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02-15-94Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas February 15, 1994 - 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 Priest, Roy, Sharp, Lewellen, Mason, Adcock, Hendrix, Scheibner, Keck and Joyce - total 10; Absent - None. 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 Mayor Dailey, followed by the Pledge of Allegiance. The first presentation was the Consent Agenda, which consisted of the following items: (a) Approval of the Minutes of the Board of Directors regular meetings held November 16, 1993, and December 7, 1993, and the special meeting held December 15, 1993. (b) Resolution No. 9,098, entitled: A RESOLUTION AUTHORIZING THE INSTALLATION OF VARIOUS SIZES OF WATER MAIN EXTENSIONS TO EXPAND, UPGRADE, AND REINFORCE WATER SERVICE WITHIN WATER IMPROVEMENT DISTRICT NO. 99, LOCATED OUTSIDE THE CITY LIMITS OF LITTLE ROCK, ARKANSAS. (c) Resolution No. 91099, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE PORTIONS OF CEDAR HILL ROAD AND ALLIED DRIVE IN RIVERDALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (March 1, 1994.) (d) Resolution No. 9,100, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE A PUBLIC UTILITY EASEMENT IN RIVERDALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (March 1, 1994.) (e) Resolution No. 9,101, with the following caption: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF POLICE PATROL SEDANS AND UNMARKED SEDANS FOR THE DEPARTMENT OF FLEET SERVICES. (Bale Chevrolet Co. - not to exceed $13,602.30 each for patrol sedans and $13,784.66 for unmarked sedans.) (f) Resolution No. 9,102, entitled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WATER LINE EASEMENT FOR THE MUNICIPAL WATER WORKS ACROSS CITY LANDS USED FOR THE NEW SOLID WASTE FACILITIES. (Located on Ironton Cutoff Road.) (g) Resolution No. 9,103, described as: A RESOLUTION TO AUTHORIZE AN ADDENDUM TO THE ACCEPTANCE AGREEMENT WITH SEDGWICK JAMES OF THE CAROLINAS FOR THE PURPOSE OF ASSISTING IN THE OPENING AND OPERATION OF THE PULASKI COUNTY REGIONAL JAIL; AUTHORIZING THE MAYOR TO EXECUTE THE ADDENDUM; AND FOR OTHER PURPOSES. 1 539 540 Minutes February 15, 1994 (h) Resolution No. 9,104, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PROPOSAL TO ABANDON A PORTION OF RIGHT -OF -WAY OF ARCHWOOD DRIVE IN BOYLE PARK IN THE CITY OF LITTLE ROCK, ARKANSAS. (March 1, 1994.) Upon a motion made by Director Priest and seconded by Director Mason, which was unanimously adopted, the Consent Agenda was dispensed with as follows: (a) The Minutes of the Board of Directors regular meetings held November 16, 1993 and December 7, 1993, and the special meeting held December 15, 1993, were approved as written and distributed to the Board of Directors; and (b, c, d, e, f, g, and h) Resolutions No. 9,098, 9,099, 9,100, 9,102, 9,103, and 9,104 were read in full and adopted unanimously by the Board Members present. At the time allotted for Citizen Communications, there were four speakers who addressed the Board of Directors regarding an abandoned apartment complex at 9500 Chicot Road. The apartment complex has been abandoned for some time and 3 weeks ago one complex burned. Mr. Larry Henderson, 9501 Carling, asked that the apartments be demolished because they create an unsafe situation for the many children in the area. Mrs. Marion Elliott, 7312 Knollwood Drive, read a letter written by Victor and Pam Werner (7720 Burnelle Drive), requesting that a sufficient amount of money be appropriated from the demolition fund to demolish the apartment complex and suggested that one of the buildings be used to house an Alert Center. Mrs. Phyllis Henderson, 36 Hatfield, also requested that money be allotted to the demolish the apartments. Mr. Howard Geegan, 7924 Burnelle Drive, asked if the apartment complex could be demolished and an Alert Center be put there. Director Adcock stated that she and Mr. Jim Hathcock (Department of Neighborhoods and Planning) met with area residents on Sunday regarding the abandoned apartment complex at 9500 Chicot Road, and staff should have an update for the Board of Directors. In response to a question by Director Adcock, Mr. Jim Lawson, Director of Neighborhoods and Planning, stated there is no money in the demolition fund. There was not enough money to demolish all of the buildings listed in the last condemnation ordinance. Once more funds are available, the structures to be demolished will have to be prioritized. City Manager Charles Nickerson stated that staff will make a report at the next meeting on the history of this case. Mayor Dailey asked that the speakers be notified when this item will be on the Agenda for discussion. Director Priest acknowledged the presence of Boy Scout Troop 59 of First Christian Church with Assistant Scout Masters Rick Barger and Charles Wooley. Director Keck presented a Commendation of Excellence award to Pat Higgenbotham and Shirley Davis, representing Woodruff Elementary School, for its extended record of non - violence which includes 418 days without an altercation. Mayor Dailey had Certificates of Appreciation for members of various Boards and Commissions (Dorothy Davis, Howard Hawes, Kenyon Lowe, Sylvia Quick, James vonTungeln, and Jonathan Runnells), but none of the recipients were present. Consideration was then given to Zoning Application Z -5777, filed by Stephen Nikel, for Auto Zone, Inc. and Katherine Porfiris, to rezone 0.93 acre at Asher Avenue and John Barrow Road from "R -4" Two- family District to "C -3" General Commercial District. The reclassification was approved by the Planning Commission on January 11, 1994. No opposition was presented and Ordinance No. 16,593 was introduced, entitled: 2 Minutes February 15, 1994 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; (2-5777 - To rezone property at Asher Avenue and John Barrow Road, described as Lots 3, 4, 5 and 20 of Block 2, Euclid Place Addition, from "R -4" Two- family District to "C -3" General Commercial District.) and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading by a motion from Director Priest, 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. Following the second reading of the Ordinance, there was a subsequent motion made and seconded by Directors Mason and Keck, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was adopted unanimously 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 passage of the Ordinance and recorded as follows: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,594, with the following caption: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A FIVE (5) YEAR DEFERRAL OF STREET IMPROVEMENT REQUIREMENTS TO VIMY RIDGE ROAD FOR THE CHURCH OF JESUS CHRIST LOCATED AT 11800 VIMY RIDGE ROAD; (Z- 4041 -B - Street improvements deferred: curb, gutter, sidewalk and half of collector street improvements along the west side of Vimy Ridge Road for a distance of 210 feet adjacent to the Church of Jesus Christ at 11800 Vimy Ridge Road.) and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading by a motion from Director Priest, 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. Following the second reading of the Ordinance, there was a subsequent motion made and seconded by Directors Mason and Keck, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was adopted unanimously 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 passage of the Ordinance and recorded as follows: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. A public hearing had been scheduled for this date by Resolution No. 9,088, adopted February 1, 1994, on the petition filed by Michael Tierney, to vacate and close a portion of Birchwood Drive lying south of Lot 2A, Erwin Addition, and north of Lot 1, Montclair Heights Subdivision of the City of Little Rock, Arkansas. Notice of hearing was published on February 8, 1994, and February 15, 1994. Attached to the petition were certified copies of the plats of Erwin Addition and Montclair Heights Subdivision and a letter from Beach Abstract & Guaranty Company listing the last apparent owners of record to the 541 4 � 542 Minutes February 15, 1994 abutting property. The abandonment was approved by the Planning Commission on January 11, 1994. Mayor Dailey declared the public hearing open. There was no one present who wished to speak in opposition to the closing. Therefore, Mayor Dailey declared the public hearing closed and Ordinance No. 16,595 was presented, with the title being: AN ORDINANCE VACATING AND CLOSING THAT PORTION OF BIRCHWOOD DRIVE LYING SOUTH OF LOT 2A, ERWIN ADDITION, AND NORTH OF LOT 1, MONTCLAIR HEIGHTS SUBDIVISION OF THE CITY OF LITTLE ROCK ARKANSAS; and the Ordinance was read the first time. There was a motion by Director Lewellen to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Adcock 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 second time. There was a subsequent motion made by Director Sharp, seconded by Director Scheibner, to again suspend the rules and place the Ordinance on third reading. The motion was adopted unanimously 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 final reading of the Ordinance. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason - 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. 9,089, adopted February 1, 1994, and notice thereof duly published on February 8, 1994, and February 15, 1994, on the petition filed by Mr. Bill Buddenberg to vacate and close the alley in Block it of Ruebel & Leymer Addition. Attached to the petition was a certified copy of the plat of Ruebel and Leymer Addition on file in the Pulaski County Circuit Clerk's Office and a letter from Pulaski Lenders Title Company listing the last apparent owners of record of abutting property. The closure was approved by the Planning Commission on January 4, 1994. Mayor Dailey declared the public hearing open. No opposition was presented, and Mayor Dailey declared the public hearing closed. Consideration was then given to Ordinance No. 16,596, described as: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 11 OF RUEBEL & LEYMER ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. There was a motion by Director Lewellen to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Adcock 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 second time. There was a subsequent motion made by Director Sharp, seconded by Director Scheibner, to again suspend the rules and place the Ordinance on third reading. The motion was adopted unanimously 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 final reading of the Ordinance. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason - 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. 9,090, adopted February 1, 1994, and notice thereof duly published on February 8, 1994, and February 15, 1994, on the petition filed by Mr. Virgil Doyne to vacate and 4 Minutes February 15, 1994 543 close a portion of the alley in Block 1 of Harrington's Suburban Village, and to abandon those utility easements located within that portion of alley right -of -way. Attached to the petition was a certified copy of the plat of Harrington's Suburban Village on file in the Pulaski County Circuit Clerk's Office and a letter from Beach Abstract & Guaranty Company listing the last apparent owners of record of abutting property. The closure was approved by the Planning Commission on January 4, 1994. Mayor Dailey declared the public hearing open. No opposition was presented, and Mayor Dailey declared the public hearing closed. Consideration was then given to Ordinance No. 16,597, with the following caption: AN ORDINANCE VACATING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 1 OF HARRINGTON'S SUBURBAN VILLAGE, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, AND TO ABANDON THOSE UTILITY EASEMENTS LOCATED WITHIN THAT PORTION OF ALLEY RIGHT -OF -WAY; (Abutting the east 20 feet of Lot 7 and all of Lots 8, 9, 12, 13, 14 and 15, Block 1, Harrington's Suburban Village.) and the Ordinance was read the first time. There was a motion by Director Lewellen to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Adcock 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 second time. There was a subsequent motion made by Director Sharp, seconded by Director Scheibner, to again suspend the rules and place the Ordinance on third reading. The motion was adopted unanimously 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 final reading of the Ordinance. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. The next presentation was Resolution No. 9,105, described as: A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF LITTLE ROCK TO USE FEDERAL -AID FUNDS FOR THE REMOVAL OF BILLBOARDS ON THE SCENIC CORRIDORS; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO DEVELOP A PROGRAM AND TO INITIATE NEGOTIATIONS AND CONDEMNATION PROCEEDINGS, IF NECESSARY; and there was a full reading of the resolution. There was a motion by Director Priest, seconded by Director Mason, to adopt the Resolution, and the Resolution was adopted by unanimous voice vote of the Board Members present. A public hearing had been set for this time and place by Resolution No. 9,082, adopted January 18, 1994, on the issuance of Library Construction and Improvement Bonds by the City of Little Rock, Arkansas. Notice of hearing was published on January 28, 1994. Mayor Dailey declared the public hearing open. Ms. Susan Fleming, representing Stephens, Inc., one of the bond underwriters, made a brief presentation. Mayor Dailey declared the public hearing closed, and Ordinance No. 16,598 was presented, entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF LIBRARY CONSTRUCTION AND IMPROVEMENT BONDS BY THE CITY OF LITTLE ROCK, ARKANSAS; PLEDGING TAX REVENUES SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS; AUTHORIZING THE ACCOMPLISHMENT OF THE IMPROVEMENTS; APPROVING AN OFFICIAL STATEMENT; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; 544 Minutes February 15, 1994 and the Ordinance was read the first time. There was a motion by Director Mason, seconded by Director Sharp, 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 made by Directors Priest and Mason, respectively, 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 passage of the Ordinance, with the results recorded as follows: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason - total 11; Noes - None; Absent - None. The Emergency Clause contained in Section 22 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason - total 11; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. Consideration was then given to Ordinance No. 16,599, described as: AN ORDINANCE TO APPROPRIATE MONIES FOR THE CENTRAL ARKANSAS TRANSIT AUTHORITY; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; Ms. Dee Sharp, representing Mainstream Living, spoke in support of the Ordinance, stating that people with disabilities will have access to public transportation after the proposed improvements. Mr. Keith Jones, Executive Director of Central Arkansas Transit Authority (CATA) , gave an update and responded to questions by Board members. He said it looks like all the local governments (North Little Rock, Cammack Village, Maumelle, Sherwood and Pulaski County) will participate in funding for the purchase of 15 new natural gas busses which would be fully equipped for people with disabilities (wheel chair lifts, public address systems, larger signs, etc) . The Ordinance was then read the first time. There was a motion and second by Directors Mason and Adcock, respectively, to suspend the rules and place the Ordinance on second reading. The motion was adopted unanimously 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 second reading of the Ordinance. A subsequent motion was made by Director Adcock and seconded by Director Lewellen, 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 results recorded as follows: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason - total 11; Noes - None; Absent - None. The Emergency Clause contained in Section 4 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason - total 11; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. At 7:05 o'clock P.M. Mayor Dailey declared a five minute recess. When the Board of Directors reconvened at 7:15 o'clock P.M. Mayor Dailey presided and the following Directors were 6 Minutes February 15, 1994 545 present: Directors Priest, Roy, Sharp, Lewellen, Mason, Adcock, Hendrix, Scheibner, Keck and Joyce - total 10; Absent - None. Mayor Dailey recognized Boy Scout Troop No. 336 of Trinity United Methodist Church and Assistant Scoutmaster Roger Zachritz. Introduced next was Ordinance No. 16,600, entitled: AN ORDINANCE AMENDING CHAPTER 17, ARTICLE II OF THE LITTLE ROCK CITY CODE, 1988, PERTAINING TO LICENSE AND PRIVILEGE TAXES; _._ TO REGULATE THE OPERATION OF FOOD SERVICE ESTABLISHMENTS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Scheibner, 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. In response to a question by Director Adcock, City Attorney Tom Carpenter explained the provisions of the Ordinance, stating that churches are exempt under state statute and would be exempt under this Ordinance also. Following a brief discussion, the Ordinance was then read the second time. There was a subsequent motion by Director Mason, seconded by Director Adcock, 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 Ordinance was read the third and last time, followed by a roll call vote on passage of the Ordinance, with the response recorded as follows: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason - total 11; Noes - None; Absent - None. The Emergency Clause contained in Section 3 of the foregoing - Ordinance was then read and adopted by the following roll call vote: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason - total 11; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. Consideration was then given to Ordinance No. 16,601, described as: AN ORDINANCE TO CREATE THE THIRD DIVISION OF THE LITTLE ROCK MUNICIPAL COURT AS AUTHORIZED BY ACT 39 OF 1992; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Environmental Court.) with the Ordinance being read the first time. The rules were suspended and the Ordinance placed on second reading, upon motion and second by Directors Mason and Adcock, respectively, which was adopted unanimously 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 second time, followed by a motion by Director Adcock, seconded by Director Mason, to again suspend the rules and place the Ordinance on third reading. The motion was adopted unanimously by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect. City Attorney Tom Carpenter responded to questions by the Board, stating that $200,000 from the one -half cent sales tax would be used to fund the new court. Governor Jim Guy Tucker will make the initial appointment (see Resolution No. 9,106 below) of the Judge who will serve nine months. The position will be on the ballot for the November, 1994 General Election. The person appointed by the Governor can be a candidate, because the statute prohibiting appointed officials from succeeding themselves does not apply to municipal officials. The Third Division Judge will primarily handle housing code violations, but will be able to take in the overload from the criminal court and the traffic court. The 7 546 Minutes February 15, 1994 statute does not prohibit the judge from having a private practice. Traffic Judge Bill Watt said the way the third court is being created will allow the new judge to set up the operation and work with neighborhood groups which will require a lot of time. The Ordinance was then 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 - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason - total 11; Noes - None; Absent - None. The Emergency Clause contained in Section 6 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason - total 11; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. The next presentation was Resolution No. 9,106, entitled: A RESOLUTION REQUESTING THE GOVERNOR TO MAKE AN IMMEDIATE APPOINTMENT TO FILL THE VACANCY IN THE THIRD DIVISION OF THE LITTLE ROCK MUNICIPAL COURT; FOR RECOMMENDING AN APPOINTEE; AND FOR OTHER PURPOSES; (Recommending David Alan Stewart, Chief Deputy City Attorney, be appointed.) and the Resolution was read in full. Director Sheibner moved for the adoption of the Resolution. The motion was seconded by Director Priest and adopted by the following vote: Ayes - Mayor Dailey, Directors Adcock, Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason - total 10; Noes - None; Abstentions - Director Hendrix - total 1; Absent - None. Whereupon, the Resolution was adopted. The last matter to be considered was Ordinance No. 16,602, described as: AN ORDINANCE TO AMEND LITTLE ROCK, ARK., ORDINANCE NO. 16,564 (JANUARY 4, 1994), TO CLARIFY THAT ANY SUBSEQUENT CURFEW VIOLATION MAY RESULT IN SANCTIONS FOR PARENTS; TO ADD THE TRAFFIC ORDINANCE VIOLATION TO PROHIBIT THE OPERATION OF A MOTOR VEHICLE DURING CURFEW HOURS BY A MINOR; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. Traffic Judge Bill Watt briefed the Board of Directors on the effectiveness of impounding vehicles, stating that although the Ordinance does give limited authority to impound, the Court does everything possible to avoid impounding a vehicle. There was a motion by Director Keck to suspend the rules and place the Ordinance on second reading, which was seconded by Director Scheibner, 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 made and seconded by Directors Adcock and Scheibner, 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 Ordinance was read the third and last time. A roll call vote was taken on passage of the Ordinance, with the following response: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason - total 11; Noes - None; Absent - None. The Emergency Clause contained in Section 6 of the foregoing Ordinance was then read and adopted by the following roll call 8 Minutes February 15, 1994 vote: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason - total 11; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. Director Scheibner asked Police Chief Lou Caudell to report on the condition of the police officer that was injured in the line of duty. Chief Caudell reported that Officer Darrel Miller responded to a call at 14th and Fillmore, attempted to handcuff the suspect, and during the altercation the suspect bit off the end of Officer Miller's finger and gained control of his pistol. He fired two or three shots and hit the police dog. The suspect had not been apprehended at the time Chief Caudell came to the Board Meeting. Police Chief Lou Caudell made a brief report, stating that the placement of 20 additional officers on the streets continued at a cost of about $23,000 in overtime. Twenty -three truants were taken into custody and returned to school, and there were six curfew violators. Mr. John Magee, who arrived too late to speak at the time allotted to Citizen Communications, addressed the Board of Directors regarding the residency requirement. He said he was a qualified candidate for a police officer, and considers himself a resident of Little Rock even though he lives just outside the city limits. He started the process in November, 1993 and even though he is at the top of the list of qualified candidates, the residency requirement is preventing him from being a good cop for the City of Little Rock. There being no further business to be presented, the Board of Directors adjourned at 8:15 o'clock P.M. to meet again in regular session on Tuesday, March 1, 1994, at 6:00 o'clock P.M. ATTEST: 4as4,u CIL. CITY CLERK ROBBIE HANCOCK W APPROV JIM DAILEY 547