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HomeMy WebLinkAbout03-16-93281 Board of Directors Chamber Little Rock, Arkansas March 16, 1993 - 6:05 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 Lewellen, Mason and Adcock - total 3; Absent Directors Priest, Roy and Sharp - total 3. With a quorum present, Mayor Dailey declared the Board of Directors in session. The Invocation was given by Vice Mayor /Director Mason, followed by the Pledge of Allegiance. The Consent Agenda was the first presentation, consisting of the following items: (a) Approval of the Minutes of the Board of Directors regular meeting held February 16, 1993, and the special meeting held February 24, 1993. (b) A motion to set the date for public hearing on April 6, 1993, on the projected use of the Community Development Block Grant (CDBG) funds for 1993 and a proposed amendment to the FY 1992 (18th year) use of CDBG funds. (c) Resolution No. 8,878, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR TWO AUTOMATED VERTICAL FILING SYSTEMS FOR THE POLICE DEPARTMENT; GASOLINE AND DIESEL FUEL FOR THE DEPARTMENT OF GENERAL SERVICES /FLEET SERVICES DIVISION; REFLECTIVE MARKING COMPOUND FOR THE DEPARTMENT OF PUBLIC WORKS /OPERATIONS DIVISION; AND THE ANNUAL CONTRACT FOR COMMERCIAL TRASH COLLECTION FOR THE DEPARTMENT OF PUBLIC WORKS. (d) Resolution No. 8,879, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR ENGINEERING SERVICES TO DESIGN THE RODNEY PARHAM ROAD WIDENING PROJECT, A PART OF THE SYSTEMATICS, INC. EXPANSION. (McClellan Engineering, Inc. - not to exceed $35,000.) Upon motion by Director Lewellen, seconded by Director Adcock, which was unanimously adopted, the Consent Agenda was dispensed with as follows: (a) The Minutes of the Board of Directors regular meeting held February 16, 1993, and the special meeting held February 24, 1993, were approved as written and distributed to members of the Board of Directors; (b) The motion setting the date for public hearing on April 6, 1993, on the projected use of CDBG funds was adopted; and (c and d) Resolutions No. 8,878 and 8,879 were read in full and unanimously adopted by the Board Members present. (Director Roy enrolled at 6:10 o'clock P.M.) Director Adcock Mr. Rex Crane for h Charlene Hardcastle Commission, and Ms. Safety Commission. Certificate. presented Ls service for her Ginny Hat Ms. Hatch Certificates of Appreciation to on the Board of Adjustment, Ms. service on the City Beautiful ch for her service on the City was not present to receive her At the time allotted for Citizen Communications, Mr. Mahlon Martin (a former Little Rock City Manager), Vice President of New Futures for Little Rock Youth, referred to a letter from Judge 282 Minutes March 16, 1993 Joyce Warren, President of New Futures for Little Rock Youth, to the Annie E. Casey Foundation, expressing appreciation for its decision to extend the life of New Futures by two years and also to appropriate an additional $1,000,000 each year. Mr. Martin emphasized that one of the reasons New Futures for Little Rock Youth was chosen was its relationship with the City of Little Rock and the City's participation in the collaborative, as well as the expectation that relationship will continue. He thanked the Directors for their assistance and continued support. Rev. George Bynum, 8703 Shelley Drive, stated that City Inspectors are going into back yards in Southwest Little Rock without permission and leaving gates open, and he questioned: "How can they just go in back yards whenever they get ready ?" Rev. Bynum also gave Director Adcock a list of addresses and said there are abandoned cars setting in front north of his house on Shelley Drive that have been there 8 or 10 years with junk piled in them. He said he has reported them, but nothing has been done. Rev. Bynum said only certain areas are being bothered by the inspectors - particularly on Shelley Drive. City Attorney Tom Carpenter responded that the City Ordinance doesn't give Inspectors authority to go in back yards without permission, but anyone age 14 or older at the premises can give such permission. Mr. Carpenter also reported that his office had received complaints regarding this problem and he is looking into the allegations that City officials have been trespassing. He suggested possibly having training sessions for inspectors so they will know what they can or cannot do. Mayor Dailey told Rev. Bynum to call if he had not received a report in a week or 10 days. Mrs. Mattis Ruth Tipton, 6116 Santa Monica Drive, addressed the Board of Directors on behalf of the McClellan Community Advisory Council. She expressed appreciation and support for the Resource Officer in McClellan School and also the Neighborhood Alert Center and the Step -Up Center. She stated the Advisory Council did have one concern and that is the status of the Southwest Complex and Park. She said there was a ground breaking ceremony in August, 1992, at which time the announcement was made that the first phase of the complex would be completed in the spring of 1993, but it doesn't look like the first phase is going to be completed. Director Adcock advised Mrs. Tipton that Mr. Bill Bunten, Director of Parks and Recreation, would be presenting the details to the community on March 27, 1993 at "What Is Right About Southwest Little Rock Day." City Manager Charles Nickerson said he would provide the Board of Directors with an update on all of the Bond Projects. The first Zoning issue on the Agenda was a public hearing on the Zoning Appeal of a Conditional Use Permit (Z -5641) for Hicks Daycare Center at 1801 Dennison street, which was denied by the Planning Commission on December 15, 1992. Mr. Clarence Hicks, applicant, was present and requested a deferral of the public hearing due to the absence of his attorney, Mr. Michael Booker. Therefore, the public hearing was deferred until April 6, 1993, and the Resolution (rescinding) or (sustaining) the Planning Commission's action in denying the Conditional Use Permit was not presented. (Note: Mayor Dailey advised opponents that were present that the Board of Directors would act on the Zoning Appeal on April 6 even if the applicant and his attorney were not present.) Also appearing on the Agenda was a public hearing on a Zoning Appeal filed by residents of Woodcreek Subdivision, on a Conditional Use Permit (Z -5644) for Covenant Presbyterian Church at Chenal Valley and Pride Valley Drive, which was approved by the Planning Commission on January 26, 1993. The appeal was withdrawn by the residents of Woodcreek Subdivision prior to the meeting, therefore, no action was taken. 2 Minutes March 16, 1993 283 A public hearing had been scheduled for this time and place and notice thereof duly published on March 4, 1993, in the Arkansas Democrat Gazette on the sale of Waste Disposal Revenue Bonds in order to finance improvements to the City's waste disposal and collection system (sanitary landfill). Mayor Dailey declared the public hearing open. No one was present to speak in opposition to the Resolution and Mayor Dailey declared the public hearing closed. Resolution No. 8,880 was presented, with the title being: A RESOLUTION AUTHORIZING THE MAYOR AND TREASURER TO PROCEED WITH ALL ACTIONS NECESSARY FOR THE COMPETITIVE SALE OF THE CITY'S WASTE DISPOSAL REVENUE BONDS, SERIES 1993; AUTHORIZING A NOTICE OF SALE, BID FORM AND PRELIMINARY OFFICIAL STATEMENT; DESIGNATING THE MAYOR AND TREASURER TO DEEM FINAL THE OFFICIAL STATEMENT; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; and the Resolution was read in full. Director Adcock moved that the Resolution be adopted, and Director Lewellen seconded the motion. The Resolution was adopted by unanimous voice vote of the Board Members present. The next presentation was Ordinance No. 16,381, entitled: AN ORDINANCE APPROPRIATING FUNDS FROM THE GENERAL FUND TO MAKE NECESSARY PAYMENTS TO EMPLOYEES THAT MAY BE DEEMED TO HAVE BEEN IMPROPERLY ASSESSED VACATION OR SICK LEAVE; DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES; (Leave taken for less than 8 hours by active exempt employees over a three (3) year period - September 18, 1989 through September 18, 1992.) and after a first reading of the Ordinance, there was a motion by Director Lewellen, seconded by Director Mason, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being five 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 Lewellen and Mason, 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 five 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. City Attorney Tom Carpenter explained that the City of Little Rock became aware of this situation through its own internal review due to some cases coming up around the country and took action to alleviate the problem. All present employees that were improperly assessed vacation, sick leave or discretionary time have had leave reinstated and have been given additional time to use it. This Ordinance deals with terminated employees who would have been entitled to recoup some of this money as accrued vacation. The Aye and No Vote taken on passage of the Ordinance received the following response: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Roy and Lewellen - total 5; Noes - None; Absent - Directors Priest and Sharp - total 2. The Emergency Clause contained in Section 2 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Roy and Lewellen - total 5; Noes - None; Absent - Directors Priest and Sharp - total 2. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. 3 284 Minutes March 16, 1993 Introduced next was Resolution No. 8,881, described as: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF USF YEAST COMPANY TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM; (Located at 10001 Industrial Harbor Drive on the slackwater harbor in the Little Rock Port Industrial Park.) Mr. Mike Dooley, Economic Development Administrator, explained that this request is from USF Yeast Company, a corporation the City has been working with for over a year, who intends to build a plant on the Fred I. Brown Slackwater Harbor. The urgency appears to be due to pending legislation that may change benefits in the enterprise zone program. Director Roy moved that the Resolution be adopted. Director Mason seconded the motion, and the Resolution was adopted by unanimous voice vote of the Board Members present. Consideration was then given to Ordinance No. 16,382, entitled: AN ORDINANCE TO IMPLEMENT THE PROVISIONS OF ACT 239 OF 1993 CONCERNING THE MUNICIPAL JUDGE'S RETIREMENT FUND, AND FOR OTHER PURPOSES; (Note: Municipal Judge Bill Watt, Traffic Division, will receive credit for time served on the Pulaski County Quorum Court and with its sheriff's office in order to meet the requirement of 16 years of service to be eligible to retire at one -half pay. If Judge Watt is re- elected in 1995, he will have only 15 -112 years on the bench when that term expires, due to his election in March, 1986, to fill the unexpired term of Jack Magruder.) and the Ordinance was read the first time. There was a motion by Director Roy, seconded by Director Adcock, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. A second reading of the Ordinance followed, with a motion being made by Director Adcock, seconded by Director Lewellen, to further suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being five in number and two - thirds or more of members the Board of Directors - elect, and the Ordinance was read the third and last time. The question, Shall the Ordinance Pass, was submitted to an Aye and No Vote, which is recorded as follows: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Roy and Lewellen - total 5; Noes - None; Absent - Directors Priest and Sharp - total 2. Whereupon, the Ordinance was declared PASSED. Interim City Manager Charles Nickerson made follow -up reports to the Board of Directors regarding issues introduced at recent Board meetings. (1) Mr. Harold Medlock, 3400 Walker Street, addressed the Board on February 2, 1993, regarding a drug trafficking problem in the John Barrow area. The Police Department developed a plan that addressed his concerns and which has resulted in two search and seizure warrants and the arrest of three individuals, and the seizure of 2.5 ounces of crack cocaine and $1,000 in currency. Investigations are ongoing and more arrests are expected. Surveillance was set up in the John Barrow area and further resulted in three additional arrests for six alcohol related criminal offences. 4 r� Minutes March 16, 1993 (2) On March 2, 1993, Mrs. Marie Barfield, on behalf of the Women's City Club at 4th and Scott Streets, presented a petition to the Board of Directors requesting increased police protection around the Club, due to problems with criminal activities occurring generally Monday through Friday around 3:00 P.M. when the ladies were leaving the club going to the parking lot. The Police downtown mounted patrol is patrolling that area around the time indicated, and also patrol and meter enforcement officers have been advised of this situation and are continuing to monitor it. There being no further business to be presented, the Board of Directors adjourned at 6:40 o'clock P.M. to meet again in regular session on Tuesday, April 6, 1993, at 6:00 o'clock P.M. ATTEST: w City Clerk Robbie Hancock 5 APPROVED: r yor Jim Daile 2