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HomeMy WebLinkAbout04-16-96M1 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas April 16, 1996 - 6:00 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 Mason, Adcock, Hodges, Keck, Joyce and Wyrick - total 6; Absent - Directors Sharp, Kumpuris, Wilson and Hinton - total 4. 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. (Directors Sharp, Kumpuris, and Wilson enrolled at 6:07 o'clock P.M.) Mayor Dailey announced that the briefing on the Olympic Torch Relay was deferred until April 30, 1996. Vice Mayor Adcock and Lorie McClain gave a report on the Task Force for Quality Environment and Litter Control and presented a list of recommendations to the Board of Directors. Approximately 25 to 50 volunteers will be appointed by the Mayor as Litter Bug Watchers and a Litter Watchers Hot Line has been established in the Police Department to receive calls from watchers and other citizens who witness someone littering. Director Joyce presented a video of the public service announcement regarding the upcoming NUSA (Neighborhoods USA) Conference to be held in Little Rock May 22 -25, 1996. There was a motion by Director Adcock to add to the Agenda Item No. 2 on the Addendum, which was a Resolution allocating funds for the Youth Employability Plan. The motion was seconded by Director Sharp and unanimously adopted. Whereupon, Resolution No. 9,663 was introduced, with the title being: A RESOLUTION ENDORSING AND ALLOCATING FUNDING FOR THE YOUTH EMPLOYABILITY PLAN; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NEW FUTURES; (Allocating $42,400 and designating the JTPA Department as the fiscal agent for dispensing of funds.) and the Resolution was read in full. There was a motion by Director Keck to adopt the Resolution. The motion was seconded by Director Adcock and the Resolution was unanimously adopted by the Board Members present. Mayor Dailey announced the withdrawal of Item 7 which was a Resolution authorizing the City Manager to accept bids and award a contract for the purchase of fire hose for the Little Rock Fire Department. There was a motion by Director Adcock to defer until May 7, 1996 Items 16 and 22 as requested by the applicants. The motion was seconded by Director Keck and unanimously adopted. Therefore, the following items were deferred until May 7, 1996: Item 16 - An Ordinance amending Chapter 31 of the Code of Ordinances providing for a waiver of boundary street improvement requirements on Polk Street for F & F Associates, LLC. (Lots 11 & 12, Block 10, Pfeifers Addition, located at 5411 West Markham Street.) Item 22 - An Ordinance accepting the annexation of certain lands to the City of Little Rock, Arkansas. (Capitol Lakes Estates - 190.264 acres located on Cooper Orbit Road.) Minutes April 16, 1996 405 Assistant City Attorney Melinda Raley explained that Staff requested the taxicab issues be deferred because it was premature to consider the franchise due to some of the uncertainties regarding Black and White Cab Company at this time. Therefore, the following items were deferred: Item 31 - An Ordinance renewing the taxicab operator permit for Black & White Cab Company for a one year period from January 1, 1996 to December 31, 1996. Item 32 - An Ordinance authorizing the City Manager to advertise the taxicab franchise for 1996. Item 14 was the next presentation, being a proposed Ordinance entitled: AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT - COMMERCIAL TITLED WAFFLE HOUSE SHORT -FORM PD -C, LOCATED AT 4942 W. MARKHAM ST., IN THE CITY OF LITTLE ROCK, ARK. AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK AND FOR OTHER PURPOSES. Mayor Dailey recused from discussion because his brother -in -law Frank Kelley is a partner in the firm of Flake Tabor Tucker Wells & Kelley, which represents the applicant, Waffle House. (See Minutes of March S, 1996 and Legal Opinion 96 -005) Therefore, Vice Mayor Adcock presided. Mr. Randall Smyly, owner of the Waffle House, was present and requested a withdrawal of his application for the Waffle House Planned Unit Development. Director Hodges questioned whether this was a complete withdrawal or just a deferral. Mr. Smyly responded, "Complete - for the time being." Director Hodges noted that if the application is withdrawn, it would have to go back through the Planning Commission before any future consideration by the Board of Directors. He asked Assistant City Attorney Melinda Raley if a motion would be in order to have a study for at least an eight (8) month period in order for the Planning Commission to look at the overall projections of the Heights/Hillcrest area and would that mean that Mr. Smyly could not bring back his request for the Waffle House until the study was completed. Attorney Raley referred the question to the Planning Staff. Mr. Richard Wood said his understanding was that it could be withdrawn with prejudice. Director Hodges then moved to accept the withdrawal of the Waffle House PD -C (Z- 591 -B) for an eight (8) month period of time with prejudice, and the motion was seconded by Director Wilson. There was a lengthy discussion before the vote. Mr. Smyly stated that the reason he asked for the delay was that he attended a neighborhood meeting at which several residents said they would like a delay in order to look at the land use plan and also possibly an overlay for West Markham Street. He would like to work this out with the Neighborhood Association, and was agreeable to a delay of three or four months, but said it is unreasonable to ask for an eight (8) month delay. Director Wilson read a prepared statement. After further discussion, the motion was adopted by the following roll call vote: Ayes - Directors Sharp, Mason, Kumpuris, Wilson, Hodges, and Wyrick - total 6; Noes - Vice Mayor Adcock and Directors Keck and Joyce - total 3; Absent - Mayor Dailey and Director Hinton - total 2. Whereupon, the request for the PD -C was withdrawn and no action was taken on the proposed Ordinance. Director Hodges moved that the City conduct an eight (8) month study of the Heights/Hillcrest area and determine whether the Master Land Use Plan should be changed and what recommendations, if any, the staff has to change the Plan. The motion was seconded by Director Sharp and adopted by the following voice vote: Ayes - Directors Sharp, Mason, Kumpuris, Wilson, Hodges, Keck, Joyce and Wyrick - total 9; Noes - Vice Mayor Adcock - total 1; Absent - Mayor Dailey and Director Hinton - total 2. Director Joyce asked if for some reason it is found this "with prejudice" does not stand up, does the Board rescind the vote and begin again? Vice Mayor Adcock asked for a written opinion from City Attorney Tom Carpenter. - - -- (Mayor Dailey re- enrolled at 7:05 o'clock P.M.) (Director Hodges was excused at 7:05 o'clock P.M.) Consideration was then given to the Consent Agenda, which consisted of the following items: 2 A 10 Minutes April 16, 1996 (1) Resolution No. 9,664, entitled: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE "Y" STREET BETWEEN TAYLOR AND FILLMORE STREETS, IN PARK VIEW ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (May 7,1996) (2) Resolution No. 9,665, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE $100,000 FROM THE ZOO GATE ADMISSIONS CAPITAL IMPROVEMENT FUND SPECIAL PROJECT ACCOUNT TO THE ZOO IMPROVEMENTS SPECIAL PROJECT ACCOUNT FOR IMPROVEMENTS AT THE LITTLE ROCK ZOO TO ADDRESS ACCREDITATION DEFICIENCIES. (3) Resolution No. 9,666, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE $500,000 FROM THE 1995 CAPITAL IMPROVEMENT BOND FUND FOR BOYLE PARK IMPROVEMENTS. (4) Resolution No. 9,667, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE $300,000 FROM THE 1995 CAPITAL IMPROVEMENT BOND FUND FOR NEIGHBORHOOD PARK IMPROVEMENTS. (5) Resolution No. 9,668, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE $50,000 FROM THE 1988 BOND PROCEEDS FOR GOLF COURSE IMPROVEMENTS. (6) Resolution No. 9,669, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE $90,000 FROM THE 1988 BOND PROCEEDS FOR GILLAM POOL BATHHOUSE RECONSTRUCTION INTO A SPECIAL PROJECT. (7) Withdrawn. (8) Resolution No. 9,670, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO TIME STRIPING FOR INSTALLATION OF A TRAFFIC SIGNAL AT CHENAL PARKWAY AND PARKWAY PLACE DRIVE. (Loyola Drive - not to exceed $51,772.05) (9) Resolution No. 9,671, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO ALLEN & HAMPTON FOR RENOVATION OF A HOUSE AT 915 SOUTH LEWIS STREET, A CDBG SAVE -A- HOME PROJECT FOR THE DEPARTMENT OF NEIGHBORHOODS AND PLANNING. (Not to exceed $29,400.) (10) Resolution No. 9,672, with the title being: A RESOLUTION AUTHORIZING THE SALE OF CERTAIN PROPERTY LOCATED IN THE LITTLE ROCK PORT INDUSTRIAL PARK; AND FOR OTHER PURPOSES. (Tract Q, Area 201 - to Southwest Hospitals.) (11) Resolution No. 9,673, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR CONSULTANT SERVICES FOR PATIENT OUTCOMES AND QUALITY ASSESSMENT EVALUATION TO DR. ROBERT H. BRADLEY AND DR. LEANNE WHITESIDE - MANSELL d/b /a CHILD AND FAMILY EVALUATION STUDIES, AND FOR OTHER PURPOSES. Minutes April 16, 1996 40/ (12) Resolution No. 9,674, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO EXPLORER SYSTEMS FOR THE PURCHASE OF A DATA PROCESSING SYSTEM FOR THE MUSEUM OF SCIENCE AND HISTORY. (Not to exceed $46,480.) (13) Resolution No. 9,675, described as: A RESOLUTION APPOINTING MS. MILLIE WARD AS A COMMISSIONER FOR METROCENTRE IMPROVEMENT DISTRICT NO. 1 OF THE CITY OF LITTLE ROCK, ARKANSAS AND REPEALING RESOLUTION NO. 9,544 (NOVEMBER 7, 1995). (Appointed I1 -7 -95 but Oath of Office was not filed with City Clerk as required.) Upon a motion by Director Adcock, which was seconded by Director Joyce and unanimously adopted, the Consent Agenda was dispensed with as follows: (2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13) Resolutions No. 9,664, 9,665, 9,666, 9,667, 9,668, 9,669, 9,670, 9,671, 9,672, 9,673, 9,674 and 9,675 were read in full and unanimously adopted. (Director Hodges re- enrolled at 7:10 o'clock P.M.) The next presentation was Ordinance No. 17,160, with the title being: AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND ESTABLISHING A PLANNED DEVELOPMENT - COMMERCIAL DISTRICT TITLED COPY SYSTEMS SHORT -FORM PD -C (Z- 4550 -A) LOCATED ON THE SOUTH SIDE OF W. 9TH ST., BETWEEN S. GAINES AND S. STATE STS., IN THE CITY OF LITTLE ROCK, ARKANSAS, REVOKING ORDINANCE NO. 14,904, DATED JULY 2, 1985, AND AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Joyce and Sharp, 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 ten in number and two- thirds or more of the members of the Board of Directors, and the Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Hinton - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,161, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF MASTER STREET PLAN RIGHT -OF -WAY DEDICATION ON LOUISIANA STREET FOR ST. VINCENT INFIRMARY MEDICAL CENTER LOCATED IN BLOCK 88 OF THE ORIGINAL CITY OF LITTLE ROCK; (Between 8th & 9th and Louisiana & Center Streets) 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Joyce and Sharp, 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 ten in number and two- thirds or more of the members of the Board of Directors, and the Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Hinton - total 1. Whereupon, the Ordinance was declared PASSED. 4 • Minutes April 16, 1996 Consideration was then given to Ordinance No. 17,162, entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL OF THE BOUNDARY STREET IMPROVEMENTS REQUIREMENTS ON SCHILLER STREET FOR ARKANSAS CHILDREN'S HOSPITAL LOCATED AT THE NORTHEAST CORNER OF SCHILLER STREET AND MARYLAND STREET; 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Joyce and Sharp, 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 ten in number and two- thirds or more of the members of the Board of Directors, and the Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Hinton - total 1. Whereupon, the Ordinance was declared PASSED. Ordinance No. 17,163 was presented, with the title being: AN ORDINANCE VACATING A PORTION OF MABELVALE TOWN PLAT AND CLOSING PORTIONS OF A STREET AND ALLEY RIGHT -OF -WAY ADJACENT TO AND IN BLOCKS 11 AND 12, ALL IN THE PLAT OF THE TOWN OF MABELVALE, PULASKI COUNTY, ARKANSAS (S- 1063): and the Ordinance was read the first time. (Note: A public hearing was not required since the right -of -way was never dedicated.) 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Joyce and Sharp, 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 ten in number and two- thirds or more of the members of the Board of Directors, and the Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Hinton - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,164, described as: AN ORDINANCE APPROPRIATING FUNDS FOR DRAINAGE IMPROVEMENTS AT THE LITTLE ROCK ZOO; AND FOR OTHER PURPOSES; ($145,000) 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Joyce and Sharp, 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 ten in number and two- thirds or more of the members of the Board of Directors, and the Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Hinton - total 1. Whereupon, the Ordinance was declared PASSED. Minutes April 16, 1996 409 Consideration was then given to Ordinance No. 17,165, entitled: AN ORDINANCE TO TRANSFER THE BALANCE OF THE INTERSTATE PARK SPECIAL ACCOUNT INTO THE NEIGHBORHOOD PARKS IMPROVEMENTS SPECIAL ACCOUNT; AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO LITTLE ROCK ELECTRICAL CONTRACTORS, INC., FOR LIGHTING IMPROVEMENTS AT INTERSTATE PARK; (Not to exceed $116, 094) 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Joyce and Sharp, 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 ten in number and two- thirds or more of the members of the Board of Directors, and the Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Hinton - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,166, with the title being: AN ORDINANCE TO AMEND THE OUR CLUB APPROPRIATION LINE ITEMS IN LRO 17,098 (JANUARY 16, 1996), TO CLARIFY THE PROGRAM SITES; DECLARING AN EMERGENCY; 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Joyce and Sharp, 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 ten in number and two- thirds or more of the members of the Board of Directors, and the Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Hinton - total 1. The Emergency Clause contained in Section 2 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Hinton - total 1. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. Introduced next was Ordinance No. 17,167, described as: AN ORDINANCE REAPPROPRIATING FUNDS; AUTHORIZING AN AMENDMENT TO A CONTRACT; AND FOR OTHER PURPOSES; (Appropriate $51,327 from the Street Improvement Fund and amend the construction contract with Nabholtz Construction Company in the amount of $51,327 to provide for an elevator for the River Market.) 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Joyce and Sharp, 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 ten in number and two- thirds or more of the members of the Board of Directors, and the Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Hinton - total 1. Whereupon, the Ordinance was declared PASSED. Cel Minutes April 16, 1996 A public hearing had been scheduled for this time and place by Resolution No. 9,651, adopted April 2, 1996, on the petition filed by St. Vincent Infirmary Medical Center, to vacate and close the alley in Block 88, Original City of Little Rock. The notice of hearing was published in the Daily Record on April 9, 1996 and April 16, 1996. The Planning Commission approved the alley closure on March 14, 1996. Mayor Dailey declared the public hearing open. No opposition was presented. Mayor Dailey declared the public hearing closed, and Ordinance No. 17,168 was presented, with the title being: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 88, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS; (Between 8th & 9th and Louisiana & Center Streets for St. Vincent Infirmary Medical Center.) and there was a first reading of the Ordinance. Director Joyce moved for the suspension of the rules to provide for the second reading of the Ordinance. The motion was seconded by Director Adcock 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, there was a subsequent motion and second by Directors Adcock and Joyce, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors and the Ordinance was read the third and last time. A roll call vote was taken on passage of the Ordinance, which is recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Hinton - total 1. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 9,652, adopted April 2, 1996, on the petition filed by Mike Rebich and John Frederick d/b /a Copy Systems to vacate and abandon the east seven (7) feet of the utility easement with the east one half of the abandoned 20 ft. alley in Block 174, Original City of Little Rock. The notice of hearing was published in the Daily Record on April 9, 1996 and April 16, 1996. Mayor Dailey declared the public hearing open. No opposition was presented. Mayor Dailey declared the public hearing closed, and Ordinance No. 17,169 was presented, with the title being: AN ORDINANCE VACATING A EASEMENT IN BLOCK 174 OF THE ARKANSAS; (This portion of the utility 14,868 which closed the alley) PORTION OF THE PUBLIC UTILITY ORIGINAL CITY OF LITTLE ROCK, easement was retained in Ordinance No. and there was a first reading of the Ordinance. Director Joyce moved for the suspension of the rules to provide for the second reading of the Ordinance. The motion was seconded by Director Adcock 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, there was a subsequent motion and second by Directors Adcock and Joyce, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors and the Ordinance was read the third and last time. A roll call vote was taken on passage of the Ordinance, which is recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Hinton - total 1. Whereupon, the Ordinance was declared PASSED. Item 23 on the Agenda was a public hearing on the Ordinance providing for the issuance and sale of Airport Passenger Facility Charge Revenue Bonds for the Little Rock National Airport. The public hearing had been scheduled for this time and place by Resolution No. 9,635, adopted march 19, 1996. Notice of the public hearing was published in the Arkansas Democrat Gazette on April 1, 1996. At 7:30 o'clock P.M. Mayor Dailey declared the public hearing open. Mr. John Tisdale - Wright, Lindsey & Jennings Law Firm; Mr. John Pryor - Little Rock Finance Director; and Mr. Gary Smith - Chairman of the Little Rock Airport Commission responded to questions by members of the Board of Directors regarding bond ratings and insurance, revenues for repaying the bonds, airline bankruptcies, co -bond council, attorney fees, etc. At 8:30 o'clock P.M. Mayor Dailey closed the public hearing, and announced that the Ordinance would be considered at the Board of Directors reconvened meeting on Tuesday, April 30, 1996. 7 411 Minutes April 16, 1996 Consideration was then given to Ordinance No. 17,170, entitled: AN ORDINANCE TO AMEND LITTLE ROCK, ARKANSAS, REVISED CODE SECTION 2 -243 (1988) TO RECOGNIZE STORMWATER UTILITY MANAGEMENT SERVICES AND INFORMATION SYSTEM SERVICE CONSULTANTS AS PROFESSIONAL SERVICES FOR THE CITY OF LITTLE ROCK, ARKANSAS AND ITS VARIOUS BOARDS AND COMMISSIONS; AND FOR OTHER PURPOSES; and the Ordinance was read the third time; having been read the first and second times on April 2, 1996. A roll call vote was then taken on passage of the Ordinance as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Hinton - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,171, with the title being: AN ORDINANCE CONDEMNING CERTAIN STRUCTURES IN THE CITY OF LITTLE ROCK AS STRUCTURAL, FIRE AND HEALTH HAZARDS; PROVIDING FOR SUMMARY ABATEMENT PROCEDURES; DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID STRUCTURES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. Director Adcock moved to suspend the rules to provide for the second reading of the Ordinance. The motion was seconded by Director Mason, 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, there was a subsequent motion and second by Directors Adcock and Joyce, respectively, to again suspend the rules for the third and final reading of the Ordinance. 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 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 - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Hinton - total 1. The Emergency Clause contained in Section 5 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Hinton - total 1. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. Introduced next was Ordinance No. 17,172, described as: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO HS &F EXCAVATION FOR DEMOLITION OF CONDEMNED STRUCTURES; (In an amount not to exceed $47,276) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Keck, to suspend the rules and place the Ordinance on second 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; and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Joyce, 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 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: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Hinton - total 1. Whereupon, the Ordinance was declared PASSED. At the time allotted for Citizen Communications, the first speaker was Mr. Robert Phillips, 13,500 Chenal Parkway. Mr. Phillips said some Board Members are most insensitive. He said he had been treated unfairly and his life had been totally disrupted. (Mr. Phillips never stated the issue, but was referring to the incident he reported during Citizen Communications on April 2, 1996. See page 2 of those Minutes) Mayor Dailey agreed to meet with Mr. Phillips on Wednesday or Thursday. 412 Minutes April 16, 1996 The next speaker under Citizen Communications was Mr. Theodore Tucker, 2817 Center Street. He referred to the recent fires started by thugs and stated that there are innocent kids that are being grouped as bad, but you can't put everyone into the same category. Mr. Macy Butler, Chairman of the Youth Advisory Committee of the Little Rock Task Force for Youth and an adult advisor to the National Youth Council Against Violence, thanked the Board for allowing this important initiative to remain possible. This is truly an investment in our youth. He encouraged all cultures in the City to take part in the Youth Council Against Violence. He also commended Assistant City Manager William Hunter for his participation in the Task Force for Youth. The next speaker was Mr. Robert "Say" McIntosh, 2500 West 12th Street, who spoke to the Board of Directors about thugs, gangs, and crime. Mr. Jim Lynch addressed the issue of appointments to the Civil Service Commission, and the relatively short time for submitting applications for appointment to this very important Commission. The Coalition of Little Rock Neighborhoods feels that at least 30 days should be given for applications to be submitted. Mr. Rusty Sparks, President of the Spring Valley Manor Property Owners Association, spoke to the Board regarding the annexation of Capitol Lakes Estates. (NOTE: The annexation [Item 22] was deferred to May 7, 1997.) He stated the annexation of West Little Rock is something the Board of Directors should give serious consideration from the long term planning aspects. Issues revolve around sewer, water and fire services as well as traffic. The Board should give consideration to what annexation does before giving approval. The last speaker under Citizen Communications was Mrs. Annie Abrams who referred to "the big picture that I talk about all the time ", stating the City should have an education program so that citizens would have some insight as to "the big picture ". She said the Planning Commission recommendations should state whether they will have a 10, 20 or 30 year impact on our infrastructure plan, on our community services plan, on our protection plan, or on our growth plan. Referring to the report by the Airport Commission (Item 23) she asked: "Do we have a projection growth plan for this City for the next 30 years that would tell us how many people would be getting on planes and what kind of planes ?" The Board of Directors recessed to Executive Session at 9:08 o'clock P.M. to consider appointments to the Civil Service Commission. The Board of Directors reconvened from Executive Session at 9:35 o'clock P.M. with Mayor Dailey presiding and eight Directors present (Directors Wilson and Hinton were absent). Consideration was then given to Resolution No. 9,676, entitled: A RESOLUTION MAKING APPOINTMENTS TO THE CIVIL SERVICE COMMISSION. (William C. Thomas and Barbara Harvel.) Following the reading of the Resolution, there was a motion by Director Sharp to adopt the Resolution. The motion was seconded by Director Adcock, and the Resolution was adopted unanimously by the Board Members present. There being no further business to be presented, the Board of Directors recessed at 9:35 o'clock P.M. to reconvene on Tuesday, April 30, 1996, at 4:00 P.M. to consider the Ordinance providing for the issuance of Airport Passenger Facility Charge Revenue Bonds. ATTEST: City Clerk Robbie Hancock 6 APPROVED: oaxlu� or Jim Dailey