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10-03-95213 N Board of Directors Room City Hall - 500 West Markham Little Rock, Arkansas October 3, 1995 - 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 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 Joyce, followed by the Pledge of Allegiance. There was a motion by Director Keck to add to the Agenda a report by Matthew Hampton after the Consent Agenda. The motion was seconded by Director Kumpuris and unanimously adopted. There was a video presentation of UMOJA Studio, one of the neighborhood grant programs funded by the Prevention, Intervention and Treatment dollars. City Manager Charles Nickerson announced that at the recent International City Managers Association (ICMA) annual conference in Denver, the City of Little Rock received an award for its Police Home Loan Program. The award was for Program Excellence in Public Safety for cities over twenty thousand population. Mr. Nickerson presented the plaque to Mayor Dailey. Consideration was then given to the Consent Agenda, which consisted of the following items: (1) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of August, 1995. (2) Resolution No. 9,509, entitled: A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION TO VACATE A PUBLIC DRAINAGE AND /OR UTILITY EASEMENT IN LOT "A" OF PLEASANT VALLEY SUBDIVISION, SECOND INSTALLMENT, CITY OF LITTLE ROCK, ARKANSAS. (October 17, 1995.) (3) Resolution No. 9,510, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF AN EXCAVATOR FOR THE FLEET SERVICES DEPARTMENT. (Clark Machinery - not to exceed $147,795.) (4) Resolution No. 9,511, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF TWO 1/2 TON TRUCKS FOR THE FLEET SERVICES DEPARTMENT. (Central Ford - not to exceed $30,800.) (5) Resolution No. 9,512, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH TEMPLE, INC. FOR THE PURCHASE OF EQUIPMENT FOR A TRAFFIC SIGNAL INTERCONNECT SYSTEM TO BE INSTALLED ALONG THE WEST MARKHAM /CHENAL PARKWAY CORRIDOR. ($49,721) 1 222 Minutes October 3, 1995 was to curb the loud music in cars and also loud music in houses that has become loud noise outside. He said the police officers say they cannot enforce the Ordinance we have because it is not stringent enough. Director Hinton then moved to table the Ordinance for two weeks. The motion was seconded by Director Wilson, and unanimously adopted. Therefore, the Ordinance was left on the calendar for final vote on October 17, 1995. (At the suggestion of Director Wilson, Mayor Dailey appointed a committee to work with the City Attorney on changes to the Ordinance: Directors Wilson, Adcock and Hinton. Director Mason suggested that two or three teenagers be invited to serve on the committee. Director Keck said the Youth Advisory Committee of the Little Rock Task Force for Youth will meet on Tuesday and would welcome the opportunity to discuss this Ordinance. He also recommended that the Board hear from the Police Chief as to whether enforcement needs to be improved or whether a new Ordinance is needed.) Director Hodges asked about the date scheduled for the Board to discuss the proposed Code of Ethics. The Board will meet on Tuesday, October 24, 1995, at 4:30 o'clock P.M. to discuss the ro osed Code of Ethics instead of having the Board Retreat. P P I Also, the Board agreed to meet from on Tuesdays after the Agenda Meetings for There being no further business to of Directors adjourned at 9:00 o'clock regular session on Tuesday, October 17, P.M. ATTEST: (:�-, au.-L i4 ax.a ck, City Clerk Robbie Hancock 10 6:00 P.M. to 8:00 P.M. the budget hearings. be presented, the Board P.M. to meet again in 1995, at 6:00 o'clock APPROVED: &0 Ma or Jim Dailey 214 Minutes October 3, 1995 (6) Resolution No. 91513, with the title being: A RESOLUTION ESTABLISHING A HUD SECTION 3 /FIRST SOURCE OPPORTUNITY POLICY PROGRAM, TO ENSURE EFFECTIVE IMPLEMENTATION OF HUD SECTION 3 REQUIREMENTS REGARDING EMPLOYMENT AND ECONOMIC OPPORTUNITIES GENERATED BY CERTAIN HUD FINANCIAL ASSISTANCE FOR HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS; AND FOR OTHER PURPOSES. (7) Resolution No. 9,514, described as: A RESOLUTION ESTABLISHING A LITTLE ROCK FIRST PROGRAM FOR LITTLE ROCK TO PROVIDE EMPLOYMENT OPPORTUNITIES FOR ECONOMICALLY DISADVANTAGED RESIDENTS OF THE CITY. (Employment Security Division recognized as Little Rock First Agency re: the following types of public assistance - JTPA funds, Industrial Revenue Bonds, Enterprise Zones, City Construction Contracts.) Upon a motion by Director Adcock, which was seconded by Director Joyce and unanimously adopted, the Consent Agenda was dispensed with as follows: (1) the Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of August, 1995 was received and filed; and (2, 3, 4, 5, 6, and 7) Resolutions No. 9,509, 9,510, 9,511, 9,512, 9,513, and 9,514 were read in full and unanimously adopted by the Board Members present. (Director Wilson enrolled at 6:15 o'clock P.M.) In accordance with the motion adopted at the beginning of the meeting, Mr. Matthew Hampton made a presentation to the Board of Directors, and distributed copies of his informational report titled: NYCAV - NATIONAL YOUTH COUNCIL AGAINST VIOLENCE NATIONAL YOUTH SUMMIT - "Developing the national youth strategy for violence prevention." The National Youth Summit was held in Little Rock on August 10 -12, 1995. In conclusion he asked that some Board Members review the report in detail. Directors Hinton, Joyce and Keck volunteered. Mayor Dailey and others commended Matthew for his work and the leadership he exhibited in planning and carrying out the conference. At the time allotted for Citizen Communications, the first speaker was Mrs. Pam Adcock, 6432 Tulip Street. (1) She reminded Board Members of the drainage problem in Cloverdale which was presented by Mr. Art Goodwin at the last Board Meeting. The problem stems from the new drainage ditch which has not been completed and there is still a bad erosion problem. (2) She asked for a report from Staff. She also asked the status of the $4 million drainage project that was supposed to start the first of October. (3) Her last issue was the "green monster" trash cans. She said the trash cans are being destroyed (run over or dropped) by the garbage trucks and many of them are left in the streets. Mayor Dailey asked City Manager Charles Nickerson to provide a report on the three issues. The next speaker under Citizen Communications was Ms. Wyvonnia Hughes, 13811 Hwy. 365, who owns property at 1418 South Polk Street. She said after the house became vacant, gangs took over the property. She asked that a Police Officer move into the house, which would help the neighborhood, but was told it would take $50,000 to repair the house. She is afraid to go there to do any kind of improvements. Mayor Dailey asked Mr. Nickerson to provide the Board and Mrs. Hughes with a report. Mr. Robert "Say" McIntosh was the next speaker. He spoke about the 0. J. Simpson trial, black crime in Little Rock, and clean black communities in Searcy, AR. Ms. Jennie Jackson, 5120 A Street, addressed the Board of Directors regarding an injury she incurred while running on the 2 Minutes October 3, 1995 1 v grounds of War Memorial Fitness Center. She was running early one morning and ran into a sign that had a metal post sticking out of the ground, which cut her leg. The cut required 15 stitches and she missed a day of work. The City denied her claim saying it was not negligent. She asked the Board of Directors to approve reimbursement of the $264.21 which her insurance did not cover and for one day of sick leave. Mrs. Nellie Leonard, President of the East of Broadway Neighborhood Association, said residents are trying to clean up weed lots in the area but the trash is not being picked up. She also asked the status of the Alert Center that had been promised for the East of Broadway area. Director Wilson also asked that the City Directors have an update on the Alert Centers. Mrs. Susan Maddox, 2123 Broadway, also spoke about the East of Broadway Alert Center. She said she is a downtown business owner and a resident at 22nd and Broadway. She said people are afraid to come to that area, so there is a real need for an alert center on 21st Street. The last speaker under Citizen Communications was Ms. Carol Tabron, 2311 Cumberland Street. She said that in February, 1994 a man fleeing the Police ran through her neighborhood and damaged the fence between 2311 and 2309 Cumberland. The owners were compensated and Allied Fence Company was supposed to repair the fence. Allied was called 14 times but has never repaired the fence. She asked that the check be reissued to Sears for repair of the fence. Mayor Dailey asked City Manager Charles Nickerson to take care of the matter. Items 8 and 9 on the Agenda were Ordinances to amend the City Land Use Plan in the Geyer Springs District (re: Z -6011) and to rezone property on the north side of 10100 block Mabelvale West Road (2- 6011). These items were removed from the Agenda because the required deeds had not been received. Consideration was then given to Ordinance No. 16,974, entitled: AN ORDINANCE TO AMEND THE MASTER STREET PLAN (15,519) REMOVING SEVERAL COLLECTORS IN AN AREA BETWEEN KANIS ROAD AND 36TH STREET AND ROMINE AND WHITE ROADS, AND FOR OTHER MATTERS; (To remove collector streets from the Master Street Plan in an area east of Shackleford and south of Aldersgate and an area south of Kanis and west of Bowman.) and the Ordinance was read the first time. There was a motion by Director Adcock, 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 Joyce, 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 there was a third and last reading of the Ordinance. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. 3 216 Minutes October 3, 1995 The next presentation was Ordinance No. 16,975, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A VARIANCE OF THE MASTER STREET PLAN RIGHT -OF -WAY REQUIREMENTS FOR CEDAR HILL ROAD FOR LOT 6, RIVERSIDE COMMERCIAL PARK SUBDIVISION, LITTLE ROCK, ARKANSAS; (SW corner of Cedar Hill & Rebsamen Park Rd.) and the Ordinance was read the first time. There was a motion by Director Adcock, 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 Joyce, 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 there was a third and last reading of the Ordinance. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 16,976, with the title being: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER FROM THE PROHIBITION OF PIPESTEM LOTS FOR STRAUSS ADDITION (S- 1079), LOCATED AT THE NORTHWEST CORNER OF W. 65TH ST. AND DIVIDEND ST., LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. There was a motion by Director Adcock, 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 Joyce, 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 there was a third and last reading of the Ordinance. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Ordinance No. 16,977 was the next presentation, with the following caption: AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE CITY OF LITTLE ROCK, ARKANSAS, AND MAKING SAME A PART OF THE CITY OF LITTLE ROCK; (Arkansas Systems Annexation - 67.8 acres lying between Kirk Road and Chenal Parkway north of Kanis Road. The Court Order was signed by Pulaski County Judge Floyd G. Villines, III, on August 31, 1995.) and the Ordinance was read the first time. There was a motion by Director Adcock, 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 4 Minutes October 3, 1995 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 Joyce, 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 there was a third and last reading of the Ordinance. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Consideration was then given to Zoning Application Z -6051 filed by Joe White of White - Daters Engineers on behalf of Arkansas Systems to rezone 67.8 acres, more or less, on the east side of Chenal Parkway, approximately 0.5 mile north of the Kanis Road intersection. The reclassification was approved by the Planning Commission on August 8, 1995. No one spoke in opposition to the rezoning and Ordinance No. 16,978 was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z -6051 - To rezone 67.8 acres on the east side of Chenal Parkway, approximately 0.5 mile north of the Kanis Road intersection from various zoning districts to 110-2" Office and Institutional District for Arkansas Systems.) and the Ordinance was read the first time. There was a motion by Director Adcock, 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 Joyce, 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 there was a third and last reading of the Ordinance. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 9,504, adopted September 19, 1995, to consider an ordinance authorizing the issuance of Industrial Development Revenue Bonds for the Peerless Engraving Company. The notice of hearing was published in the Arkansas Democrat Gazette on September 19, 1995. Mayor Dailey declared the public hearing opened. Attorney Tom Leggett with the Friday Law Firm explained the Act 9 bond issue and responded to Director Wilson's questions regarding jobs and expansion. Mayor Dailey declared the public hearing closed, and Ordinance No. 16,979 was presented, described as: AN ORDINANCE AUTHORIZING THE ISSUANCE OF AN INDUSTRIAL DEVELOPMENT REVENUE BOND TO FINANCE CERTAIN INDUSTRIAL FACILITIES; AUTHORIZING THE LEASING OF SUCH FACILITIES TO THE PEERLESS ENGRAVING COMPANY; AUTHORIZING THE SALE OF THE BOND AND THE EXECUTION OF A BOND PURCHASE AGREEMENT IN CONNECTION THEREWITH; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; 5 218 Minutes October 3, 1995 and the Ordinance was read the first time. There was a motion by Director Adcock, 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 Joyce, 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 there was a third and last reading of the Ordinance. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck and Mayor Dailey - total 11; Noes - None; Absent - None. The Emergency Clause contained in Section 12 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. Introduced next was Ordinance No. 16,980, entitled: AN ORDINANCE APPROPRIATING FUNDS FROM THE GENERAL FUND BALANCE FOR THE RESERVE TO FUND FUTURE SERVICE INITIATIVES; AND FOR OTHER PURPOSES; ($1,000,000 to the FUTURE - Little Rock Reserve.) and the Ordinance was read the first time. There was a motion by Director Adcock, 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 Joyce, 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 there was a third and last reading of the Ordinance. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,981, with the title being: AN ORDINANCE TO AMEND ORDINANCE NO. 16,797 (THE 1995 BUDGET ORDINANCE) ; REALLOCATING BUDGET FUNDS WITHIN THE LITTLE ROCK POLICE DEPARTMENT; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Adcock, 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 Joyce, 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 there was a third and last reading of the Ordinance. A roll call vote was taken on the question, Shall the Ordinance Minutes October 3, 1995 �19 Pass, with the results recorded as follows: Ayes - Directors Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Consideration was then given to Resolution No. 9,515, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH L.E.G., INC. TO INSTALL NEW TRAFFIC SIGNALS AT MARA LYNN & SHACKLEFORD ROAD AND UNIVERSITY & EVERGREEN; AND TO INSTALL SOLAR POWERED SCHOOL FLASHERS AT BASELINE ELEMENTARY, MARTIN LUTHER KING ELEMENTARY AND TERRY ELEMENTARY. (Not to exceed $166,123.) Following the reading of the Resolution, there was a motion by Director Keck, seconded by Director Hinton, to adopt the Resolution. Director Adcock questioned the need for flashers at Scott Hamilton and Baseline near Baseline Elementary School since there is already a traffic signal at that intersection. Public Works Director Chandra Russell responded by explaining that the main function of traffic signals is to guide vehicular traffic whereas school flashers are used at specific times of the day to warn that there are pedestrians in the area. The Resolution was unanimously adopted by the Board of Directors. The next presentation was Resolution No. 9,516, described as: A RESOLUTION AUTHORIZING THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF BASELINE ROAD AND OMAN ROAD. Director Sharp moved to take the $65,000 from the surplus funds for Ward 7. Director Keck asked if the funds are dispersed by ward. City Manager Charles Nickerson responded that the street and drainage improvement projects were broken down by wards. Director Joyce said she had been in contact with two school board members who are very interested in assisting the City in some way with the installation of the traffic signal. The Highway Department has also been contacted regarding assistance. Director Joyce asked the Board to wait until the City receives a response from the School Board and from the Highway Department. Director Kumpuris also felt there are other ways to address this issue and that the Resolution is premature. Mr. Troy Laha, 7 Althea Circle, a resident of Southwest Little Rock, said the traffic signal is desperately needed at Baseline and Oman Roads for the safety of the children because traffic is always heavy. Mrs. Pam Adcock, 6432 Tulip Street, angrily stated that flashers are stupid and a waste of money; a traffic light is needed. Director Wilson agreed that flashers are a waste of money. Ms. Phyllis Henderson, 36 Hatfield Street, said there is a real need for the traffic signal because Baseline Road carries 27,000 cars a day and children cross that five lane street. Director Wyrick said there is a long history of trying to get a traffic light at this location and felt the City would have to pay the $65,000. She then reviewed a list of proposed traffic signals and suggested that the list be revised to delete a number of locations that were not recommended by Staff and /or the Highway Dept. ( #4 - Rodney Parham and Treasure Hills; #10 - Shackleford and I -430; #12 - Barrow Rd. and I -630; #19 - Shackleford and 1- 430 Northbound; #22 - Shackleford and I -430 Southbound; #6 - I -30 and Mabelvale West; #11 - Markham and Woodrow; #17 - Stagecoach and Otter Creek) . Director Keck said he would like to have time to study the information provided by Director Wyrick. He then moved to table the Resolution until Tuesday, October 10, 1995, and the motion was seconded by Director Kumpuris. The motion failed by the following roll call vote: Ayes - Directors Joyce, Mason, Kumpuris, Keck and Mayor Dailey - total 5; Noes - Directors Wyrick, Sharp, Adcock, Wilson, Hinton, and Hodges - total 6. There was a subsequent motion by Director Sharp, 7 220 Minutes October 3, 1995 seconded by Director Hodges, to take the $65,000 from Ward 7 ATST surplus funds. City Attorney Tom Carpenter said Section 2 would be changed to read: "Funds of up to $65,000 are available for this purpose in account number ." Following further discussion, a roll call vote was taken on the motion as follows: Ayes - Directors Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the motion was adopted and the proposed Resolution was amended to take the $65,000 from Ward 7 surplus funds. Director Joyce again asked that the School Board and the Highway Department be given the opportunity to assist in this project. She then moved to table the Resolution, as amended, until the next meeting (October 17). Director Kumpuris seconded the motion, and a roll call vote was taken as follows: Ayes - Directors Joyce, Mason, Kumpuris and Mayor Dailey - total 4; Noes - Directors Wyrick, Sharp, Adcock, Wilson, Hinton, Hodges and Keck - total 7. Mayor Dailey announced the motion to table for two weeks had failed. The Resolution, as amended, was then read and a roll call vote was taken as follows: Ayes - Directors Sharp, Adcock, Wilson, Hinton, Hodges, Keck, and Wyrick - total 7; Noes - Directors Joyce, Mason, Kumpuris and Mayor Dailey - total 4. Whereupon, the Resolution, as amended, was adopted. At 7:50 o'clock P.M. Mayor Dailey declared a ten minute recess. When the Board of Directors reconvened at 8:05 o'clock P.M., Mayor Dailey presided and all Directors were present. Consideration was then given to Ordinance No. 16,982, entitled: AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE SECTION 2 -243 (1988) TO CONFORM TO AMENDMENTS OF THE ARKANSAS CODE; TO RECOGNIZE ACCOUNTING SERVICES AS A PROFESSIONAL SERVICE FOR THE CITY OF LITTLE ROCK, ARKANSAS, AND ITS VARIOUS BOARDS AND COMMISSIONS; AND FOR OTHER PURPOSES; and the Ordinance was read the second time, having been read the first time on September 19, 1995. There was motion to suspend the rules and place the Ordinance on third and final reading. The motion was made by Director Adcock, seconded by Director Joyce, 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, and the third and last reading occurred. A roll call vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was a proposed Ordinance entitled: AN ORDINANCE TO REQUIRE THAT THE SELECTION OF PROFESSIONAL SERVICES FOR RATE INCREASES AND BOND ISSUES BE MADE BY THE LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS; SETTING FORTH A PROCEDURE; AND FOR OTHER PURPOSES; (To assure that professional services for bond issues and rate increases by municipal boards and commissions be selected by the Board of Directors.) and the Ordinance was read the third time, having been read the first time on September 5, 1995, with the second reading occurring on September 19, 1995. Director Hodges asked if there had been any response from other Boards and Commissions of the City of Little Rock. City Attorney Tom Carpenter said those that he heard from said they could live with this. In response to further questions by Director Hodges, Mr. Carpenter explained how the review committee for the selection of professional services 8 221 Minutes October 3, 1995 would be selected. Director Hodges objected, saying the Ordinance needs to be more specific in precisely how the committee would be selected. Director Kumpuris said there should be input from the various Boards and Commissions. Following the lengthy discussion, there was a motion by Director Kumpuris to table the Ordinance for two weeks. The motion was seconded by Director Sharp and adopted by the following roll call vote: Ayes - Directors Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was left on the calendar for final vote on October 17, 1995. Item 22 on the Agenda was a proposed Resolution authorizing the extension of the wrecker franchise contract with Routh Wrecker Service for a period from October 15, 1995 to December 31, 1995. The Resolution was removed from the Agenda. City Manager Charles Nickerson stated that bids will be taken on the contract. Agenda Item 23 was a proposed Resolution authorizing a sewer tie -on for 4710 Frazier Pike - College Station Elementary School, which is outside the City limits. The property will be annexed to the City; therefore, the Resolution was removed from the Agenda. Item 24 on the Agenda was a proposed Resolution accepting the donation of park land at Mabelvale Pike and Mabelvale Main Street from the Jonas Corporation. The Resolution was removed from the Agenda. The last matter to be considered was a proposed Ordinance entitled: AN ORDINANCE AMENDING CHAPTER 18 SECTIONS 18- 52(2)(3) OF LITTLE ROCK, ARK. REVISED CODE (1988), DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Re: Noises prohibited.) and the Ordinance was read the second time, having been read the first time on September 19, 1995. There was a motion by Director Adcock, seconded by Director Kumpuris, to suspend the rules and place the Ordinance on third 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 final reading of the Ordinance ensued. City Attorney Tom Carpenter expressed concern about changing the hours. He said one of the concerns the Board expressed two weeks ago was about the hours and wanted to change the hours or amend them out entirely. His research has revealed that this would create problems and have an impact on things the Board doesn't even foresee (i.e. church bells). Mr. Carpenter said the City already has enforcement authority under State law for anything, even boom boxes, because anytime a noise is so loud that it annoys, that becomes a violation of state law as it is. Does the Board want to redraft this Ordinance entirely and deal with a decibel type of problem, as some Cities do? Mr. Carpenter said he needed to know exactly what the Board wants to do before he writes another Ordinance. Mr. Robert "Say" McIntosh spoke in support of the noise ordinance, stating no one should have to listen to the loud music (which he referred to as garbage) on the boom boxes. The boom boxes and the loud speakers need to be banned. No one should have the right to play such loud music in automobiles. Director Mason said he had not heard one thing about music in the Ordinance; the issue is noise. He didn't want anyone to leave thinking this was just an issue dealing with rap music. Mr. Carpenter reiterated that the key is any music played so loud that it annoys is a violation of state statute as it is now. The problem is with enforcement. Mr. Jeffrey Hawkins spoke briefly. Director Hinton said what the committee really wanted E