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HomeMy WebLinkAbout04-03-12Little Rock Board of Directors Meeting April 3, 2012 6:00 PM Little Rock Board of Directors Meeting April 3, 2012 6:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in a regular meeting with Mayor Mark Stodola presiding. City Clerk Susan Langley called the roll with the following Directors present: Hendrix; Richardson; Hurst; Cazort; Hines; Wright; Wyrick; Fortson; Adcock; Vice Mayor Kumpuris and Mayor Stodola. Director Doris Wright delivered the invocation, which was followed by the Pledge of Allegiance. PRESENTATION Mayor's Youth Council Leadership Class Presentation ADDITIONS M -1 PROCLAMATION: Of the Certification of Election results of the Special Election held in the City of Little Rock, Arkansas, on March 13, 2012, on the proposed refunding of outstanding Library Construction and Improvement Bonds, the issuance of new Library Construction and Improvement Bonds and the Levy of an Ad Valorem Tax. For: 4,549 Against: 699 M -2 RESOLUTION NO. 13,482: To authorize the City Manager to execute an agreement with Century 21 United for real estate marketing and sales services in exchange for a 4% sales commission not to exceed $12,000.00 for each property sold in furtherance of the City's Federally- Funded Housing Programs; and for other purposes. Staff recommends approval. Synopsis: In an to effort to maximize the City's revitalization efforts, staff would like to execute an agreement with Century 21 United, to provide Real Estate Marketing and Sales Services in exchange for a 4% Sales Commission not to exceed $12,000 for each property sold. Century 21 United is to provide detailed, accurate and extensive real estate services, which will increase the marketability of prospective properties to be sold in furtherance of the City of Little Rock's Federally- Funded Housing Programs. Director Cazort made the motion, seconded by Director Richardson, to add Items M -1 and M -2 the Consent Agenda. By unanimous voice vote of the Board Members present, Items M -1 and M -2 were added to the Consent Agenda. CONSENT AGENDA (Items 1 — 5 and Items M -1 & M -2) 1. RESOLUTION NO. 13.477: To authorize the City Manager to enter into a contract with Doron Precision Systems, Inc., for the purchase of a driver training simulator system to be installed at the Little Rock Fire Training Academy; and for other purposes. Staff recommends approval. Little Rock Board of Directors Meeting April 3, 2012 6:00 PM Synopsis: The Little Rock Fire Department is requesting approval to authorize the City Manager to enter into a contract with Doron Precision Systems, Inc., for the purchase of a Driver Training Simulator System to be installed at the Little Rock Fire Training Academy. 2. RESOLUTION NO. 13,478: To authorize the City Manager to enter into a contract with Landers Dodge Jeep, in the amount of $90,696, for the purchase of vehicles for the Little Rock Fire Department, utilizing the Arkansas State Purchasing Contract; and for other purposes. Staff recommends approval. (Funding from the 2012 518 -Cent Sales Tax) Synopsis: Approval of a resolution authorizing the City Manager to enter into a contract with Landers Dodge Jeep in the amount of $25,221.00 to purchase one (1) Dodge Durango and $21,825.00 each for three (3) Dodge Ram 1500 Pickup Trucks, for a total of $90,696.00, for the Little Rock Fire Department, utilizing the Arkansas State Purchasing Contract. 3. RESOLUTION NO. 13,479: To extend the current contract with Lincoln Financial Services to provide long -term disability insurance for Non - Uniform City Employees for two (2) years effective May 1, 2012; and for other purposes. Staff recommends approval. Synopsis: Lincoln Financial Services, the incumbent provider of long -term disability insurance coverage for Non - Uniform City Employees, has offered a renewal quote. The change in premium is much less than justified by group utilization. The renewal rate offered is less than the next lowest quote received in response to the most recent request for proposal and is guaranteed for two (2) years. 4. RESOLUTION NO. 13,480: To authorize the City Manager to enter into a contract with Landers Harley Davidson to purchase eight (8) pursuit -rated motorcycles for the Little Rock Police Department; and for other purposes. Staff recommends approval. (Funding from the 2012 518 -Cent Sales Tax) Synopsis: Approval of a resolution authorizing the City Manager to enter into a contract with Landers Harley Davidson to purchase eight (8) pursuit -rated motorcycles for the Little Rock Police Department. 5. RESOLUTION NO. 13,481: To award a contract for Beechwood Drainage Channel Improvements; and for other purposes. Staff recommends approval. (Funding from the 2012 3/8- Cent Sales Tax) Synopsis: Authorizes the City Manager to execute an agreement with Redstone Construction Group, Inc., for Beechwood Drainage Channel Improvements. M -1 PROCLAMATION: Of the Certification of Election results of the Special Election held in the City of Little Rock, Arkansas, on March 13, 2012, on the proposed refunding of outstanding Library Construction and Improvement Bonds, the issuance of new Library Construction and Improvement Bonds and the Levy of an Ad Valorem Tax. For: 4,549 Against: 699 M -2 RESOLUTION NO. 13,482: To authorize the City Manager to execute an agreement with Century 21 United for real estate marketing and sales services in exchange for a 4% sales commission not to exceed $12,000.00 for each property sold in furtherance of the City's Federally- Funded Housing Programs; and for other purposes. Staff recommends approval. Synopsis: In an to effort to maximize the City's revitalization efforts, staff would like to execute an agreement with Century 21 United, to provide Real Estate Marketing and Sales Services in exchange for a 4% Sales Commission not to exceed $12,000 for each property sold. Century 21 United is to provide detailed, accurate and extensive real estate services, which will increase the marketability of Little Rock Board of Directors Meeting April 3, 2012 6:00 PM prospective properties to be sold in furtherance of the City of Little Rock's Federally- Funded Housing Programs. Director Adcock made the motion, seconded by Director Cazort, to approve the Consent Agenda. By unanimous voice vote of the Board Members present, the Consent Agenda was approved. SEPARATE ITEMS (Items 6 - 8) 6. ORDINANCE NO. 20,567: To condemn certain structures in the City of Little Rock, Arkansas, as structural, fire and health hazards; providing for summary abatement procedures; directing the City Manager to take such action as is necessary to raze and remove said structures; to declare an emergency; and for other purposes. Staft recommends approval. Synopsis: The commercial structure at 6504 Mabelvale Cut -Off has become run -down, dilapidated, unsightly, dangerous and detrimental to the public welfare of the citizens of the City of Little Rock. The ordinance was read a first time. Director Adcock made the motion, seconded by Director Richardson, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. Director Adcock made the motion, seconded by Director Richardson, to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. Ed Adcock, 1018 Cumberland Street: Stated that he represented that owner of the structure located at 6504 Mabelvale Cut -Off and they were asking for an additional sixty (60) days to make improvements to the structure. Mr. Adcock stated that the City inspected the property one day and the very next day issued notice to the owner stating that the structure was scheduled for demolition. Mr. Adcock stated that his client had been told that loitering was the main problem, which prompted him to submit a Freedom of Information (FOI) Act request to the Little Rock Police Department for every incident report for 6504 Mabelvale Cut -Off. Mr. Adcock stated that he had received copies of five (5) police reports, which were dated from the mid- 1990's. Mr. Adcock stated that the owner presently had two (2) offers from buyers wanting to purchase the property. Director Wyrick asked how long the owner had owned the property. Bryan Willis: Stated that he was the owner and that he had owned the property since 2008. Director Wyrick asked how long the property had not been operational. Mr. Willis stated that the property was not operational when he purchased it in 2008. Director Wyrick stated that the individuals that live in the neighborhood, that drive by the structure every day, were tired of how it looked. Director Wyrick stated that the owner had four (4) years in which to make improvements; yet none were made. Little Rock Board of Directors Meeting April 3, 2012 6:00 PM Director Adcock asked how often Mr. Willis visited the property. Mr. Willis stated that he had not been to the property since 2010; however, he had hired a landscape company to keep the grass mowed and remove and trash and debris. Director Hurst asked when the first notice was received. Mr. Adcock stated that according to City records, the notice was mailed on January 31, 2012. City Manager Moore stated that staff had received numerous complaints regarding the structure and that it was being handled through the Criminal Abatement Program. City Manager Moore stated that the location had become a haven for criminal activity and that it was staff's opinion that there were significant structural issues. City Manager Moore stated that staff initially planned on moving forward with emergency abatement; however, after visiting with the City Attorney's Office, the decision was made to go through the condemnation process. City Manager Moore stated that he had visited with the Precinct Captain for that area who reported that the location was a constant problem. City Manager Moore stated that there was a convenience store located on the lot next door and it appeared that when the incidents were reported, the address for the store was the one that was documented. Planning & Development Department Director Tony Bozynski repoted that the initial notice that was sent on January 31, 2012, and stated.... `In accordance with the Little Rock Code of Ordinances and the 2009 International Property Maintenance Code, we are ordering the razing and removal of the structure from the property within fifteen (15) days of receipt of this letter." Mr. Bozynski reiterated that the letter instructed the property owner to remove the structure; not the City. Mr. Bozynski stated that the owner contacted staff via telephone stating that he might reopen the business or sell the property. In addition, the owner faxed a letter to staff on February 7, 2012, indicating that he was going to sell the property and would secure the property. Mr. Bozynski reported that a follow -up inspection occurred on February 24, 2012, and it was determined that the condition of the property had not changed. Mr. Bozynski stated that a second letter, which was dated February 27, 2012, stated that the property owner had forty -eight (48) hours to take action. Mr. Bozynski reported that the property was zoned C -3, General Commercial, and a car wash was a Conditional Use in C -3; however, since the car wash had not been in operation since 2008 and had lost its non - conforming status, and before any permits could be issued, it would have to go back to the Planning Commission for a Conditional Use Permit if it were to remain as a car wash. Pam Adcock, 6205 Hinkson Road: Stated that she was the President of Southwest United for Progress, President of Cloverdale Neighborhood Association since 1993 and had lived in Southwest Little Rock since 1988. Ms. Adcock stated that she was very familiar with this piece of property and that she was opposed to utilizing City monies to demolish the structure when it was the property owner's responsibility. By roll call vote, the vote was as follows: Ayes: Hendrix; Richardson; Cazort; Hines; Wright; Wyrick; Fortson; Adcock and Vice Mayor Kumpuris. Nays: Hurst. By a vote of nine (9) ayes and one (1) nay, the ordinance was approved. By voice vote of the Board Members present, with Director Hurst voting in opposition, the emergency clause was approved. 2 Little Rock Board of Directors Meeting April 3, 2012 6:00 PM 7. ORDINANCE NO. 20,566: To approve a Planned Zoning Development and establish a Planned Office District titled 3013 Fair Park Boulevard Revised Short -Form PD -O, located at 3013 Fair Park Boulevard, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 ayes; 0 nays and 0 absent. Staff recommends approval. Synopsis: The applicant is proposing to revise and expand the area of the previously- approved POD to allow for the construction of a two (2) -story, 8,961 square -foot building to be used as a fraternity house. The ordinance was read a first time. Director Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. Director Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended to read the ordinance a third time. City Manager Moore stated that staff was recommending the removal of 4116 Cobb Street and 10407 Woodman Street from the condemnation ordinance. City Manager Moore stated that staff was working with the owner of the property at 4116 Cobb Street regarding the access of CDBG Funds and the structure located at 10407 Woodman Street had already been demolished by the owner. Director Cazort made the motion, seconded by Director Richardson, to remove 4116 Cobb Street and 10407 Woodman Street from the condemnation ordinance. By unanimous voice vote of the Board Members present, 4116 Cobb Street and 10407 Woodman Street were removed from the condemnation ordinance. Grace Blagdon, 716 West 24th Street: Asked if 1907 Martin Luther King, Jr., Boulevard was still on the condemnation ordinance. City Manager Moore stated that the property had been dealt with at the March 6, 2012, Board of Directors Meeting. Kinda Moore, 1713 Cedar Street: Stated that she had owned the property located at 1713 South Cedar Street less than a year and that the original citation had been issued to the previous owner. Ms. Moore stated that she had not been aware of the issues when she purchased the property. Ms. Moore asked that the Board grant her sixty (60) to ninety (90) days to make the needed repairs to the structure. Director Cazort asked if the owner had the financial means to rehabilitate the structure. Ms. Moore stated that she had been putting money back and was presently looking for a contractor to begin work on the structure. Director Cazort asked if she had any idea regarding the amount of funds that would be needed to rehabilitate the structure. Ms. Moore stated that she had not received an updated cost estimate. Director Richardson made the motion, seconded by Director Hurst, to defer action on the property located at 1713 South Cedar Street for sixty (60) days for the owner to bring forward a rehabilitation plan. By unanimous voice vote of the Board Members present, the motion was approved. 5 Little Rock Board of Directors Meeting April 3, 2012 6:00 PM Akili J. Johnson, 3804 West 21st Street: Stated that he owned the property located at 3804 West 21St Street and was asking for sixty (60) to ninety (90) days to complete the necessary repairs on the structure. Mayor Stodola asked how long Mr. Johnson had owned the property and when the burnout occurred. Mr. Johnson stated that he had owned the property for approximately four (4) years and that the burnout had occurred in October 2011. Director Cazort asked if the property was insured. Mr. Johnson stated that it was insured and that he had finally settled with the insurance company. Director Cazort asked if he had the funds in hand to begin the work. Mr. Johnson stated that he did have the funds in hand and was in the process of obtaining estimates. Director Adcock asked when he settled with the insurance company. Mr. Johnson stated that he finally settled with the insurance company in December 2011. Director Adcock asked why he had not completed any work on the property. Mr. Johnson stated that he had planned on selling the property. Director Hendrix made the motion, seconded by Director Richardson, to defer action on the property located at 3804 West 21St Street for sixty (60) days for the owner to bring forward a rehabilitation plan. By voice vote of the Board Members present, with Director Adcock voting in opposition, the motion was approved. Ramon Guaiardo, 1510 Cedar Street: Stated that he was the owner of 1510 Cedar Street and had purchased the property less than a year ago. Mr. Guarjardo stated that he had received no notification from the City and asked for additional time to repair the property. Housing & Neighborhood Programs Department Director Andre Bernard reported that in February 2011, staff had sent a certified letter and a regular mail letter to Mr. Guajardo at 2001 Valmar Street, which was listed in the County records; however, the certified letter was returned unclaimed. Mr. Bernard reported that Mr. Guajardo made contact with staff on February 11, 2011, which was prompted by his receiving the letter; however, had had not made contact with staff since that time. Mayor Stodola asked Mr. Guajardo how long it would take to complete the repairs and bring the property into compliance. Mr. Guajardo stated that he would need approximately ninety (90) days to make the necessary repairs. Director Hurst made the motion, seconded by Director Hendrix, to defer action on the property located at 1510 Cedar Street for sixty (60) days for the owner to bring forward a rehabilitation plan. By unanimous voice vote of the Board Members present, the motion was approved. Jewel Smith, 1423 Schiller Street: Stated that he was representing his sister, Patricia Hawkins, who owned the property located at 4318 West 19th Street. Mr. Smith stated that Ms. Hawkins needed additional time to make the needed repairs on the structure. Director Adcock asked how long Ms. Hawkins had owned the property, and Mr. Smith stated that he did not know. Director Cazort asked if Ms. Hawkins had an estimate of Little Rock Board of Directors Meeting April 3, 2012 6:00 PM the cost necessary to repair the structure. Mr. Smith stated that he had no idea how much it would cost to repair the structure. Director Hendrix made the motion, seconded by Director Richardson, to give Mr. Hawkins thirty (30) days to bring forward a rehabilitation plan. By roll call vote, the vote was as follows: Ayes: Hendrix; Richardson; and Hines. Nays: Hurst; Cazort; Wright; Wyrick; Fortson; Adcock and Vice Mayor Kumpuris. By a vote of three (3) ayes and seven (7) nays, the motion failed. Donald Hughes, 1702 Woodrow Street: Stated that he owned the property located at 1702 Woodrow Street. Mr. Hughes stated that he had made significant improvement to the interior of the structure; however, he had not made any improvements to the exterior. Director Adcock asked if he had acquired permits for all the interior work completed. Mr. Hughes stated that he had obtained the necessary permits to complete the repairs. Mr. Bernard stated that records indicated that the various permits had obtained had expired in November 2011, November 2008, February 2009 and May 2008, with no final inspections. Director Wright asked how long it would take for Mr. Hughes to complete the repairs to the structure. Mr. Hughes stated he did not have the needed funds and would like to take his time to make the repairs. Director Wright asked if the property was located within the Neighborhood Stabilization Programs 2 (NSP2) boundaries. Mr. Bernard stated that the property was located within the NSP2 boundaries and would visit with Mr. Hughes regarding the property. Director Hurst made the motion, seconded by Director Hines, to defer action on the property located at 1702 Woodrow Street for ninety (90) days for the owner to bring forward a rehabilitation plan. By unanimous voice vote of the Board Members present, the motion was approved. Emmanuel Blackwood, 6203 Shirley Drive: Stated that he owned the property that was located at 1016 College Street. City Manager Moore stated that the property had been on the condemnation ordinance from the March 6, 2012, Board of Directors Meeting. Mayor Stodola stated that he had multiple cards from individuals that were listed as wanting to speak in favor of the ordinance. Mayor Stodola asked if any of the individuals still wanted to speak in favor of the ordinance as it had been amended. Marion D. Elliot, 7312 Knollwood Road: Stated that she represented the Southwest Chapter of the Arkansas Community Organization and she asked that the City demolish the structures located at 7318 Preston Drive; also known as Sin City. Rowena Hampton, P.O. Box 191824 Little Rock: Stated that she was the President of the Southwest Chapter of the Arkansas Community Organization and she asked that the City demolish the structures located at 7318 Preston Drive. Mayor Stodola stated that the structures were included in the condemnation ordinance and would be dealt with that evening. Little Rock Board of Directors Meeting April 3, 2012 6:00 PM Pat Gee, 8409 Dowan Drive: Stated that she was the President of the Upper Baseline Neighborhood Association and Vice President of Southwest Little Rock United for Progress and that she was in support of the ordinance; especially the structures located at 7318 Preston Drive. Pam Adcock, 6205 Hinkson Road: Stated that she supported the condemnation ordinance; however, she was not in support of utilizing City funds to demolish the structures at 7318 Preston Drive, as it was the property owner's responsibility. Mayor Stodola stated that once the properties were demolished, a lien would be placed on the property and legal action would be taken to collect on the lien. Director Hendrix stated that she had received a letter from the owner of the property located at 2324 Rock Street asking for additional time to make the repairs needed. Director Hendrix made the motion, seconded by Director Richardson, to defer action on the property located at 2324 Rock Street for ninety (90) days for the owner to make the necessary repairs. City Manager Moore stated that the Board of Directors had removed this property from the April 20, 2011, condemnation ordinance to give the owner additional time to make repairs; however, to date, the owner had not made any repairs. Director Richardson removed his second of the motion. The motion failed due to the lack of a second. The ordinance as amended was read a third time. By unanimous voice vote of the Board Members present, the ordinances as amended was approved. By unanimous voice vote of the Board Members present, the emergency clause was approved. Director Richardson made the motion, seconded by Director Hines, for the Board to take a ten (10) minute recess. By unanimous voice vote of the Board Members present, the Board recessed for ten (10) minutes. 8. ORDINANCE NO. 20,568: To amend Chapter 36 of the Code of Ordinances to remove inconsistencies and certain uses by right; to establish a requirement for a Conditional Use Permit for certain uses; to declare an emergency; and for other purposes. Staff recommends approval. The ordinance was read a first time. Director Adcock made the motion, seconded by Director Richardson, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. Director Adcock made the motion, seconded by Director Richardson, to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. Mayor Stodola stated that he had requested an opinion from the City Attorney regarding the applicability of the ordinance as it related to the proposed VA Center at 1000 Main 8 Little Rock Board of Directors Meeting April 3, 2012 6:00 PM Street and the issue of food stores less than 5,000 square -feet in size. Mayor Stodola reported that the first opinion issued stated that the ordinance was prospective in nature only and did not deal retrospectively, which would not apply to the proposed VA Center. Mayor Stodola reported that the second opinion issued stated that based on all the relative information provided, the additional requirements proposed by the ordinance under the Urban Use Zoning would not apply to the proposed VA Center. Sandra Criswell, 8606 Northgate Drive: Stated that she did not agree with the way the City handled the situation regarding the proposed VA Center. Kim Zimmerman, 2305 Covington Drive, North Little Rock: Stated that she grew up in a military family and that she herself was a disabled Veteran and did not approve of how the situation was handled regarding the proposed VA Center. Drake Mann, 425 West Capitol Avenue: Stated that he thought the Planning Commission should have dealt with the proposed ordinance prior to Board action. City Attorney Tom Carpenter stated that the Board had the authority to take action regarding zoning matters without going to the Planning Commission and had done so in the past. Barry Haas, 804 Konrad Court: Stated that he was glad that there were no additional hurdles for the proposed VA Center to address. Wes Zeigler, 204 Dennison Street: Stated that the priorities in the country were upside down and that he was opposed to how Veterans were treated. Charles Cervante, 7301 H Street: Stated that he was glad that the issue with the proposed VA Center was settled. Glen Miller, 701 East Capitol Avenue: Thanked the City Attorney for issuing the legal decision. Bob Blair, 2120 Louisiana Street: Stated that the issue regarding the proposed VA Center had been about location alone and was disappointed with how the citizens in downtown neighborhood area in opposition to the VA Center had been portrayed. Robin Louks, 1812 Spring Street: Stated that the VA had painted the downtown area as a hateful area. Ms. Louks stated that she was very concerned regarding the treatment of Veterans; however, the opposition to the proposed VA Center had been about location only. Jill Judy, 2000 South Arch Street: Stated that she supported the ordinance as it dealt with urban planning and providing communities the opportunity for healthy discussions. Mayor Stodola read excerpts from a letter from Pat Rudder, a Veteran, who stated that he believed the ordinance was a land use issue. Mayor Stodola stated that in 2007 when the VA first began looking for a location for the drop -in center, they looked in an area, which was located in the Capitol Zoning District, which provided for a Conditional Use Permit process. Mayor Stodola stated that at that time, there were several individuals that felt that as a land use issue, that was not an appropriate location for the center. Mayor Stodola stated that ultimately the VA withdrew their application and did not go through the Conditional Use Permit process. Mayor Stodola reported that at the time, the City agreed to assist the VA in locating another site and reaffirmed their support of Veterans; unfortunately, that communication never occurred. Little Rock Board of Directors Meeting April 3, 2012 6:00 PM Director Richardson asked how staff had decided on the 5,000 square -foot threshold included in the ordinance for food stores. City Manager Moore stated that staff looked at many different scenarios and the ordinance was meant to target food stores that sold beer and wine that were popping up in neighborhoods that staff felt already had a significant amount of those types of businesses. Mr. Bozynski stated that the Little Rock Zoning Ordinance had a Commercial Zoning District, C -1, Neighborhood Commercial, which was the area where these type of stores were locating. Mr. Bozynski reported that in the developing criteria, there was a section that stated, "there shall be the maximum gross leasable area, 5, 000 square- feet.... " Mr. Bozynski stated that 5,000 square -feet was recognized in the ordinance as appropriate for a neighborhood location. Mr. Bozynski stated that in C -1 zoning, a convenience store with gas pumps was a Conditional Use. Director Hines asked if it would be possible for him to make a motion to remove the issue with food stores from the ordinance, send it to the Planning Commission and have the Board vote on the amended ordinance. City Attorney Carpenter stated that it would be possible for him to make the motion to delete all references in the ordinance to food stores under 5,000 square -feet with sales of beer and wine. Director Hines made the motion, seconded by Director Wright, to remove all wording from the ordinance regarding food stores less than 5,000 square feet with sales of beer and wine. By voice vote of the Board Members present, the motion failed. Vice Mayor Kumpuris made the motion, seconded by Director Adcock, to call the question on the vote. By unanimous voice vote of the Board Members present, the question to vote was called. By voice vote of the Board Members present, with Directors Richardson and Hendrix voting in opposition and Director Hines voting present, the ordinance was approved. By voice vote of the Board Members present, with Directors Richardson and Hendrix voting in opposition and Director Hines voting present, the emergency clause failed. Director Hines stated that he would like to change his vote on the emergency clause. City Attorney Carpenter stated that he would be allowed to change his vote with the unanimous support of the Board Members. There be no objection, Director Hines changed his vote on the emergency clause from present to aye and as a result, the emergency clause was approved. PUBLIC HEARING (Item 9) 9. ORDINANCE NO. 20,565; G -24 -038: To abandon the drainage and utility easements remaining in the formerly- abandoned State Street right -of -way, located between Blocks 222 and 232, Original City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes; 0 nays; and 3 absent. Staff recommends approval. Synopsis: Philander Smith College is requesting the abandonment of utility and drainage easements retained in the formerly- abandoned State Street right -of -way, located between Blocks 222 and 232, Original City of Little Rock; located within the college campus. 10 Little Rock Board of Directors Meeting April 3, 2012 6:00 PM The ordinance was read a first time. Director Adcock made the motion, seconded by Director Hurst, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. Director Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. Mayor Stodola opened the public hearing and asked if there were individuals present that wished to speak for or against the item. There being none present, Mayor Stodola closed the public hearing. By unanimous voice vote of the Board Members present, the ordinance was approved. Director Hendrix stated that on June 21, 2011, she had brought the issue of residency requirement before the Board and that she would like to re- address the issue. Director Hendrix distributed copies of a proposed ordinance and requested that it be placed on the April 17, 2012, Board Agenda. Director Adcock asked if the proposed ordinance only applied to the Little Rock Fire Department and the Little Rock Police Department. Director Hendrix stated that it did in fact only apply to those Departments as they were the only ones discussed at the neighborhood meetings regarding the sales tax increase. CITIZEN'S COMMUNICATION Sheila Miles, 2209 Battery Street: Wright Avenue Alert Center Turna & Deborah Grigsby, III, 11 Forest Maple Court: 2709 Center Street Property Adam Lansky, 119 East Markham Street: VA Center, Dog Park & Values -vs- Finance Greq Deckelman, P.O. Box 2362 Little Rock: Occupy Little Rock Marie Mainard O'Connell 3517 West 3rd Street: Occupy Little Rock & Citizen's United Glen Miller, 701 East Capital Avenue: Occupy Little Rock Kaitlin Lott, 906 Apperson Street: Occupy Little Rock Jill Judy, 2000 South Arch Street: Petition Director Fortson made the motion, seconded by Director Cazort, to adjourn the meeting. By unanimous voice vote of the Board Members present, the meeting was adjourned. ATT ngTey, City Clerk APPROVED: 11 11116- %�rC,LX/ Stodola, Mayor