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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 Minutes December 12, 1995 ?99 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 2 300 Minutes 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 3 Minutes December 12, 1995 301 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; 4 302 Minutes December 12, 1995 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 5