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HomeMy WebLinkAbout02-02-93Board of Directors Chamber Little Rock, Arkansas February 2, 1993 - 6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Priest, Roy, Sharp, Lewellen, Mason and Adcock - total 6; Absent - None. With a quorum present, Mayor Dailey declared the Board of Directors in session. The Invocation was given by Director Roy, followed by the Pledge of Allegiance. The Consent Agenda was the first presentation, consisting of the following items: (a) The Minutes of the Board of Directors regular meeting held January 5, 1993, and the reconvened meeting held January 7, 1993. (b) Resolution No. 8,860, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF COMPACT SEDANS, MID- SIZE PICKUP TRUCKS, FULL SIZE PICKUP TRUCKS, A 3/4 TON PICKUP TRUCK, AND A 1 -TON TRUCK WITH UTILITY BODY FOR THE DEPARTMENT OF GENERAL SERVICES /FLEET SERVICES DIVISION. (c) Resolution No. 8,861, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE CONTRACT WITH PREFERRED VISION CARE FOR OPTICAL INSURANCE FOR NON -UNION EMPLOYEES FOR A ONE YEAR PERIOD EFFECTIVE MARCH 1, 1993. (d) Resolution No. 8,862, described as: A RESOLUTION OF INTENT OF THE CITY OF LITTLE ROCK TO CONSTRUCT A NEW LANDFILL; TO COOPERATE WITH THE PULASKI COUNTY REGIONAL SOLID WASTE MANAGEMENT DISTRICT; TO COMPLY WITH ACT 752 OF 1991; AND FOR OTHER PURPOSES. (e) Resolution No. 8,863, entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF ARKANSAS AEROSPACE, INC. TO PARTICIPATE IN THE ARKANSAS ENTERPRISE. ZONE PROGRAM. (Located at 2400 David Grundfest, Jr. Drive.) (f) Resolution No. 8,864, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR CONSTRUCTION OF AN AFFORDABLE HOME ON A CITY -OWNED LOT AT 1103 DENNISON STREET WHICH IS IN A DESIGNATED "MODEL BLOCK ". (Joe Anderson Construction Co. - not to exceed $40,250.00.) By a motion from Director Priest, seconded by Director Lewellen, which was unanimously adopted, the Consent Agenda was dispensed with as follows: (a) The Minutes of the regular meeting held January 5, 1993, and the reconvened meeting held January 7, 1993, were approved as written and distributed to members of the Board of Directors; and (b, c, d, e, and f) Resolutions No. 8,860, 8,861, 8,862, 8,863 and 8,864 were read in full and adopted by unanimous voice vote of the Board Members present. 1 250 Minutes February 2, 1993 At the time allotted for Citizens Communication, three citizens addressed the Board of Directors regarding a situation in the Yorkwood Subdivision. The first speaker was Mr. Mike Chastain, 6810 Guinevere Drive, representing the Yorkwood residents. He addressed the Board regarding a problem encountered that involves a multiplicity of state and federal organizations, and asked for Board support and investigation in bringing the powers of the City to bear on what they consider a deficiency in payments of disability and social security to a family. He then introduced Mrs. Roberta Peterson, 10809 Gallahad Drive, who lives next door to the family. Ms. Peterson stated the Hunt family (13 children and 6 adults) moved next door at 10815 Gallahad Drive in October, 1992. Mrs. Peterson reported that Mr. Hunt had terrorized her and made death threats to her and her husband. And the whole neighborhood has been terrorized. She had witnessed emotional and physical abuse to the children. She stated she had called DHS numerous times and SCAN has also been notified. On October 30, 1992, the 15 year old daughter came to use her telephone and reported that her 37 year old uncle was sexually abusing her. The children have been seen on the street corner without coats or shoes. Mrs. Peterson said the family members are all on mental or physical disability and receive over $100,000 annually. The police have been to this house and their previous residence 107 days and the investigation has been going on for two years. Her closing statement was: "The child abuse has continued too long; the abuse of the neighborhood has continued too long; I have been abused too long. Please, please help us." Mr. Chastain then stated that his research showed that federal funds coming from Social Security into the house are monitored by a state agency, DHS. If DHS determines that abuse has occurred, the children will be removed. Until DHS makes that determination the money continues to flow into the home to the children. The checks are mailed to the children in the name of a payee, Mr. William Hunt. Mr. Hunt is in jail, but the checks are collected and taken to him at the jail, where he signs them. We have a serious problem with a federal agency sending money to a family of 19, but a state agency overseeing whether or not the money is spent properly. "Does the City have a role to play in this? That's for you to decide. We have pointed out some things we know to be true and they are a matter of police record." Mayor Dailey asked City Manager Charles Nickerson to work with the Police Department and the City Attorney to determine what the City's role is. Director Priest stated she had been involved with this for several months, and at one time thought the situation was taken care of but it has not been. We need to get better cooperation with other agencies. City Attorney Tom Carpenter said the Social Security law was amended to preclude anyone in jail from receiving social security benefits of any nature and we can contact the Social Security Administration, if that is happening. He also said there are problems with declaring this a nuisance, because if the City shuts down a house and displaces people that are receiving some sort of assistance, then the City has an obligation to relocate them and pay for the relocation. However, the City can enforce the zoning ordinances. Director Priest said she had a meeting with officials of the Police Department, Codes, and the City Attorney's Office, and they are doing what they can, but there's got to be a way to break through this. City Manager Charles Nickerson stated that possibly his office could create some dialogue with DHS. Mayor Dailey asked him to report back to Board Members. Ms. Shirley B. Atkins, 10527 Warren Drive, urged the Board of Directors to get something done to rid the Yorkwood neighborhood of this situation. The next issue addressed under Citizens Communication was the proposed closing of Wilson Street. Mrs. Sherry Hoover, 2111 Nichols Street, stated that the Baptist Medical Center has bought property in her area and plans to close Wilson Street. There are 2 �i l� Minutes February 2, 1993 25 three (3) access roads from her area onto Kanis Road, but Wilson Road is the safest way out of the area. Traffic on Aldersgate Road can't turn left onto Kanis Road and there are a lot of accidents at Junior Deputy Road and Kanis Road so Wilson Road needs to remain open. She had been told that Ju, nior Deputy Road is supposed to be widened and wanted to know how far. Also the area on Wilson Road is very trashy, sometimes trash is not picked up for months. Mayor Dailey asked City Manager Charles Nickerson to investigate these matters and get back with Mrs. Hoover. Mr. Rocky Herman, representing the John Barrow Neighborhood, thanked Director Roy for his efforts in getting 28th Street opened, stating the Corps of Engineers will open the street in the next day or so, but the street should have been opened six months ago. He stated there is a serious traffic problem in the John Barrow area. He had requested a four -way stop sign at Archwood and Boyle Park Road, but had not received any feedback. He said 36th Street is closed and he didn't know when it would be opened, but stop signs are needed at Asher Avenue to relieve the traffic pressure. He said it was very poor planning to close 28th Street and 36th Street at the same time. He closed by stating that there is a serious crime problem with a lot of people shooting pistols in the area. Mr. Harold Medlock, 3400 Walker, also addressed the Board concerning problems in the John Barrow area. He said the Police Department has been of no use, because the residents have pointed out certain houses as trouble areas and they are still there. There are numerous cars in the area without tags. Youths get kicked out of school with no place to go and vandalism increases. Mayor Dailey advised Mr. Medlock that Director Priest is working with churches to come up with some methodology for places where youth can be taken that are not in school for whatever reason. He also stated that the crack house elimination program will be announced in a couple of weeks. Mayor Dailey asked Police Chief Caudell to get with Mr. Medlock and Mr. Herman with his thoughts on ways that the Police Department can help and to follow up on specific allegations. Director Roy asked Mr. Medlock to provide Board Members with a list of houses or cars, etc. in order to get action started. Directors Lewellen and Mason asked Mr. Medlock if he had contacted schools in the area and Mr. Medlock said he had talked to a truancy officer, but there is nothing they can do. Ms. Carolyn Hiteman of the John Barrow Neighborhood Association, stated members of the Association never receive response to their calls to the Mayor and Board Members. Mayor Dailey advised her to put complaints in writing and send them to the City Manager's Office. Consideration was then given to a proposed Ordinance entitled: AN ORDINANCE ESTABLISHING A DESIGN OVERLAY DISTRICT FOR THE CHENAL /FINANCIAL CENTER PARKWAY URBAN CORRIDOR PURSUANT TO THE DESIGN OVERLAY AUTHORITY OF CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND DECLARING AN EMERGENCY. and the Ordinance was read the third time, having been read the first and second times on December 15, 1992, and January 19, 1993, respectively. Mr. Victor Fleming, an attorney representing property owners fronting on Chenal Parkway, who were represented by Jim Laslie at previous meetings, addressed the Board and "focused in on facts concerning the dates of actions that will be determinative in what may be litigation which would declare this Ordinance to be a confiscatory Ordinance." He concluded his presentation by saying his clients want to file suit for just compensation if this Ordinance is passed, but it would be a lot easier for the Board of Directors to defeat the Ordinance. Mr. Bill Spivey, attorney for the I -630 to Highway 10 Property Owners Road Improvement District (popularly known as the Chenal Parkway Improvement District), stated that about 1 -1/2 years ago when the 3 252 Minutes February 2, 1993 City announced plans to develop an overlay district for Chenal /Financial Center Parkway, the Commissioners of the Improvement District authorized him to meet with any interested property owners to come up with a plan that would meet the City's policy objectives and be palatable or acceptable to property owners. This plan is the product of those meetings. After further comments, he closed by urging the Board, if it feels compelled to adopt the plan, to implement the plan consistently. Mr. David Jones, Vogel Realty, representing 12 property owners on Highway 10, gave a brief history of overlay zones. He urged that the requirements of the overlay plans be applied consistently on all scenic corridors. Mr. Dickson Flake, representing the Catholic Dioceses of Little Rock, which owns property on Chenal Parkway, said he was not advocating or opposing the plan. Mr. Jim Lawson, Director of the Department of Neighborhoods and Planning, then made a background presentation of the design overlay plan and responded to questions by Board Members. Following the lengthy discussion, there was a motion by Director Priest, seconded by Director Lewellen, to table the Ordinance until a policy decision is made on the overlay concept. The motion was unanimously adopted by the Board members present. Therefore, the vote on the passage of the Ordinance was not taken and the Ordinance was tabled until an overlay concept policy decision is made. Zoning Application Z- 4336 -J from Bill Bogle for Arkansas Children's Hospital to rezone Lots 1 through 9, 11 and 12 of Block 9, and Lots 1 and 7 through 12 of Block 20, Marshall & Wolfe's Addition to the City of Little Rock, was introduced. The Planning Commission approved the application on January 5, 1993. No opposition was presented and Ordinance No. 16,346 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- 4336 -J - To rezone various properties on West loth Street, Summit Street, Maryland Street, Battery Street, Wolfe Street, West 11th Street and West 12th Street from 11R -3" Single- family, "R -4" Two- family, "R -5" Urban Residence, "R -6" High -rise Apartment, 110-3" General Office and 11I -2" Light Industrial Districts to 110-2" Office and Institutional District for Arkansas Children's Hospital.) and after the first reading of the Ordinance, there was a motion by Director Priest, seconded by Director Roy, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance followed by a subsequent motion by Directors Priest and Adcock, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of -� Directors- elect, and the third and last reading of the Ordinance ensued. The Aye and No Vote taken on passage of the Ordinance received the following response: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. 4 Minutes February 2, 1993 253 The next presentation was Ordinance No. 16,347, described as: AN ORDINANCE AMENDING THE I -430 DISTRICT PLAN, CHANGING AN AREA BETWEEN BOWMAN ROAD AND AUTUMN ROAD, NORTH OF KANIS ROAD FROM MULTIFAMILY TO MIXED USE AND SOUTH OF KANIS FROM NEIGHBORHOOD COMMERCIAL TO MIXED OFFICE COMMERCIAL. and after the first reading of the Ordinance, there was a motion by Director Priest, seconded by Director Roy, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present being seven in number and two - thirds or Directors - elect. There followed by a subsequent respectively, to further Ordinance on third and unanimous adoption by the number and two - thirds or Directors - elect, and the ensued. The Aye and No received the following re Lewellen, Mason, Mayor D total 7; Noes - None; Ab declared PASSED. more of the members of the Board of was a second reading of the Ordinance motion by Directors Priest and Adcock, suspend the rules and place the final reading. The motion received Board Members present, being seven in more of the members of the Board of third and last reading of the Ordinance Vote taken on passage of the Ordinance sponse: Ayes - Directors Roy, Sharp, ailey, Directors Adcock and Priest - sent - None. The Ordinance was then Consideration was then given to Zoning Application Z -5629, filed by Larry Knox for Patrick E. Malstrom and Danny W. White, to rezone 11,610 Kanis Road at Autumn Road from "R -2" Single - family District to 110-3" General Office District. The Planning Commission approved the reclassification on January 5, 1993. No one was present to speak in opposition to the reclassification and Ordinance No. 16,348 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 -5629 - To rezone 11,610 Kanis Road, described as Tract 3, except the north 212 feet thereof, of Montclair Subdivision, from "R -2" Single- family District to 110-3" General Office District.) and after the first reading of the Ordinance, there was a motion by Director Priest, seconded by Director Roy, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or Directors - elect. There followed by a subsequent respectively, to further Ordinance on third and unanimous adoption by the number and two - thirds or Directors - elect, and the t ensued. The Aye and No received the following re Lewellen, Mason, Mayor D total 7; Noes - None; Ab declared PASSED. more of the members of the Board of was a second reading of the Ordinance motion by Directors Priest and Adcock, suspend the rules and place the final reading. The motion received Board Members present, being seven in more of the members of the Board of hird and last reading of the Ordinance Vote taken on passage of the Ordinance sponse: Ayes - Directors Roy, Sharp, ailey, Directors Adcock and Priest - sent - None. The Ordinance was then The next presentation was Zoning Application Z -5647 filed by John E. Isom, Jr., owner, to reclassify 923 South Taylor from "R- 3" Single - family District to "C -3" General Commercial District. The Planning Commission approved the rezoning on January 5, 1993. No one opposed the reclassification and Ordinance No. 16,349, was presented, entitled: 5 254 t t. Minutes February 2, 1993 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; (2-5647 - To rezone 923 South Taylor Street, described as Lot 71 Block 6, Perry Heights Addition, from "R -3" Single- family District to "C -3" General Commercial District.) and after the first readin by Director Priest, secor rules and place the Ordina unanimously adopted by the number and two - thirds or Directors - elect. There w followed by a subsequent i respectively, to further Ordinance on third and unanimous adoption by the number and two - thirds or Directors - elect, and the t ensued. The Aye and No N received the following re Lewellen, Mason, Mayor D; total 7; Noes - None; Ab declared PASSED. g of the Ordinance, there was a motion ided by Director Roy, to suspend the nce on second reading. The motion was Board Members present, being seven in more of the members of the Board of as a second reading of the Ordinance notion by Directors Priest and Adcock, suspend the rules and place the final reading. The motion received Board Members present, being seven in more of the members of the Board of hird and last reading of the Ordinance 'ote taken on passage of the Ordinance sponse: Ayes - Directors Roy, Sharp, Ailey, Directors Adcock and Priest - sent - None. The Ordinance was then Introduced next was Ordinance No. 16,350, described as: 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; (Pfeifer Annexation - 8.86 acres at the southeast corner of Chenal Parkway and Kanis Road.) and after the first readin by Director Priest, seco rules and place the Ordina unanimously adopted by the number and two - thirds or Directors - elect. There followed by a subsequent respectively, to further Ordinance on third and unanimous adoption by the number and two - thirds or Directors - elect, and the ensued. The Aye and No received the following re Lewellen, Mason, Mayor D total 7; Noes - None; Ab declared PASSED. g of the Ordinance, there was a motion nded by Director Roy, to suspend the nce on second reading. The motion was Board Members present, being seven in more of the members of the Board of was a second reading of the Ordinance motion by Directors Priest and Adcock, suspend the rules and place the final reading. The motion received Board Members present, being seven in more of the members of the Board of third and last reading of the Ordinance Vote taken on passage of the Ordinance sponse: Ayes - Directors Roy, Sharp, ailey, Directors Adcock and Priest - sent - None. The Ordinance was then The next presentation was a proposed Ordinance entitled: AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH HERITAGE COMMUNICATIONS, INC. FOR THE PURCHASE OF EQUIPMENT AND SOFTWARE TO UPGRADE THE CITY TELEPHONE SYSTEM, FOR THE DEPARTMENT OF GENERAL SERVICES; and after the first reading of the Ordinance, there was a motion by Director Priest, seconded by Director Roy, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. After the second reading of the Ordinance, Director Sharp asked questions of Staff then requested that the 51 Minutes February 2, 1993 255 Ordinance be left on second reading. Therefore, the proposed Ordinance was left on the calendar for third and final reading on February 16, 1993. Consideration was then given to Ordinance No. 16,351, entitled: AN ORDINANCE CONFIRMING MATTERS PERTAINING TO INDUSTRIAL DEVELOPMENT REVENUE BONDS PREVIOUSLY AUTHORIZED FOR R &G SLOANE MANUFACTURING COMPANY, INC.; AMENDING ORDINANCE NO. 16,259 IN CONNECTION THEREWITH; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; and the Ordinance was read the first time. There was a motion and second by Directors Priest and Roy, respectively, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance followed by a subsequent motion by Director Priest, seconded by Director Adcock, to again suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The Aye and No Vote taken on passage of the Ordinance received the following response: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 8 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was then declared PASSED. Ordinance No. 16,352 was the next presentation, described as: AN ORDINANCE CONDEMNING CERTAIN STRUCTURES IN THE CITY OF LITTLE ROCK AS STRUCTURAL, FIRE AND HEALTH HAZARDS; PROVIDING FOR SUMMARY ABATEMENT PROCEDURES; DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID STRUCTURES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and after the first reading of the Ordinance, there was a motion by Director Priest, seconded by Director Roy, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance followed by a subsequent motion by Directors Priest and Adcock, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The Aye and No Vote taken on passage of the Ordinance received the following response: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 5 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was then declared PASSED. 7 256 Minutes February 2, 1993 Introduced next was Ordinance No. 16,353, with the title being: AN ORDINANCE AMENDING CHAPTER 12 OF THE LITTLE ROCK CODE OF ORDINANCES, PROVIDING FOR THE ADOPTION BY REFERENCE OF THE 1991 STANDARD FIRE PREVENTION CODE WITH ARKANSAS AMENDMENTS AND 1992 REVISIONS AND THE 1991 STANDARD BUILDING CODE WITH ARKANSAS AMENDMENTS AND 1992 REVISIONS, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES; and after the first reading of the Ordinance, there was a motion by Director Priest, seconded by Director Roy, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance followed by a subsequent; motion by Directors Priest and Adcock, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The Aye and No Vote taken on passage of the Ordinance received the following response: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was then declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 8,857 and notice thereof duly published on January 26, 1993 and February 2, 1993, on the petition filed by Mr. Pat Matthews of the Mehlburger Firm on behalf of James F. Kyser, Riley Company, and Retirement Center Associates to vacate and close a portion of Riley Drive in the City of Little Rock. 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 Beach Abstract & Guaranty Company, listing the last owners of record to abutting property. Mayor Dailey declared the public hearing open; Mr. Pat Matthews spoke on behalf of the applicants; Mayor Dailey closed the public hearing, and Ordinance No. 16,354 was presented, with the title being: AN ORDINANCE ABANDONING AND CLOSING A PORTION OF RILEY DRIVE IN THE CITY OF LITTLE ROCK, ARKANSAS; (Closing the east portion of Riley Drive, beginning at the west line of Tracts C -1 -R and C -2 -R of Riley's Replat of Tract C, Kellwood Subdivision.) and the Ordinance was read the first time. There was a motion by Director Lewellen, seconded by Director Priest, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Priest and Lewellen, 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 seven in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. The Aye and No Vote taken on passage of the Ordinance received the 8 Minutes February 2, 1993 25 following response: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. The last matter to be considered was Ordinance No. 16,355, which did not appear on the Agenda but was added by general consent of the Board (see Minutes of January 27, 1993, for request by Mr. Keith Jones), with the title being: AN ORDINANCE TO APPROPRIATE FUNDS TO THE CENTRAL ARKANSAS y TRANSIT AUTHORITY IN ORDER TO QUALIFY FOR MATCHING FUNDS FOR PARATRANSIT SERVICES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time, followed by a motion from Director Priest to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Sharp and adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. The rules were again suspended and the Ordinance placed on third and final reading by a motion from Director Lewellen, seconded by Director Mason, and adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the third and last time. The Aye and No Vote taken on the question, Shall the Ordinance pass, is recorded as follows: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 2 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was then declared PASSED. There being no further business to be presented, the Board of Directors adjourned at 7:50 o'clock P.M. to meet again in regular session on Tuesday, February 16, 1993, at 6:30 o'clock P.M., immediately following the public hearing on the Highway 10 Land Use Plan scheduled for 5:30 to 6:30 P.M. ATTEST: _® APPROVED: aUc� City Clerk Robbie Hancock Mayor Jim Dailey 7 r`