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07-19-94E ti Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas July 19, 1994 - 6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey presiding. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Roy, Lewellen, Mason, Adcock, Hendrix, Scheibner, and Joyce - total 7; Absent - Directors Priest, Sharp and Keck - total 3. 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 Vice Mayor Mason, followed by the Pledge of Allegiance. (Director Keck enrolled at 6:02.) Consideration was then given to the Consent Agenda, which consisted of the following items: (a) Approval of the Minutes of the Board of Directors regular meeting held May 3, 1994, the reconvened meeting held May 11, 1994, the special meeting held May 16, 1994, and the regular meeting held May 17, 1994. (b) Resolution No. 91205 entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO PREPARE THE NECESSARY DOCUMENTS FOR A SOUTHWESTERN BELL TELEPHONE - EASEMENT AND ALLOCATING COMPENSATION OBTAINED FOR THIS EASEMENT INTO AN ACCOUNT THAT CAN BE USED FOR IMPROVEMENTS IN RESERVOIR PARK. (c) Resolution No. 9,206 described as: A RESOLUTION APPOINTING THE FIRMS OF FRIDAY, ELDREDGE & CLARK AND MAYS & CRUTCHER, P.A. AS CO -BOND COUNSEL FOR THE PROPOSED REFUNDING OF THE $33,595,000 1988 CAPITAL IMPROVEMENT BONDS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGAGEMENT LETTER. Upon motion and second by Directors Adcock and Mason, respectively, which was unanimously adopted by the Board of Directors, the Consent Agenda was dispensed with as follows: (a) the Minutes of the Board of Directors regular meeting held May 3, 1994, the reconvened meeting held May 11, 1994, the special meeting held May 16, 1994, and the regular meeting held May 17, 1994, were approved as written and distributed to the members of the Board of Directors; and (b and c) Resolutions No. 9,205 and 9,206 were read in full and unanimously adopted by the Board Members present. Director Roy stated that part of Citizen Communications will consist of individuals from the Heights /Hillcrest area regarding the installation of parking meters in the Heights /Hillcrest area which he had placed on the Agenda in the form of a Resolution. He stated that due to the number of calls from citizens regarding the subject, the proposed Resolution (Item 13) has been removed from the Agenda. Director Roy said that a number of business constituents had contacted him expressing concern for the parking situation in the area. He asked the speakers to state 0 Minutes July 19, 1994 "i their opinion on whether this should it be done through Neighborhood Associations or by public hearings at City Hall, or a combination of both to come up with a reasonable parking policy in the Pulaski Heights and Hillcrest areas. At the time allotted for Citizen Communications, the first speaker was Mr. Buddy Boswell, 5606 "R" Street, who addressed the Board of Directors on the subject of parking meters in the Heights /Hillcrest area. Mr. Boswell owns Sketchbox Gallery on "R" Street and was very concerned about the way the parking meter issue was placed on the Agenda as a Resolution without any input from the merchants and residents of the area. He was very strongly opposed to having parking meters in the area. The next speaker was Mr. Robert "Say" McIntosh, who urged black people to get mad and do something about crime like the people of the Heights /Hillcrest area got mad and are doing something about the parking meters. (Director Priest enrolled at 6:10 o'clock P.M.) Also speaking on the subject of the parking meters was Mrs. Leslie Goodwin, 11 Alpine Court. She and her husband operate Cafe D'Rome at 2701 Kavanaugh in the Heights. She was extremely upset about the way the parking meter issue was handled, saying this could have been voted on without anyone in the area knowing about it. She heard about it "through the grapevine" on Friday and spent a lot of time on the phone notifying others in the neighborhood. She said a study should be done before the parking meter issue is considered. Mrs. Goodwin was opposed to the parking meters because she felt they would discourage shoppers, would be an annoyance to customers, and would put a lot of pressure on existing parking lots which are free. The last one to speak on the parking meter subject was Ms. Charlotte Crawford, 4320 Lee Avenue. She is on the Board of the Hillcrest Residents Association and stated the Board and the Association are opposed to the parking meters. She suggested the Board of Directors get input through Association groups on issues like this. Mayor Dailey explained the Board of Directors process of honoring a Board member's request to place an item on the Agenda. (Director Roy was excused at 6:25 o'clock P.M.) The next speaker under Citizen Communications was Mrs. Ruth Bell, representing the League of Women Voters of Pulaski County, who spoke on the subject of City government. (1) As the end of the first year of the new Board structure approaches, it would be a good idea for the Board of Directors to look at how to restructure or improve the structure of the Board in the area of how to get citizens input in a constant and reliable manner, and to figure out a way that is understandable and consistent as to how things are placed on the Agenda. She suggested a committee structure and felt that public hearings would be the best way to get feedback. (2) The League is also interested in the relationship and duties of the City Board Members and the City Manager and how they mesh. Sometimes it is unclear who is doing what. (3) The League feels that it is very important to have and publicize a conflict of interest policy. Mayor Dailey stated that the Board is having a retreat on August 13 and will be considering some of the things she mentioned. Director Scheibner said that as a new Board member he is still in a quandary as to how far he can go and toward that end, the Board has asked the City Attorney to draw up a list of duties and restrictions for the Mayor, City Directors and City Manager. The next speaker was Mrs. Kathy Wells, who spoke on the subject of National Night Out on August 2, 1994. Ms. Wells distributed 1994 National Night Out Against Crime T- shirts and F •ee Minutes July 19, 1994 ball caps to Board members. The shirts and caps were contributed by Arkansas Power & Light Company. She invited Board Members to attend the Crime Watch picnic in MacArthur Park on July 30 and to participate in the National Night Out activities on August 2, 1994. She had provided a copy of the video of AP &L's public service announcement to the City's government access channel (KCLR Channel 11) and asked that it be shown frequently. Vice Mayor Mason said Mrs. Wells deserves a hand of applause for her election as President of the Neighborhood Coalition. Director Priest commended Mrs. Wells for the leadership role she has taken in the National Night Out. (Director Sharp enrolled at 7:24 o'clock P.M.) Mr. Mike Rose, 1420 Breckenridge Drive, #78, addressed the Board of Directors on the lack of police protection. (1) He was concerned about the shooting incident that happened on Saturday night, July 16, 1994, when a group of youths beat and shot a man outside Ray Winder Field during the Arkansas Travelers baseball game. The shooting occurred on the Jonesboro street bridge over I -630. Mr. Rose said the police should patrol the area more often. (2) Mr. Rose was concerned about the safety of the young men selling fruit at the off -ramp of I -630 and Broadway. Director Keck asked City Manager Charles Nickerson what can be done. Mr. Nickerson said they have a privilege license so there is no legal problem; however, impeding the flow of traffic is illegal and the Police Department will monitor that. Mr. Robert "Say" McIntosh spoke again under Citizen Communications, this time on the subject of black on black crime and jobs for kids. The last speaker under Citizen Communications was Mr. Bennie Johnson, 6200 Asher #109, who addressed the Board of Directors on the subject of violence. Mr. Johnson thanked Mayor Dailey for coming out to his "Stop the Violence" march. He is trying to get more blacks to come out and protest black on black crime. Quit paying preachers so much money; quit being jealous of each other and work together; give black kids jobs. A public hearing had been scheduled for this time and place by a motion adopted on July 5, 1994, on the appeal of the Planning Commission's denial of Zoning Case Z- 5550 -A - Enderlin Mini - Storage Long Form PCD, located on the south side of Cooper Orbit Road west of Kanis Road. The appeal was filed by Mr. Amos Enderlin on June 6, 1994. Mr. Enderlin had filed with the City Clerk an affidavit that notice of the hearing had been sent to all persons who registered as objectors at the Planning Commission hearing. Mayor Dailey declared the public hearing open. Tne rlrsz speaker was Mr. JOnn Burnett, 5 Broaavlew Terrace, who owns 200 acres on either side of the Enderlin property, and is opposed to the PCD. He said it is the wrong development and the wrong size. Mrs. Jane Bristow, 2 Vista Drive, read a letter written by Mr. & Mrs. Elmer Jenkins to Mr. Enderlin, listing several complaints regarding the storage of junk on his property which abuts their property. She also read a letter from Samuel Sawyer of the Department of Pollution Control and Ecology, written to Mr. Enderlin as a result of complaints filed regarding the oil drums on his property. Mrs. Bristow then expressed her opposition the Enderlin Mini - Storage PCD, and asked the Board of Directors to deny the request. Others speaking in opposition to the proposed PCD were Ms. Pat Albert, 14700 Cooper Orbit Road; Mr. Edward Wright on behalf of the Oasis Renewal Center, Mr. & Mrs. Elmer Jenkins, Mr. J. Mark Davis, Mrs. Ruth Bell (League of Women Voters) , and Mr. O. C. "Rusty" Sparks, 16114 Cooper Orbit Road, president of the Spring Valley Manor Property Owners Association. Mr. Amos Enderlin then explained his proposal, and addressed some of the issues raised by those speaking in opposition. Mayor Dailey declared the public hearing closed. In response to a question by Director Priest, Mr. Tim M� Minutes July 19, 1994 Polk, Acting Director of Neighborhoods and Planning, explained that the Land Use Plan for the area calls for single - family residential use. At the request of Mayor Dailey, City Attorney Tom Carpenter explained that no action is required by the Board of Directors unless the Board wishes to reverse the decision of the Planning Commission. No action was taken on the proposed Ordinance entitled: "AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED ENDERLIN MINI - STORAGE LONG -FORM PCD (Z- 5550 -A), LOCATED ON THE SOUTH SIDE OF COOPER ORBIT ROAD, 1/4 MILE WEST OF KANIS ROAD, PULASKI COUNTY, ARKANSAS; AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES." Therefore, the Planning Commission's denial of the Enderlin Mini - Storage PCD stands. Appearing on the Agenda as Item 1 -A was a companion Ordinance entitled, "AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE ELLIS MOUNTAIN DISTRICT, CHANGING AN AREA FROM SINGLE FAMILY TO TRANSITION ZONE, SOUTH OF COOPER ORBIT ROAD AND WEST OF KAKIS; AND FOR OTHER MATTERS." No action was taken on the proposed Ordinance since the Enderlin PCD ordinance (Z- 5550 -A) was not presented. A public hearing had been scheduled for this time and place pursuant to LRCC Section 36- 85(c), and notice thereof duly published in the Arkansas Democrat Gazette on July 2, 1994, on the Board of Directors proposal to rezone property at the northeast corner of North Chicot and I -30 (2- 3150 -H) owned by Payless Cashways, Inc. (NOTE: Payless Cashways developed the property in 1987 with a C -4 zoning classification. Because of a leveraged buyout, a corporate decision was made to close all stores where Payless had only a one -store presence in the market. Subsequent to the closing, the owner was approached by Victory Fellowship Church and on February 1, 1994, the property was rezoned from 11C -4" Open Display District to 11C -3" General Commercial District for that use - see Ordinance No. 16,584. The church /school project was unsuccessful due to financial difficulties. Payless has received an offer from another party that wishes to use the property for a home improvement center and Payless is requesting the Board of Directors to re- establish the original zoning classification of 11C -4" - Open Display Commercial District.) 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. 16,705, 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- 3150 -H - To rezone 7.116 acres more or less at the northeast corner of North Chicot and I -30 (Tract F, Orbit Subdivision) from 11C -3" General Commercial District to "C -4" Open Display District - Payless Cashways, Inc.) and the Ordinance was read the first time. There was a motion by Director Keck, seconded by Director Adcock, 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 - elect, and the Ordinance was read the second time. There was a subsequent motion by Director Adcock, seconded by Director Priest, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and there was a third and last reading of the Ordinance. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Director 4 • i -jib • • • Minutes July 19, 1994 Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp and Lewellen - total 10; Noes - None; Absent - Director Roy - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 16,706, entitled: AN ORDINANCE AMENDING ARTICLE V, CHAPTER 36, OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR THE ESTABLISHMENT OF REGULATION OF TEMPORARY PUBLIC SCHOOL BUILDINGS /USES; ESTABLISHING A SUNSET PROVISION AND DECLARING AN EMERGENCY; and the Ordinance was read the first time. There was a motion by Director Keck, seconded by Director Adcock, 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- elect, and the Ordinance was read the second time. There was a subsequent motion by Director Adcock, seconded by Director Priest, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and there was a third and last reading of the Ordinance. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp and Lewellen - total 10; Noes - None; Absent - Director Roy - total 1. The Emergency Clause contained in Section 2 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp and Lewellen - total 10; Noes - None; Absent - Director Roy - total 1. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. The next presentation was Ordinance No. 16,707, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED DETECTION SYSTEMS, INC. SHORT -FORM POD (Z- 5838), AND LOCATED AT 14,621 KANIS ROAD, IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (2-5838 - Detection Systems, Inc. Short -Form POD, located at 14,621 Kanis Road.) and the Ordinance was read the first time. There was a motion by Director Keck, seconded by Director Adcock, 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 - elect, and the Ordinance was read the second time. There was a subsequent motion by Director Adcock, seconded by Director Priest, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and there was a third and last reading of the Ordinance. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp and Lewellen - total 10; Noes - None; Absent - Director Roy - total 1. Whereupon, the Ordinance was declared PASSED. 5 f' Minutes July 19, 1994 Consideration was then given to Ordinance No. 16,708, with the title being: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF THE MINIMUM LOT DEPTH REQUIREMENT FOR WINDSOR HILLS, PHASE II (S- 150 -E) , LOCATED ON THE WEST SIDE AND AT THE SOUTH END OF WINDSOR COURT, LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. There was a motion by Director Keck, seconded by Director Adcock, 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 - elect, and the Ordinance was read the second time. There was a subsequent motion by Director Adcock, seconded by Director Priest, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and there was a third and last reading of the Ordinance. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp and Lewellen - total 10; Noes - None; Absent - Director Roy - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,709, entitled: AN ORDINANCE APPROVING THE TRANSFER OF $50,000 OF THE $100,000 APPROPRIATED TO THE CAPITOL AVENUE ENHANCEMENT TASK FORCE FOR CAPITOL AVENUE STREETSCAPE PROJECT; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Keck, seconded by Director Adcock, 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 - elect, and the Ordinance was read the second time. There was a subsequent motion by Director Adcock, seconded by Director Priest, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and there was a third and last reading of the Ordinance. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp and Lewellen - total 10; Noes - None; Absent - Director Roy - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,710, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED FAIRVIEW KENNELS SHORT -FORM POD (Z- 5836), AND LOCATED AT 11,523 FAIRVIEW ROAD, IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Z -5836 - Fairview Kennels Short -Form POD located at 11523 Fairview Road.) and the Ordinance was read the first time. There was a motion and second by Directors Priest and Lewellen, respectively, to suspend the rules and place the Ordinance on second reading, and R • 1 • 6 9 0 Minutes July 19, 1994 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 - elect. There was a second reading of the Ordinance, followed by a motion and second to suspend the rules and place the Ordinance on third and final reading. The motion was made by Director Lewellen, seconded by Director Priest, 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 - elect. Subsequent to the third and last reading of the Ordinance, a roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp and Lewellen - total 10; Noes - None; Absent - Director Roy - total 1. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 16,711, entitled: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE I -430 DISTRICT; CHANGING AN AREA FROM COMMERCIAL AND OFFICE TO MIXED OFFICE AND COMMERCIAL, AT THE NORTHWEST CORNER OF AUTUMN ROAD AND FINANCIAL CENTER PARKWAY; AND FOR OTHER MATTERS. (Re: Chenal Village PCD) and the Ordinance was read the first time. (See discussion below related to Ordinance No. 16,712.) A motion was made by Director Lewellen to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Priest 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 - elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Scheibner, 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 ten 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. A roll call vote was taken on passage of the Ordinance, which resulted as follows: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp and Lewellen - total 10; Noes - None; Absent - Director Roy - total 1. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 16,712, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED CHENAL VILLAGE LONG -FORM PCD (Z- 5839), AND LOCATED AT THE NORTHEAST CORNER OF FINANCIAL CENTER PARKWAY AND AUTUMN ROAD, IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; Mr. Doyle Daniel, President of Birchwood Neighborhood Association, spoke in opposition to the PCD. He said the Association had asked for four things in talking with Mr. Pittman, the developer's representative: (1) The hours of operation be terminated at 9:00 P.M. with the hours being extended until 10:00 P.M. between Thanksgiving and Christmas; they want to stay open until 11:00 P.M. and until 12:00 P.M. on weekends; (2) no eating establishments; (3) no live animal shops; and (4) lights (that issue was taken care of). The Planning Commission said no to three of the requests. Mr. Daniel said Autumn Road would have to be widened and he would like to see it elevated. He concluded by saying he was both for and against the proposal. Mr. Robert Brown, Development Consultants, Inc., distributed a letter to Board Members explaining the project and the transitions that have occurred during the process. Attached to his letter was a list of commitments to neighborhood and staff iAF Minutes July 19, 1994 691 issues. In response to Director Scheibner's question regarding the traffic light, Mr. Ted Pittman said that neighbors (Pickering and One Source) have offered to participate. Mr. Floyd Boyd, 520 Springwood Dr., said he was not against the building, his concern was that this may set a precedent for late hours, restaurants, etc. for other businesses if they decide to sell. Rev. Joe Jackson, Pastor of First Assembly of God Church, and Mr. David Elms, a church member, spoke in support of the proposal, stating this is an opportunity for the church to sell the property and move a little further west. The Ordinance was then read the first time. A motion was made by Director Lewellen to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Priest 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 - elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Scheibner, 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 ten 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. A roll call vote was taken on passage of the Ordinance, which resulted as follows: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp and Lewellen - total 10; Noes - None; Absent - Director Roy - total 1. Therefore, the Ordinance was declared PASSED. Ordinance No. 16,713 was the next presentation, with the title being: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF BOUNDARY STREET IMPROVEMENT REQUIREMENTS FOR CHENAL VILLAGE LONG - FORM PCD (Z- 5839), LOCATED AT THE NORTHEAST CORNER OF FINANCIAL CENTER PARKWAY AND AUTUMN ROAD, LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. (See discussion above related to Ordinance No. 16,712.) A motion was made by Director Lewellen to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Priest 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 - elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Scheibner, 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 ten 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. A roll call vote was taken on passage of the Ordinance, which resulted as follows: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp and Lewellen - total 10; Noes - None; Absent - Director Roy - total 1. Therefore, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 9,193, adopted July 5, 1994, on the petition to vacate a portion of Garfield Street (approximately 200 feet north of its intersection with Bittersweet Drive), adjacent to Lots 4 and 5, South University Business Park, being a replat of Lots 109 -118 and 129 -132 of Broadmoor North Addition. Notice of hearing was published on July 12, 1994, and July 19, 1994. The petition was filed by Marian Major McMullan on behalf of University Properties, Inc. and United Properties, a general partnership. Attached to the petition was a certified copy of the plat of South University Business Park on file in the Pulaski County Circuit Clerk's Office and a letter from Lenders Title Company listing the last apparent owners of record of abutting property. Mayor Dailey declared the public hearing open. No one 8 692 Minutes July 19, 1994 was present to speak in opposition to the closure, and Mayor Dailey declared the public hearing closed. Ordinance No. 16,714 was then presented, described as: AN ORDINANCE VACATING AND ABANDONING A PORTION OF GARFIELD STREET IN SOUTH UNIVERSITY BUSINESS PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; (Closing a portion of Garfield Street, adjacent to Lots 4 and 5 of South University Business Park Addition, being a replat of Lots 109 -118 and 129 -132 of Broadmoor North Addition.) and there was a first reading of the Ordinance. The rules were suspended and the Ordinance placed on second reading by a motion and second made by Directors Adcock and Scheibner, respectively, 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 - elect. The Ordinance was read the second time, followed by a motion and second to again suspend the rules and place the Ordinance on third and final reading. The motion was made by Director Adcock, seconded by Director Scheibner, 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 - elect, and there was a third and final reading of the Ordinance. A roll call vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp and Lewellen - total 10; Noes - None; Absent - Director Roy - total 1. Therefore, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place on the petition to vacate a public utility easement in Blocks 18 and 19 of Neimeyer Grove Addition to the City of Little Rock, Arkansas. The petition was filed by Mr. Richard Rogers on behalf of Winrock Development Company and Carl E. and Virginia Warren. Due to a letter of opposition written by Mr. & Mrs. Lonnie Bennett, 915 Loyola Drive, Mayor Dailey announced that the public hearing would be rescheduled for August 2, 1994. Therefore, the public hearing was not held, and the proposed Ordinance entitled, "AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN BLOCKS 18 AND 19 OF NEIMEYER GROVE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS" was deferred until August 2, 1994. A proposed Resolution (Item 13) entitled "A RESOLUTION AUTHORIZING THE INSTALLATION OF 250 PARKING METERS IN THE PULASKI HEIGHTS AND HILLCREST AREAS OF THE CITY OF LITTLE ROCK AT A COST OF $62,500" was removed from the Agenda, and no action was taken. (See Citizen Communications.) The last matter to be considered was a proposed Ordinance entitled: AN ORDINANCE ESTABLISHING THE OFFENSE OF ATTEMPTING TO PURCHASE ALCOHOLIC BEVERAGES BY A MINOR; and the Ordinance was read the first time. There was no motion to suspend the rules and place the Ordinance on second reading; therefore, the Ordinance was left on the calendar for second reading on August 2, 1994. 7 ,,ate al J Minutes July 19, 1994 There being no further business of Directors adjourned at 8:40 o'cl regular session on Tuesday, August 2, ATTEST: Q`,®,1AA;.- 44.4 cW CA., CITY CLERK ROBBIE HANCOCK to be presented, the Board .ock P.M. to meet again in 1994, at 6:00 P.M. APPROVED: OR JIM DAILEY 10 693 i