06-06-95.109
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
June 6, 1995 - 6:00 P. M.
The Board of Directors of the City of Little Rock, Arkansas,
met in regular session with Mayor Dailey presiding. City Clerk
Robbie Hancock called the roll with the following Directors in
attendance: Directors Sharp, Mason, Kumpuris, Adcock, Hinton,
Hodges, Keck, Joyce, and Wyrick - total 9; Absent - Director
Wilson - total 1.
With a quorum 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 Sharp, followed by the
Pledge of Allegiance.
A moment of silence was observed in remembrance of the three
Hussain children brutally murdered in the City of Little Rock.
Director Kumpuris presented a Certificate of Appreciation to
Mr. Chip Dudley of Boatmen's Bank (formerly Worthen Bank)
declaring June 6, 1995, "Boatmen's of Arkansas Day ", and
welcoming the Bank to the City of Little Rock.
Director Mason presented a plaque to Rim Collins, a student
at UALR, and requested that she share her experiences in "Project
Partnership" between UALR, Little Rock Neighborhoods and Central
Little Rock. She explained the accomplishments of the project
and Director Mason acknowledged others who took part in the
project. In conclusion, Mayor Dailey applauded the project in
helping to bring the community together.
Director Hinton presented a Certificate of Appreciation to
Mr. Robert Beal and Ms. Mary Story for their services in serving
on the Little Rock Civil Service Commission.
(Director Wilson was enrolled at 6:15 P. M.)
Mayor Dailey called upon Ms. Ellen Cockrill, chairperson of
the Board of the Centers for Youth and Families, for a
commendation. Ms. Cockrill publicly commended Director B. J.
Wyrick for her leadership and outstanding commitment to the
community she serves in helping the youth and in making our City
a safer place in which to live.
At this time, Director Adcock requested that the Board
convene to Executive Session at the end of the meeting, which was
agreed upon by other Board Members. She also presented the video
entitled "Intervention, Prevention and Treatment Centers." The
video contained the activities of a taekwondo class in helping
the youth of our City.
The Consent Agenda was presented next with Item No. 1 being
deferred because the May 2, 1995 Minutes were not ready, and
— Mayor Dailey withdrew Item 15, which was a proposed Resolution
authorizing the City Manager to extend the current agreement with
the Arkansas Municipal League to provide Worker's Compensation
Third Party Administration (TPA) Services for a one (1) year
period beginning July 1, 1995. The other items are as follows:
(1) Minutes of May 2, 1995. (Deferred.)
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June 6, 1995
opposed privatization and felt it should be taken to a vote. She
asked the Board to review a petition she circulated for the
Little Rock New Party, which was signed by 400 residents who do
not want privatization. Mr. Jerry Lewis, III, 5813 Baseline
Road, was concerned about his job. He stated he is a part -time
City Employee who has passed the necessary tests for a permanent
job, but has been told if privatization is approved, he will not
be hired full -time. Mayor Dailey said he would request that a
report be made to the Board regarding this situation. Upon
question by Director Sharp, Ms. Chaundra Russell, Director of
Public Works, stated no full -time City Employees would lose their
jobs due to privatization, but temporary employees will not have
a job with the City of Little Rock, but might possibly seek
employment with Waste Management. She answered various questions
from Board Members. Following the lengthy discussion, Resolution
No. 9,412 was presented, entitled:
A RESOLUTION TO APPROVE ENTRY INTO A CONTRACT WITH WASTE
MANAGEMENT, INCORPORATED TO PROVIDE GARBAGE COLLECTION SERVICES
FOR THE CITY OF LITTLE ROCK AND THE PULASKI COUNTY REGIONAL SOLID
WASTE MANAGEMENT DISTRICT; AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY DOCUMENTS NECESSARY; AND FOR OTHER PURPOSES;
and the Resolution was read in full. (See Minutes of May 16,
1995 and May 23, 1995 for previous discussion.) A motion was
made by Director Mason, seconded by Director Keck, that the
Resolution be adopted. The roll call vote received the following
results: Ayes - Directors Sharp, Mason, Kumpuris, Hodges, Keck,
Joyce and Mayor Dailey - total 7; Noes - Directors Adcock,
Wilson, Hinton and Wyrick - total 4; Absent - None. Mayor
Dailey then announced that the Resolution had been ADOPTED.
The last Resolution to be considered was No. 9,413,
described as:
A RESOLUTION TO APPROVE ENTRY INTO A CONTRACT WITH WASTE
MANAGEMENT, INCORPORATED TO PROVIDE RECYCLING SERVICES FOR THE
CITY OF LITTLE ROCK AND THE PULASKI COUNTY REGIONAL SOLID WASTE
MANAGEMENT DISTRICT; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
DOCUMENTS NECESSARY; AND FOR OTHER PURPOSES;
with there being a full reading of the Resolution. (See Minutes
of May 16, 1995 and May 23, 1995 for previous discussion.)
Director Kumpuris moved, seconded by Director Sharp, that the
Resolution be adopted. A roll call vote was taken on the motion
with the results recorded as follows: Ayes - Directors Sharp,
Mason, Kumpuris, Hodges, Keck, Joyce and Mayor Dailey - total 7;
Noes - Directors Adcock, Wilson, Hinton and Wyrick - total 4;
Absent - None. Therefore, the Resolution was declared ADOPTED.
Mayor Dailey introduced Mr. Rodney Forte, Minority Economic
Development Administrator, who explained his position and the
things his staff is doing to assist small businesses, the River
Project, etc. He answered questions from various Board Members.
At this time, Director Keck requested that the Board of
Directors publicly thank the Little Rock Police Officers for
their quick action in apprehending the guilty in the recent
triple homicide. Mayor Dailey expressed appreciation to the
officers and asked Directors Kumpuris and Adcock to assume his
role in the River Project so he can focus on crime.
At 9 :30 o'clock P. M., Mayor Dailey announced that the Board
would recess to executive session for discussion of personnel.
At 9:55 o'clock P. M., the Board of Directors reconvened
from executive session with Mayor Dailey presiding and the ten
Directors present. Mayor Dailey announced that NO ACTION was
taken.
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June 6, 1995
119
There being no further business to be considered, the Board
of Directors adjourned at 9:56 o'clock P. M., to meet again in
regular session on Tuesday, June 20, 1995, at 6:00 o'clock P. M.
ATTEST: APPROVED:
14avc-u4- °IAd�- (QOJ-6�
City Clerk Robbie Hancock ayor Jim Dailey
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(2) The Little Rock Municipal Judges Retirement Fund
Financial Statement for the years ended December 31, 1994 and
1993. (To be received and filed.)
(3) The Comparative Statement of Income Account of the
Little Rock Municipal Water Works for the month of April, 1995.
(4) Resolution No. 9,395, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE
FOR THE ACQUISITION OF LOTS 10 AND 11, BLOCK 1 OF POPE'S
ADDITION, TO BE USED FOR THE RIVERFRONT PLAZA PROJECT; FURTHER
AUTHORIZING THE CITY ATTORNEY TO INSTITUTE EMINENT DOMAIN
PROCEEDINGS IF NECESSARY. ($90,108.38 allocated from 303 -230-
0391 funds to make initial deposit in the Registry of Court as
required by law.)
(5) Resolution No. 9,396, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF TWO (2) VACUUM
SWEEPERS FOR THE PARKS DEPARTMENT. (Contract to Capital Ford of
North Little Rock, not to exceed $21,484.)
(6) Resolution No. 9,397, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF TWO (2) 4 -WHEEL
TURF TRUCKSTERS AND THREE GOLF GREENS MOWERS FOR THE PARKS
DEPARTMENT. (Contract to Golf Cars of Arkansas of North Little
Rock, Arkansas, not to exceed $25,263.84 for the two turf
trucksters, and $30,900 for the golf greens mowers.)
(7) Resolution No. 9,398, containing the following titled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN ENGINEERING SERVICES CONTRACT WITH DEVELOPMENT CONSULTANTS,
INC. (DCI) FOR THE PRELIMINARY DESIGN OF 29TH STREET FROM FAIR
PARK TO HARRISON, AND HARRISON STREET FROM 28TH TO 32ND STREETS,
1988 CAPITAL IMPROVEMENT BOND PROJECTS. (Not to exceed $29,084.)
(8) Resolution No. 9,399, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN ENGINEERING SERVICES CONTRACT WITH ETC ENGINEERS, INC., FOR
THE PRELIMINARY DESIGN OF GARLAND, REICHARDT, KIMBALL AND PICRON
STREETS, 1988 CAPITAL IMPROVEMENT BOND PROJECTS. (Not to exceed
$47,556.30.)
(9) Resolution No. 9,400, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF ONE FORCE FEED
LOADER FOR THE DEPARTMENT OF PUBLIC WORKS. (Contract to Clark
Machinery of Little Rock, not to exceed $104,925.28.)
(10) Resolution No. 9,401, Containing the following title:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH TOWNSHIP BUILDERS, INC., FOR THE RECONSTRUCTION
OF LANCASTER ROAD FROM 65TH STREET TO YOUNG ROAD, A 1988 CAPITAL
IMPROVEMENT BOND PROJECT FOR THE DEPARTMENT OF PUBLIC WORKS.
(Not to exceed $801,733.)
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(11) Resolution No. 9,402, entitled:
A RESOLUTION AUTHORIZING THE LITTLE ROCK PRIVATE
INDUSTRY COUNCIL (PIC) AND THE JTPA DEPARTMENT TO EXPEND TITLES
IIA, IIB, IIC, AND III JOB TRAINING PARTNERSHIP ACT (JTPA) FUNDS
DURING PROGRAM YEAR 1995 (JULY 1, 1995 THROUGH JUNE 30, 1996) FOR
EDUCATION AND TRAINING SERVICES TO ELIGIBLE YOUTH AND ADULTS.
(PIC authorized to expend up to $1,039,912; and JTPA authorized
to allocate $1,389,209 for various programs.)
(12) Resolution No. 9,403, with the title being:
A RESOLUTION DESIGNATING THE ACCOUNTING FOR PARKS AND
RECREATION DEPARTMENT INCOME. ($17,208 to the General Fund and
$17,087 to Special Projects Fund; Proceeds from Elton John /Billy
Joel Concert for use of War Memorial Park.)
(13) Resolution No. 9,404, described as:
A RESOLUTION ADOPTING A NEW INVESTMENT POLICY FOR THE
CITY OF LITTLE ROCK, ARKANSAS; REPEALING RESOLUTION NO. 8,054;
AND FOR OTHER PURPOSES.
(14) Resolution No. 9,405, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF ONE (1) 2 TON
STAKEBED TRUCK WITH DUMP FOR THE PARKS DEPARTMENT. (Contract to
Central Ford Center of Little Rock, not to exceed $40,343.)
(15) Withdrawn. (Extend contract with AML to provide
Worker's Compensation TPA.)
(16) Resolution No. 9,406, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT EXTENSION WITH CNA TO PROVIDE REINSURANCE FOR THE CITY'S
SELF - INSURED WORKERS' COMPENSATION PROGRAM FOR A TWELVE (12)
MONTH PERIOD EFFECTIVE JULY 1, 1995.
Upon motion by Director Keck, which was seconded by Director
Adcock, and unanimously adopted, the Consent Agenda was dispensed
with as follows: (1) Approval of the Minutes of May 2, 1995,
was deferred at the request of City Clerk Robbie Hancock; (2)
Financial Statement of Little Rock Municipal Judges Retirement
Fund was received and filed; (3) The Comparative Statement of
Income Account of the Little Rock Municipal Water Works was
received and filed; (4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14)
Resolutions No. 9,395, 9,396, 9,397, 9,398, 9,399, 9,400, 9,401,
9,402, 9,403, 9,404 and 9,405 were read in full and unanimously
adopted by the Board Members present; (15) was withdrawn; and
(16) Resolution No. 9,406 was read in full and unanimously
adopted by the Board Members present.
At the time allotted for Citizen Communications, the first
speaker was Mr. Robert "say" McIntosh, 9512 Southwest Drive. Mr.
McIntosh spoke in opposition to the press conference that was
held Monday regarding the three children that were killed on
Sunday. (Referring to the slaying of Marcell Young (17), Mustafa
Hussian (12) and Malak Hussian (10) at 5005 Mabelvale Pike in
which the killer ordered them to lie on their living room floor
and then shot each in the head.) He said the news media and City
officials should not have invaded the family's privacy during the
time of mourning. In response, Director Adcock stated that the
mother, Mary Hussian, requested to speak at the press conference
to ask the public to understand how she was hurting and not to
retaliate.
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The next speaker was Mr. Leonard Williams, 1812 Joyce Court.
Mr. Williams, president of Landowners Association for
Neighborhood Development, which is a group of rental property
owners trying to survive in today's markets, said they are faced
with many obstacles while trying to provide safe, decent and
affordable housing, and at the same time make a reasonable return
on their investments. He said he is a rental property owner, not
a landlord, that each property is a separate business. He said
he could not believe that the Board of Directors hid an
insignificant clause in the ballot put before the voters
pertaining to the rental inspection program along with more alert
centers and police protection. He said he had been able to
improve the livability and appearance of his properties but also
had to raise the rent. One little old lady on welfare had to
move out because her house was condemned and she is now living in
a tent under a Union Pacific bridge at the foot of Hill St.
The third speaker under Citizen Communications was Mr. Glen
Schwarz, 67 S. Wakefield, who spoke on the success of the current
recycling bin program. Mr. Schwarz said there are two kinds of
recycling: curb side and collection bins, and he wondered if the
Board is aware how successful the collection bin recycling has
been. He presented a chart showing income and expenses for the
last 3 years and made a prediction that in 1995 the City would
reach a break even point. He said the prices of the materials
being collected are sky- rocketing. By expanding the collection
bin program, the City could have an income generating program.
Ms. Rim Painton, 15 Markbrook Lane, voiced support for a
proposed ordinance that would provide for levying a fine for
trash containers left at curbside for more than 24 hours. She
cited a location in Broadmoor where containers have been left out
on the curb for as much as 4 weeks.
The last speaker under Citizen Communications was Mr. Macy
Butler, 5021 West 30th Street. Mr. Butler said he is a member of
the Little Rock Task Force for Youth, and is deeply concerned
about the incident that happened Sunday in which 3 kids got
killed. He urged more people to get involved in youth programs.
Volunteers are desperately needed. He said he understood Mayor
Dailey is considering forming a task force to help combat this
violence and he volunteered his services.
A Public Hearing had been set for this time and place on
Zoning Appeal Z -5948, filed by Mr. Arlan Harris, Harris
Bookstore, for a conditional use permit to allow for the use of
the I -2 zoned building located at 6300 Scott Hamilton Road, as an
Adult Bookstore /Adult Arcade. (Note: A motion was adopted on
5 -2 -95 setting the hearing for 5- 16 -95, but at the 5 -9 -95 Agenda
Meeting the public hearing was deferred until 6- 6 -95.) The
proposed use is a sexually oriented business as defined by Little
Rock Ordinance No. 15,629 which regulates the location of such
uses within the City. The Planning Commission approved the
conditional use permits at its April 4, 1995 meeting subject to
compliance with certain conditions and restrictions. With a
large group present to oppose this type of bookstore, Mayor
Dailey declared the public hearing open. Mr. Say McIntosh was
the first and only speaker who voiced his opinion that this is
the correct place for an adult bookstore. Rev. Stephen H.
Guarnerds - 10919 Merlin Court, Mr. Tom Brock of Geyer Springs
First Baptist Church, Mr. Carmen Breeding - 9215 Sibley Hole
Road, Mrs. Beverly Nelson - 40 Westmont Circle, Pat Gee - 8409
Down Drive, Mr. Donald J. Cook of Boatmen's National Bank,
Carroll Strickland - 4107 Bruno Road, Dr. Gerald R. Johnson -
5101 Edgewood Road, and Mrs. Joa Stafford Humphrey - 5022 W. 56th
Street, all spoke in strong opposition to the conditional use
permit at 6300 Scott Hamilton Road, for an adult bookstore and
pleaded with the Board of Directors to rescind the Planning
Commission's action. Mr. Glen Schwarz, 67 South Wakefield, said
he didn't see how the store would have an effect on the
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June 6, 1995
neighborhood and he didn't really have a problem with the store.
Mayor Dailey declared the public hearing closed at 7:08 P. M.,
and Resolution No. 91407 was presented, entitled:
A RESOLUTION RESCINDING THE LITTLE ROCK PLANNING
COMMISSION'S ACTION IN APPROVING A CONDITIONAL USE PERMIT FOR AN
ADULT BOOKSTORE /ADULT ARCADE TO BE LOCATED AT 6300 SCOTT HAMILTON
ROAD.
The Resolution was read in full and a motion was made by Director
Keck, seconded by Director Adcock, that the Resolution be
adopted. Mr. John Hall, Attorney for Mr. Harris, pointed out
that an Ordinance allows for this type of operation in certain
areas; that this location is away from homes, and if this
Resolution is adopted, the matter will be decided in Federal
Court. A roll call vote was taken as follows: Ayes - Directors
Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck,
Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent -
None. Therefore, the Resolution was unanimously adopted
The next presentation was Ordinance No. 16,897, entitled:
AN ORDINANCE TO AMEND THE MASTER STREET PLAN, REALIGNING AND
RECLASSIFYING 2ND STREET FROM CHESTER WEST TO THE RAILROAD, AND
FOR OTHER PURPOSES;
(West 2nd Street from Chester Street west to the Railroad.)
and the Ordinance was read the first time. There was a motion by
Director Adcock, seconded by Director Hinton, 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 and second by Directors Adcock and
Hinton, respectively, 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 passage of the Ordinance, with the
results recorded as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick and
Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
Ordinance No. 16,898 was introduced, with the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR VARIANCES
FROM THE REGULATIONS ESTABLISHING THE MAXIMUM LENGTH OF CUL -DE-
SAC STREETS AND THE MAXIMUM LENGTH OF MINOR RESIDENTIAL CUL -DE-
SAC STREETS FOR SANDPIPER CREEK NO. II ADDITION (S- 503 -0),
LOCATED WEST OF I -430 AND EAST OF BOWMAN ROAD, SOUTH OF AND
BEYOND THE PRESENT END OF CREEKSIDE DR., LITTLE ROCK, ARKANSAS;
(Re: S -503 -0 - Sandpiper Creek No. II Addition, west of I -430
and east of Bowman Road.)
with the Ordinance being read the first time, followed by a
motion to suspend the rules and place the Ordinance on second
reading. The motion was made by Director Adcock, seconded by
Director Hinton, 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. After the second
reading of the Ordinance, there was a subsequent motion and
second by Directors Adcock and Hinton, respectively, 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
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members of the Board of Directors - elect, and the third and last
reading of the Ordinance followed. A roll call vote was taken on
the question, Shall the Ordinance Pass, with the results recorded
as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock,
Wilson, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey -
total 11; Noes - None; Absent - None. The Ordinance was then
declared PASSED.
A public hearing was held at this time, on the request of
Union Pacific Railroad Company to barricade the West 10th Street
grade crossing, between Jones and Thayer Streets, to vehicular
and pedestrian traffic for safety reasons. The purpose of the
barricade is to eliminate the traffic hazards associated with the
crossing, and the need for frequent maintenance of the railroad
signals and cross -arms which are constantly vandalized. The
notice of public hearing was published on May 13, 1995 and May
30, 1995, and notices were hand delivered by Public Works staff
to area residents. Mayor Dailey declared the public hearing open
and Mr. Clarence Reed, 900 Thayer Street, was the first speaker.
Mr. Reed spoke in adamant opposition to the closure and placement
of a permanent barricade on West 10th Street at this location.
He said 10th Street is used very much by pedestrians and
vehicles, pointing out that children use 10th Street on their way
to school and if the street is closed, it will dead -end the
street from Woodrow Street east to the railroad. Mr. Marvin E.
Smith, 901 South Rice Street, opposed the closure and agreed with
Mr. Reed's statement. Mr. John Hill, 2600 West 10th Street,
spoke in favor of the closure, stating children going to school
roll under the parked trains to get on the other side of the
street. He also said the area is getting commercial and a
permanent fence or barricade would be a safety measure. Ms.
Annette Hunter, 1001 Woodrow Street, opposed the closure due to
the inconvenience of getting to Children's Hospital with a
disabled family member. Her main concerns were the
inconvenience, safety of the school children, and the dumping of
trash. City Manager Charles Nickerson suggested a staff
presentation and Railroad presentation before finalizing the
request. Ms. Chaundra Russell, Director of Public Works,
addressed the Board stating this closure has several facets. She
recalled a former agreement with the railroad regarding the 3rd
Street Bridge construction, which included obtaining right -of-
way, adding, "sight distance is a real problem from the south"
and recommended the barricade for safety of children. Mrs.
Clarence Reed stated her opposition to the closure. Mr. Dave
Peterson of Union Pacific Railroad explained the request, stating
there are 51 trains per day making it the densest rail corridor
in Arkansas, and said this barricade or closure is strictly for
safety reasons. He answered questions from various Board
Members. Following the discussion, Mayor Dailey declared the
public hearing closed and a proposed Ordinance was presented,
with the title being:
AN ORDINANCE AUTHORIZING THE CITY TO PLACE A PERMANENT
BARRICADE ACROSS WEST 10TH STREET AT THE UNION PACIFIC RAILROAD
GATE CROSSING BETWEEN JONES AND THAYER STREETS IN ROOTS AND COYS
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
(West 10th Street Gate Crossing between Jones and Thayer
Streets.)
and the proposed Ordinance was read the first time. There was no
motion for suspension of the rules, therefore the proposed
Ordinance remained on the calendar for second reading on June 20,
1995.
Ordinance No. 16,899 was considered next, described as:
AN ORDINANCE APPROVING THE DISSOLUTION OF WEST MARKHAM SEWER
IMPROVEMENT DISTRICT NO. 146 OF LITTLE ROCK, ARKANSAS; AND
PRESCRIBING OTHER MATTERS PERTAINING THERETO;
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June 6, 1995
(Area of Santa Fe Park Addition and Ellis Drive.)
and the Ordinance was read the first time. There was a motion by
Director Keck, seconded by Director Joyce, 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 Ordinance was read the second time.
There was a subsequent motion and second by Directors Adcock and
Keck, respectively, 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, and the third and last reading of the Ordinance ensued. A
roll call vote was taken on the passage of the Ordinance, with
the results recorded as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick,
and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 16,900, entitled:
AN ORDINANCE AMENDING ORDINANCE 16,523 SECTION 28 -8 OF THE
LITTLE ROCK CODE OF ORDINANCES TO REVISE LANDFILL RATES FOR SOLID
WASTE DUMPING; REVOKE THE PRACTICE OF FREE DUMPING; AND FOR OTHER
PURPOSES;
(Each compacted cubic yard, including building materials - $5.55,
with a minimum $15.00 dumping fee; Each cubic yard of tree
stumps - $5.55, with a minimum $25.00 dumping fee; free dumping
on Wednesdays revoked except for the salvation Army, Union Rescue
Mission, and Goodwill Industries.)
with the Ordinance being read the first time. There was a motion
by Director Keck, seconded by Director Joyce, 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 and second by Directors Adcock and
Keck, respectively, 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. Mr.
Glen Schwarz, 67 S. Wakefield Dr., said the free dumping really
encouraged people to use the dump on Wednesdays. He suggested
charging one -half on Wednesdays if not allowing fee dumping. A
roll call vote was taken on the question, Shall the Ordinance
Pass, with the response being: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick and
Mayor Dailey - total 11; Noes - None; Absent - None. The
Ordinance was then declared PASSED.
Resolution No. 9,408, was presented, with the title being:
A RESOLUTION TO SUPPORT THE COMMUNITY REINVESTMENT ACT AND
TO OPPOSE CONGRESSIONAL CHANGES WHICH WOULD WEAKEN THE COMMUNITY
REINVESTMENT ACT (CRA);
with the Resolution being read in full. Mayor Dailey said the
Resolution was sponsored by Director Wilson to which Director
Keck responded that he was perplexed by it. He said HR Bill 1362
and Senate Bill 650 before the Congress do not weaken the
Community Reinvestment Act; adding, "there is an effort to reduce
paper work and regulatory work on our financial institutions, but
the goals of the CRA have not been changed." Director Keck said
he would support a Resolution to reduce paper and regulatory
work. Director Wilson disagreed with Director Keck's statement,
stating this Resolution merely says this Board supports no
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changes in the Community Reinvestment Act. Following the
comments, a roll call vote was taken on the Resolution and the
results are recorded as follows: Ayes - Directors Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Joyce, Wyrick and Mayor
Dailey - total 9; Noes - Directors Sharp and Keck - total 2;
Absent - None. Therefore, the Resolution was ADOPTED.
The Addendum to the Agenda consisted of the following four
Resolutions, which were placed on the Agenda by general agreement
of the Board of Directors.
Resolution No. 91409 was considered, entitled:
A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING TO
CONSIDER THE ISSUANCE OF REFUNDING REVENUE BONDS BY THE CITY OF
LITTLE ROCK, ARKANSAS RESIDENTIAL HOUSING AND PUBLIC FACILITIES
BOARD TO REFINANCE THE MULTIFAMILY HOUSING PROJECT KNOWN AS
PLEASANT WOODS APARTMENTS;
(Public Hearing date to be June 20, 1995 - Pleasant Woods
Apartments - $7,500,000.)
and there was a full reading of the Resolution. There was a
motion by Director Sharp, seconded by Director Mason, that the
Resolution be adopted. A roll call vote was taken on the motion
with the response being: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick and
Mayor Dailey - total 11; Noes - None; Absent - None. Mayor
Dailey then announced that the Resolution had been ADOPTED.
Resolution No. 9,410 was presented, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH AMR ARCHITECTS, INC. FOR DESIGN AND PREPARATION OF
CONSTRUCTION DOCUMENTS OF THE RIVERFRONT ENTRY PAVILION AND
MARKET FACILITY IN THE AMOUNT OF $100,000 LUMP SUM FEE;
(Contract to AMR Architects, Inc. - Lump sum fee of $100,000.)
and the Resolution was read in full. Director Adcock questioned
City Manager Charles Nickerson, why this did not come from Parks
and Recreation. He responded that "we are trying to move very
quickly through the process ". Director Kumpuris explained the
RFP's were sent out by Parks and Recreation; eight firms
responded with four being interviewed. He further stated that
AMR's bid was $100,000, which is less; the process was done
through all normal channels, and "we are trying to move quickly
through the process." A motion was made by Director Sharp,
seconded by Director Mason, that the Resolution be adopted. The
motion received the following response: Ayes - Directors Sharp,
Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None.
It was announced that the Resolution was ADOPTED.
At this point, Director Sharp advised that he would like to
introduce and add to the Agenda, a Resolution that would assure
there would be no increase in Sanitation fees before 1997. (See
Minutes of May 23, 1995 for previous discussion.) A roll call
vote was taken to add the proposed Resolution to the Agenda and
the results are herein recorded: Ayes - Directors Sharp, Mason,
Kumpuris, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey -
total 9; Noes - Directors Adcock and Wilson - total 2; Absent -
None. Therefore, the Resolution, No. 9,411 was considered, with
the title being:
A RESOLUTION OF INTENT TO ASSURE THAT NO INCREASE IN
SANITATION CHARGES ARE IMPOSED UPON THE PUBLIC BEFORE 1997; AND
FOR OTHER PURPOSES;
8
Minutes
June 6, 1995
117
and there was a full reading of the Resolution. A motion was
made by Director Sharp, seconded by Director Mason, that the
Resolution be adopted. A roll call vote was taken on the motion
which received the following response: Ayes - Directors Sharp,
Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Wyrick and
Mayor Dailey - total 10; Noes - Director Joyce - total 1;
Absent - None. The Resolution was declared ADOPTED.
At 7:55 o'clock P. M., Mayor Dailey announced there would be
a ten minute recess.
When the Board of Directors reconvened at 8:07 P. M., the
following Directors answered roll call with Mayor Dailey
presiding: Directors Sharp, Mason, Kumpuris, Adcock, Wilson,
Hinton, Hodges, Keck, Joyce and Wyrick - total 10; Absent -
None.
A very lengthy discussion evolved on the last two addendum
items, being Resolutions to provide garbage collection and
recycling services by Waste Management, Inc. (See Minutes of May
16, 1995 and May 23, 1995 for previous discussion.) Mr. Charles
Nickerson, City Manager, was the first speaker. He commented,
"over the last several months we have gone through a fairly
exhaustive analysis of this particular issue. In the past
several weeks we have invited questions, and to the best of our
ability, have responded to all those questions by citizens and
Board Members. At this point, we are prepared to answer any
questions you might have." Mr. Arthur Cearly, 2801 Foxcroft
Road, #4, told the Board he needed his job and asked them to vote
"no." Mr. Gregory Ferguson, 204 Beechwood, had concerns
regarding WMI's integrity, feared there would be a rate increase
for recycling if privatized, and requested that the Board allow
citizen input, and look at other cities' recycling programs.
City Attorney Tom Carpenter explained that Waste Management, Inc.
would be accountable in the contract, and will be liable for any
environmental damages that may be found, for a period after the
contract expires. Director Sharp said Waste Management has a
much larger budget than the City of Little Rock so there's
nothing to be worried about. Director Mason stated that at no
time had there been an indication of loss of jobs. Mr. Nickerson
responded there had been a commitment from the beginning that
there would be no loss of jobs; adding, "we have twelve months to
implement the contract and have only thirteen employees to be
placed." Again, Mayor Dailey said, "no jobs will be lost." Mr.
Glen Schwarz, 67 South Wakefield, addressed only the recycling
issue stating if the Board votes for Item 4, there will never be
a break even point, and suggested the City continue the current
program, and not go with curbside recycling. Mr. Barry Haas,
3900 Doral Drive, spoke in support of recycling if done the right
way, not the wrong way. He had a problem with forced
participation and suggested that the Director in each ward,
decide whether to participate in curbside recycling. He asked
the Board to have one or two public hearings, and get as much
participation as possible. In closing he said, "don't get in a
hurry - please do it right." Mayor Dailey requested answers to
some of the questions raised. City Manager Charles Nickerson
said a breach of contract could be dealt with immediately and
does not require four years. He called upon Ms. Chaundra
Russell, Director of Public Works, who advised there would be no
fines or forced participation, only an opportunity to
participate. She said it would be an educational program to
encourage recycling. Director Adcock commented that citizens
would pay one way or the other and that is "force." Director
Hodges referred to a performance bond saying this company has
never defaulted. Director Sharp expressed support for recycling.
Mr. Bob Lane, representing Pulaski County, told the Board he felt
very comfortable with Waste Management, Inc. and that it is a
very reputable firm. Mr. David Green, Attorney for Waste
Management, Inc., explained the contract and the process of
service standards for collection. Ms. Paula Edwards strongly
9