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.
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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
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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.
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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.
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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.
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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
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APPROVED: r
yor Jim Daile
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