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HomeMy WebLinkAbout01-21-97630 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas January 21, 1997 - 6:05 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 Hinton, Hodges, Cazort, Keck, Joyce, Wyrick and Kelly, - total 7; Absent - Directors Wilson, Kumpuris and Adcock - total 3. With a quorum present, Mayor Dailey declared the Board of Directors in session and the proceeding of the meeting are recorded as follows: The Invocation was given by Director Hodges, followed by the pledge of Allegiance. Mayor Dailey announced that Item 13 would be deferred and that Item 28 would be considered following the Consent Agenda. Consideration was then given to the Consent Agenda which consisted of the following: (1) Approval of the Minutes of the Board of Directors regular meeting held April 2, 1996 and the reconvened meeting held April 9, 1996. (2) Resolution No 9,894, entitled: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE A PUBLIC UTILITY EASEMENT IN LOT 17 OF THE RIDGE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (February 4,1997.) (3) Resolution No. 9,895, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTACT TO NABHOLTZ BUILDING MANAGEMENT IN THE AMOUNT OF $2,396,165 FOR RENOVATION OF THE TERMINAL BUILDING (500 EAST MARKHAM STREET) FOR THE NEW ARKANSAS MUSEUM OF SCIENCE AND HISTORY. (4) Resolution No. 9,896, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ATLANTIC TECHNOLOGIES, LTD. FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) AERIAL PHOTOGRAPHY AND DATA CONVERSION. (5) Resolution No. 9,897, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH HOMEOWNERSHIP PARTNERS OF ARKANSAS, INC. TO CONSTRUCT, MARKET, AND SELL UP TO SIXTEEN (16) AFFORDABLE HOMES IN THE PARKVIEW HILL SUBDIVISION; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY DOCUMENTS FOR THE SALE OF THE LOTS TO HOMEOWNERSHIP PARTNERS OF ARKANSAS, INC. 1 Minutes January 21, 1997 639 At 9:40 o'clock P.M. the Board of Directors recessed to Executive Session to consider appointments to various Boards and Commissions. The Board reconvened at 10:40 o'clock P.M. with Mayor Dailey presiding and eight Directors present. (Directors Wilson and Wyrick were absent.) Consideration was then given to Resolution No. 9,903, entitled: A RESOLUTION MAKING APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS FOR THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK. (A &P - Dailey and Joyce; Arts & Humanities - Keck and Robertson (Board designee); COPA - Cazort and Wyrick; Domestic Violence - Keck and Kelly; Downtown Partnership - Kelly, Adcock and Kumpuris; Education - Jesse Mason, Jr. (former Board member); PIC - Kelly; Metroplan - Dailey; Judges Retirement - Hodges; Airport - Cazort and Wilson; City Beautiful - Joyce; Civil Service - Hinton; Library - Hinton and Wyrick; Planning - Wyrick; Port - Keck; Sewer - Wilson; Sister Cities - Joyce; CATA - Adcock.) Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Keck, and the Resolution was unanimously adopted. Introduced next was Resolution No. 9,904, described as: A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE ARKANSAS MUSEUM OF SCIENCE AND HISTORY BOARD OF TRUSTEES, ARKANSAS ARTS CENTER BOARD OF TRUSTEES, ARTS AND HUMANITIES PROMOTION COMMISSION, BOARD OF ADJUSTMENT, CENTRAL ARKANSAS LIBRARY SYSTEM BOARD OF TRUSTEES, CENTRAL ARKANSAS TRANSIT AUTHORITY, RACIAL AND CULTURAL DIVERSITY COMMISSION, AND SISTER CITIES COMMISSION. (Arts & Humanities - reappoint Peyton Bishop, Carmen McHaney and Mark Robertson; Arts Center - appoint Gregory Barnes and John Spivey, III; Museum - appoint Jay Heflin; Board of Adjustment - reappoint Michael Hill and appoint Gary Langlais; Library - appoint James McHaney, Jr.; CATA - appoint Harold Boldt; Racial & Cultural - appoint Jerome Ngundue and Andre Guerrero; Sister Cities - reinstate Marion Kahn.) Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Keck, and the Resolution was unanimously adopted. There being no further business to be presented, the Board of Directors adjourned at 10:45 o'clock P.M. to meet again in regular session on Tuesday, February 4, 1997, at 6:00 o'clock P.M. ATTEST: APPROVED: O'c"Al. 9444'ed a. City Clerk Robbie Hancock ayor Jim Dailey 10 Minutes January 21, 1997 6 31. (6) Resolution No. 9,898, described as: A RESOLUTION CONFIRMING THE REAPPOINTMENT OF JOHN D. TONEY, JR. AS A COMMISSIONER OF THE HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK, ARKANSAS. (7) Resolution No. 9,899, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH GRIMES CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $30,842 TO PROVIDE ENGINEERING SERVICES FOR THE RECONSTRUCTION OF SPRINGER BOULEVARD FROM GILLAM PARK ROAD TO THE UNION PACIFIC RAILROAD, AND FOR THE PLATTING OF THREE LOTS ON THE NORTH SIDE OF WEST 23RD STREET EAST OF WALKER STREET FOR THE CONSTRUCTION OF AFFORDABLE HOMES, A 22ND YEAR CDBG PROJECT. (8) Resolution No. 9,900, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BLAYLOCK, THREET, PHILLIPS, AND ASSOCIATES, INC. IN THE AMOUNT OF $49,420 TO PROVIDE ENGINEERING SERVICES FOR THE RECONSTRUCTION OF SCOTT STREET FROM EAST 29TH TO EAST 31ST STREETS, PIGGEE STREET FROM IVES TO DERRICK STREETS, SCHILLER STREET AND SUMMIT STREET FROM WRIGHT AVENUE TO 18TH STREET, AND WEST 18TH STREET, FROM SCHILLER TO SUMMIT STREETS, 21ST AND 22ND YEAR CDBG PROJECTS. (9) Resolution No. 9,901, entitled: A RESOLUTION TO AMEND LITTLE ROCK, ARK., RESOLUTION 9,259, TO AUTHORIZE AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY AND LITTLE ROCK NEWSPAPERS, INC., ON BEHALF OF THE NEW ARKANSAS MUSEUM OF SCIENCE AND HISTORY; AND FOR OTHER PURPOSES. (10) Resolution No. 9,902, with the tittle being: A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENT TO EFFECT THE TRANSFER OF PROPERTY IN THE RIVER MARKET FROM LITTLE ROCK NEWSPAPERS, INC., TO THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. Upon a motion by Director Keck, which was seconded by Director Joyce and unanimously adopted, the Consent Agenda was dispensed with as follows: (1) the Minutes of the Board of Directors regular meeting held April 2, 1996 and the reconvened meeting held April 9, 1996 were approved as written and distributed to the Board of Directors; and (2, 3, 4, 5, 6, 7, 8, 9, and 10) Resolutions No. 9,894, 9,895, 9,896, 9,897, 9,898, 9,899, 9,900, 9,901, and 9,902 were read and unanimously adopted by the Board Members present. (Directors Wilson and Kumpuris enrolled at 6:12 P.M. and Director Adcock enrolled at 6:15 P.M. during the following presentation by Mr. McKenzie.) Item 28 on the Agenda was a proposed Ordinance entitled: AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT FOR THE SALE OF WATER TO THE CITY OF BENTON, ARKANSAS. 2 632 Minutes January 21, 1997 Mr. Jim McKenzie, Executive Director of Metroplan, gave a history of the proposal and the agreement. He said that two years ago the City of Little Rock and other members of Metroplan jointly asked Metroplan to host a regional water discussion that dealt with the joint development of a third fresh water supply for the metropolitan area doing long range planning into the twenty -first century. There was a great interest for jointly dealing with the City of Little Rock as a major water supplier. Director Adcock questioned Mr. Bruno Kirsch, Little Rock Municipal Water Works, about eleven (11) areas within the City limits that are without water service, and asked that the Water Works start preparing to provide water to these areas. She also requested an update before the legislative session ends in case legislation is needed. In response to a question by Director Kumpuris, Mr. Kirsch said the Little Rock Municipal Water Works has an adequate water supply past the year 2030. The Ordinance was deferred to February 4, 1997, and no action was taken. Director Adcock asked that the update be supplied by February 4, 1997 since the Benton Water Agreement will be considered at that meeting. Director Adcock requested that Item 26 be withdrawn, because Volunteers of America is looking at another piece of property. Therefore, the proposed Resolution titled: "A RESOLUTION TO REPEAL LITTLE ROCK, ARK. RESOLUTION NO. 9,719 (JUNE 4, 1996) CONCERNING $462,350 IN HOME PROGRAM FUNDS; AND FOR OTHER PURPOSES" (Volunteers of America - Westside School Site) was withdrawn from the Agenda. Mayor Dailey recognized Little Rock Police Officer Hayward Finks, who had received the "Officer of the Year" award earlier that day by the Greater Little Rock Rotary Club. Director Kumpuris was excused at 6:35 P.M. due to a conflict of interest related to the Bella Rosa Partnership appeals (Items 11 and 12). A public hearing had been scheduled for this time and place by a motion adopted January 7, 1997 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. The appeal was filed by Pat McGetrick on behalf of Vogel Jones Realty. Mr. Jim Lawson, Director of Planning and Development, made a staff presentation, explaining the that the Bella Rose POD request does include office warehouse and mini - warehouses, as well as a larger building that is an industrial warehouse. The POD is located in the transition area of the Highway 10 Land Use Plan, which was adopted May 20, 1986. He explained the purpose of a transition zone in the Highway 10 Plan is to have uses that would be compatible with residential use. He referred to the Upper Rock Creek and Southwest District Plans adopted August 5, 1986. The Upper Rock Creek/Kanis Road transition zone has an entirely different definition because it does not include single - family residential. An error was made in 1992 when an Ordinance was passed to amend Little Rock District and Neighborhood Plans to standardize categories and adopt one ordinance to govern the future land use pattern of Little Rock. The two transition zones were combined into one definition, which caused a lot of confusion. The error changed the whole Highway 10 Plan without anyone knowing. That definition would mean that the whole stretch of Highway 10 can be warehousing, which is not what was the intent. The proposed transition definition contains two transition zones, one being for Highway 10 and one being for Kanis Road. Mr. Lawson stated that what is proposed by Bella Rose does not come anywhere near the Highway 10 Land Use Plan, because it has industrial warehousing, office warehousing, and mini - warehousing which clearly are not compatible with a single - family area. Staff is working on getting the error corrected. He then responded to questions by City Directors. Mr. Lawson said one option would be for the Board to defer this issue until the Planning Commission has resolved the definition of transition zone. He said it is the Board's decision whether the Bella Rose proposal is appropriate for this particular site. The Planning Commission denied it because they felt it was not appropriate. Director Hodges felt the City should abide by what the definition says, but also should close this loophole immediately. Director Adcock was concerned that the neighborhoods were not notified of the public hearing. Mayor Dailey declared the public hearing open at 7:15 3 Minutes January 21, 1997 333 P.M. Mr. David Jones, representing Vogel Jones Realty, spoke in support of the Bella Rosa POD, stating that it absolutely meets the letter and intent of the Land Use Plan and is a quality development. It meets all of the enhanced design criteria. Mr. Gene Pfeifer, 16300 Cantrell Road, which is in the transition zone, spoke in opposition to the POD, stating the Planning Commission denied this application and the Board is not obligated to reverse the Planning Commission's decision. Mr. David Iddings, president of the Westbury Neighborhood Association, spoke in opposition to the POD. Mr. Jones said the POD does meet the Land Use Plan and the transition zone is an appropriate use for mini - warehousing. The project is designed to be esthetically pleasing. Mayor Dailey declared the public hearing closed at 7:48 o'clock P.M. During discussion by the Board, City Attorney Tom Carpenter reminded the Board that the City Zoning Code gives a definition as to what is a Planned Office Development, which includes a statement of purpose and intent for these types of developments. If the Board concludes that this development does not meet that definition, then a denial of this appeal because the Board doesn't believe that the purpose and intent of a Planned Office Development was met is a defensible position. Responding to a question by Director Wyrick, Mr. Lawson said there are no other applications pending under the current definition of transition zone. Director Adcock asked that the ordinance be left on first reading and also requested a meeting of Mr. Jones, Mr. Pfeifer and the Westchester and Westbury Neighborhoods. The proposed Ordinance was then presented, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED BELLA ROSA PARTNERSHIP LONG -FORM POD (Z -6219) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES, LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 10 AND BELLA ROSA ROAD; and the Ordinance was read the first time. There was a motion by Director Keck, seconded by Director Hodges, to suspend the rules and place the Ordinance on second reading. The motion failed by the following roll call vote: Ayes - Directors Hodges, Cazort, Keck, and Wyrick - total 4; Noes - Directors Joyce, Kelly, Adcock, Wilson, Hinton and Mayor Dailey - total 6; Absent - Director Kumpuris - total 1. Therefore, the Ordinance was left on the calendar for second reading on February 4, 1997. Item 12 on the Agenda was a related public hearing which had been scheduled for this time and place by a motion adopted January 7, 1997 on the appeal of the Planning Commission's denial of the Bella Rosa Partnership Preliminary Plat (S- 1117/Z- 6219), for 7.5 acres located at the southwest corner of Hwy. 10 and Bella Rosa Road. The appeal was filed by Pat McGetrick on behalf of Vogel Jones. Mayor Dailey declared the public hearing open. Mr. David Jones of Vogel Jones Realty said it is inappropriate to hold this until the definition of transition zone is changed. (See discussion related to Bella Rosa POD above.) He was assured the Board would not change the rules "in the middle of the stream." Mr. Carpenter said the Board could state its notice that this definition of transition zone may be at risk, and people would proceed at their own risk. Mr. Jones' concern is met that the Board is not going to deny his application because of the definition issue. Mr. Gene Pfeifer urged the Board to be on the side of Highway 10. Directors Hodges and Cazort were in favor of bypassing the Planning Commission and taking action on changing the definition of transition zone and asked for the transition zone Ordinance to be on the next Agenda. Director Hinton urged the Board not to bypass the Planning Commission, since they have already been working on this. The proposed Resolution entitled: "A RESOLUTION RESCINDING THE LITTLE ROCK PLANNING COMMISSION'S ACTION IN DENYING A REQUEST BY BELLA ROSA PARTNERSHIP FOR A PRELIMINARY PLAT FOR 7.5 ACRES LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 10 AND BELLA ROSA ROAD" was deferred to February 4,1997. At 8:20 o'clock P.M. Mayor Dailey declared a ten minute recess. When the Board of Directors reconvened at 8:30, Mayor Dailey presided and nine Directors were present. (Director Wyrick was absent.) E 110 Minutes January 21, 1997 Item 13 on the Agenda was a proposed Ordinance described as: "AN ORDINANCE TO REZONE PROPERTY AT 8701 I -30 FROM "I -2" LIGHT INDUSTRIAL DISTRICT TO "MF -12" MULTIFAMILY DISTRICT." The Ordinance was deferred until a later date. Consideration was then given to Ordinance No. 17,373, entitled: AN ORDINANCE REPEALING ORDINANCE NO. 14,710 AND REVOKING A PLANNED ZONING DISTRICT TITLED CEDAR BRANCH PHASE II PRD LONG -FORM PRD (Z -4250) ON FAIRVIEW ROAD IN THE 11800 BLOCK, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Joyce, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being 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 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 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 Hodges, Cazort, Keck, Joyce, Kumpuris, Kelly, Adcock, Wilson, Hinton and Mayor Dailey - total 10; Noes - None; Absent - Director Wyrick - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,374, described as: AN ORDINANCE REPEALING ORDINANCE NO. 14,773 AND REVOKING A PLANNED ZONING DISTRICT TITLED BOATHOUSE LONG - FORM PCD (Z -4331) AT 2000 CANTRELL ROAD, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Joyce, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being 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 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 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 Hodges, Cazort, Keck, Joyce, Kumpuris, Kelly, Adcock, Wilson, Hinton and Mayor Dailey - total 10; Noes - None; Absent - Director Wyrick - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,375, with the title being: AN ORDINANCE REPEALING ORDINANCE NO. 15,797 AND REVOKING A PLANNED ZONING DISTRICT TITLED RIVER COVE OFFICE SHORT -FORM PCD (Z- 4331 -A) AT 2000 CANTRELL ROAD, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Joyce, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being 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 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 E Minutes January 21, 1997 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 Hodges, Cazort, Keck, Joyce, Kumpuris, Kelly, Adcock, Wilson, Hinton and Mayor Dailey - total 10; Noes - None; Absent - Director Wyrick - total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,376, entitled: AN ORDINANCE REPEALING ORDINANCE NO. 14,894 AND REVOKING A PLANNED ZONING DISTRICT TITLED ALDERSGATE /KANIS APARTMENTS LONG -FORM PRD (Z -4403) AT 1200 THROUGH 1600 ALDERSGATE ROAD, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Joyce, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being 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 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 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 Hodges, Cazort, Keck, Joyce, Kumpuris, Kelly, Adcock, Wilson, Hinton and Mayor Dailey - total 10; Noes - None; Absent - Director Wyrick - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,377, described as: AN ORDINANCE REPEALING ORDINANCE NO. 15,480 AND REVOKING A PLANNED ZONING DISTRICT TITLED HILARO SPRINGS APARTMENTS SHORT -FORM PRD (Z -4986) AT 9400 HILARO SPRINGS ROAD, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Joyce, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being 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 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 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 Hodges, Cazort, Keck, Joyce, Kumpuris, Kelly, Adcock, Wilson, Hinton and Mayor Dailey - total 10; Noes - None; Absent - Director Wyrick - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,378, with the title being: AN ORDINANCE REPEALING ORDINANCE NO. 16,193 AND REVOKING A PLANNED ZONING DISTRICT TITLED MOTT APARTMENTS SHORT -FORM PRD (Z -5538) AT 5616 WEST 28TH STREET, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Joyce, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being 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 2 636 Minutes January 21, 1997 Directors Adcock 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 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 Hodges, Cazort, Keck, Joyce, Kumpuris, Kelly, Adcock, Wilson, Hinton and Mayor Dailey - total 10; Noes - None; Absent - Director Wyrick - total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,379, entitled: AN ORDINANCE REPEALING ORDINANCE NO. 16,249 AND REVOKING A PLANNED ZONING DISTRICT TITLED PARK LANE SHORT - FORM PRD (Z -5559) AT THE NORTHEAST CORNER OF EAST 15TH STREET AT PARK LANE, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Joyce, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being 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 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 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 Hodges, Cazort, Keck, Joyce, Kumpuris, Kelly, Adcock, Wilson, Hinton and Mayor Dailey - total 10; Noes - None; Absent - Director Wyrick - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,380, described as: AN ORDINANCE REPEALING ORDINANCE NO. 16,289 AND REVOKING A PLANNED ZONING DISTRICT TITLED CHENAL MINI - STORAGE SHORT -FORM PCD (Z -5600) AT THE NORTHEAST CORNER OF STATE HIGHWAY 10 AT CHENAL PARKWAY, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Joyce, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being 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 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 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 Hodges, Cazort, Keck, Joyce, Kumpuris, Kelly, Adcock, Wilson, Hinton and Mayor Dailey - total 10; Noes - None; Absent - Director Wyrick - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,381, with the title being: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF DRIVEWAY SPACING PROVISIONS FOR AUTUMN ROAD PROFESSIONAL BUILDING LOCATED AT 904 AUTUMN ROAD; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Joyce, to suspend the rules and place the Ordinance on second VA Minutes January 21, 1997 337 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 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 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 Hodges, Cazort, Keck, Joyce, Kumpuris, Kelly, Adcock, Wilson, Hinton and Mayor Dailey - total 10; Noes - None; Absent - Director Wyrick - total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,382, entitled: AN ORDINANCE TO AMEND THE CITY MASTER STREET PLAN (15,519) TO ADD A COLLECTOR BETWEEN FINANCIAL CENTER PARKWAY AND KAKIS, EAST OF AUTUMN ROAD, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Joyce, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being 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 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 passage of the Ordinance as follows: Ayes - Directors Hodges, Cazort, Joyce, Kumpuris, Kelly, Adcock, Hinton and Mayor Dailey - total 8; Noes - Directors Keck and Wilson - total 2; Absent - Director Wyrick - total 1. Therefore, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 9,992, adopted January 7, 1997, on the petition filed by Pat McGetrick on behalf of Ramsey Ball and Grey Rock Properties, et al. to vacate and close a portion of Atkins Street between Chenal Parkway and the north line of Tract 8, Hillvale Addition. Notice of hearing was published in the Daily Record on January 14, 1997 and January 21, 1997. Attached to the petition was a certified copy of the plat of Hillvale Addition on file the Pulaski County Circuit Clerk's Office and a letter from Lenders Title Company listing the last apparent owners of record to abutting property. The Planning Commission recommended approval of the closure on November 21, 1996. Mayor Dailey declared the public hearing open. When no one appeared to speak either for or against the closure, Mayor Dailey closed the public hearing, and Ordinance No. 17,383 was introduced, described as: AN ORDINANCE VACATING AND CLOSING A PORTION OF ATKINS STREET BETWEEN CHENAL PARKWAY AND THE NORTH LINE OF TRACT 8, HILLVALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. Director Adcock moved to suspend the rules to provide for the second reading of the Ordinance. The motion was seconded by Director Keck, 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, the rules were again suspended and the Ordinance placed on third and final reading, upon a motion and second by Directors Adcock and Wilson, respectively, which was unanimously adopted by the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. 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 Hodges, Cazort, Keck, Joyce, • • Minutes January 21, 1997 Kumpuris, Kelly, Adcock, Wilson, Hinton, and Mayor Dailey - total 10; Noes - None; Absent - Director Wyrick - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,384, with the title being: AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE CITY OF LITTLE ROCK, ARKANSAS, AND MAKING SAME A PART OF THE CITY OF LITTLE ROCK; (Wellington Village Annexation - 144.743 acres located north of Chenal Parkway and just west of the terminus of Governors Road.) and there was a first reading of the Ordinance. Director Keck moved for the suspension of the rules to provide for the second reading of the Ordinance. The motion was seconded by Directors Joyce, and adopted by a vote of nine ayes and one no (Director Wilson), 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 Keck and Cazort, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was adopted by a vote of nine ayes and one no (Director Wilson), being 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 Hodges, Cazort, Keck, Joyce, Kumpuris, Kelly, Adcock, Wilson, Hinton, and Mayor Dailey - total 10; Noes - None; Absent - Director Wyrick - total 1. Therefore, the Ordinance was declared PASSED. Item 27 on the Agenda was a proposed Resolution entitled: "A RESOLUTION AUTHORIZING THE USE OF SOLID WASTE ENTERPRISE FUND RESERVES FOR ADDITIONAL GARBAGE CARTS." Director Keck moved "to direct the City Manager to take bids to purchase 1500 additional garbage carts and to return to the Board of Directors with the funding mechanism." Director Kelly felt this is a bad policy and sends the wrong message. We need to encourage recycling. (See page 7 of Minutes of December 3, 1996, Ordinance No. 17,334, which provided for one additional container at no charge. After second container, there will be a charge of $7.00 for a minimum of three months. Director Adcock questioned if there was a clincher, but Minutes do not reflect a clincher.) The motion was seconded by Director Cazort and adopted by the following roll call vote: Ayes - Directors Hodges, Cazort, Keck, Kumpuris, Wilson, Hinton, and Mayor Dailey - total 7; Noes - Directors Joyce, Kelly, and Adcock - total 3; Absent - Director Wyrick - total 1. Therefore, the proposed Resolution was not presented. At the time allotted for Citizen Communications, the first speaker was Mr. Harold Webster Moses, Jr. who asked the Board of Director to comply with the wishes of ACORN. The next speaker under Citizen Communications was Mr. Chris Mahammad, 821 West 14th Street, who petitioned the Board for a Citizens Review Board. Also speaking in support of the need for a Citizens Review Board were Ella McFadden and Gralon McFadden, 1323 Schiller St.; and Stephanie Johnson. Mrs. Leta Anthony, 3316 Dorset Dr. addressed the Board of Directors regarding the need for a Citizen Review Board. She said Kevin Williams, James Harris, and Gary McFadden are the names of African Americans who lives were taken under questionable circumstances by the Little Rock Police Department. Also speaking during Citizen Communications was Mr. Willie McFadden, Jr., who said the way Gary McFadden died was unpardonable and the City should be financially responsible for his death. City Manager Charles Nickerson reported that at the last Board Meeting Mrs. Bertha Farmer reported that her son was harrassed by the Police, but that incident actually occurred in the City of North Little Rock. 0