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HomeMy WebLinkAbout05-16-959� Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas May 16, 1995 - 6:10 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. Mayor Dailey announced that a quorum was present and declared the Board of Directors in session. The Invocation was given by Mayor Dailey, followed by the Pledge of Allegiance. Mayor Dailey welcomed boy scouts from Troop #219 Highland Park and Troop #580 Booker Homes. Directors Joyce and Mason presented Certificates of Appreciation to 22 students from various schools in the City of Little Rock in honor of National Youth Services Day sponsored by Prudential Base Securities. (Director Wilson enrolled at 6:15 o'clock P.M.) Mayor Dailey presented Certificates of Appreciation to members of the Street Lighting Committee. At the request of Vice Mayor Adcock, a 4 minute video of the improvements to Geyer Springs Community Ballpark was shown. Following the video, a Certificate of Appreciation was presented to Mr. Dick Oakley (Shilling Motors) for his leadership in the ballpark improvements. Mayor Dailey read a proclamation which proclaimed May 21 -27, 1995 as National Public Works Week. Consideration was then given to the Consent Agenda which consisted of the following: (1) Approval of the Minutes of the Board of Directors regular meetings held April 4, 1995, and April 18, 1995. (2) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of March, 1995. (3) Resolution No. 9,388, entitled: A RESOLUTION ALLOCATING FUNDS AND AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR CURB, GUTTER AND GRAVEL SUB -BASE FOR REMMEL PARK, A 1995 CAPITAL IMPROVEMENT BOND PROJECT. ($38,233.50) (4) Resolution No. 9,389, described as: A RESOLUTION ALLOCATING FUNDS FROM THE 1988 CAPITAL IMPROVEMENT BOND FUND FOR THE INSTALLATION OF HANDICAP PLAYGROUND SURFACE, ADDITIONAL PARKING, LANDSCAPE IMPROVEMENTS, LIGHTING AND TRAIL IMPROVEMENTS AT ALLSOPP PARK. ($65,000) 1 104 Minutes May 16, 1995 directly involved in a situation that resulted in a 13 year old, a 4 year old, and a 6 months old being sprayed with pepper spray. Two weeks ago the same officer was involved in a shooting of another African - American male almost mimicking the first. Also about a month ago a 70 year old African - American male in the East End Community was sprayed with pepper spray for asking the wrong question. Mr. Daugherty concluded by asking for a civilian review board to handle these problems. The next speaker was Mr. Paul Kimbrough, who spoke on a variety of issues in Granite Mountain but did not make a specific request (Josephine Booker Homes, Granite Heights Subdivision, Gillam Park, airplane noise, railroad noise). (Vice Mayor Adcock re- enrolled at 10:15 o'clock P.M.) Mr. Robert "Say" McIntosh urged the City to clean up and cut grass around the alert center at 11th and Park as well as all the other alert centers. Director Joyce moved that all documents related to the surplus funds, including the Baum Center priority lists, be made part of the official record of May 16, 1995. The motion was seconded by Director Hodges and unanimously adopted by the Board Members present, being 11 in number. Therefore, all the reports and priority lists, etc. were to be filed with City Clerk Robbie Hancock. (See Ordinance No. 16,894 above - pages 7 and 8.) The next speaker under Citizen Communications was Mr. Herbert Davis, 1708 Tulane Street, who stated he was the person shot in back by the police officer as mentioned by Mr. Daugherty and asked why the officer was kept on the Police force. He strongly urged the Board to institute the Citizen Review Board. Mrs. Estelle Watson reported vacant lots that need to be cut and an abandoned house that needs to be torn down in the East End community. Mayor Dailey asked Mrs. Watson to turn in a list to City Manager Charles Nickerson. Also Mrs. Watson said she did not understand Zoning Case Z- 5205 -A to rezone 1619 East Third Street. Mayor Dailey advised her to talk to staff after the meeting. Mrs. Kim Hogan, 13316 Frazier Pike, and Mrs. Barbara Hartsell, 6200 Thiboult Road (Community Action Group Against Sludge) updated the Board of Directors on their activities regarding the sludge application by Little Rock Wastewater Utility. They presented the following documents for the Board Members to review: Library of Congress report regarding sludge as fertilizer; a letter from the Wastewater Utility files regarding cemeteries in the area - unmarked cemeteries are not on a topographical map; petitions signed by employees of businesses in the Fourche Creek /Port Area who have suffered from the smell of the wastewater treatment plant; a letter from the Department of Pollution Control and Ecology (Randall Mathis and Bruce Kirkpatrick) stating the Department's decision to require those applying for land application permits to show title of the land or ownership agreement. They appealed to the Board of Directors to not let Wastewater Utility take ownership of the land. The last speaker was Mrs. Kathy Wells, President of the Coalition of Little Rock Neighborhoods, who pledged support for the City of Little Rock in the lawsuit regarding the rental inspection program. Fs; Minutes May 16, 1995 There being no further business to be presented, the Board of Directors recessed at 10:30 P.M. to reconvene on Tuesday, May 23, 1995, at 4:00 P.M. to consider the agreement with IN Affordable Housing, the contract with Waste Management, Inc. and the Landfill engineering design contract. ATTEST: City Clerk Robbie Hancock 11 APPROVED: M or Jim Dailey 105 M Minutes May 16, 1995 (5) Resolution No. 9,390, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR ROOF REPAIRS FOR OTTENHEIMER RECREATION CENTER. (Nathaniel Saine Construction, Inc. - $23,800.) (6) Resolution No. 91391, entitled: A RESOLUTION ALLOCATING FUNDS AND AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR INSTALLATION OF TRAFFIC SIGNALS AT GREEN MOUNTAIN AND RAINWOOD, JOHN BARROW AND TANYA, AND RODNEY PARHAM AND PLEASANT VALLEY. (L.E.G. Enterprise - not to exceed $239,066.35.) (7) Resolution No. 9,392, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE FUNDS FROM THE 1995 CAPITAL IMPROVEMENT BOND FUND FOR THE RENOVATION OF TWO FIRE STATIONS. ($900,000 each for Stations #2 and #11.) Upon a motion by Director Sharp, seconded by Director Keck, which was unanimously adopted, the Consent Agenda was dispensed with as follows: (1) The Minutes of the Board of Directors regular meetings held April 4, 1995, and April 18, 1995, were approved as written and distributed to the Board of Directors; (2) the Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of March, 1995 was received and filed; and (3, 4, 5, 6, and 7) Resolutions No. 9,388, 9,389, 9,3900 9,391, and 9,392 were unanimously adopted. A public hearing had been scheduled for this time and place by a motion adopted May 2, 1995, on the appeal of the Planning Commission's denial of the application to rezone property at Frazier Pike and Pratt Remmel Road (Z -5977) from 11R -2" Single - family District to 11I -2" Light Industrial District, filed by Wingfield Martin, for expansion of American Freightways, Inc. Mayor Dailey declared the public hearing open. Speaking in support of the rezoning was Mr. Rolly Remmel, who urged the Board of Directors to approve the rezoning in order to get industry and jobs for Little Rock. Mr. Wingfield Martin also spoke in support of the rezoning, stating that the notice of public hearing was mailed on April 27, 1995 and again on May 4, 1995 to all property owners within 200 feet. The problems with noise, lighting and screening were addressed at the Planning Commission meeting. He concluded by urging the Board of Directors to approve the rezoning. Mr. Jessie Doyne, Jr., College Station Community Development Corporation, read a letter dated May 11, 1995 that he wrote to Mr. Sheridan Garrison, President of American Freightways, stating support of the rezoning if there was a written agreement to the following conditions: (1) a 50 ft. open space strip requirement on the west and south boundaries of westernmost Tracts 1 & 2; (2) a site plan review on south 300 ft. of Tract 3; (3) all new and existing lighting be turned inward toward the complex and directed away from residential areas; (4) all new and existing noise volumes be decreased or eliminated by deleting external intercom and utilizing internal intercom system; (5) improve Pratt Remmel Road to Frazier Pike; (6) prohibit curb cut on Tract 3 and provide landscape barrier on south property line; and (7) allow community input on designing and positioning of new buildings on 30 acre Tract 1 to avoid additional noise and light pollution problems. Mr. Austin Porter, Jr., College Station CDC, expressed some concern, stating they have not received a commitment from American Freightways. He asked how many jobs are going to African Americans and how many are going to people in the College Station community? He said he was not against the zoning, based on American Freightways agreeing to the items set forth in Mr. Doyne's letter. Mrs. Helena Flowers spoke in opposition to the rezoning, stating she 2 97 Minutes May 16, 1995 was the nearest residence to the monstrous building. She also wanted something in writing from American Freightways regarding the items listed in Mr. Doyne's letter. Mr. Martin stated that Mr. Garrison stood before the Planning Commission and agreed to Items 1 - 6, but that Item 7 had not been addressed. Mr. Martin also stated that Mr. Garrison is going to solve the problem of noise and lights. City Attorney Tom Carpenter reminded Board Members that if the Board of Directors desires the conditions to run with the land, then the conditions must be part of the Ordinance. He also pointed out that Items 1 -6 have been agreed to, but the hangup seems to be Item #7. However, that issue is basically accomplished by Item #2 in the site plan review. Vice Mayor Adcock suggested that the residents go to the Conference Room and try to reach an agreement with American Freightways via Mr. Wingfield Martin and others. Mayor Dailey then declared the public hearing closed. Director Hodges moved to approve the rezoning subject to the approval of Items 1 through 7 in the letter dated May 11, 1995. Mr. Carpenter advised that the Board of Directors cannot impose conditions until the applicant agrees to them. Director Hodges then moved to approve the zoning and to include Items 1 through 6 in the Ordinance, and Director Kumpuris seconded the motion. (American Freightways had agreed to those items at the Planning Commission Meeting.) Director Wilson said she could not support the proposal until the citizens of College Station know the full impact on their community. After further discussion, there was a substitute motion by Director Hinton to defer the Ordinance for thirty (30) days to allow all parties to get together to hammer out the issue, and the motion was seconded by Director Wilson. The motion to defer for 30 days failed by the following roll call vote: Ayes - Directors Mason, Wilson, and Hinton - total 3; Noes - Directors Sharp, Kumpuris, Adcock, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 8. There was a subsequent motion and second by Directors Hodges and Kumpuris to lay the matter on the table for a period of thirty (30) minutes (so that the parties involved could go into the Board Conference Room to try to reach an agreement.) The motion was adopted by a vote of 10 ayes and 1 no (Director Wilson). Therefore, the parties involved moved to the Conference Room to try to reach an agreement. (Continued on page 5 - See Ordinance No. 16,893.) At 8:00 o'clock P.M. Mayor Dailey declared a ten minute recess. When the Board of Directors reconvened at 8:15 o'clock P.M. Mayor Dailey presided and the following Directors were present: Directors Sharp, Mason, Wilson, Hinton, Hodges, Keck, Joyce and Wyrick - total 8; Absent - Director Kumpuris and Vice Mayor Adcock- total 2. The next presentation was Ordinance No. 16,889, entitled: 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- 5205 -A - To rezone 1619 East 3rd Street, described as Lots 5 and 6, Block 2, Garland Addition, from 11R -4" Two - family District to 11I -2" Light Industrial District.) and the Ordinance was read the first time. There was a motion by ~- Director Mason, 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 nine 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 Keck and Joyce, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was adopted by a vote of 8 ayes and 1 no (Director Wilson), and the Ordinance was read the third and last time. A roll call vote was taken on 4; • Minutes May 16, 1995 passage of the Ordinance, with the results recorded as follows: Ayes - Directors Sharp, Mason, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 8; Noes - Director Wilson - total 1; Absent - Director Kumpuris and Vice Mayor Adcock - total 2. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 16,890, 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 -5962 - To rezone 1500 Maryland Street, described as the east 44 feet of Lot 10, Lot 11 and Lot 12, Block 412, Compton's Subdivision, from 11I -2" Light Industrial District to 990-3" General Office District.) and the Ordinance was read the first time. There was a motion by Director Mason, 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 nine 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 Keck 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 nine in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was 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, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 9; Noes - None; Absent - Director Kumpuris and Vice Mayor Adcock - total 2. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 16,891, described as: 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; (2-5974 - To rezone 1.749 acres at West 65th and South University from 11C -3" General Commercial District to 11C -4" Open Display District.) and the Ordinance was read the first time. There was a motion by Director Mason, 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 nine 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 Keck 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 nine in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was 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, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 9; Noes - None; Absent - Director Kumpuris and Vice Mayor Adcock - total 2. Therefore, the Ordinance was declared PASSED. P.M.) (Director Kumpuris and Vice Mayor Adcock re- enrolled at 8:20 4 Minutes May 16, 1995 99 A public hearing had been scheduled for this time and place by Resolution No. 9,369, adopted May 2, 1995, on the petition filed by White - Daters & Associates, on behalf of David and Mary Pickering, Joe and Jeanette White, Jack Sessions, Anthony Sessions, Timothy Sessions, Cheryl Tyler, Ronald Sessions, Patricia Shannon, Jack Shannon, Shirley Enney and Belz- Burrow II, Limited Partnership, to vacate and close Alhambra Court from the north right -of -way line of Bristol Drive south to the north right -of -way line of Chenal Parkway. The notice of hearing was published in the Daily Record on May 9, 1995, and May 16, 1995. Attached to the petition was a copy of the plat on file in the Pulaski County Circuit Clerk's Office in Plat Book 6, page 25, and a letter from Beach Abstract & Guaranty Company, listing the last apparent owners of record to abutting property. Mayor Dailey declared the public hearing open. There was no one present to speak in opposition to the abandonment, and Mayor Dailey declared the public hearing closed. Ordinance No. 16,892 was then introduced, with the title being: AN ORDINANCE ABANDONING AND CLOSING ALHAMBRA COURT BETWEEN CHENAL PARKWAY AND BRISTOL DRIVE IN MONTCLAIR HEIGHTS SUBDIVISION, PHASE II, IN THE CITY OF LITTLE ROCK, ARKANSAS, AND ALL EASEMENTS LOCATED WITHIN THAT PORTION OF RIGHT -OF -WAY; and there was a first reading of the Ordinance. Director Mason moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Keck and unanimously adopted by the Board Members present, being 11 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 Joyce and Wilson, 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 it in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was 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. Item 17 on the Agenda was a proposed Ordinance entitled: "AN ORDINANCE WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE MEHLBURGER FIRM, INC. TO PROVIDE ENGINEERING DESIGN SERVICES FOR EXPANSION OF THE LITTLE ROCK LANDFILL." Mayor Dailey announced that City Manager Charles Nickerson had requested deferral in order to advertise for competitive bids. Therefore, the Ordinance was removed from the Agenda and no action was taken. Mayor Dailey stated the meeting would be recessed and reconvened on Tuesday, May 23, 1995, at which time the contract for engineering design services for expansion of the Landfill would be considered if it was ready. At 8:30 P.M. City Attorney Tom Carpenter announced that the thirty minutes had passed and the Ordinance to rezone property at Frazier Pike and Pratt Remmel Road (Z -5977) was off the table. (See discussion on pages 2 and 3.) (The parties involved had returned from their meeting in the Conference Room. Directors Kumpuris and Adcock also met with the group.) Ordinance No. 16,893 was then introduced, 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. 5 100 Minutes May 16, 1995 (2-3977 - To rezone property at Frazier Pike and Pratt Remmel Road from "R -2" Single- family District to 11I -2" Light Industrial with conditions.) Director Adcock explained that Item 7 was removed since it was covered by Item 2 - site plan review. In Item 2 the phrase "on the south 300 ft. of Tract 3" was deleted so it would apply to all the tracts. The lighting and noise issues were already addressed. Therefore, the six conditions were: (1) a 50 ft. open space strip requirement on the west and south boundaries of westernmost Tracts 1 & 2; (2) a site plan; (3) all new and existing lighting facilities are to be turned inward toward the complex and directed away from residential areas; (4) all new and existing noise volumes are to be decreased or eliminated by deleting external intercom and utilizing internal intercom system; (5) improve Pratt Remmel Road to Frazier Pike; (6) prohibit curb cut on Tract 3 and provide landscape barrier on south property line. Mr. Wingfield Martin, acting on behalf of American Freightways, requested the conditions be included in the Ordinance. There was a motion by Director Hodges, seconded by Director Kumpuris, to amend the proposed Ordinance to include the six conditions. The motion was adopted by a vote of 10 ayes with 1 abstention (Director Wilson). The Ordinance, as amended to include the six conditions, was then read the first time. The rules were suspended and the Ordinance placed on second reading, upon a motion by Director Adcock, which was 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. There was a second reading of the Ordinance, followed by a motion and second by Directors Sharp and Adcock, 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 question, Shall the Ordinance Pass, with the response being: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes - None; Abstentions - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Consideration was then given to a proposed Ordinance described as: 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 -5967 - To rezone 5819 Young Road from 11R -2" Single- family District to 11R -5" Urban Residence District.) and the Ordinance was read the first time. At the request of Director Adcock, Mr. Jim Lawson, Director of Neighborhoods and Planning, made a brief report, stating that the owner had come in for a permit to remodel the units. On remodelling permits, the City does not inspect to see how the property is zoned. When the final inspection of the remodelling was made, staff discovered the unit had been a non - conforming use as a day care, which had been subdivided into four residential units without any electrical and plumbing permits. The owner was notified the property was not zoned for residential use. Mr. Lawson concluded by stating if the zoning is approved, the owner will have to get electrical and plumbing permits and will have to re -do the units. The parking lot will have to be paved, with spaces for six cars, and will have to be landscaped. There was a motion by Director Hinton, 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 it in number and two - thirds or more of the members of the Board of 11 Minutes May 16, 1995 101 Directors -elect and the second reading of the Ordinance ensued. The rules were suspended and the Ordinance placed on third and final reading, upon a motion by Director Joyce, seconded by Director Adcock, which 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, followed by a roll call vote on passage of the Ordinance: Ayes - Directors Sharp, Mason, Hodges and Mayor Dailey - total 4; Noes - Directors Kumpuris, Adcock, Wilson, Hinton, Keck, Joyce and Wyrick - total 7; Absent - None. Whereupon, Mayor Dailey announced that the Ordinance had FAILED. The next presentation was Ordinance No. 16,894, with the title being: AN ORDINANCE AMENDING ORDINANCE NO. 16,797 (THE 1995 BUDGET ORDINANCE) TO APPROPRIATE ADDITIONAL FUNDS FOR VARIOUS NEEDS OF THE CITY; AND FOR OTHER PURPOSES; (Allocating AT &T and other surplus funds.) Based on Circuit Court action Friday, May 12, 1995, regarding the City's surplus funds decision - making process at the UALR Decision Center on May 8, 1995, the Board of Directors reviewed the specific projects list that was before them at the Baum Center and checked the projects they remembered marking as the 20 most important. The lists were signed and turned in to City Clerk Robbie Hancock for the official record. The Board then heard comments from citizens regarding expenditure of the surplus funds: Rochelle Webb - summer jobs for youth; Erwin Evans (ACORN) - streets and vacant lots; Geraldine Garrett (ACORN) - fair housing for low and moderate income people; Robert "Say" McIntosh - jobs for youths; Keith Fralick - Briarwood drainage ditch; Tommy Hudson (LRFOP) - raises for police officers; Richard Brittain - appeal court decision; Diane Davis - neighborhood improvements and preservation; Paula Edwards - reinstate step increases for non - uniform employees; Pratt Remmel, Jr. - youth programs; Paul Kimbrough - storm drainage in Granite Mountain; Dr. Erma Glasco Davis (National Dunbar Alumni Association) - improvements for Dunbar High School (she submitted petitions with 1,000 signatures); Estelle Watson - street improvements and vacant lots in east Little Rock. Following citizen comments, there was a motion by Director Hodges, seconded by Director Sharp, to adopt Items 1 through 23 on page 4 of the handout. There was a substitute motion by Director Kumpuris, seconded by Director Keck, to make reductions in the list as follows: Central High Museum from $250,000 to $225,000; Contingency Fund from $800,000 to $750,000; Emergency Reserve Fund from $450,000 to $400,000; Advocates for Battered Women from $35,000 to $25,000; Boys Club Expansion from $300,000 to $250,000; Jr. Deputy Baseball Building Improvements from $250,000 to $225,000; East Markham Street Improvements from $500,000 to $400,000; for a total of $310,000 plus $125,000 available in interest funds. Those funds to be used for Work Place Improvement Projects as follows: Employee Training and Certifications - $56,000; TQM and testing equipment - $36,000; Neighborhoods and Planning Building Improvements - $24,000; Computer upgrade - $27,000; and Municipal Courts building design and evaluation - $43,000 - a total of $186,000. The funds available are $7,215,858 (plus interest of $125,000 = $7,340,858). Prior total of 23 projects = $7,452,434. Subtract $236,586, less $186,000 = deficit of $422,576. Add interest of $125,000 plus reduction of $310,000 = $435,000 for a net positive balance of $12,424. Director Adcock suggested further reducing the Boys Club from $250,000 to $150,000 and Jr. Deputy Baseball from $225,000 to $150,000 and using that $300,000 to renovate the old jail space in the Police building. 7 102 Minutes May 16, 1995 The vote was then taken on the substitute motion by Director Kumpuris to revise the Ordinance, which was adopted by the following roll call vote: Ayes - Directors Sharp, Mason, Kumpuris, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 8; Noes - Directors Adcock, Wilson, and Hinton - total 3. City Attorney Tom Carpenter then explained the sections to be added to the draft of the Ordinance. (See Sections 1 through 11 of Ordinance No. 16,894.) The Ordinance, as revised, was read the first time. There was a motion by Director Hodges, seconded by Director Keck, 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 Sharp and Hodges, respectively, to again suspend the rules and place the Ordinance on third and final reading, which 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 and 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, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. (Note: See motion by Director Joyce on page 10.) Item 15 on the Agenda was a proposed Resolution, entitled: "A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH IN AFFORDABLE HOUSING, INC. TO PROVIDE EDUCATION, TRAINING, AND COUNSELING TO LOW - INCOME, POTENTIAL HOME BUYERS. Mayor Dailey announced that the Resolution was deferred until May 23, 1995. Item 16 on the Agenda was a proposed Resolution with the following caption: A RESOLUTION TO APPROVE ENTRY INTO A CONTRACT WITH WASTE MANAGEMENT, INC. 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; Mayor Dailey announced that no action would be taken on the Resolution until a later date. City Attorney Tom Carpenter explained the proposed contract and draft language. Mr. Arthur Cearley, a Sanitation Department employee, pleaded "don't sell us down the road. I need my job." Mr. Robert "Say" McIntosh spoke in support, saying this would be a better deal for the employees because they would make more money and not pay union dues. The Resolution was not read. Mayor Dailey announced that it would be considered at the reconvened meeting on May 23, 1995 if the documents were ready. Therefore, the proposed Resolution was deferred until the May 23, 1995 reconvened meeting. The next presentation was Ordinance No. 16,895, with the title being: AN ORDINANCE TO APPROPRIATE FUNDS FOR A CONTRACT WITH A CABLE TELEVISION FRANCHISE RENEWAL CONSULTANT; AND FOR OTHER PURPOSES; (Appropriate $30,000 for contract with Arnold and Porter.) and the Ordinance was read the first time, followed by a motion and second to suspend the rules and place the Ordinance on second reading. The motion was made by Director Mason, seconded by Director Sharp, 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. Following the second E. Minutes May 16, 1995 103 reading of the Ordinance, there was a subsequent motion to again suspend the rules and place the Ordinance on third and final reading. The motion was made by Director Adcock, 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, and the Ordinance was 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 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. Introduced next was Ordinance No. 16,896, described as: AN ORDINANCE AMENDING ORDINANCE NO. 16,797 (THE 1995 BUDGET ORDINANCE) TO REAPPROPRIATE CAPITAL FUNDS; AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Contract with Southern Company of North Little Rock to correct a leak in a fuel storage tank; Reappropriate $130,000.) and the Ordinance was read the first time, followed by a motion and second to suspend the rules and place the Ordinance on second reading. The motion was made by Director Mason, seconded by Director Sharp, 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. Following the second reading of the Ordinance, there was a subsequent motion to again suspend the rules and place the Ordinance on third and final reading. The motion was made by Director Adcock, 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, and the Ordinance was 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 Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 11; Noes - None; Absent - None. The Emergency Clause contained in Section 2 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was then declared PASSED. (Vice Mayor Adcock was excused at 10:00 P.M.) The last item on the Agenda was a proposed Resolution entitled: A RESOLUTION TO SUPPORT THE COMMUNITY REINVESTMENT ACT AND TO OPPOSE CONGRESSIONAL CHANGES WHICH WOULD WEAKEN THE COMMUNITY REINVESTMENT ACT (CRA). Director Keck moved to table the Resolution until June 6, 1995. The motion was seconded by Director Mason and adopted by the following roll call vote: Ayes - Directors Sharp, Mason, Hodges, Keck, Joyce and Mayor Dailey - total 6; Noes - Directors Kumpuris, Wilson, Hinton, and Wyrick - total 4; Absent - Vice Mayor Adcock - total 1. Therefore, the Resolution was deferred until June 6, 1995. At the time allotted for Citizen Communications, the first speaker was Mr. Mike Daugherty, 2101 S. Martin Street. Mr. Daugherty said that on December 29, 1992, a Little Rock Police Officer shot an African- American male, Mr. Herbert Davis, causing severe injury to him. On March 16, 1995, the same officer was 9