewellen seconded the motion which was adopted by a voice vote of 6 ayes and 1 no (Director Roy) 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 - Mayor Dailey, Directors Adcock, Priest, Sharp, Lewellen and Mason - total 6; Noes - Director Roy - total 1; Absent - None. Whereupon, the Ordinance was declared PASSED. Director Lewellen moved that the Board of Directors go into executive session to consider the appointment of an Interim City Manager. However, Director Priest suggested that since there were a lot of people present regarding the discussion of the Osborne Christmas lights (see Minutes of December 15, 1992) and the Board had agreed to limit the discussion to thirty minutes, it might be best to hear from them before going into executive session. Therefore, Director Lewellen withdrew the motion. A public hearing had been scheduled for this time and place by Resolution No. 8,836 to consider the issuance of revenue bonds by the City of Little Rock Elderly Housing Facilities Board for the Good Shepherd Ecumenical Retirement Center located on Aldersgate Road. Mayor Dailey declared the public hearing opened. No one was present to speak in opposition to the proposal; therefore, Mayor Dailey declared the public hearing closed and Resolution No. 8,853 was presented, with the title being: A RESOLUTION APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CITY OF LITTLE ROCK, ARKANSAS ELDERLY HOUSING FACILITIES BOARD ON BEHALF OF ERC FOUNDATION, INC., AN ARKANSAS NONPROFIT CORPORATION; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; (Good Shepherd Ecumenical Retirement Center on Aldersgate Road.) and the Resolution was read in full. A motion was made by Director Priest and seconded by Director Adcock, that the Resolution be adopted. The Resolution was adopted by voice vote of 6 ayes and 1 no (Director Roy). 4 Minutes January 5, 1993 23 The next item on the Agenda was a discussion of the request from Sterling Cockrill on behalf of Metrocentre Improvement District No. 1 for a refund of a portion of the funds contributed for the project to reopen Main Street (see Minutes of December 15, 1992). Mayor Dailey stated he and City Attorney Tom Carpenter had talked with Mr. Cockrill and all agreed to defer this matter until the next meeting. Mayor Dailey then opened the discussion on the issue of 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 on Cantrell Road and created a serious problem by blocking access to Robinwood Subdivision. Speaking in support of the lights were Mr. Robert "Say" McIntosh, Mr. John Jo Howllett, and Mr. R. C. Lowry. Mr. Lowry, attorney for the Osbornes, stated the Osbornes intentionally did not bring a lot of supporters to the meeting because the City Manager's Office had received 9,000 cards and 2,600 letters in support of the lights. Also there were 1200 letters that had not been opened. (Note: The Osbornes had placed ads in state newspapers and distributed cards asking people to support the Christmas light display.) Mr. Lowry also presented Board Members with sample copies of some of the letters the Osbornes have received every year in support of the lights. He stated that it is the desire of the Osborne family to sit down with City staff to analyze the information gathered this season and to discuss the various options available. Mr. Lowry then responded to questions from members of the Board of Directors. City Attorney Tom Carpenter stated that staff had checked the records for a three year period and did not find any recorded incident in which the emergency vehicles (ambulance, fire, police) had not been able to meet their response time. — Speaking in opposition to the lights were Dr. Ed Barron, Dr. Sam Welch, JoAnn Leeth, Brent Brown, Arleta Power and Don Hamilton. They said they were not against the Christmas lights and think people should enjoy them, but the situation has gotten out of hand because of the traffic situation. Dr. Barron expressed fear for safety and said that property should not be destroyed and children should not be placed at jeopardy and in danger of loss of life. He had made pictures of where cars parked and a video tape for the Board Members. He then read a fictitious letter from "Christmas Future." Dr. Barron stated that traffic was at a standstill for six hours on Christmas Day with no police protection of any sort. The next speaker was Dr. Sam Welch, an ENT surgeon living in Robinwood. He stated he enjoyed the lights, however, the ever enlarging display of Christmas lights on Cantrell Road was beginning to pose a significant problem for him personally and professionally. His concern was for his ability to reach the hospital emergency room in response to a call due to the traffic condition. Mrs. JoAnne Leeth, a new resident of the Robinwood Addition, stated the lights were a negative factor to the area because of the trash, noise and traffic congestion. Mr. Brent Brown, representing the Echo Valley Homeowners Association, stated they were not opposed to the Osborne's Christmas lights, but were opposed to the following problems caused by the lights: (1) bottleneck traffic situations caused by the sightseers' cars parked on both sides of the roads near the Osborne residence, (2) emergency vehicles would have a difficult time trying to maneuver through those streets, (3) sightseers are very inconsiderate to the home owners in the area, i.e. yelling, screaming, loud music, littering, verbal abuse, driveways blocked, trespassing and urinating in yards, etc. The 5 232 Minutes January 5, 1993 compromise provisions were not lived up to. He asked that the lights be located in another suitable location in Little Rock better equipped to handle this type of display. Ms. Arleta Power, president of the River Ridge Association, stated that the original intent of the Osbornes was a gift to the citizens of Little Rock, but as the display grew, so did the problems. She displayed a map showing that there are no alternate routes out of River Ridge and Robinwood Subdivisions, those residents have to use Cantrell Road to enter and exit. She urged the City of Little Rock and the Osborne family to work together to move the display somewhere else. The last speaker was Mr. Don Hamilton, who stated that ingress and egress from these neighborhoods is terribly difficult if not impossible. He referred to the trash dropped on private property by the sightseers and the low flying helicopters violating air space. He then reviewed the private restrictions placed on the Osborne property that prohibit nuisances. In conclusion he stated the only solution is court and asked the Board of Directors to refer this matter to City Attorney Tom Carpenter to have this nuisance abated. At the request of Director Roy, Judge Bill Watt, Municipal Court Traffic Division, was present to comment on how the issue of the Osborne Christmas lights has affected the Traffic Court. Judge Watt said there have been more complaints and more response out of this issue than any other issue and it rivals only the Geyer Springs cruising issue. He had met with City Attorney Tom Carpenter to discuss the City's response based on the complaints. The question is whether or not the City has a responsibility legally to be a party or to move forward, or is it a private owner situation, or are we in a partnership. Judge Watt and City Attorney Tom Carpenter agreed that prior actions in other cities would be very relevant and the City Attorney's Office has started this research. Then we can define the proper role for the City to take as a municipality, and be in a position to try to reconcile the matter. Upon question by Mayor Dailey, City Attorney Tom Carpenter said he hoped to have the results of the research in 3 or 4 weeks. Director Priest stated three issues: (1) what is the role of the State Highway Department since Cantrell Road is a State Highway, (2) if Mr. Osborne purchases the homes on either side of him with the intention to deal with parking, then that is a zoning issue, and (3) explore some of the responsibility factors of his having an attractive nuisance in terms of mitigating accidents and damages to property. City Attorney Tom Carpenter responded that Arkansas Highway Department had been contacted, particularly regarding signage for traffic coming over the hill, and AHD indicated resistance because signage would cause more accidents than would be prevented. Directors Lewellen and Adcock mentioned the possibility of some type of shuttle service. Police Chief Caudell responded to questions regarding the traffic situation, use of off -duty police officers, and parking. Chief Webb responded to questions regarding fire runs in the area. Mayor Dailey concluded the discussion by stating the Board would consider the information that had been presented, get further information from the research being done by the City Attorney's Office, find out how other major events throughout the City of Little Rock are being handled, possibly appoint a citizens committee to work with the City staff and the Osbornes, do some regrouping and be prepared to bring up the issue at a later date. Mr. Hamilton suggested that Ms. Arleta Power be the contact person for the Robinwood and River Ridge areas. C Minutes January 5, 1993 233 At 7:30 o'clock P.M. Mayor Dailey announced that the Board of Directors would recess to executive session in the Board's Conference Room for the purpose of considering appointments to various Boards and Commissions and the selection of an Interim City Manager. When the Board of Directors reconvened at 9:25 o'clock P. M. from executive session, Mayor Dailey presided and the following Directors answered roll call: Directors Priest, Roy, Sharp, Lewellen, Mason and Adcock - total 6; Absent - None. Mayor Dailey announced that no action was taken on the appointment of an Interim City Manager, but the Board of Directors will reconvene on Thursday, January 7, 1993, at 1:00 o'clock P. M. with the intention of appointing an Interim City Manager. Consideration was then given to Resolution No. 8,854, entitled: A RESOLUTION MAKING BOARD OF DIRECTORS APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS; (Advertising & Promotion - John Lewellen & Jeff Sharp; Downtown Partnership - Jeff Sharp, John Lewellen, F. Hampton Roy; Metroplan - Sharon Priest; Municipal Judges Pension Board - Joan Adcock; PIC Chief Elected Official - Jesse Mason, Jr.) with the Resolution being read in its entirety. A motion was made by Director Lewellen, and seconded by Director Priest, that the Resolution be adopted. The Resolution was adopted by unanimous voice vote of the Board Members present. The next presentation was Resolution No. 8,855, described as: A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE BOARD OF ELECTRICAL CODE APPEALS, CENTRAL ARKANSAS LIBRARY SYSTEM BOARD OF TRUSTEES, CITY BEAUTIFUL COMMISSION, CITY SAFETY COMMISSION, AND THE ARTS & HUMANITIES PROMOTION COMMISSION. (Arts & Humanities - Helen Buchanan & George Wittenberg III reappointed; Electrical Code - Larry Crenshaw & Rudy Fenton - reappointed; CAT - Sherman Banks reappointed & J. Somers Matthews appointed; City Beautiful - James F. Goodhart appointed; City Safety Commission - David Leggett and Milton Fine reappointed.) with the Resolution being read in its entirety. A motion was made by Director Lewellen, and seconded by Director Priest, that the Resolution be adopted. The Resolution was adopted by unanimous voice vote of the Board Members present. Director Adcock asked for reconsideration of the proposed Ordinance increasing permit fees for building, electrical, plumbing and related work. (See Minutes of December 15, 1992 and December 21, 1992. Note: The Ordinance FAILED by vote of 7 noes.) She referred to the Minutes of December 15 which stated that Mr. Lewis May spoke on behalf of the Associated General Contractors and the Associated Building Contractors, stating those organizations were willing to support the increase in building permit fees if the four staff positions were not eliminated. The four positions were not eliminated; however, the fees were not increased. Other Board Members stated they would like to have more information on where the money would be spent before reconsidering the permit fee increase. Director Adcock also requested that Mr. Mike Batie, Director of Public Works, renegotiate with the Little Rock Municipal Water Works and the Little Rock Wastewater Utility the amounts contributed for PAGIS (Pulaski Area Geographic Information System). The current ratio is 600- 20 % -20% and she felt the two utilities should be paying 7 234 Minutes January 5, 1993 more than 20% of the cost. If the City's share was reduced, those dollars would be available for other needs. Director Roy again objected to bringing up any budget matters before the Board has selected an Interim City Manager. Upon question by Director Mason, City Attorney Tom Carpenter explained the AT &T litigation regarding the long distance telecommunications franchise fee. There is presently $2,000,000 in escrow drawing interest and the City did receive a favorable ruling in October, 1992; however, AT &T has thirty days to file an appeal. He advised that the Board of Directors might not want to risk using that money and then having to pay interest of 10% over a three year period should the Court rule that the City had the benefit of the use of the money during the litigation. Director Sharp requested that the Board set priorities: (1) get an Interim City Manager, and (2) do whatever is necessary to get some money to the Police Department to protect the citizens of Little Rock, if it means restructuring the budget or increasing utility franchise fees. The proposed Ordinance was then presented, with the title being: 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; and the proposed Ordinance was read the first time. There was a motion by Director Mason, seconded by Director Sharp, to suspend the rules and place the Ordinance on second reading. Director Lewellen then moved to table the motion to place the Ordinance on second reading. Director Roy seconded the motion which was adopted by the following roll call vote: Ayes - Mayor Dailey, Directors Priest, Roy, and Lewellen - total 4; Noes - Directors Adcock, Sharp, and Mason - total 3; Noes - None. Therefore, the second reading of the Ordinance did not occur, and the proposed Ordinance was left on the calendar for second reading on January 19, 1993. There being no further business to be presented, Mayor Dailey declared the Board of Directors in recess until Thursday, January 7, 1993, to reconvene at 1:00 o'clock P.M. to consider the appointment of an Interim City Manager. ATTEST: City Clerk Robbie Hancock N APPROVED: v `4' Ovy4or�ltiJim Dailey