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02-10-98118 Due to City Hall elevator renovation which prohibits ADA access to second floor Board' Room, the Board of Directors meetings will be held in the Robinson Center across the street from City Hall. Robinson Center - Room 102 W. Markham & Broadway Little Rock, Arkansas February 10, 1998 - 4:15 P.M. The Board of Directors of the City of Little Rock, Arkansas, reconvened from the February 3, 1998 regular meeting with Vice Mayor Michael Keck presiding. City Clerk Robbie Hancock called the roll with the following Directors in attendance: Directors Wilson, Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, and Adcock - total 9; Absent - Mayor Dailey - total 1. With a quorum being present, Vice Mayor Keck declared the Board of Directors in session and stated the purpose of the reconvened meeting was to consider amending a franchise to Capitol Avenue Development Company for a skywalk at Sixth and Spring Streets. City Attorney Tom Carpenter explained that the original franchise to Capitol Avenue Development Company did not provide for the assignment or transfer of the franchise right. Capitol Avenue Development Company is in the process of refinancing its real property and improvements which are benefited by the franchise; therefore, it is necessary to clarify the rights granted under the franchise. Three franchises are involved for a skywalk, parking deck, and air rights in Block 93, Original City of Little Rock - Sixth and Spring Streets. (See Ordinances No. 17,670, 17,671, and 17,672 below.) Consideration was then given to Ordinance No. 17,670, entitled: AN ORDINANCE AMENDING AND RESTATING A FRANCHISE TO CAPITOL AVENUE DEVELOPMENT COMPANY, A LIMITED PARTNERSHIP, AND ITS SUCCESSORS AND ASSIGNS, FOR AIR RIGHTS ABOVE THE NORTH /SOUTH ALLEY IN THE NORTH ONE -HALF OF BLOCK 93, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS, FOR THE PURPOSE OF CONSTRUCTING, ERECTING, MAINTAINING, OPERATING, ALTERING AND REPAIRING A PARKING DECK; and the Ordinance was read the first time. Director Adcock moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Joyce and unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors. Following the second reading of the Ordinance, Director Adcock again moved for the suspension of the rules to provide for the third and final reading of the Ordinance. Director Joyce seconded the motion, which was unanimously adopted by the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors, 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 vote recorded as follows: Ayes - Directors Wilson, Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Vice Mayor Keck - total 10; Noes - None; Absent - Mayor Dailey - total 1. Whereupon, the Ordinance was declared PASSED. Minutes February 10, 1998 The next presentation was Ordinance No. 17,671, with the title being: AN ORDINANCE AMENDING AND RESTATING A FRANCHISE TO CAPITOL AVENUE DEVELOPMENT COMPANY, A LIMITED PARTNERSHIP, AND ITS SUCCESSORS AND ASSIGNS, IN AND TO CERTAIN REAL PROPERTY WITHIN THE NORTH /SOUTH ALLEY IN BLOCK 93, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS, AND IN PART OF THE RIGHT -OF -WAY OF SOUTH CENTER STREET LYING ADJACENT TO LOTS 10, 11 AND 12, BLOCK 93, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS ALL FOR THE PURPOSE OF CONSTRUCTING, ERECTING, MAINTAINING, OPERATING, ALTERING AND REPAIRING A PARKING DECK; and the Ordinance was read the first time. There was a motion by Director Adcock to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Joyce and unanimously adopted by the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. Following the second reading of the Ordinance, Director Adcock again moved for the suspension of the rules to provide for the third and final reading of the Ordinance. The motion was seconded by Director Joyce and unanimously adopted by the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors, and the third and last reading of the Ordinance ensued. A roll call vote was taken on the passage of the Ordinance as follows: Ayes - Directors Wilson, Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Vice Mayor Keck - total 10; Noes - None; Absent - Mayor Dailey - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,672, described as: AN ORDINANCE AMENDING AND RESTATING A FRANCHISE TO CAPITOL AVENUE DEVELOPMENT COMPANY, A LIMITED PARTNERSHIP, AND ITS SUCCESSORS AND ASSIGNS, TO USE AIR SPACE ABOVE PART OF THE RIGHT -OF -WAY AT THE INTERSECTION OF WEST SIXTH AND SPRING STREETS, CITY OF LITTLE ROCK, ARKANSAS, FOR THE PURPOSE OF CONSTRUCTION, ERECTION, MAINTENANCE, OPERATION AND REPAIR OF AN ENCLOSED SKYWALK; and the Ordinance was read the first time. There was a motion and second by Directors Adcock and Joyce, respectively, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors, and the second reading of the Ordinance ensued. Director Adcock again moved for the suspension of the rules to provide for the third and final reading of the Ordinance. The motion was seconded by Director Joyce and was unanimously adopted by the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. Following the third and last reading of the Ordinance, a roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Wilson, Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Vice Mayor Keck - total 10; Noes - None; Absent - Mayor Dailey - total 1. Whereupon, the Ordinance was declared PASSED. Also on the Agenda was a report regarding additional appraisal services for the Clinton Presidential Library, which was withdrawn by City Manager Cy Carney before the meeting. (See Resolution No. 10,199 adopted on February 3, 1998.) There being no further business to be presented, the reconvened meeting was adjourned at 4:20 o'clock P.M. with the Board of Directors to meet again in regular session on Tuesday, February 17, 1998 at 6:00 o'clock P.M. ATTEST: City Clerk Robbie Hancock 2 APPROVED: Vice Mayor Michael" Keck 119