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07-05-95135 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas July 5, 1995 - 6:05 P.M. The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Jim Dailey presiding. (Note: The meeting was rescheduled to Wednesday 7 -5 -95 due to the July 4th holiday on Tuesday.) City Clerk Robbie Hancock called the roll with the following Directors present: Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce and Wyrick - total 10; Absent - None. With a quorum being present, Mayor Dailey declared the Board of Directors in session and the proceedings of the meeting are recorded as follows. The Invocation was given by Director Kumpuris, followed by the Pledge of Allegiance. Mayor Dailey read two Proclamations. The first one proclaimed the month of July as Reconciliation Month in the City of Little Rock. Mayor Dailey asked Rev. Hezekiah Stewart and Judge Marion Humphrey to join him for the presentation. The second one proclaimed July 5, 1995, as Stop the Violence Day in the City of Little Rock. Mr. Bennie Johnson and representatives of Radio Stations KLRG and HMZX -FM joined Mayor Dailey for that presentation. A short video of the New Life Center at Pankey Community Park was shown to the Board of Directors and the viewing audience. Consideration was then given to the Consent Agenda, which consisted of the following items: (1) The Minutes of the Board of Directors regular meeting held May 16, 1995 and the reconvened meeting held May 23, 1995. (Deferred to July 18, 1995.) (2) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of May, 1995. (To be received and filed.) (3) A motion to set the date of hearing on the appeal of the Planning Commission's denial of Zoning Case Z -5961 - the Harrison Place Apartments Short -form Planned Development - Residential located at the NW corner of N. Harrison and Evergreen Streets. (Filed by James A. Metrailer.) (July 18, 1995 - Ark. School for the Deaf Auditorium, Parnell Hall.) (4) Resolution No. 91430, entitled: A RESOLUTION AMENDING RESOLUTION NO. 8,316, TO CHANGE THE COMPOSITION OF THE BOARD OF TRUSTEES OF THE CITY'S NON - UNIFORMED EMPLOYEES' PENSION PLAN; AND FOR OTHER PURPOSES. (5) Resolution No. 9,431, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF AGGREGATE, SAND AND STONE FOR THE PUBLIC WORKS DEPARTMENT. 1 144 Minutes July 5, 1995 and the third and last reading of the Ordinance ensued. A roll call vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, Mayor Dailey announced that the Ordinance had PASSED. At 7:50 o'clock P.M. the Board of Directors recessed to Executive Session to consider appointments to various Boards and Commissions. When the Board of Directors reconvened at 8:20 o'clock P.M., Mayor Dailey presided, and the following Directors were present: Directors Sharp, Mason, Adcock, Wilson, Hinton, Hodges, Keck, Joyce and Wyrick - total 9; Absent - Director Kumpuris - total 1. Resolution No. 9,440 was presented with the title being: A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE ARKANSAS ARTS CENTER BOARD OF TRUSTEES, HOUSING BOARD OF ADJUSTMENTS & APPEALS, LITTLE ROCK INFORMATION, COMMUNICATION & ENTERTAINMENT COMMISSION, LITTLE ROCK SANITARY SEWER COMMITTEE, LITTLE ROCK PORT AUTHORITY, AND PRIVATE INDUSTRY COUNCIL. (Arts Center - appointed Mary Manning, Letty McAdams, Charles Dudley, Jack Fleischauer, Jr., Dr. Alonzo Williams and reappointed William Clark and Harriet Stephens; Housing Board - appointed Olan Asbury; Entertainment Com. - appointed Dexter Doyne and reappointed Adele Berry, Marsha Camp, William Deloney, Carla Koen; Port Authority - reappointed Lee Frazier; PIC - appointed Christine McDonald and M'Lissa Gravelle and moved Shirley Thomas to Education category; Sewer Com. - appointed Aaron Davenport.) and the Resolution was read in full. There was a motion by Director Adcock, seconded by Director Joyce, to adopt the Resolution, and the Resolution was unanimously adopted by the Board Members present. Mayor Dailey reminded Board Members and the viewing audience that the next regular Board of Directors meeting on July 18, 1995, would be the second satellite meeting and would be held at the Arkansas School for the Deaf Auditorium in Parnell Hall. There being no further business to be presented, the Board of Directors recessed at 8:25 o'clock P.M. to reconvene on Tuesday, July 11, 1995, to consider additional appointments to various Boards and Commissions. ATTEST: APPROVED: 4at,&ck- City Clerk Robbie Hancock ayor Jim Dailey 10 136 Minutes July 5, 1995 (6) Resolution No. 9,432, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO SAM PHILLIPS CONSTRUCTION COMPANY FOR RENOVATION OF A HOUSE AT 2323 SOUTH HARRISON STREET, A CDBG SAVE -A -HOME PROJECT FOR THE DEPARTMENT OF NEIGHBORHOODS AND PLANNING. (Not to exceed $25,376.) (7) Resolution No. 9,433, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE $100,000 FROM THE 1988 CAPITAL IMPROVEMENT BOND FUND FOR GROUND IMPROVEMENTS, UTILITY UPGRADES AND PLANNING SERVICES AT RIVERFRONT PARK. (8) Resolution No. 9,434, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE FUNDS FROM THE 1995 CAPITAL IMPROVEMENT BOND FUNDS FOR CLOVERDALE DRAINAGE, ASCENSION ROAD DRAINAGE, LEAWOOD BRANCH DRAINAGE AND COLEMAN CREEK DRAINAGE, A 1995 CAPITAL IMPROVEMENT BOND PROJECT. (9) Resolution No. 9,435, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE FUNDS FROM THE 1995 CAPITAL IMPROVEMENT BOND FUNDS FOR BRIDGE PROJECTS ON ROOSEVELT ROAD, HILARO SPRINGS ROAD AND WRIGHT AVENUE, A 1995 CAPITAL IMPROVEMENT BOND PROJECT. ($481,439 - Roosevelt/CRIP RR bridge; $496,439 - Hilaro Springs; $529,439 - Wright Ave.) (10) Resolution No. 9,436, entitled: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE MONROE STREET BETWEEN WEST 11TH AND WEST 12TH STREETS IN CUNNINGHAM ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (July 18, 1995 - Ark. School for the Deaf Auditorium, Parnell Hall.) (11) Resolution No. 9,437, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE THE ALLEY IN BLOCK 214, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS. (July 18, 1995 - Ark. School for the Deaf Auditorium, Parnell Hall.) (12) Resolution No. 9,438, with the title being: A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND PULASKI COUNTY, ARKANSAS, FOR A SERVICES CONTRACT FOR A GEOGRAPHIC INFORMATION SYSTEM ANALYST; AND FOR OTHER PURPOSES. (13) Resolution NO. 9,439, entitled: A RESOLUTION ENDORSING THE DAYTIME CURFEW FOR MINORS AND COMMITTING TO CONTINUE THE CURFEW FOR THE 1995 -96 SCHOOL YEAR; AND FOR OTHER PURPOSES. 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 meeting held May 16, 1995, and the reconvened meeting held May 23, 1995, were deferred until July 18, 1995, at the request of City Clerk Robbie Hancock; (2) the Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of May, 1995 was received and filed; (3) the motion setting the date of hearing on the appeal of Zoning Case Z -5961 for July 18, 1995 was unanimously adopted; and (4, 5, 6, 7, 8, 9, 10, 11, Kd 137 Minutes July 5, 1995 12, and 13) Resolutions No. 9430, 9431, 9432, 9433, 9434, 9435, 9436, 9437, 9438, and 9439 were read in full and unanimously adopted. There was a briefing by City Manager Charles Nickerson regarding administrative actions taken due to the Arkansas Supreme Court ruling pertaining to the Jefferson County one cent sales tax for general purposes. (See Tom Carpenter's report in Minutes [pg. 1] of June 20, 1995.) Mr. Nickerson said he had issued a freeze on filling vacant positions and non - critical expenditures, as well as a delay in spending the AT &T funds. At the time allotted to Citizen Communications, the first speaker was Mr. Bennie Johnson, who said Little Rock does not have a gang problem, the problem is black on black crime - blacks killing blacks. He also objected to the attitude of Sgt. Mike Sylvester. The next speaker under Citizen Communications was Mr. Robert "Say" McIntosh, who also spoke on the subject of black on black crime. Consideration was then given to Zoning Application 2- 3434 -A filed by Mr. Freddie H. Reed to rezone 8623 Asher Avenue from "C -3" General Commercial District to "C -4" Open Display Commercial District. The reclassification was approved by the Planning Commission on May 30, 1995. Ordinance No. 16,920 was 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; (Z- 3434 -A - To rezone 8623 Asher Avenue (long legal description) from 11C -3" General Commercial District to 11C -4" Open Display Commercial District.) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Kumpuris, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors- elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Adcock, seconded by Director Joyce, to again suspend the rules and place the Ordinance on third and final reading, and 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. Following the third and last reading of the Ordinance, a roll call vote was taken on the question, Shall the Ordinance Pass, with the following response: Ayes - Directors Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Zoning Application Z- 5549 -A, filed by Becky Kuykendall on behalf of Metropolitan National Bank to rezone 4709 West 65th Street from 11C -4" Open Display Commercial District to "C -3" General Commercial District, was the next presentation. The rezoning was approved by the Planning Commission on May 30, 1995. Ordinance No. 16,921 was presented, 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; i Minutes July 5, 1995 (Z- 5549 -A - To rezone 4709 West 65th Street [Lot 3, Marvin Bass Industrial Acres No. 2] from "C -4" Open Display Commercial District to "C -3" General Commercial District.) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Kumpuris, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Adcock, seconded by Director Joyce, to again suspend the rules and place the Ordinance on third and final reading, and 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. Following the third and last reading of the Ordinance, a roll call vote was taken on the question, Shall the Ordinance Pass, with the following response: Ayes - Directors Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. The next presentation was Zoning Application Z -5986 filed by Terry Nagel for Gunnison, Inc. to rezone 6603 Asher Avenue from "C -3" General Commercial District to "C -4" Open Display Commercial District. The reclassification was approved by the Planning Commission on May 30, 1995. Ordinance No. 16,922 was presented, with the caption 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; (2-5986 - To rezone 6603 Asher Avenue [long legal description] from "C -3" General Commercial District to 11C -4" Open Display Commercial District.) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Kumpuris, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Adcock, seconded by Director Joyce, to again suspend the rules and place the Ordinance on third and final reading, and 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. Following the third and last reading of the Ordinance, a roll call vote was taken on the question, Shall the Ordinance Pass, with the following response: Ayes - Directors Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Consideration was then given to Zoning Application Z -5990 to rezone the 900 block of Autumn Road from "R -2" Single- family District to 110-3" General Office District. The application was filed by J. E. Hathaway, Jr. on behalf of Marian & Julian Genter and W. F. and Kathleen McElroy, and was approved by the Planning Commission on May 30, 1995. Ordinance No. 16,923 was 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; 4 Minutes July 5, 1995 X39 (Z -5990 - To rezone the 900 block of Autumn Road [long legal description] from "R -2" Single- family District to 110-3" General Office District.) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Kumpuris, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Adcock, seconded by Director Joyce, to again suspend the rules and place the Ordinance on third and final reading, and 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. Following the third and last reading of the Ordinance, a roll call vote was taken on the question, Shall the Ordinance Pass, with the following response: Ayes - Directors Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,924, described as: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN ( #16,222) IN THE CHENAL DISTRICT, NORTHEAST OF CHENAL PARKWAY AND WEST OF ST. CHARLES, RECLASSIFYING PROPOSED LAND USES, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Kumpuris, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Adcock, seconded by Director Joyce, to again suspend the rules and place the Ordinance on third and final reading, and 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. Following the third and last reading of the Ordinance, a roll call vote was taken on the question, Shall the Ordinance Pass, with the following response: Ayes - Directors Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Introduced next was Zoning Application 2-5991 filed by Ronald C. Tyne for Winrock Development Company, to rezone 39.4 acres west of St. Charles Addition at the end of Loyola Drive. The reclassification was approved by the Planning Commission on May 30, 1995. Ordinance No. 16,925 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; (2-5991 - To rezone 39.4 acres west of St. Charles Addition at the end of Loyola Drive [long legal description] from "R -2" Single - family, "MD -6" Multifamily, "MF -12" Multi- family, 'IMF-1811 Multifamily, 110-1" Quiet Office, 110-2" Office & Institutional, "C -1" Neighborhood Commercial, and "OS" Open Space Districts to "R -2" Single- family, "NF -12" Multifamily, "MF -18" Multifamily, 110-1" Quiet Office, 110-2" Office & Institutional, and "C -1" Neighborhood Commercial Districts.) 5 140 Minutes July 5, 1995 and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Kumpuris, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Adcock, seconded by Director Joyce, to again suspend the rules and place the Ordinance on third and final reading, and 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. Following the third and last reading of the Ordinance, a roll call vote was taken on the question, Shall the Ordinance Pass, with the following response: Ayes - Directors Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 16,926, entitled: AN ORDINANCE TO AMEND ORDINANCE NUMBER 16,797 ( "THE 1995 BUDGET ORDINANCE ") TO TRANSFER BUILDING MAINTENANCE FUNDS FROM THE PARKS DEPARTMENT TO THE GENERAL SERVICES DEPARTMENT; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Kumpuris, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Adcock, seconded by Director Joyce, to again suspend the rules and place the Ordinance on third and final reading, and 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. Following the third and last reading of the Ordinance, a roll call vote was taken on the question, Shall the Ordinance Pass, with the following response: Ayes - Directors Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,927, described as: AN ORDINANCE APPROPRIATING $245,000 FROM THE CITY'S EXCESS INTEREST EARNINGS ACCOUNT OF THE 1988 CAPITAL IMPROVEMENT BOND FUND TO PROVIDE ADDITIONAL FUNDING FOR THE NEIGHBORHOOD STREETS PROJECTS; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Kumpuris, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Adcock, seconded by Director Joyce, to again suspend the rules and place the Ordinance on third and final reading, and 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. Following the third and last reading of the Ordinance, a roll call vote was taken on the question, Shall the Ordinance Pass, with the following response: Ayes - Directors Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. 2 Minutes July 5, 1995 141 Introduced next was Ordinance No. 16,928, entitled: AN ORDINANCE AMENDING ORDINANCE NO. 16,797 (THE 1995 BUDGET ORDINANCE); REAPPROPRIATING FUNDS FROM THE SPECIAL PROJECTS FUNDS TO THE PERSONNEL DEPARTMENT BUDGET FOR IMPLEMENTATION OF THE EMPLOYEE DEVELOPMENT AND CERTIFICATION PROGRAM; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Kumpuris, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Adcock, seconded by Director Joyce, to again suspend the rules and place the Ordinance on third and final reading, and 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. Following the third and last reading of the Ordinance, a roll call vote was taken on the question, Shall the Ordinance Pass, with the following response: Ayes - Directors Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Ordinance No. 16,929 was the next presentation, with the title being: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH WISCONSIN PARTNERSHIP FOR HOUSING DEVELOPMENT, INC. (WPHD) IN THE AMOUNT OF $76,337 TO DEVELOP AN ACTION PLAN FOR A LAND BANK AUTHORITY, HOUSING PARTNERSHIP AND AFFORDABLE HOUSING REFERENCE MANUAL; REAPPROPRIATING FUNDS; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Kumpuris, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Adcock, seconded by Director Joyce, to again suspend the rules and place the Ordinance on third and final reading, and 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. Following the third and last reading of the Ordinance, a roll call vote was taken on the question Shall the ordinance Pass, with the following response: Ayes - Directors Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Consideration was then given to Zoning Application Z -5987 to rezone 10420 Helm Drive from "R -2" Single - family District to "C -4" Open Display Commercial District. The application was filed by Larry Morrow for Elton R. Morehart and approved by the Planning Commission on May 30, 1995. At the request of Director Adcock, Mr. Tim Polk, Assistant Director of the Department of Neighborhoods and Planning, made a staff presentation. Mr. Polk said staff recommended denial because the request in inconsistent with the Land Use Plan in the Geyer Springs District. Director Adcock said she had talked with Mrs. Kay Nutt, who is strongly opposed to having an automobile repair shop in front of her house. Director Kumpuris asked if a member of the Planning Commission was present to give some insight into why the Planning Commission approved the reclassification. Since no Planning Commission member was present, there was a motion by Director Kumpuris, seconded by Director Keck, to table the proposed 7 142 Minutes July 5, 1995 Ordinance to rezone 10420 Helm Drive for two weeks (July IS, 1995). The motion was unanimously adopted by the following roll call vote: Ayes - Directors Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the proposed Ordinance was not presented. Mayor Dailey asked City Manager Charles Nickerson to provide Board Members with a written report on the status of the recommendations of the Board of Directors to the Planning Commission. A public hearing had been scheduled for this time and place by Resolution No. 9,416, adopted June 20, 1995, on the petition to vacate and close an unplatted and unnamed street right -of -way located in the south half of the SW 1/4, Section 31, T -2 -N, R -13- W (north of Chenal Parkway and west of St. Charles Subdivision) in the City of Little Rock, Arkansas. The petition was filed by Ronald C. Tyne on behalf of Winrock Development Company, Chenal Commercial Partnership, and John W. Shackleford. Attached to the petition was a copy of survey Instrument No. 94 -06676 and a letter from Beach Abstract & Guaranty Company, listing the last apparent owners of record to abutting property. The abandonment was approved by the Planning Commission on May 30, 1995. Notice of hearing was duly published in the Daily Record on June 27, 1995 and July 4, 1995. Mayor Dailey declared the public hearing open. There being no one present who wished to speak on the abandonment, Mayor Dailey declared the public hearing closed, and Ordinance No. 16,930 was introduced, with the title being: AN ORDINANCE VACATING AND CLOSING AN UNNAMED STREET RIGHT - OF -WAY LOCATED IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 2 NORTH, RANGE 13 WEST IN THE CITY OF LITTLE ROCK, ARKANSAS; (A 90 ft. unnamed street right -of -way located in an undeveloped area generally north of Chenal Parkway and west of St. Charles Subdivision in the City of Little Rock, Arkansas.) and there was a full reading of the Ordinance. The rules were suspended to provide for the second reading of the Ordinance, upon a motion made by Director Sharp, which was seconded by Director Mason and unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion and second by Directors Joyce and Wyrick, respectively, to again 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 there was a third and last reading of the Ordinance. A roll call vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, Mayor Dailey announced that the Ordinance had PASSED. The next presentation was Ordinance No. 16,931, entitled: 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. (See Minutes of June 6, 1995 and June 20, 1995, for first and second readings of the Ordinance.) The first speaker was Mrs. Anna Reed of Reed Machine Company, a manufacturer of nut crackers. Mrs. Reed said she wanted to make one last plea to the Board of Directors not to barricade the street. She expressed N Minutes July 5, 1995 143 concern about the adverse impact the barricade would have on her business by large tractor - trailer trucks making pickups and deliveries being required to make detours and sharp turns at the intersection of 12th and Woodrow Streets in order to reach Reed Machine Company at 9th and Thayer. If the railroad crossing is barricaded they would be surrounded by closed .streets. Mr. Clarence Reed, Reed Machine Company, also spoke in opposition to the barricade. Mrs. Annette Hunter, 1001 Woodrow, presented a petition with 88 signatures of residents in the area of 10th and Jones Streets that were strongly opposed to the barricading of the railroad crossing. The Ordinance was then read the third and last time. In response to a question by Director Keck regarding accidents at that location, Public Works Director Chan Russell stated there was not a history of accidents there. There really is not a lot of vehicular traffic because trains are stopped on the track so much. There was a lengthy discussion between Board Members and staff. Mr. Larry Hatley, Union Pacific Railroad Company, said if the crossing is not closed, it is just a matter of time before someone is killed. Trains coming around the curve are travelling at such a speed there is no way to stop suddenly. Mr. James McMullin, an employee of Arrow Coach Company at 2715 West 10th Street, spoke in support of the closing, stating he has seen children throw their bicycles under the stopped trains and then crawl under to get across the railroad tracks. Mrs. Cleo Eason, 9th & Appianway, objected to the closing, saying this is the only through street in that area. A roll call vote was then taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Kumpuris, Hinton, Hodges, Keck, Joyce, Mason, and Mayor Dailey - total 7; Noes - Directors Adcock, Wilson, Wyrick, and Sharp - total 4. Whereupon, the Ordinance was declared PASSED. Mayor Dailey staff look at th north /south street Consideration described as: asked City Manager Charles Nickerson to have e area and the possibility of opening up a to help the neighborhood. was then given to Ordinance No. 16,932, AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH COLLEGE STATION COMMUNITY DEVELOPMENT COOPERATION (CSCDC) FOR THE DEVELOPMENT OF "APPLE BLOSSOM SUBDIVISION." ($117,627 from the AT &T surplus funds.) Mr. Dexter Doyne, a board member of the College Station CDC, explained the proposal. He said the CDC is asking the City of Little Rock to contribute $117,627 to help finance construction of streets and installation of water and sewer facilities for Phase I of Apple Blossom Subdivision, five new single - family homes toward a planned 58 units in the subdivision. The homes will be in the price range of $55,000 to $60,000 and approximately 1500 square feet in size. He then responded to question by the Board. In response to a question by Director Sharp, City Manager Charles Nickerson stated the money would come from the AT &T funds allocated to residential street improvements. Mrs. Wilma Walker, president of the Progressive League in College Station, also spoke in support of the Ordinance, stating College Station plans to annex to the City of Little Rock the part of that community that is in the county so they can be a part of the City and have codes. The Ordinance was then read the first time. The rules were suspended and the Ordinance placed on second reading by a motion made by Director Mason, seconded by Director Adcock, which was unanimously adopted by the Board Members present, being 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 Mason, seconded by Director Adcock, and unanimously adopted by the Board Members present, being two - thirds or more of the members of the Board of Directors - elect, 01