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HomeMy WebLinkAbout01-07-97119 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas January 7, 1997 - 6:00 P.M. The twenty -first Board of Directors of the City of Little Rock, Arkansas convened under the Statutes of the State of Arkansas for the purpose of organizing the new Board of Directors with the terms of newly elected Directors beginning January 1, 1997. (Oaths were administered January 1, 1997, and filed with the City Clerk the same date.) Mayor Jim Dailey presided and City Clerk Robbie Hancock called the roll with the following Directors and Directors -elect present: Director Willie Hinton, Ward 2; Director Henry Hodges, Ward 3; Director -elect Brad Cazort, Ward 4; Director Michael Keck, Ward 5; Director Linda Joyce, Ward 6; Director B.J. (Brenda) Wyrick, Ward 7; Director -elect Paul Kelly, At -Large Position 9; Director -elect Joan Adcock, At -Large Position 10 - total 8; Absent - Director Gloria Wilson, Ward 1 and Director -elect Dean Kumpuris, At -Large Position 8 - total 2. The Oaths of Office of City Directors -elect Brad Cazort (Ward 4); Dean Kumpuris (At -Large Position 8); Paul Kelly (At -Large Position 9); and Joan Adcock (At- Large Position 10) had been filed with City Clerk Robbie Hancock on January 1, 1997. Oaths of Office of Municipal Judge Lee Munson (First Division) and Municipal Judge Victor Fleming (Second Division) had also been filed with City Clerk Robbie Hancock. (With the election of Director Cazort, Ward 4, the reorganization of the City Manager form of government was fully implemented, as approved by the electorate at a special election held on July 27, 1993.) 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 Hinton, followed by the pledge of Allegiance. (Director Kumpuris enrolled at 6:05 o'clock P.M.) There was a presentation on Crimeout by Mr. Ed Ligon, Chairman of the Crimeout Task Force, which is a partnership of Fifty for the Future and the Greater Little Rock Chamber of Commerce. Fifty for the Future is an organization of senior business executives in Pulaski County, whose primary focus is on economic development and the betterment of the community. The Task Force was created because the business community was extremely concerned about the level of crime in Pulaski County. Reducing crime in this community is a top priority. Violent crime in Little Rock was down by 29% in 1995 and down by another 26% in 1996. He reported that violent crime is now at the level as it was before 1986. He expressed appreciation to the men and women in the Little Rock Police Department. He said the combination of hard hitting law enforcement coupled with the aggressive prevention, intervention and treatment (PIT) programs really works. Mayor Dailey stated that the video of Housing & Neighborhood Programs and the Public Works Department Strategic Plan would not be viewed by the Board as shown on the Agenda but would be shown on the government access channel. Director Hinton moved to direct the City Manager to proceed with issuing a Request for Proposals (RFP) for a Youth Initiative Program (YIP) site in the south central area of the City of Little Rock. The motion was seconded by Director Keck and unanimously adopted. There was a lengthy discussion regarding the tragedy that struck the Peggy Ebbing family on November 22, 1996, when a water main broke in the middle of University Avenue near the Ebbing home and a channel of water was directed into the 1 • _ i Minutes January 7, 1997 The next presentation was Resolution No. 9,893, with the title being: RESOLUTION DIRECTING THE CITY MANAGER TO BRING FORTH THE RECOMMENDATIONS OF THE CHENAL PLANNING AND TRAFFIC TASK FORCE; and following the reading of the Resolution, Director Keck moved for its adoption. Director Cazort seconded the motion, and the Resolution was unanimously adopted. Introduced next was Ordinance No. 17,372, described as: AN ORDINANCE CHANGING THE NAME OF THE PERSONNEL DEPARTMENT TO THE HUMAN RESOURCES DEPARTMENT; and the Ordinance was read the first time. Director Joyce 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 eleven 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 eleven in number and two- thirds or more of the members of the Board of Directors, and the third and last reading of the Ordinance ensued. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Wilson - total 10; Noes - Mayor Dailey - total 1; Absent - None. Whereupon, the Ordinance was declared PASSED. Director Adcock brought up the issue of insurance benefits for the spouse of an employee killed in the line of duty, and asked that the issue be placed on the next Agenda for discussion. Director Hodges had a question about the use of revenue bonds as a source of funding for various improvements and asked City Attorney Tom Carpenter and City Manager Charles Nickerson to work together and determine if the City will have to ask for legislative authority under Amendment 65. Director Wilson asked City Attorney Tom Carpenter the status of a proposed Resolution regarding Board Members going into wards without notifying the City Director in that ward. City Manager Charles Nickerson discussed the 1997 City legislative items: changing the gasoline distribution formula; summer playground program; War Memorial Stadium Commission and issues of the Zoo; code enforcement housing issues and the use of a small claims court for nuisance issues; drainage utility issues and the Texas style improvement districts; and expanding Boards and Commissions. Director Hodges wanted to pursue the issue of changing the number of votes required to remove a member of the Airport Commission and to pursue authority to add two members to the Airport Commission. He was advised that the Pulaski County legislative delegation will not support those issues and the other issues are at risk. City Attorney Tom Carpenter said the Little Rock Port Authority needs statutory authority that allows two people to sign checks that are not the two listed in the current statute. The Board agreed to include that in the legislative items. Director Adcock asked City Manager Charles Nickerson for information regarding the territory covered by the northwest police patrol and the southwest police patrol. Director Hinton asked City Manager Charles Nickerson to contact Dr. Roberts of the Little Rock School District about ideas for the use of Stephens School. 10 Minutes January 7, 1997 There being no further business to be presented, the Board of Directors adjourned at 9:10 o'clock P.M. to meet again in regular session on Tuesday, January 21, 1997 at 6:00 o'clock P.M. ATTEST: (a dd--u -.& City Clerk Robbie Hancock 11 APPROVED: ayor Jim Dailey 629 620 Minutes January 7, 1997 Ebbing home (6 Virginia Lane), doing considerable damage. Mr. Craig Wood, Chairman of the Little Rock Municipal Water Works Commission, stated this is the first time in the history of the Water Works that such an event has occurred, or that there has been a personal property loss of this magnitude. He said the Water Commissioners have been deliberating about three issues: (1) municipal immunity; (2) the oath of office that the commissioners take regarding fiduciary responsibility for the assets of the Water Works; and (3) a future catastrophic event that could affect the economic viability of the Water Works. He stated the Commission met on this date and passed a resolution that established the procedure for claims such as this to be resolved. Mr. John Gill, Water Works attorney, said the Ebbings have a contract with State Farm Insurance to cover this type of loss. State Farm has refused to pay the claim based upon what they contend is an exception under the policy. The Water Commission has agreed to make an advance to the Ebbings but not let the insurance company off the hook. Director Hodges then read a letter from Peggy Ebbing regarding the damage resulting from the ruptured 12" water main, and asking for immediate action. Director Hodges emphasized that the "do right" rule should be applied here and it has not been done. This has destroyed their house. He felt the Water Commission should have paid this claim without waiving torte immunity. Attorney Gill stated the due process hearing will start the process and that a partial payment has been made. Most claims that have been paid in the past arise from damages occurring in the easement. The Water Works Commission followed the law of Arkansas and formally set up a procedure to waive its immunity. Director Hodges did not agree with Mr. Gill's opinion and stated again that he didn't think the public utility has done right. Mr. Jim Harvey, Manager of Little Rock Municipal Works, said there will be a meeting on Friday, January 10, 1997, at noon. Water Works has cut a check in the amount of $13,000 which was delivered to the Ebbing's attorney in December. Director Cazort and Mayor Dailey asked the Water Commission to report on this matter to the Board of Directors at the Agenda Meeting on January 14, 1997. (Director Wilson enrolled at 6:20 o'clock P.M. during Water Works presentation.) The Tobacco Free Arkansas Coalition presented Mayor Dailey with an award in appreciation for his commitment to keep kids alcohol and tobacco free. There was a motion by Director Keck to recess to Executive Session to select a Vice Mayor for 1997 -1998. The motion was seconded by Director Wyrick and unanimously adopted. Therefore, the Board of Directors recessed to Executive Session at 6:50 o'clock P.M. When the Board of Directors reconvened from Executive Session at 7:10 o'clock P.M., Mayor Dailey announced that Director Michael Keck had been elected Vice Mayor for a two -year term, said term expiring December 31, 1998. Mayor Dailey announced changes to the Agenda as follows: (15) Z- 2296 -A - AN ORDINANCE TO REZONE PROPERTY AT 8701 I -30 FROM "I -2" LIGHT INDUSTRIAL DISTRICT TO "MF -24" MULTIFAMILY DISTRICT. (Deferred until January 21, 1997, due to floodway easement.) (26) A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSULTANT CONTRACT TO PREPARE CONSTRUCTION DOCUMENTS FOR FIXED SEATING AT THE RIVERFEST AMPHITHEATRE. (Withdrawn.) (27) AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE SECTION 7- 127(92)(9A)1988) TO GRANT THE LITTLE ROCK MUNICIPAL AIRPORT COMMISSION THE AUTHORITY TO PROMULGATE RULES AND REGULATIONS AND TO SET RATES FOR OFF - AIRPORT CAR RENTAL AGENCIES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. (Withdrawn.) 0) Minutes January 7, 1997 5 21. (30) Discussion of the Benton Water Services Agreement. (Withdrawn.) Consideration was then given to the Consent Agenda which consisted of the following. (1) The Abstract of Votes for City Directors and Municipal Judge at the General Election held November 5, 1996. (To be received and filed.) (2) Resolution No. 9,881, entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF LSI FINANCIAL GROUP TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM. (Located at 17500 Chenal Parkway.) (3) A motion to set the date of hearing on the appeal of the Planning Commission's denial of the application for Bella Rosa Partnership POD (Z- 6219), located at the southwest corner of Hwy. 10 and Bella Rosa Road. (January 21, 1997) (4) A motion to set the date of hearing on the appeal of the Planning Commission's denial of the Bella Rosa Partnership Preliminary Plat (5- 1117), located at the southwest corner of Hwy. 10 and Bella Rosa Road. (January 21, 1997) (5) Resolution No. 9,882, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE ATKINS STREET BETWEEN CHENAL PARKWAY AND THE NORTH LINE OF TRACT 8, HILLVALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (January 21, 1997) (6) Report of Commissioners of Broadmoor Recreation Improvement District No. 2 recommending appointments. (7) Resolution No. 9,883, with the title being: A RESOLUTION APPOINTING COMMISSIONERS FOR BROADMOOR RECREATION IMPROVEMENT DISTRICT NO. 2 OF LITTLE ROCK, ARKANSAS. (Laura Newell, Eddy Morgan and Elbert Binz appointed; Mike Witherell, Keith Wren, Mike Thomas and Cal Wasson reaffirmed.) (8) Resolution No. 9,884, entitled: A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF LITTLE ROCK TO UTILIZE FEDERAL -AID FUNDING MONIES FOR THE CONSTRUCTION OF IMPROVEMENTS TO UNIVERSITY AVENUE FROM ASHER AVENUE TO 28TH STREET, A 1997 -1999 TIP PROJECT. (9) Resolution No. 9,885, described as: A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF LITTLE ROCK TO UTILIZE FEDERAL -AID FUNDING MONIES FOR THE CONSTRUCTION OF CHICOT ROAD SIDEWALKS FROM MABELVALE CUTOFF TO YARBERRY LANE, A 1997 -1999 TIP PROJECT. (10) Resolution No. 9,886, with the title being: A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF LITTLE ROCK TO UTILIZE FEDERAL -AID FUNDING MONIES FOR THE CONSTRUCTION OF IMPROVEMENTS TO RODNEY PARHAM ROAD FROM HINSON ROAD TO WOODLAND HEIGHTS DRIVE, A 1997 -1999 TIP PROJECT. 622 Minutes January 7, 1997 (11) Resolution No. 9,887, entitled: A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF LITTLE ROCK TO UTILIZE FEDERAL -AID FUNDING MONIES FOR THE CONSTRUCTION OF IMPROVEMENT TO NAPA VALLEY DRIVE FROM BOWMAN ROAD TO HINSON ROAD, A 1997 -1999 TIP PROJECT. (12) Resolution No. 9,888, described as: A RESOLUTION PROVIDING FOR THE INSTALLATION OF FIRE HYDRANTS WITHIN THE CITY OF LITTLE ROCK FOR THE YEAR 1997; AND FOR OTHER PURPOSES. (13) Resolution No. 9,889, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO TRANSFER $202,000 FROM THE 1995 PARKS IMPROVEMENTS ACCOUNT TO THE PARKS PLANNING AND IMPROVEMENTS ACCOUNT FOR CONSTRUCTION OF THE JIMERSON CREEK BICYCLE AND PEDESTRIAN BRIDGE AND AUTHORIZING THE CITY MANAGER TO PAY $108,231.90 TO THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT (AHTD) FOR THE CITY'S 20% MATCH OF ISTEA FUNDS. (14) Resolution No. 9,890, entitled: A RESOLUTION AUTHORIZING THE CENTRAL ARKANSAS LIBRARY TO SELL CERTAIN PROPERTY FOR THE BENEFIT OF THE LIBRARY AND THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. (Property in River Market District: 309 -311 East Markham Street; 317 -319 East Markham Street; and two -level parking deck in Block 36, Original City - amended to sell to Fred Gray instead of Hathaway Group) 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 Abstract of votes of the General Election held November 5, 1996 was received and filed; (2) Resolution No. 9,881 was read and unanimously adopted; (3 and 4) the motions setting the date of hearing for Bella Rosa Partnership on January 21, 1997 were adopted; (5) Resolution No. 9,882 was read in full and unanimously adopted; (6) the report of Commissioners of Broadmoor Recreation Improvement District No. 2 was received and filed; and (7, 8, 9, 10, 11, 12, 13, and 14) Resolutions No. 9,883, 9,884, 9,885, 9,886, 9,887, 9,888, 9,889, and 9,890 were read and unanimously adopted. (Note: Director Kumpuris abstained on Items 3 and 4 setting dates for Bella Rosa public hearings) At the time allotted for Citizen Communications, the first speaker was Mr. Sonny Davis, 208 Tulane, who addressed the Board regarding ACORN concerns regarding injustices done to low and moderate income neighborhoods. He stated that Police Officer Michael Davis shot Andre Wright in the back and also shot him (Sonny Davis) in the back two years ago and he was never punished. The son of National ACORN Board Member Maxine Maxwell was maced, kicked and beaten by Little Rock Police. Low income people had to beg for bus service the second year in a row. Mayor Dailey cautioned Mr. Davis not to personalize his comments. He also talked about CDBG funds for the John Barrow Neighborhood as well as a number of other issues. The next speaker under Citizen Communications was Ms. Rowena Hampton, 9620 Wilderness Road, said ACORN members felt they had waited too long for programs for their children to attend without paying. She demanded that the City provide something constructive for their children to do that does not cost "an arm and a leg." n Minutes January 7, 1997 623 Ms. Angela Johnson, 3006 S. Summit, introduced Ms. Bertha Farmer, 1824 Pulaski Street, who said her son was harassed by the police last night, when he was stopped and searched. She said her son is not a gang member and does not sell crack. She also mentioned the need for new housing for low and moderate income people, and the need for a citizen review committee. Ms. Johnson read a list of things to improve the City. Mr. Charles Austin, 2215 Peyton Street, was the next speaker during Citizen Communications. He had filed a complaint with the Little Rock Police Department Internal Affairs, but it didn't do any good, so he wanted to file the complaint with the Board of Directors. He said after the police officer was shot on Butler Road, the Police surrounded his house the next night, ordered everyone out of his house, told him to get on the ground even though he told them he had had back surgery. One of the officers put him on the ground and handcuffed him very tight. He said the police are out of control. Mayor Dailey asked City Manager Charles Nickerson to get an update for the Board of Directors. The next speaker was Mr. Mark Fijo, 1613 Shumate Drive, who is PTA President at Brady Elementary School, which is located at 7915 West Markham Street. He addressed the needs of the school. Currently there are two "Children Crossing" signs and two 20 MPH signs, but they are very small and are hidden by foliage. The school needs some flashing crossing lights. Mayor Dailey asked City Manager Charles Nickerson to provide a report to the Board. Mr. Michael Daughtery, 2161 S. Martin, urged the Board of Directors to create a Civilian Review Board. The last speaker during Citizen Communications was Mr. Eli El, 3325 Duke Court, who also urged the Board to create a Citizen Review Board. Mayor Dailey stated that at the Agenda Meeting on January 28, 1997, he will present ordinances and other information as to how other cities are operating, dealing with a citizen review process and the Board will set a date for public discussion. (Director Wilson was excused at 7:50 o'clock P.M.) Consideration was then given to Ordinance No. 17,364, 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- 5180 -B - To rezone 1012 Autumn Road from 11R -2" Single Family District to "O- 3" General Office District.) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Hinton, 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 Adcock and Cazort, 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 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 Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. 5 624 Minutes January 7, 1997 Introduced next was Ordinance No. 17,365, described as: 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 -6212 - To rezone 11219 Kanis Road from "R -2" Single Family District to "0-1" Quiet Office District.) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Hinton, 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 Adcock and Cazort, 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 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 Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,366, with the title being: AN ORDINANCE TO AMEND THE MASTER STREET PLAN (15,519) MODIFYING SECTION 6: BICYCLE PLAN AND FOR OTHER MATTERS; (To add Class I, II, and II routes.) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Hinton, 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 Adcock and Cazort, 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 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 Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,367, entitled: AN ORDINANCE PROVIDING FOR A WAIVER OF DRIVEWAY SPACING PROVISIONS OF CHAPTER 30 OF THE CODE OF ORDINANCES FOR A PART OF TRACT 3, MONTCLAIR SUBDIVISION, LOCATED AT 1012 AUTUMN ROAD; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Hinton, 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 Adcock and Cazort, 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 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 :1 Minutes January 7, 1997 625 vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. (Director Wilson was re- enrolled at 8:05 o'clock P.M.) In relation to Items 20 through 23 (see Ordinances 17,368, 17,369, 17,370, and 17,371), Director Adcock asked about the Board's proposal to seek compensation for abandoned right -of -way. A public hearing had been scheduled for this time and place by Resolution No. 9,857, adopted December 17, 1997, on the petition filed by Sandy McMath to vacate and close a portion of North State Street from the dead end of State Street to North Street in the Original City of Little Rock. Attached to the petition was a certified copy of the Plat of Blocks 181 and 183, Original City of Little Rock on file in the Pulaski County Circuit Clerk's Office and a letter from Beach Abstract and Guaranty Company listing the last apparent owners of record to the abutting property. Notice of the public hearing was published in the Daily Record on December 24, 1996 and December 31, 1996. Mayor Dailey declared the public hearing open. City Attorney Tom Carpenter stated the record should reflect that the notice mailed by the applicant listed the date of hearing as January 6, 1997, and that the abutting property owners have waived the requirement for an additional notice in order for the public hearing to proceed. Mr. Sandy McMath explained the proposal, stating that one corner of the street touches the property owned by Davidson Law Firm, and that Mr. Skip Davidson agreed to 72 ft. holdings on both sides. The Ordinance has been revised to close the portion of State Street abutting Lots 1 and 2 of Block 181, and the north 72 feet of Lot 3, Block 183. Regarding the policy to receive compensation for abandoned right -of -way, Director Hodges suggested the Board proceed with the Ordinance without waiting for a decision on compensation since this is not a large scale development. Mayor Dailey declared the public hearing closed and Ordinance No. 17,368, was introduced, described as: AN ORDINANCE VACATING AND CLOSING A PORTION OF NORTH STATE STREET FROM THE DEAD END OF STATE STREET TO NORTH STREET IN THE ORIGINAL CITY OF LITTLE ROCK, ARKANSAS, PURSUANT TO ARK. CODE ANN. SEC. 14 -54 -104 (MICHIE 1987); and there was a first reading of the Ordinance. Director Joyce moved to suspend the rules to provide for the second reading of the Ordinance. The motion was seconded by Director Hinton, and unanimously adopted by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors. Following the second reading of the Ordinance, there was a subsequent motion and second by Directors Joyce and Adcock, respectively, to again suspend the rules and place the Ordinance on third and final reading. The Ordinance was then read the third and last time. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 9,858, adopted December 17, 1997, on the petition filed by Frederick S. Wetzel, III, attorney for CK Partners, to vacate and close the alley running east and west in Block 21, Bellevue Addition to the City of Little Rock. Attached to the petition was a certified copy of the Plat of Block 21, Bellevue Addition on file in the Pulaski County Circuit Clerk's Office, and a letter from Standard Abstract and Title Company listing the last apparent owners of record to the abutting property. Notice of the public hearing was published in the Daily Record on December 24, 1996 and December 31, 1996. Mayor Dailey declared the public hearing open. When no one appeared to speak for or against the issue, the public hearing was declared closed, and Ordinance No. 17,369 was presented, with the title being: 7 626 Minutes January 7, 1997 AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 21 OF BELLEVUE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. There was a motion by Director Hinton, seconded by Director Joyce, to suspend the rules and place the Ordinance on second reading. The motion was adopted by a vote of ten ayes and one no (Director Adcock), being 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 Hinton and Hodges, 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 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 Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 9,859, adopted December 17, 1997, on the petition filed by Dinah Cross, agent for Barnes, Quinn Flake & Anderson Holding Company for James F. Kyser and Kyser Trusts, to vacate and close the alley in Block 9, Pfeifer Addition to the City of Little Rock.. Attached to the petition was a certified copy of the Plat of Block 9, Pfeifer Addition on file in the Pulaski County Circuit Clerk's Office, and a letter from Beach Abstract and Guaranty Company listing the last apparent owners of record to the abutting property. Notice of the public hearing was published in the Daily Record on December 24, 1996 and December 31, 1996. Mayor Dailey declared the public hearing open. When no one appeared to speak for or against the issue, the public hearing was declared closed, and Ordinance No. 17,370 was introduced, with the title being: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 9 OF PFEIFER ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; (Alley abutting Lots 1 through 4, Lots 17 through 20, and the west 49 feet of Lots 5 and 16, Block 9, Pfeifer Addition, at 5326 West Markham Street.) and the Ordinance was read the first time. There was a motion by Director Hinton, seconded by Director Joyce, to suspend the rules and place the Ordinance on second reading. The motion was adopted by a vote of ten ayes and one no (Director Adcock), being two- thirds or more of the members of the Board of Directors, and the second reading of the Ordinance ensued. Director Wyrick questioned Mr. Jim Lawson, Director of Planning and Development, asking what impact the alley closure would have on the Markham Street Corridor. Mr. Lawson stated this was not a true alley because it doesn't go all the way through the block; and Mr. Dickson Flake, applicant, stated this has never been a through alley because it stops at Coleman Creek. There was a subsequent motion and second by Directors Hinton and Hodges, 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 members of the Board of Directors. The Ordinance was then read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Referring to Director Adcock's inquiry about the City of Little Rock receiving compensation for right -of -way abandonments, City Attorney Tom Carpenter noted that Resolution No. 9,882 (Item 5) set the date of hearing on the petition to close Atkins Street and asked if the Board wanted the petitions to keep coming forward. He can probably have the options outlined in a memorandum on Thursday, January 9, 1997. Director Kumpuris asked if it was appropriate for this to start with the Board of Directors or should it start with the Planning Commission. He felt the issue of compensation should start with the Planning Commission. Planning Director Jim Lawson said it would 0 i • _ Minutes January 7, 1997 The next presentation was Resolution No. 9,893, with the title being: RESOLUTION DIRECTING THE CITY MANAGER TO BRING FORTH THE RECOMMENDATIONS OF THE CHENAL PLANNING AND TRAFFIC TASK FORCE; and following the reading of the Resolution, Director Keck moved for its adoption. Director Cazort seconded the motion, and the Resolution was unanimously adopted. Introduced next was Ordinance No. 17,372, described as: AN ORDINANCE CHANGING THE NAME OF THE PERSONNEL DEPARTMENT TO THE HUMAN RESOURCES DEPARTMENT; and the Ordinance was read the first time. Director Joyce 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 eleven 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 eleven in number and two- thirds or more of the members of the Board of Directors, and the third and last reading of the Ordinance ensued. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Wilson - total 10; Noes - Mayor Dailey - total 1; Absent - None. Whereupon, the Ordinance was declared PASSED. Director Adcock brought up the issue of insurance benefits for the spouse of an employee killed in the line of duty, and asked that the issue be placed on the next Agenda for discussion. Director Hodges had a question about the use of revenue bonds as a source of funding for various improvements and asked City Attorney Tom Carpenter and City Manager Charles Nickerson to work together and determine if the City will have to ask for legislative authority under Amendment 65. Director Wilson asked City Attorney Tom Carpenter the status of a proposed Resolution regarding Board Members going into wards without notifying the City Director in that ward. City Manager Charles Nickerson discussed the 1997 City legislative items: changing the gasoline distribution formula; summer playground program; War Memorial Stadium Commission and issues of the Zoo; code enforcement housing issues and the use of a small claims court for nuisance issues; drainage utility issues and the Texas style improvement districts; and expanding Boards and Commissions. Director Hodges wanted to pursue the issue of changing the number of votes required to remove a member of the Airport Commission and to pursue authority to add two members to the Airport Commission. He was advised that the Pulaski County legislative delegation will not support those issues and the other issues are at risk. City Attorney Tom Carpenter said the Little Rock Port Authority needs statutory authority that allows two people to sign checks that are not the two listed in the current statute. The Board agreed to include that in the legislative items. Director Adcock asked City Manager Charles Nickerson for information regarding the territory covered by the northwest police patrol and the southwest police patrol. Director Hinton asked City Manager Charles Nickerson to contact Dr. Roberts of the Little Rock School District about ideas for the use of Stephens School. 10