12-12-95?9E
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
December 12, 1995 - 4:10 P.M.
The Board of Directors of the City of Little Rock,
Arkansas, reconvened from the December 5, 1995, regular
meeting with Mayor Jim Dailey presiding. City Clerk Robbie
Hancock called the roll with the following Directors in
attendance: Directors Sharp, Mason, Kumpuris, Adcock,
Hodges, Keck, Joyce, and Wyrick - total 8; Absent -
Directors Wilson and Hinton - total 2.
With a quorum being present, Mayor Dailey declared the
Board of Directors in session and the proceedings of the
meeting are recorded as follows.
Mayor Dailey called on City Attorney Tom Carpenter to
explain the settlement of the land use issue. Mr. Carpenter
presented several documents related to Kramer School and
explained the three issues. The City is involved in a
condemnation action with Dr. Hampton Roy and his wife,
Michelle Roy, concerning the Kramer School, which was an
action authorized the first of the year. In addition,
there have been other pieces of litigation concerning the
City's refusal to let them demolish the Kramer School
building, located at 7th and Sherman Streets. Last year
there was a temporary resolution of these issues in Federal
Court, but there is still potential action pending. The
Historic Investments Solutions Team would like to
rehabilitate the three Kramer School Buildings for an
auditorium, exhibit space and low to moderate income
apartments for starving artists. They have to have title to
the property before they can go through the final proposals
to get the funding. Before they can have title to the
property, the litigation has to be settled. The City
received an appraisal of Kramer School of $105,000. The
Roy's received an appraisal of $190.000. An agreement was
reached that if the City would pay $150,000, the claims with
the Roy's would be totally settled. Since the City has
already deposited $105,000 with the Courts, an additional
$45,000 payment is required. The City would then get title
to the property, which could be deeded to Historic
Investments Solutions. There is a strong indication that
the Kramer Buildings cannot withstand another winter without
protection. Investments Solutions had already received a
binding estimate of $14,800 to protect the structure from
further deterioration. While this was going on, the City
learned there was an opportunity to enter into a partnership
with ArkLa Gas Company to purchase 2 historic trolley cars
that can be reinstituted for use in the downtown area as a
part of an advertising and promotion package in connection
with the River District. The monies set aside to shore up
the Kramer School are in the account with the money to
purchase the Kramer School property. These documents
authorize the settlement of the claims, authorize the Mayor
and City Clerk to execute any necessary documents to get
title to the property, authorize the use of excess Kramer
School monies for the purchase of the trolleys, and
authorize a sole source contract to get Kramer School
"wrapped in plastic ". The idea is that a year from now
Kramer will have a dramatic face lift, and two years from
now it will be a functioning operative part of the City
landscape.
(Director Hinton enrolled at 4:20 P.M.)
Mr. Paul Esterer, speaking on behalf of the partnership of
Historic Investments Solutions Team, explained the plans for
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December 12, 1995
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Kramer School. Director Sharp asked, "What happens if we
deed you the property and you are unable to get adequate
funding ?" Mr. Esterer said there would be an agreement that
the property would revert back to the City of Little Rock.
Resolution No. 9,575 was then introduced with the title
being:
A RESOLUTION TO AUTHORIZE SETTLEMENT OF VARIOUS CLAIMS
IN LITIGATION CONCERNING KRAMER SCHOOL; TO AUTHORIZE THE
CONVEYANCE TO HISTORIC INVESTMENTS SOLUTIONS TEAM; AND FOR
OTHER PURPOSES.
Following the reading of the Resolution, there was a motion
by Director Keck to adopt the Resolution. The motion was
seconded by Director Adcock, and by unanimous vote of the
Board Members present, the Resolution was adopted.
Consideration was then given to Ordinance No. 17,051,
entitled:
AN ORDINANCE TO APPROPRIATE $14,800 TO PAY FOR A
CONTRACT TO SECURE AND PROTECT THE KRAMER SCHOOL BUILDING
FROM FURTHER DETERIORATION; DECLARING IT UNFEASIBLE AND
IMPRACTICAL TO BID FOR SUCH SERVICES; AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH ROBERTS AND COMPANY,
INC. TO PERFORM THESE SERVICES; DECLARING AN EMERGENCY; AND
FOR OTHER PURPOSES;
and the Ordinance was read the first time. (See discussion
above.) There was a motion by Director Adcock to suspend
the rules and place the Ordinance on second reading. The
motion was seconded by Director Joyce 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 - elect, 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 and place the Ordinance on third and final
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 - elect, and the
Ordinance was read the third and last time. (Director
Wilson enrolled at 4:35 P.M. before the final vote.) A roll
call vote was taken on passage of the Ordinance, with the
response recorded as follows: Ayes - Directors Sharp,
Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick
and Mayor Dailey - total 10; Noes - None; Abstentions -
Director Wilson - total 1; Absent - None.
The Emergency Clause contained in Section 4 of the
foregoing Ordinance was read and adopted by the following
roll call vote: Ayes - Directors Sharp, Mason, Kumpuris,
Adcock, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey
- total 10; Noes - None; Abstentions - Director Wilson -
total 1; Absent - None. Whereupon, the Ordinance, together
with the Emergency Clause, was declared PASSED.
The next presentation was Ordinance No. 17,052,
described as:
AN ORDINANCE TO SPEND SEVENTY THOUSAND DOLLARS
($70,000) TO PURCHASE TWO TROLLEY CARS; AUTHORIZING A
CONTRACT WITH ARKLA GAS CO. TO REHABILITATE THE TROLLEYS;
WAIVING COMPETITIVE BIDDING; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. (See discussion
above.) There was a motion by Director Adcock to suspend
the rules and place the Ordinance on second reading. The
motion was seconded by Director Joyce and unanimously
adopted by the Board Members present, being eleven in number
and two - thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance
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December 12, 1995
ensued. There was a subsequent motion and second by
Directors Adcock and Joyce, respectively, to again suspend
the rules and place the Ordinance on third and final
reading. The motion was unanimously adopted by the Board
Members present, being eleven in number and two - thirds or
more of the members of the Board of Directors - elect, and the
Ordinance was read the third and last time. A roll call
vote was taken on passage of the Ordinance, with the
response recorded as follows: Ayes - Directors Sharp,
Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick
and Mayor Dailey - total 10; Noes - None; Abstentions -
Director Wilson - total 1; Absent - None. Therefore, the
Ordinance was declared PASSED.
Introduced next was a proposed Resolution, entitled:
A RESOLUTION TO ESTABLISH A POLICY THAT REQUIRES
RESIDENCY AND DOMICILE WITHIN THE TERRITORIAL LIMITS OF
PULASKI COUNTY, ARKANSAS, IN ORDER TO RECEIVE A POSITION OF
EMPLOYMENT; DIRECTING THE CITY MANAGER AS CHIEF PERSONNEL
OFFICER FOR THE CITY TO IMPLEMENT THIS POLICY; AND FOR OTHER
PURPOSES;
(NOTE: See Minutes of December 5, 1995 and Resolution No.
9,572, which repealed the previous residency requirement.)
Director Adcock spoke in support of the Resolution and urged
Board Members to vote for the residency requirement.
Director Keck asked City Manager Charles Nickerson how the
proposed Pulaski County residency requirement would be
enforced. Mr. Nickerson responded that he did not
anticipate any problems that would be insurmountable.
Following the reading of the Resolution, there was a motion
by Director Adcock to adopt the Resolution, and the motion
was seconded by Director Hinton. A roll call vote was taken
as follows: Ayes - Directors Adcock, Wilson, Hinton and
Mayor Dailey - total 4; Noes - Directors Sharp, Mason,
Kumpuris, Hodges, Keck, Joyce and Wyrick - total 7.
Whereupon, Mayor Dailey announced that the Resolution
FAILED.
Explaining the need for an incentive to live within the
City of Little Rock, Director Wyrick presented a proposed
Resolution and moved to add it to the Agenda. The motion
was seconded by Director Adcock and unanimously adopted.
Therefore, consideration was then given to Resolution No.
91576, with the title being:
A RESOLUTION OF INTENT TO RECOGNIZE LITTLE ROCK
APPLICANTS FOR EMPLOYMENT WITH THE CITY WHEN ALL JOB
APPLICANTS OTHERWISE POSSESS EQUAL QUALIFICATIONS; DIRECTING
THE CITY MANAGER TO IMPLEMENT THIS INTENT; AND FOR OTHER
PURPOSES.
Director Wyrick explained that the intent of the Resolution
is that applicants seeking employment with the City of
Little Rock and living in the City would have preference
over applicants of equal qualifications that were not Little
Rock residents. Director Kumpuris asked the City Manager to
investigate whether or not this could apply to promotions,
also. Director Sharp asked for more time to study the
Resolution. The Resolution was then read in full. There
was a motion by Director Keck to adopt the Resolution. The
motion was seconded by Director Joyce, and the Resolution
was adopted by the following voice vote: Ayes - Directors
Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck,
Joyce, Wyrick, and Mayor Dailey - total 10; Noes - Director
Sharp - total 1; Absent - None.
There was a motion and second by Directors Keck and
Wyrick, respectively, to add the clincher. City Attorney
Tom Carpenter explained that the clincher was technically a
motion to reconsider and then a motion to table indefinitely
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December 12, 1995
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the motion to reconsider. A two - thirds vote would be
required to get the motion to reconsider back on the table.
The clincher was adopted unanimously.
Introduced next was a proposed Ordinance, entitled:
AN ORDINANCE TO ESTABLISH A DEADLINE TO APPLY FOR
POSITIONS ON BOARDS AND COMMISSIONS SELECTED. BY THE LITTLE
ROCK BOARD OF DIRECTORS, AND FOR OTHER PURPOSES;
(NOTE: This item was approved as a Resolution on 12 -5 -95 in
error; therefore, that reading was considered as the first
reading of the proposed Ordinance.) Since this is a
continuation of the same meeting, there was a motion by
Director Adcock, seconded by Director Hinton, to suspend the
rules and place the Ordinance on second reading. The motion
was unanimously adopted by the Board Members present, being
eleven in number and two - thirds or more of the members of
the Board of Directors - elect, and the second reading of the
Ordinance ensued. City Clerk Robbie Hancock explained that
Director Adcock and Assistant City Clerk Vanessa Sykes had
reviewed the time schedule and determined that the deadline
for filing resumes would be on Monday of the week before
appointments were to be made (8 days prior to appointments)
and the Board of Directors would receive the resumes on
Thursday prior to the Tuesday when appointments were to be
made. Director Adcock also noted that Ms. Sykes would be
sending Board Members a calendar showing when appointments
were to be made and when resume packets would be
distributed. In response to Director Wilson's question, City
Attorney Tom Carpenter explained that late resumes would not
be considered unless the Board voted to consider a late
resume before going into executive session. During a
lengthy discussion, some Directors felt the Board should be
making it easier for citizens to serve on Boards and
Commissions, rather than making it more difficult by setting
deadlines. Other Directors wanted to receive resumes in
time to review them before making appointments. Miss
Hancock stated that the City Clerk's office just needed to
know if the Board wanted all the resumes together in one
packet for consideration, and if so, when, or if the Board
wanted to receive the resumes individually as they were
submitted. Following the discussion, there was a motion by
Director Adcock, seconded by Director Joyce, to amend the
Ordinance to change the deadline from Wednesday before the
Agenda Meeting to Monday before the Agenda Meeting. The
motion was unanimously adopted. At the suggestion of City
Attorney Tom Carpenter, there was a motion to amend the last
line of the Ordinance to read "to consider an application
submitted to the City Clerk in an untimely fashion." The
motion was made by Director Adcock and seconded by Director
Joyce. The motion failed by the following roll call vote:
Ayes - Directors Mason, Adcock, Wilson, Hinton, and Joyce -
total 5; Noes - Directors Sharp, Kumpuris, Hodges, Keck,
Wyrick and Mayor Dailey - total 6. The Ordinance, as
amended, was then read the third and last time, and a roll
call vote was taken on the question, Shall the Ordinance
Pass, with the results recorded as follows: Ayes -
Directors Mason, Adcock, Wilson, Hinton, and Joyce - total
5; Noes - Directors Sharp, Kumpuris, Hodges, Keck, Wyrick,
and Mayor Dailey - total 6. Whereupon, Mayor Dailey
announced that the Ordinance had FAILED.
The last item to be considered was Resolution No.
9,577, with the title being:
A RESOLUTION AUTHORIZING THE REINSTATEMENT OF REBECCA
FINNEY TO THE BOARD OF ADJUSTMENT;
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and following the reading of the Resolution, there was a
motion by Director Keck to adopt the Resolution. The motion
was seconded by Director Adcock, and the Resolution was
adopted unanimously.
There being no further business to be presented, the
reconvened meeting was adjourned at 5:20 o'clock P.M. with
the Board of Directors to meet again in regular session on
Tuesday, December 19, 1995, at 6:00 o'clock P.M.
ATTEST: APPROVED: -
City Clerk Robbie Hancock a or Jim Daile
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