Loading...
HomeMy WebLinkAbout09-03-96522 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas September 3, 1996 - 6:06 P.M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey presiding. The roll was called by City Clerk Robbie Hancock, with the following Directors present: Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, and Wyrick - total 9; Absent - Director Wilson -dotal 1. 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 Director Joyce, followed by the Pledge of Allegiance. Director Adcock announced the Little Rock Cash - for -Trash Bash on November 2, 1996, in which those picking up trash will be eligible for cash prizes up to $500.00. She invited Board Members and citizens to attend. She also encouraged organizations and groups to sign up to adopt a neighborhood and pick up trash that day. (Director Wilson enrolled at 6:13 o'clock P.M.) Director Joyce and Mr. Frank Riggins, Chairman of the City Beautiful Commission, presented the City Beautiful Landscape Awards in recognition of those that have gone above and beyond the minimum criteria set forth in the Landscape Ordinance. Past Award Winners with Continued Excellence: Third Place - Chiropractic Associates; Second Place - University Shopping Center; First Place - The Train Station. Voluntary Upgrades of Existing Sites: Third Place - Davidson Law Firm; Second Place - Walnut Ridge Apartments; First Place - The Master Gardners. Exceeding the Ordinance Requirements: Third Place - Kirby's Grill & Bakery; Second Place - Kanis Shell Superstop; First Place - Alltel Corporation. The video of the Finance Department briefing was viewed by the Board of Directors. Consideration was then given to the Consent Agenda which consisted of the following: (1) The Minutes of the Board of Directors reconvened meeting held December 26, 1995, the regular meeting held January 2, 1996, and the reconvened meeting held January 9, 1996. (2) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of July, 1996. (3) Resolution No. 9,784, entitled: A RESOLUTION AUTHORIZING A RIGHT -OF -WAY EASEMENT ACROSS CITY OF LITTLE ROCK PARK PROPERTY AT THE SOUTHEAST CORNER OF LOT 2, SEVEN ACRES BUSINESS PARK FOR USE AND BENEFIT OF THE LITTLE ROCK WASTEWATER UTILITY FOR EXTENSION OF A SEWER LINE. 1 Minutes September 3, 1996 There being no further business to be presented, the Board of Directors recessed at 9:50 o'clock P.M. to reconvene on Tuesday, September 10, 1996, at 4:00 o'clock P.M. to consider the Ordinance granting a fiber optics franchise to the State of Arkansas (Item 23) and a possible change to the Consolidated Plan. ATTEST: ( q - City Clerk Robbie Hancock 10 APPROVED:' ayor Jim Dailey 5 31_ Minutes September 3, 1996 5 2 3 �� (4) Resolution No. 9,785, described as: A RESOLUTION TO AUTHORIZE AND APPROVE AN ASSIGNMENT OF HISTORIC INVESTMENT SOLUTIONS TEAM, LLC'S RIGHT TO TAKE TITLE TO THE KRAMER SCHOOL; AND FOR OTHER PURPOSES. (See Ordinance No. 17,051 of December 12, 1995) (5) Resolution No. 9,786, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO LITTLE ROCK EQUIPMENT SALES FOR THE PURCHASE OF A POTHOLE PATCHING TRUCK FOR THE PUBLIC WORKS DEPARTMENT. (Not to exceed $89, 000.) (6) Resolution No. 9,787, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH JEFCO CONSTRUCTION COMPANY, INC. FOR CONSTRUCTION OF STREET IMPROVEMENTS TO HARRISON STREET FROM WEST 28TH STREET TO WEST 32ND STREET AND WEST 29TH STREET FROM FAIR PARK TO HARRISON STREET, A 1988 CAPITAL IMPROVEMENT BOND PROJECT. (Not to exceed $256,637.39.) (7) Resolution No. 9,788, described as: A RESOLUTION AUTHORIZING THE SALE OF CERTAIN PROPERTY LOCATED IN THE LITTLE ROCK PORT INDUSTRIAL PARK; AND FOR OTHER PURPOSES. (Tract G, Area 101 - To Baptist Health.) (8) Resolution No. 9,789, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ALLRIGHT, INC. FOR THE OPERATION OF THE PARKING LOT AT SECOND AND SCOTT STREETS. Upon a motion by Director Adcock, which was seconded by Director Joyce and unanimously adopted, the Consent Agenda was dispensed with as follows: (1) the Minutes of December 26, 1995, January 2, 1996, and January 9, 1996 were approved as written and distributed to the Board of Directors; (2) the Little Rock Municipal Water Works Comparative Statement of Income Account for the month of July, 1996, was received and filed; and (3, 4, 5, 6, 7 and 8) Resolutions No. 9,784, 9,785, 9,786, 9,787, 9,788 and 9,789 were read in full and unanimously adopted. Item 24 was the next presentation, being Resolution No. 9,790, entitled: A RESOLUTION ENDORSING THE ARKANSAS DEPARTMENT OF HIGHER EDUCATION'S "ARKANSAS CRUSADES FOR MATH, SCIENCE AND K -4 "; and the Resolution was read in full. Director Mason commended members of the Education Commission and moved for adoption of the Resolution. The motion was seconded by Director Keck and the Resolution was unanimously adopted. City Attorney Tom Carpenter asked that Item 15 be deferred for two weeks. _ Therefore, the proposed Ordinance entitled: "AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A DEFERRAL OF BOUNDARY STREET IMPROVEMENTS ON KANIS ROAD AND ALONG PRIDE VALLEY ROAD FOR ROBBINS ADDITION, LOTS 1 AND 2, LOCATED AT 15575 KANIS ROAD" was deferred until September 17, 1996, upon a motion by Director Keck, which was seconded by Director Mason, and unanimously adopted. (Also deferred from 8- 20 -96.) 2 524 Minutes September 3, 1996 Item 21 on the Agenda was a proposed Resolution with the title being: "A RESOLUTION TO DECLARE THE POLICY OF THE CITY TO PROVIDE MEDICAL INSURANCE BENEFITS TO THE SURVIVORS OF CITY EMPLOYEES KILLED WHILE IN THE LINE OF DUTY; DIRECTING THE CITY MANAGER TO PROPOSE ANY NECESSARY AMENDMENTS TO THE CITY BUDGET; AND FOR OTHER PURPOSES." At the request of City Attorney Tom Carpenter, the Resolution was deferred for two weeks, upon a motion by Director Keck, which was seconded by Director Mason and unanimously adopted. Therefore, the Resolution was deferred until September 17, 1996. Prior to Citizen Communications, at the request of Mayor Dailey, Police Chief Louie Caudell made a 15 minute presentation regarding the Police Department pursuit policy and it relationship to the incident on July 29, 1996, involving Mr. Aaron Jackson Harris who led police on a high speed chase resulting in the accident that occurred near West 20th Street and M.L. King Drive in which Mr. Harris was killed. (See Minutes of July 30, 1996.) Chief Caudell concluded by stating he believed the pursuit was reasonable and within the established departmental procedures. At the time allotted for Citizen Communications, the first speaker was State Senator Bill Walker who also addressed the Police Department pursuit policy. Referring to the accident on July 29, 1996, that occurred near West 20th Street and M.L. King Drive, after Mr. Aaron Jackson Harris led police on a high speed chase and was killed when the vehicle he was driving collided with another vehicle, Senator Walker asked what would it take to violate the pursuit policy? how much faster and how much more reckless did this have to get before the policy kicks in and the officers cease the chase? (See Minutes of July 30, 1996.) Senator Walker encouraged the Board to continue to take a look at the pursuit policy. The next speaker under Citizen Communications was Mr. Richard Roberts. He said the police chase should not have occurred at all. (He is the owner of the stolen vehicle driven by Mr. Harris in the July 29, 1996 accident referred to by Senator Walker above) Mr. Roberts said a friend called him and told him that his car was at Boatman's Bank. Mr. Roberts then talked to the police officer at the Bank, who in turn called dispatch for the officer patrolling the area. The police unit could have blocked his car to prevent the suspect from leaving the bank parking lot, but did not do so. He said his car was now in the City impoundment facility and he had received a bill for $338.00, and he cannot have anything released from his car - his driver's license, his military ID, his keys. Mr. Roberts said he even went to Internal Affairs and made a statement. Mayor Dailey asked City Manager Charles Nickerson to investigate and release personal items to Mr. Roberts, unless there is a Police reason for holding them. Director Wilson questioned why Mr. Roberts should have to pay for the impoundment of his car in this situation. Mr. Phillip Perry was the next speaker during Citizen Communications. He spoke on behalf of the American Lung Association, a non - profit organization, and encouraged the Board of Directors to begin ardent discussion regarding cigarettes falling into the hands of children. The last speaker during Citizen Communications was Mr. Simmons Smith. (Seepage 8 of Minutes of August 20, 1996.) Mr. Simmons had requested additional time to renovate the building at 1810 Wright Avenue, which was included in the condemnation ordinance (Ordinance No. 17,261); however, the Board did not grant additional time. Mr. Simmons said that the action of the Board in condemning his property on Wright Avenue was a very racist and cowardly act. Rather than let the City tear down his building, he will tear it down himself and he has hired some black contractors to tear down the building. (Directors Wyrick and Sharp were excused at 7:22 o'clock P.M. due to a conflict of interest on the following two proposed Ordinances [Items 9 and 101. Director Wyrick's supervisor owns property in the area; Director Sharp has a business partner that owns land in the area.) 3 Minutes September 3, 1996 525 Introduced next was a proposed Ordinance described as: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE PORT SOUTH DISTRICT, EAST OF ZEUBER ROAD AND SOUTH OF SLOANE FROM AGRICULTURE TO INDUSTRIAL; AND FOR OTHER MATTERS; and the Ordinance was read the third and last time; having been read the first and second times on July 16, 1996, and August 20, 1996, respectively. A roll call vote was then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - None; Noes - Directors Joyce, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck and Mayor Dailey - total 9; Absent - Directors Wyrick and Sharp - total 2 (recused). Whereupon, Mayor Dailey announced that the Ordinance had FAILED. The next presentation was the related proposed Ordinance, with the title being: AN ORDINANCE TO ESTABLISH ZONING DISTRICTS IN THE COLLEGE STATION COMMUNITY AND AN AREA GENERALLY SOUTH OF FRAZIER PIKE, EAST OF GILLIAM PARK, WEST OF THE ARKANSAS RIVER AND NORTH OF HARPER AND THIBAULT ROADS (AREA III EXTRATERRITORIAL ZONING) WHICH IS OUTSIDE OF BUT WITHIN THREE (3) MILES OF THE CORPORATE LIMITS OF THE CITY OF LITTLE ROCK; TO MAKE THE CITY'S COMPREHENSIVE ZONING REGULATIONS APPLICABLE THERETO; AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and the Ordinance was read the third and last time; having been read the first and second times on July 16, 1996, and August 20, 1996, respectively. A roll call vote was then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - None; Noes - Directors Joyce, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck and Mayor Dailey - total 9; Absent - Directors Wyrick and Sharp - total 2 (recused). Whereupon, Mayor Dailey announced that the Ordinance had FAILED. (Note: Director Kumpuris asked if there is any validity in doing this in a smaller area and Mayor Dailey asked staff to begin discussion for a smaller area at the next agenda meeting.) (Directors Wyrick and Sharp re- enrolled at 7:35 o'clock P.M.) A public hearing had been scheduled for this time and place by Resolution No. 9,970 adopted August 20, 1996, on the petition filed by Mr. Dick Groh on behalf of Grace Lutheran Church, to vacate the alley in Block One of Hillcrest Addition to the City of Little Rock. The notice of hearing was published in the Daily Record on August 27, 1996 and September 3, 1996. Attached to the petition was a certified copy of the plat on file in the Pulaski County Circuit Clerk's Office and a letter from Lender's Title Company listing the abutting property owners. Mayor Dailey declared the public hearing open. There was no one present who wished to speak on the issue and Mayor Dailey declared the public hearing closed. Ordinance No. 17,263 was introduced with the title being: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK ONE OF HILLCREST ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Mason, 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Mason and Adcock, respectively, to again suspend the rules to provide for the third and final reading of the Ordinance. The motion was unanimously adopted by the Board Members present, being eleven in number and two- thirds or more of the 4 526 _ Minutes September 3, 1996 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 as follows: Ayes - Directors Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Item 19 on the Agenda was a proposed Ordinance, entitled: AN ORDINANCE APPROPRIATING $25,000 FOR DUNBAR JUNIOR HIGH SCHOOL. City Attorney Tom Carpenter explained that the Dunbar Exhibit is obviously something that can be done by the Museum of Science and History if the Board of Directors wishes to appropriate additional money for the Museum, with the hopes that the Museum will contract with the Dunbar Historical Society and come to acceptable terms as to who would have control of the exhibit. But Mr. Carpenter had no idea where the money is coming from. The Board cannot just give the money to the Dunbar Group because this is a good project. Mr. Carpenter said he was waiting on direction from the Board before preparing the Ordinance. City Manager Charles Nickerson said it would be more logical for the Museum to fund the exhibit. Director Mason proposed a compromise to the Dunbar Group to explore other avenues for funding. Director Kumpuris asked Mr. Bobby Roberts, Executive Director of the Central Arkansas Library System, to be the vehicle to do that. Mayor Dailey asked the group to meet then with Directors Mason and Wilson. Ms. Johanna Miller Lewis, UALR Public History Program and Co- Director of National Dunbar History Project, explained the collaborative effort put forth for the Project. Directors Mason and Wilson were excused at 7:40 o'clock P.M. to meet with the Dunbar Group in the Sister Cities Conference Room. (Petitions supporting the request for $25, 000 for the National Dunbar History Project to complete the cost for a traveling exhibit about the Paul Laurence Dunbar High School 1929 -1955 were filed with Director Wilson. The exhibit is scheduled to open on November 9, 1996 at the Arkansas Territorial Restoration. $50,000 has been contributed by Dunbar Alumni, $10, 000 from a fundraiser, and a grant of $15, 000 from the Arkansas Humanities Council for a total of $75, 000 toward the $100, 000 needed for the design and production of the exhibit.) (Discussion continued on page 8.) (Also see Minutes of 8 -6 -96, pg. 3) (Director Hodges was excused at 7:40 o'clock P.M.) Consideration was then given to Ordinance No. 17,264, described as: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (ORDINANCE NO. 16,222) IN THE I -630 DISTRICT, ON THE NORTH AND SOUTH SIDES OF ASHER, BETWEEN VALMAR AND JOHNSON, FROM SINGLE FAMILY AND MULTIFAMILY TO LOW DENSITY MULTIFAMILY, PUBLICANSTITUTIONAL AND MIXED; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Hinton, 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 eight in number and two - thirds or more of the members of the Board of Directors, and the second reading of the Ordinance ensued. Director Adcock moved to suspend the rules to provide for the third and final reading of the Ordinance. The motion was seconded by Director Joyce and unanimously adopted by the Board Members present, being eight 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 Joyce, Wyrick, Sharp, Kumpuris, Adcock, Hinton, Keck, and Mayor Dailey - total 8; Noes - None; Absent - Directors Mason, Wilson and Hodges - total 3. Whereupon, the Ordinance was declared PASSED. 5 Minutes September 3, 1996 j� 0527 The next presentation was Zoning Application Z -6161 to reclassify property located at 3205 Asher Avenue from "R -3" Single - family District to "C -1" Neighborhood Commercial District. The application was filed by Nikitia Hunter and was approved by the Planning Commission on August 1, 1996. Ordinance No. 17,265 was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z -6161 - To reclassify property located at 3205 Asher Avenue from "R -3" Single - family District to "C -1" Neighborhood Commercial District.) and the Ordinance was read the first time. There was a motion by Director Hinton, 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 eight in number and two- thirds or more of the members of the Board of Directors, and the second reading of the Ordinance ensued. Director Adcock moved to suspend the rules to provide for the third and final reading of the Ordinance. The motion was seconded by Director Joyce and unanimously adopted by the Board Members present, being eight 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 Joyce, Wyrick, Sharp, Kumpuris, Adcock, Hinton, Keck, and Mayor Dailey - total 8; Noes - None; Absent - Directors Mason, Wilson and Hodges - total 3. Whereupon, the Ordinance was declared PASSED. Zoning Application Z -6167 was then introduced. The application was filed by Atley Davis on behalf of Atley G. & Betty C. Davis Living Trust to rezone 2.135 acres at 7501 -7505 Asher Avenue (long legal description) from "C -3" General Commercial District to "I -2" Light Industrial District. The reclassification was approved by the Planning Commission on August 1, 1996. Ordinance No. 17,266 was introduced, entitled: 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 -6167 - To rezone 2.135 acres at 7501 -7505 Asher Avenue (long legal description) from "C -3" General Commercial District to "I -2" Light Industrial District.) and the Ordinance was read the first time. There was a motion by Director Hinton, 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 eight in number and two- thirds or more of the members of the Board of Directors, and the second reading of the Ordinance ensued. Director Adcock moved to suspend the rules to provide for the third and final reading of the Ordinance. The motion was seconded by Director Joyce and unanimously adopted by the Board Members present, being eight 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 Joyce, Wyrick, Sharp, Kumpuris, Adcock, Hinton, Keck, and Mayor Dailey - total 8; Noes - None; Absent - Directors Mason, Wilson and Hodges - total 3. Whereupon, the Ordinance was declared PASSED. ,:1 528 Minutes September 3, 1996 Consideration was then given to Ordinance No. 17,267, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A DEFERRAL OF BOUNDARY STREET IMPROVEMENT REQUIREMENTS FOR TOUCHSTONE SUBDIVISION AT 6301 DAN GLOVER ROAD (S- 1102). (NOTE: The Agenda listed this item as a waiver of boundary street improvements. City Attorney Tom Carpenter stated that a new Ordinance was before the Board, since Staff had met with the appliant and he agreed to the deferral.) Following the first reading of the Ordinance, Director Adcock moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Keck and unanimously adopted by the Board Members present, being eight in number and two- thirds or more of the members of the Board of Directors, and the Ordinance was read the second time. There was a subsequent motion and second by Directors Adcock and Joyce, respectively, to again suspend the rules to provide for the third and final reading of the Ordinance. The motion was unanimously adopted by the Board Members present, being eight 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. (Director Hodges re- enrolled before the final vote.) A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Joyce, Wyrick, Sharp, Kumpuris, Adcock, Hinton, Hodges, Keck and Mayor Dailey - total 9; Noes - None; Absent - Directors Mason and Wilson - total 2. Therefore, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 9,769, adopted August 20, 1996, on the petition filed by Attorney Gayle Corley of the Friday Law Firm on behalf of the Central Arkansas Library System, Dwight Schaer and Herschel Bowman to vacate and close portions of two alleys in Block 8, Pope's Addition to the City of Little Rock. Notice of the public hearing had been published in the Daily Record on August 27, 1996, and September 3, 1996. Attached to the petition was a certified copy of the Plat on file in the Pulaski County Circuit Clerk's Office and a letter from Standard Abstract Company, listing the abutting property owners. The abandonment was approved by the Planing Commission on November 14, 1995. Mayor Dailey declared the public hearing open. No one was present who wished to speak on the abandonment, and Mayor Dailey declared the public hearing closed. Ordinance No. 17,268 was presented, with the title being: AN ORDINANCE VACATING AND CLOSING PORTIONS OF TWO ALLEYS IN BLOCK 8, POPE'S ADDITION OF THE CITY OF LITTLE ROCK, ARKANSAS. (East/west alley in Block 8, Pope's Addition, from Rock Street east to the north /south alley and contiguous to the boundaries of Lots 9 and 10. North /south alley in Block 8, Pope's Addition, contiguous to Lots 10, 11 and 12, and Lots 1, 2, and 3.) Following the first reading of the Ordinance, Director Adcock moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Keck and unanimously adopted by the Board Members present, being nine in number and two - thirds or more of the members of the Board of Directors, and the Ordinance was read the second time. There was a subsequent motion and second by Directors Adcock and Joyce, respectively, to again suspend the rules to provide for the third and final reading of the Ordinance. The motion was unanimously adopted by the Board Members present, being nine 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 as follows: Ayes - Directors Joyce, Wyrick, Sharp, Kumpuris, Adcock, Hinton, Hodges, Keck and Mayor Dailey - total 9; Noes - None; Absent - Directors Mason and Wilson - total 2. Therefore, the Ordinance was declared PASSED. 7 Minutes September 3, 1996 329 A public hearing had been scheduled for this time and place by Resolution No. 9,771, adopted August 20, 1996, on the petition filed by Mr. Nolan Rushing to vacate and close a public utility easement in the south 138 feet of a ten foot strip immediately west of Lot 8, Block 13, Newton's Addition to the City of Little Rock. Notice of the public hearing had been published in the Daily Record on August 27, 1996, and September 3, 1996. Attached to the petition was a certified copy of the Plat on file in the Pulaski County Circuit Clerk's Office and a letter from Standard Abstract Company, listing the abutting property owners. Mayor Dailey declared the public hearing open. No one was present who wished to speak on the abandonment, and Mayor Dailey declared the public hearing closed. Ordinance No. 17,269 was presented, with the title being: AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN BLOCK 13 OF NEWTON'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (The south 138' of a ten foot strip immediately west of Lot 8, Block 13, Newton's Addition, being a portion of the east side of Van Buren Street closed by Ordinance No. 16,088, and Country Club Boulevard.) Following the first reading of the Ordinance, Director Adcock moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Keck and unanimously adopted by the Board Members present, being nine in number and two - thirds or more of the members of the Board of Directors, and the Ordinance was read the second time. There was a subsequent motion and second by Directors Adcock and Joyce, respectively, to again suspend the rules to provide for the third and final reading of the Ordinance. The motion was unanimously adopted by the Board Members present, being nine 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 as follows: Ayes - Directors Joyce, Wyrick, Sharp, Kumpuris, Adcock, Hinton, Hodges, Keck and Mayor Dailey - total 9; Noes - None; Absent - Directors Mason and Wilson - total 2. Therefore, the Ordinance was declared PASSED. Item 20 on the Agenda was a proposed Ordinance described as: "AN ORDINANCE AMENDING CHAPTER 17, ARTICLE II OF THE LITTLE ROCK CITY CODE, 1988, PERTAINING TO LICENSE AND PRIVILEGE TAXES." The Ordinance was deferred at the request of City Manager Charles Nickerson. (Note: Director Adcock asked if she would need to recuse on this issue since she is a business owner and City Attorney Tom Carpenter advised that she would not have to recuse.) At 7:50 o'clock P.M., Mayor Dailey .declared a ten minute recess. When the Board of Directors reconvened at 8:08 o'clock P.M., Mayor Dailey presided and all Directors were present. Discussion continued on Item 19 regarding the appropriation for Dunbar Junior High School. (Seepage S) Director Mason reported that he and Director Wilson had met with the Dunbar Group and determined some options to be explored. One was a Youth Services Contract, and another was to contract with the Central Arkansas Library System. Mayor Dailey told the Dunbar Group that the Board wanted to help them and asked for the Dunbar Group to bear with the Board another week to explore the options to come up with the $25,000. Senator Bill Walker said the number one suggestion from the group was that the Board give the money to the Library and let the Library contract with the Dunbar Group. Introduced next was Resolution No. 9,791, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR PREVENTION, INTERVENTION, AND TREATMENT PROGRAMS; 0 530 Minutes September 3, 1996 (Prosecuting Attorney; Boy Scouts (Quapaw Area); Joseph Pfeifer Camp; Greater Friendship; Girl Scouts; Big Brothers/Big Sisters; Sunset Terrace /Amelia Ives; Watershed; Philander Smith (Brother to Brother Program); Shepherd's Ranch; Arkansas Arts Center; Umoja Studio; Tomberlin CDC.) and the Resolution was read in full. Director Sharp moved for adoption of the Resolution and the motion was seconded by Director Wilson. In response to a question by Director Adcock in reference to a memorandum from Assistant City Manager William Hunter, City Manager Charles Nickerson explained that the 1996 appropriation included $600,000 for community based intervention and violence prevention programs. Since the Robert Wood Johnson Foundation funds cease in February, 1997, and the Step -Up Centers would have their funding reduced, Mr. Nickerson wanted the Board to be aware of that, should the Board want to consider other options for spending the $600,000, as set forth in the memorandum. The Resolution was adopted by a unanimous voice vote of the Board Members present. Item 23 on the Agenda was a proposed Ordinance, entitled: "AN ORDINANCE GRANTING A FRANCHISE TO THE STATE OF ARKANSAS TO INSTALL AND MAINTAIN FIBER OPTICS CABLE ON MARKHAM STREET AND OTHER LOCATIONS." City Attorney Tom Carpenter requested that the Ordinance be deferred and the Board of Directors recess this meeting and reconvene September 10, 1996, to consider this matter. Therefore, no action was taken and the Ordinance was deferred until September 10, 1996. At 8:30 o'clock P.M. the Board of Directors recessed to Executive Session to consider appointments to various Boards and Commissions. Director Keck requested that a personnel matter also be considered during the Executive Session. When the Board of Directors reconvened from Execution Session at 9:45 o'clock P.M., Mayor Dailey presided and all Directors were present. Mayor Dailey stated that the personnel matter was the manner in which the City Attorney issues opinions. No action was taken by the Board of Directors. The last presentation was Resolution No. 9,792, with the title being: A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO ARKANSAS MUSEUM OF SCIENCE AND HISTORY BOARD OF TRUSTEES, AMBULANCE AUTHORITY, COMMISSION ON DOMESTIC VIOLENCE, EDUCATION COMMISSION, HISTORIC DISTRICT COMMISSION, LITTLE ROCK PLANNING COMMISSION, LITTLE ROCK MUNICIPAL AIRPORT COMMISSION, LITTLE ROCK SANITARY SEWER COMMITTEE, RACIAL AND CULTURAL DIVERSITY COMMISSION, AND SISTER CITIES COMMISSION. (Museum - appointed Paula Patterson, Dale Ronnel, Philip Kaplan, Columbus Brown; Ambulance Authority - reappointed Bill Wilder; Domestic Violence - appointed Patricia Cooper and Michelle Bailey; Education - appointed Fatima McKindra; Historic District - appointed Charles Marratt and John Greer; Planning Commission - appointed Craig Berry; Airport - appointed Eugene Fortsen; Sewer Committee - appointed Charles Goss; Racial & Cultural Diversity - appointed Laveta Wills -Hale; Sister Cities - appointed Bob Callans, Ronald Roberts, Sherman Banks, Donna Skowronski and reinstated Aaron Lubin.) Following the reading of the Resolution, Director Keck moved for its adoption. The motion was seconded by Director Adcock and the Resolution was unanimously adopted. 6