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03-21-9554 NOTE: A public hearing had been scheduled for 5:30 to 7:00 on the proposed sludge (bio- solids) application by Little Rock Wastewater Utility as requested by residents of the Fourche Island area outside the City Limits in Pulaski County. The public hearing ended at 7:40. Therefore, the Board of Directors regular meeting did not begin until 7:50 P.M. Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas March 21, 1995 - 7:50 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 Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, and Wyrick - total 10; Absent - None. With a quorum being present, 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 Hodges, followed by the Pledge of Allegiance. Director Mason presented a Certificate of Appreciation to Big Brothers -Big Sisters, Inc. of Pulaski County, which was received by Mr. Bob Burnside, President of the organization. In response to a request by Director Adcock, Mr. George Campbell, Bond Attorney for the Little Rock Residential Housing and Public Facilities Board, gave a brief history of the Facilities Board and responded to questions from Board Members. Consideration was then given to the Consent Agenda, which consisted of the following items: (1) Approval of the Minutes of the Board of Directors reconvened meeting held December 14, 1994, the regular meeting held December 20, 1994, and the reconvened meeting held December 28, 1994. (2) The 1994 Annual Report of the City of Little Rock Residential Housing and Public Facilities Board. (To be received and filed.) (3) Resolution No. 9,346 entitled: A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF LITTLE ROCK TO UTILIZE FEDERAL AID MONIES FOR REMOVAL OF THE RAILROAD OVERPASS ON EAST ROOSEVELT ROAD AND RECONSTRUCTION OF ROOSEVELT ROAD BETWEEN CONFEDERATE BOULEVARD AND COMMERCIAL LANE, A 1995 CAPITAL IMPROVEMENT BOND PROJECT. (4) Resolution No. 9,347, described as: A RESOLUTION ALLOCATING $500,000 FROM THE 1995 CAPITAL IMPROVEMENT BOND FUND AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ETC ENGINEERS, INC. FOR DESIGN SERVICES TO RENOVATE GILLAM POOL FACILITY. 1 Minutes March 21, 1995 55 (5) Resolution No. 9,348,:with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO LAFFERTY HAULING COMPANY FOR DEMOLITION OF ELEVEN (11) CONDEMNED STRUCTURES. (Not to exceed $24,069.) (6) Resolution No. 9,349, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO JOHN WRIGHT CONSTRUCTION COMPANY FOR CONSTRUCTION OF AN AFFORDABLE HOME AT 911 SOUTH LEWIS STREET FOR THE DEPARTMENT OF NEIGHBORHOODS AND PLANNING. (Not to exceed $43,399.) (7) Resolution No. 9,350, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE 1995 CAPITAL IMPROVEMENT BOND FUND PROCEEDS TO THE RIVERFRONT PLAZA PROJECT; AND FOR OTHER PURPOSES. ($415,000) (8) Resolution No. 9,351, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH GARVER & GARVER, P.A. FOR STRUCTURAL EVALUATION AND TO DESIGN REPAIRS FOR THE HILARO SPRINGS AND THE LITTLE FOURCHE BRIDGE, A 1995 CAPITAL IMPROVEMENT BOND PROJECT. (Not to exceed $33,000.) (9) Resolution No. 9,352, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH GARVER & GARVER, P.E. FOR THE FINAL DESIGN OF THE WIDENING OF MABELVALE CUT -OFF, SHILOH TO CHICOT, A 1988 CAPITAL IMPROVEMENT BOND PROJECT. (Not to exceed $94,000.) (10) Resolution No. 9,353, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH AMI ENGINEERING TO DESIGN DRAINAGE IMPROVEMENTS IN THE 8000 BLOCK OF ASCENSION ROAD, A 1995 CAPITAL IMPROVEMENT BOND PROJECT. (Not to exceed $71,500.) (11) Resolution No. 9,354, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH GRIMES CONSULTING ENGINEERS, INC. FOR PRELIMINARY DESIGN OF STANTON ROAD, BASELINE TO I -30, A 1988 CAPITAL IMPROVEMENT BOND PROJECT. (Not to exceed $30,847.30.) Upon a motion made by Director Sharp, which was seconded by Director Adcock and unanimously adopted, the Consent Agenda was dispensed with as follows: (1) The Minutes of the Board of Directors reconvened meeting held December 14, 1994, the regular meeting held December 20, 1994, and the reconvened meeting held December 28, 1994, were approved as written and distributed to the Board of Directors; (2) The 1994 Annual Report of the City of Little Rock Residential Housing and Public Facilities Board was received and filed; and (1 through 11) Resolutions No. 9,346, 9,347, 9,348, 9,349, 9,350, 9,351, 9,352, 9,353 and 9,354 were read in full and unanimously adopted by the Board of Directors. Appearing on the Agenda as Item 20 was a proposed Resolution 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." At this time, Director Keck moved to table the proposed Resolution until the first meeting in December. The motion was seconded by Director Kumpuris and adopted by the following roll call vote: Ayes - 2 56 Minutes March 21, 1995 Directors Hodges, and Mayor Dailey Hinton - total 3. until December 5, January 17, 1995, and 5 noes, with 17, 1995.) Keck, Joyce, Wyrick, Mason, Kumpuris, Adcock, - total 8; Noes - Directors Sharp, Wilson and Therefore, the proposed Resolution was tabled 1995. (Note: The Resolution was considered on but failed to be adopted by a vote of 5 ayes Position 6 being vacant. See Minutes of January Introduced next was Ordinar.,.:e No. 16,861 entitled: AN ORDINANCE AMENDING CHAPTERS 15, 31, AND 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR MODIFICATION OF VARIOUS LAND USE AND SUBDIVISION REGULATIONS; AND FOR OTHER PURPOSES. (Landscaping, Subdivision and Zoning Codes.) At the request of Director Adcock, Mr. Jim Lawson, Director of the Department of Neighborhoods and Planning, explained the Ordinance, stating this is the annual amendments for clarification, particularly in the administration of the regulations. Director Adcock asked that copies of the Ordinance be mailed to all neighborhood organizations. The Ordinance was then read the first time. There was a motion and second by Directors Adcock and Wilson, respectively, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven 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 Adcock, seconded by Director Keck, 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 eleven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,862 with the title being: AN ORDINANCE AMENDING CHAPTER 30 OF LITTLE ROCK THE CODE OF ORDINANCES TO PROVIDE FOR AMENDMENTS CONCERNING CONSTRUCTION OF CURBS, SIDEWALKS AND DRIVEWAYS; AND FOR OTHER PURPOSES; (Streets and Sidewalks Code.) and the Ordinance was read the first time. (See discussion above.) There was a motion and second by Directors Adcock and Wilson, respectively, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven 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 Adcock, seconded by Director Keck, 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 eleven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. 3 Minutes March 21, 1995 57 Consideration was then given to Ordinance No. 16,863, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED RESIDENTIAL DISTRICT TITLED WESTERGARD SHORT -FORM PRD (Z- 5946), LOCATED ON THE EAST SIDE OF ARKANSAS HIGHWAY 300, APPROXIMATELY 600 FEET SOUTH OF THE EAST PINNACLE ROAD INTERSECTION, OUTSIDE THE CITY LIMITS, PULASKI COUNTY, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Z -5946 - Westergard Short -Form PRD - Hwy. 300 and East Pinnacle Road.) and the Ordinance was read the first time. There was a motion and second by Directors Adcock and Wilson, respectively, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven 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 Adcock, seconded by Director Keck, 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 eleven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 16,864, with the title being: AN ORDINANCE AMENDING CHAPTER 31 AND CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER FROM THE REQUIREMENT TO CONSTRUCT ONE -HALF OF A SIXTY (60) FOOT WIDE MINOR ARTERIAL STREET, AND PROVIDING FOR A WAIVER FROM THE REQUIREMENT TO PAVE INTERNAL DRIVES AND PARKING SPACES, FOR WESTERGARD SHORT -FORM PRD (Z- 5946), LOCATED ON THE EAST SIDE OF ARKANSAS HIGHWAY 300, APPROXIMATELY 600 FEET SOUTH OF THE EAST PINNACLE ROAD INTERSECTION, OUTSIDE THE CITY LIMITS; (Z -5946 - Providing for waivers for Westergard Short -Form PRD - Hwy. 300 and East Pinnacle Road.) and the Ordinance was read the first time. There was a motion and second by Directors Adcock and Wilson, respectively, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven 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 Adcock, seconded by Director Keck, 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 eleven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. 4 RX-ri wip Minutes March 21, 1995 The next presentation was Ordinance No. 16,865 described as: AN ORDINANCE TO AMEND THE MASTER STREET PLAN, UPGRADING 32ND STREET FROM FAIR PARK TO WEST CAMPUS DRIVE FROM LOCAL TO COLLECTOR; AND FOR OTHER MATTERS; and the Ordinance was read the first time. There was a motion and second by Directors Adcock and Wilson, respectively, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven 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 Adcock, seconded by Director Keck, 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 eleven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 9,340, adopted March 7, 1995, on the petition to vacate and abandon a public utility easement in Lots 7, 8 and 9, Cambridge Place Homes Addition to the City of Little Rock. The petition was filed by John P. McKay, Jr. on behalf of Joel Y. Ledbetter, Jr., Mark A. Schlesinger, and G & S Builders, Inc. Attached to the petition was a copy of the plat on file in the Pulaski County Circuit Clerk's Office and letters from First Security Title Company listing the property owners of record. The notice of public hearing was duly published in the Daily Record on March 14, 1995, and March 21, 1995. Mayor Dailey declared the public hearing open. There was no one present who wished to speak in opposition to the abandonment and Mayor Dailey declared the public hearing closed. Consideration was then given to Ordinance No. 16,866, entitled: AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN LOTS 7, 8 AND 9, CAMBRIDGE PLACE HOMES ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. There was a motion and second by Directors Adcock and Wilson, respectively, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven 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 Adcock, seconded by Director Keck, 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 eleven in number and two - thirds or more of the members of the Board of Directors- elect. The Ordinance was then read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,867, with the title being: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROPRIATE $140,000 FOR PARTIAL DEMOLITION AND FOR BOARDING AND SECURING KRAMER SCHOOL AT 715 SHERMAN STREET; (See Ordinance No. 16,840 of 2- 7 -95.) 5 Minutes March 21, 1995 59 and the Ordinance was read the first time. There was a motion and second by Directors Adcock and Wilson, respectively, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven 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 Adcock, seconded by Director Keck, 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 eleven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 16,868, entitled: AN ORDINANCE APPROPRIATING FUNDS FOR A CONTRACT WITH THE ARKANSAS INSTITUTE OF GOVERNMENT IN THE AMOUNT OF $108,000; AND FOR OTHER PURPOSES; (For evaluation of various FUTURE - Little Rock programs - See Ordinance No. 16,847 of 2 -7 -95 which authorized the contract.) t and the Ordinance was read the first time. Director Adcock requested that the Board be provided quarterly reports on the evaluation and asked what is the status of the Minority Economic Development Program. City Attorney Tom Carpenter said there is litigation pending in the U.S. Supreme Court on the disparity study and he is waiting for that decision. City Manager Charles Nickerson said there is a staff person that is working very diligently on this project. The rules were then suspended and the Ordinance placed on second reading by a motion from Director Keck, which was seconded by Director Mason, and unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect. The second reading of the Ordinance ensued, followed by a subsequent motion and second 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 eleven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, which was then submitted to an Aye and No Vote as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. (NOTE: In accordance with the new policy of the Board of Directors, Citizen Communications will be held at the end of the meetings on the third Tuesdays.) At the time allotted for Citizen Communications the first speaker was Mr. Robert "Say" McIntosh, 9512 Southwest Drive, who spoke on the subject of racism, gangs, and crime, etc. The next speaker was Mr. Ari Merretazon, 2412 Broadway, who -- addressed the Board of Directors regarding the residency requirement for City employees. Mayor Dailey informed Mr. Merretazon that the proposed Resolution repealing the residency requirement had been removed from the Agenda. However, Mr. Merretazon still wished to speak on the subject. He was supportive of the residency requirement (Resolution No. 9,073) and asked those Board Members that previously voted to repeal it to reconsider and support the requirement. 2 IN N Minutes March 21, 1995 Speaking next was Mrs. Mollie Wiseman, 11136 W. Baseline Road, who said that racism is prevalent in Little Rock and asked the Board to use some of the surplus money to educate adults about racism and to make a sincere effort to eradicate it. Mrs. Kathy Wells, President of the Coalition of Little Rock Neighborhoods, read a prepared statement in which she stated that unless the CLR acts in the next 10 days, bulldozers will destroy a house that should be saved - a house that the Board of Directors had promised to help save 6 months ago. (She was referring to one of two houses on property at "H" and University that were to be removed for expansion of the Fletcher Library. The Coalition had asked the City to relocate the houses rather than demolish them. See Minutes of 9 -20 -94 - Citizen Communications.) The CDBG Housing Division of the Department of Neighborhoods and Planning was supposed to assist in relocating the two houses, but the CDBG employee assigned to that task has not been helpful. She said the Coalition has contacted City officials, but has not received response to letters and telephone calls. She asked the Board to redress their grievance regarding the CDBG employee and to save the house before it is demolished. Mr. Jim Lawson, Director of Neighborhoods and Planning, stated that the house in question is quite large and too expensive to move. The other house will be moved to the Central Little Rock CDC area. The last speaker under Citizen Communications was Mr. Mike Daugherty, 2101 S. Martin St., who spoke on the subject of a Citizen Review Board. Mr. Daugherty read a prepared statement in which he stated the people of Little Rock have grown tired of the abuse and neglect citizens have suffered at the hands of police officers. He asked that the Board of Directors create a Civilian Review Board to govern the actions of the officers in the Little Rock Police Department. At 8:55 o'clock P.M. Mayor Dailey declared the Board of Directors in recess to go into executive session to consider appointments to various Boards and Commissions. When the Board of Directors reconvened at 9:30 o'clock P.M., Mayor Dailey presided and the following Directors were present: Directors Sharp, Mason, Kumpuris, Wilson, Hinton, Hodges, Keck, and Wyrick - total 8; Absent - Directors Adcock and Joyce - total 2. Mayor Dailey announced that the Board did discuss a personnel matter (Ed Stanfield) which would be left in the hands of the City Manager. The last matter to be considered was Resolution No. 9,355, with the title being: A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE ARTS AND HUMANITIES PROMOTION COMMISSION, BOARD OF BUILDING CODE APPEALS, BOARD OF ADJUSTMENT, CENTRAL ARKANSAS TRANSIT AUTHORITY BOARD, CITY SAFETY COMMISSION, CIVIL SERVICE COMMISSION, RACIAL AND CULTURAL DIVERSITY COMMISSION AND THE SISTER CITIES COMMISSION; (Arts & Humanities - Nancy Clark; Board of Adjustment - Vivian Doyne; Building Code Appeals - James Mitchell; CATA - Charles Nickerson and John Pryor; Safety Commission - Erle Hammans, Jan Baker and Micheal Daugherty; Civil Service - Peter Hornibrook and Kay Barnhill; Racial & Cultural - Johnny Mitchum; Sister Cities - Aaron Lubin.) and the Resolution was read in full. There was a motion by Director Kumpuris, seconded 'hy Director Keck, to adopt the Resolution, and the Resolution was unanimously adopted by the Board Members present. (Directors Adcock and Joyce enrolled after the Resolution was adopted.) 7 Minutes March 21, 1995 There was a brief discussion regarding traffic problems and the tragic accident on University. Director Sharp requested that a traffic study be done for University Avenue. Director Wilson requested a traffic study at 9th and College, and Director Hinton requested a traffic study at 12th and Lewis Streets. There being no further business to be presented, the Board of Directors adjourned at 9:35 o'clock P.M. to meet again in regular session on Tuesday, April 4, 1994, at 6:00 o'clock P.M. ATTEST: (a Q44-4-Z City Clerk Robbie Hancock 8 APPROVED: M or Jim Dailey 61