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04-05-94Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas April 5, 1994 - 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 Roy, Sharp, Lewellen, Mason, Adcock, Hendrix, Scheibner, Keck and Joyce - total 9; Absent - Director Priest - total 1. With a quorum present, Mayor Dailey declared the Board of Directors in session and the proceedings of the meeting are recorded as follows. The Invocation was given by Director Scheibner, followed by the Pledge of Allegiance. Members of the Youth Advisory Committee working in conjunction with the Little Rock Task Force for prevention of youth violence were recognized and introduced. Mayor Dailey thanked the students for their participation. The first presentation was Resolution No. 9,129, entitled: A RESOLUTION TO COMMEND MARVIN BENTON AND JIM MULLENAX FOR OUTSTANDING AND HEROIC SERVICE AS MEMBERS OF THE LITTLE ROCK FIRE DEPARTMENT UPON THEIR RECEIPT OF THE MEDAL OF VALOR, AND TO HONOR CAPTAIN RICK HAND, CAPTAIN RON HUDSON, CAPTAIN PAUL GUNTHER, DRIVER CHARLES GHIDOTTI, DRIVER DAVID PERRY, AND FIREFIGHTER WILLIAM STING UPON THEIR RECEIPT OF THE MEDAL OF MERIT; AND FOR OTHER PURPOSES; and the Resolution was read in full. There was a motion by Director Roy, seconded by Director Adcock, to adopt the Resolution, and the Resolution was adopted unanimously. Fire Chief Rubin Webb introduced the recipients of the medals. Mr. John Flake, Chairman of the Little Rock Airport Commission, presented a Resolution of the Airport Commission commending the Little Rock Fire Department, Police Department, Office of Emergency Services and MEMS Ambulance Service for assisting in the emergency landing of a Falcon jet plane at the Little Rock Municipal Airport on Wednesday, March 30, 1994. Chief Webb accepted the Resolution on behalf of the City of Little Rock and commended the members of the Emergency Response Team. The Consent Agenda was then presented, consisting of the following items: (a) Approval of the Minutes of the Board of Directors regular meetings held January 18, 1994, February 1, 1994, and February 15, 1994, the reconvened meetings held February 9, 1994 and February 23, 1994, and corrected Minutes of the reconvened meeting held January 12, 1994. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for ,_the month of February, 1994. (To be received and filed.) (c) Resolution No. 9,130, entitled: A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION TO VACATE A PUBLIC UTILITY EASEMENT IN LOT 9 OF BROADMOOR ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (April 19, 1994.) 1 577 r 578 Minutes April 5, 1994 (d) Resolution No. 91131, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR REPLACEMENT EQUIPMENT, PARTS AND SERVICE FOR A TECH 21 WAN FUEL SYSTEM FOR THE DEPARTMENT OF FLEET SERVICES. (Radford Equipment Co.) (e) Resolution No. 9,132, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF REFUSE CART DUMPER UNITS FOR THE DEPARTMENT OF PUBLIC WORKS /SANITATION DIVISION. (Mid South Equipment Company of Memphis, TN not to exceed $33,012.) (f) Resolution No. 9,133, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO SELL SURPLUS CITY PROPERTY AT 400 EAST SECOND STREET TO THE CENTRAL ARKANSAS LIBRARY SYSTEM; AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE DEEDS OF CONVEYANCE; DESIGNATING THE PROCEEDS THEREOF TO BE USED FOR CITY PARK IMPROVEMENTS; AND FOR OTHER PURPOSES. (g) Resolution No. 9,134, described as: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUITCLAIM DEED CONVEYING THE CITY'S INTEREST IN A ONE AND ONE - QUARTER ACRE LOT LOCATED AT 8924 GARDNER ROAD TO VICTORY TEMPLE CHURCH OF GOD IN CHRIST; AND FOR OTHER PURPOSES. (h) Resolution No. 9,135, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE CITY'S AGREEMENT WITH THE UNITED STATES DEPARTMENT OF THE INTERIOR, GEOLOGICAL SURVEY (USGS) FOR TECHNICAL SERVICES RELATED TO THE EPA PERMIT FOR STORMWATER RUNOFF. (i) Resolution No. 9,136, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE WIDENING OF DOYLE SPRINGS ROAD FROM BASELINE ROAD TO I -30 FRONTAGE ROAD; A 1988 CAPITAL IMPROVEMENT BOND PROJECT. (Hogan Construction Co. - not to exceed $422,227.) (j) Resolution No. 9,137, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR ORNAMENTAL STREET LIGHTING FOR CAPITOL AVENUE BETWEEN FERRY AND COMMERCE STREETS, A 1988 CAPITAL IMPROVEMENT BOND PROJECT. (Lighting & Electric Sales of Little Rock - not to exceed $57,892.50.) Upon motion and second by Directors Adcock and Mason, respectively, which was unanimously adopted by the Board members present, the Consent Agenda was dispensed with as follows: (a) The Minutes of the Board of Directors regular meetings held January 18, 1994, February 1, 1994, and February 15, 1994, the reconvened meetings held February 9, 1994 and February 23, 1994, and corrected Minutes of the reconvened meeting held January 12, 1994, were approved as written and distributed to members of the Board of Directors; (b) the Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of February, 1994, was received and filed; and (c, d, e, f, g, h, i and j) Resolutions No. 9,130, 9,131, 9,132, 9,133, 9,134, 9,135, 9,136, and 9,137 were read in full and adopted unanimously. 2 Minutes April 5, 1994 The next presentation was Resolution No. 9,138, with the title being: A RESOLUTION ADOPTING CHANGCHUN, CHINA, AS A SISTER CITY TO LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES. Mr. Alfred Williams, Chairman of the Sister Cities Commission, spoke briefly regarding the Resolution and listed some statistics regarding the City of Changchun, China. Mr. Sherman Banks (Chamber of Commerce) also made comments regarding the sister city relationship with Changchun, China. The Resolution was then read in full. There was a motion by Director Roy, seconded by Director Adcock, to adopt the Resolution, and the Resolution was adopted by unanimous voice vote of the Board Members present. At the time allotted for Citizen Communications, the first speaker was Mrs. Arma Hart, 4 Hughes Court, accompanied by Mrs. Edna Ricks, 5 Hughes Court. Mrs. Hart read a prepared statement of opposition by the members of University Park Neighborhood Association (specifically those on Hughes Street and Hughes Court) to the proposed Freeway Business Park Planned Office Development at I -630 and Rodney Parham. She asked that the POD be disapproved unless the applicant agrees to build a brick wall instead of a chain link or wooden fence to separate the business facility from the residential area. University Park residents have requested a brick wall that matches the wall located in University Park just off 12th Street. Mayor Dailey asked the ladies to attend the Board of Directors meeting when the Freeway POD is considered. The next speaker was Mr. Robert "Say" McIntosh, who commended the Police Department for a job well done in solving the murder of the restaurant owner (Andre Simon) in the Pulaski Heights area. He said he appreciated the folks in the Heights for getting mad and doing something about crime. He urged the Board of Directors, City Manager and Police Department to come together. He concluded by inviting black citizens to come to the Board of Directors Meetings and speak their mind on cable TV. The third speaker was Mr. Robert Reed, Vice President/ General Manager of Victory Supply, Inc., who spoke on the subject "Purchasing of recycled items for the City." Mr. Reed stated the City of Little Rock opened bids on January 28, 1994 on 20 picnic tables for the Parks Department. His company offered an alternate bid on a 100% post consumer recycled plastic picnic table that is handicapped and ADA certified, has a 5 yr. break warranty and a 50 yr. non - degradation warranty and was the low bidder. The City threw out all bids and re -bid. Those bids were opened on March 28, 1994. Mr. Reed said it was real strange that he submitted the low bid basically twice on two City contracts and didn't get awarded the contract and asked that this be investigated. Mayor Dailey asked City Manager Charles Nickerson to provide the Board of Directors and Mr. Reed a written response. The last speaker under Citizen Communications was Ms. Cheryl Nichols, Executive Director of the Quapaw Quarter Association, and a member of the Board of the Society for the Preservation of the Mosaic Templars Building of America. She reported that the Mosaic Templars Building Preservation Society has recently received two grants to fund a planning process for the building: $5,000 from the Arkansas Humanities Council, and $1,000 from the National Trust for Historic Preservation. She invited Board Members to attend the planning committee meeting on April 21, 1994, stating the end product of the planning process will be a decision on the use of the building (located at 9th and Broadway) and a feasibility study of the building. (Director Priest enrolled at 6:50 o'clock P.M.) 579 r �- •' • Minutes April 5, 1994 Consideration was then given Zoning Application Z -5678 to reclassify 810 Elm Street and 4405 Maryland Avenue and Zoning Application Z- 5679 -A to reclassify 805 Monroe and 800 Washington Street. This is a continuation of the Forest Hill Neighborhood rezoning to a reduced classification, as requested by the Neighborhood Association. Ordinance No. 16,625 was presented, 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 MATTERS; (Z- 5678 -A - To rezone 810 Elm and 4405 Maryland from "R -4" Two - family District to "R -3" Single- family District; Z- 5769 -A - To rezone 805 Monroe and 800 Washington from "R -4" Two- family District to "R -3" Single - family District. Note: These rezonings are a continuation of the Forest Hills Neighborhood reclassification.) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Mason, to suspend the rules and place the Ordinance on second reading. The motion was adopted unanimously 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. There was a subsequent motion by Director Sharp to again suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Keck 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 there was a third and last reading of the Ordinance. A roll call vote was taken on the question, Shall the Ordinance Pass, with the following response: Ayes - Directors Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Hendrix - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,626, with the title being: AN ORDINANCE TO AMEND ORDINANCE NO. 15,561 (THE 1994 BUDGET ORDINANCE) TO PROVIDE ADDITIONAL FUNDS FOR THE BOARD OF DIRECTORS STAFF; AND FOR OTHER PURPOSES; (Funding for administrative position.) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Mason, to suspend the rules and place the Ordinance on second reading. The motion was adopted unanimously 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. There was a subsequent motion by Director Sharp to again suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Keck 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 there was a third and last reading of the Ordinance. A roll call vote was taken on the question, Shall the Ordinance Pass, with the following response: Ayes - Directors Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Hendrix - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. 4 ,.fir. Minutes April 5, 1994 Introduced next was Ordinance No. 16,627, entitled: AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE GREATER LITTLE ROCK CHAMBER OF COMMERCE TO SERVE AS THE PRIME SOURCE OF SUPPORT AND PUBLIC INFORMATION FOR THE PAINT YOUR HEART OUT PROGRAM; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Mason, to suspend the rules and place the Ordinance on second reading. The motion was adopted unanimously 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. There was a subsequent motion by Director Sharp to again suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Keck 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 there was a third and last reading of the Ordinance. A roll call vote was taken on the question, Shall the Ordinance Pass, with the following response: Ayes - Directors Scheibner, Keck, Joyce, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Hendrix - total 10; Noes - None; Abstentions - Director Priest - total 1; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 16,628 with the following caption: AN ORDINANCE APPROPRIATING FUNDS FROM THE UNAPPROPRIATED BALANCE OF THE 1991 EMERGENCY COMMUNICATIONS SYSTEM REVENUE BOND FUNDS AND FROM THE FUND BALANCE OF THE EMERGENCY 9 -1 -1 FUND TO PURCHASE A COMPUTER - ASSISTED - DISPATCH SYSTEM; AND AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO PRC PUBLIC SECTOR, INC. Assistant City Manager Bob Lane made the staff presentation and responded to questions by the Board of Directors. He also explained why the bid submitted by Intergraph was not recommended, stating that the CAD system proposed by Intergraph was not totally compatible with the City's PAGIS (Pulaski Area Geographic Information System). PRC bid the City's software with IBM equipment; therefore, City operators will not have to be retrained. Police Chief Lou Caudell also spoke in support of the system proposed by PRC /IBM. Mr. Dave Lutz, Director of Management Support, responded to questions and comments by the Board. Ms. Cathy Tierney, Systems Administrator at MEMS (Metropolitan Emergency Medical Systems /Ambulance Authority) read a letter recommending the Intergraph CAD system. Mr. Alan Miller, a private consultant in Little Rock, stated he was asked by Intergraph to look at the bid proposals for the City of Little Rock and assist Intergraph. He said the City's RFP was a very professional and technical process and noted some other points to consider. MEMS has the same CAD system that Intergraph has proposed for the City of Little Rock, so there would be a completely redundant dispatching system for the City of Little Rock and MEMS, and services could be shared. He concluded by stating, "Do not award the bid tonight and ask further questions of the vendors." Mr. Kerry Calderwood, a representative of PRC, made a brief statement regarding the RFP process. The Ordinance was then read the first time. There was a motion and second to suspend the rules and place the Ordinance on second reading. The motion was made by Director Roy, seconded by Director Adcock, 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 Ordinance was read the second time. There was a subsequent motion and second by Directors Mason and Keck, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was adopted 5 581 582 Minutes April 5, 1994 unanimously 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 third and last reading ensued. A roll call vote was taken on passage of the Ordinance, with the following response: Ayes - Directors Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, and Director Adcock - total 10, Noes - None; Abstentions - Director Hendrix - total 1. Whereupon, the Ordinance was declared PASSED. There was a brief discussion regarding the flexibility of adding the vehicle locator when funds are available. Mayor Dailey asked City Manager Charles Nickerson to approach Little Rock Municipal Water Works and Little Rock Wastewater Utility regarding that option. The next presentation was Resolution No. 91139 described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF MOBILE REFUSE CARTS FOR THE PUBLIC WORKS DEPARTMENT /SANITATION DIVISION; (Zarn Inc. of Reidsville, N.C. - not to exceed $1,468,150.) and the Resolution was read in full. There was a motion by Director Priest, seconded by Director Adcock, to adopt the Resolution. In response to a question by Director Keck, Public Works Director Mike Batie stated these are new carts which will be distributed by the supplier, and with these carts, there will be enough carts to cover the whole city. Director Sharp urged the Board to wait on the purchase of the carts, and explore the privatization of garbage collection; use this 1.5 million dollars to buy equipment, and put twice a week garbage pickup back in force. City Manager Charles Nickerson briefly reviewed the cost efficient measures put in place since 1987. Public Works Director Mike Batie made a presentation, stating that from 1987 to 1993 41 positions have been attrited due to once a week garbage collection and the use of mobile refuse carts, resulting in a savings of almost $700,000 annually. In response to a question from Mayor Dailey, Mr. Batie stated that the Board of Directors had asked that the City participate in the Regional Solid Waste District to look at different privatization issues: composting area, landfill operations, and collections. He stated the request for proposals (RFP) has gone out on the composting, and the others should be ready soon. Following the lengthy discussion, the Resolution was adopted by the following roll call vote: Ayes - Directors Scheibner, Keck, Joyce, Priest, Roy, Lewellen, Mason, Mayor Dailey, and Director Adcock - total 10, Noes - Director Sharp - total 1. At 8:25 o'clock P.M. Mayor Dailey declared at five minute recess. When the Board of Directors reconvened at 8:35 o'clock P.M., Mayor Dailey presided, and all of the Directors were present. Consideration was then given to Resolution No. 9,140 entitled: A RESOLUTION APPROVING THE VARIOUS PROJECTS AND ALLOCATIONS OF FUNDS AS PROVIDED FOR IN THE CITY OF LITTLE ROCK'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR THE 20TH YEAR (FY 1994); APPROVING THE CDBG APPLICATION AND AUTHORIZING THE FILING OF THE APPLICATION FOR SUCH FUNDS; (Note: The required public hearing was held on March 15, 1994, and several citizens spoke during the two hour hearing. Mayor Dailey closed the public hearing, but the Resolution was deferred until March 30, 1994. At the reconvened meeting on March 30, 1994, there was another lengthy discussion. After two motions to adopt the Resolution (1) with Exhibit A; and (2) with Exhibit B, FAILED by a vote of 4 ayes, 4 noes and 3 absent, the Board agreed to consider the Resolution again on April 5, 1994. See Minutes for March 15, 1994, and March 30, 1994.) At this time Mayor Dailey agreed to let previous speakers address the Board of 2 Minutes April 5, 1994 Directors if they had new information. The first speaker was Mr. Ari Merretazon, who stated he had new information from Mr. John Suskie, the Director of Housing & Urban Development (HUD), that talks about the inappropriate process and procedure the City staff went through and that supports the testimony of Mr. Merretazon. Mr. Merretazon again asked the Board to amend Exhibits A & B to include the repair of Maryland Street between Cedar and Maple and drainage diversion in front of 3710 West 16th Street, which represent priorities 1 and 2 of the Stephens School proposal. He then read a portion of the letter from Mr. John Suskie of HUD. Mr. odies Wilson stated the seven point process the City used is flawed and the Board of Directors should correct it. He said the Trumpet in Zion Church (900 S. Pine St.) will continue to make investments in its neighborhood. Ms. Annie Abrams presented new information in the form of a petition urging the Board to assure funding for the Nat Hill Community Complex on East Sixth Street from the regular city budget, so that any cutoff of federal funds in the future will not threaten the continuation of the Complex, and stated she was in support of the recommendation of the Coordinating Committee. Mr. Carl Hines, 1508 E. 38th Street, spoke regarding youth and education and read a letter to the CDBG Citizen Participation Coordinating Committee from Mr. Ed Stanfield dated April 1, 1994. Ms. Rose Douglas - said the strip of land between the church (Trumpet in Zion - 900 S. Pine) and the health center belongs to the City of Little Rock and needs to be paved. It is very hazardous. City Manager Charles Nickerson stated that staff went through the process. If we choose to take the Coordinating Committee's recommendation, then we have to find $50,000 for the Nathaniel Hill Community Complex. Director Hendrix read a paragraph from Mr. Suskie's letter which said there are no church and state or institutional issues involved in the reconstruction of Maryland Street; therefore the reconstruction is eligible for CDBG funds. There was a motion by Director Adcock, seconded by Director Priest, to adopt the Resolution with Exhibit A (staff recommendation) . Director Hendrix moved to amend Exhibit A to include street repair /Maryland Avenue between Cedar and Maple, and drainage diversion at 3710 West 16th Street at a cost of $175,000 and Maryland, Booker to Brown, and Maryland to 8th Street at a cost of $90,000 (a total of $265,000). The motion was seconded by Director Roy. The motion to amend Exhibit A failed by the following voice vote: Ayes - Directors Roy and Hendrix - total 2; Noes - Directors Scheibner, Keck, Joyce, Priest, Sharp, Lewellen, Mason, Mayor Dailey, and Director Adcock - total 9. The roll call vote was then taken on the motion to adopt the Resolution with Exhibit A, which is recorded as follows: Ayes - Directors Scheibner, Keck, Joyce, Priest, Mason, and Adcock - total 6; Noes - Directors Roy, Sharp, Lewellen and Mayor Dailey - total 4; Abstentions - Director Hendrix. Therefore, the Resolution with Exhibit A was adopted. (Note: At the end of the meeting Director Hendrix asked that her vote be changed to yes for Exhibit A.) (Director Priest was excused at 9:15 o'clock P.m.) Introduced next was a proposed Resolution described as: A RESOLUTION OF INTENT TO ASSURE THAT THE CITIZENS OF LITTLE ROCK WILL NOT HAVE TO INVOLUNTARILY PAY FOR ANY EXTENSION OR WIDENING OF THE CHENAL PARKWAY; AND FOR OTHER PURPOSES; At the request of Mayor Dailey, City Attorney Tom Carpenter explained that the recent action of the Board of Directors in approving a definition of the Chenal Parkway as a four -lane road has left the impression that the Board is going to require the citizens to pay for the eventual widening of the parkway. (See Minutes of March 15, 1994 and discussion related to Ordinances No. 16,621 and 16,622.) That was not the intention of the Board of Directors. This Resolution notes that any expansion of the parkway will be paid for with citizens tax dollars only if the 7 j. 583, 584 Minutes April 5, 1994 citizens vote to do so, and further assures that the expansion is not lost in a general ballot title; the question will have to be set out separately so that any vote is specific and unique to the expansion project. After a brief discussion, the Board of Directors agreed to defer the Resolution until staff comes back with the Master Street Plan amendment regarding Chenal Parkway on May 3, 1994. Therefore, no action was taken on the proposed Resolution. The next presentation was a proposed Ordinance, with the title being: AN ORDINANCE CONDEMNING THE STRUCTURE AT 715 SHERMAN STREET IN THE CITY OF LITTLE ROCK, FORMERLY USED AS KRAMER ELEMENTARY SCHOOL, AS A STRUCTURAL, FIRE AND HEALTH HAZARD; 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. Since the proposed Ordinance was tabled on March 15, 1994, there was a brief discussion regarding how many votes were required to bring the Ordinance back to the table for consideration. City Attorney Tom Carpenter explained that according to Robert's Rules of Order a simple majority vote is required to remove the ordinance from the table; therefore, only six (6) votes are required rather than the two - thirds vote of eight as previously stated. Mayor Dailey then ruled that six aye votes would be required to remove the Ordinance from the table. There was a motion to overrule the chair and require eight (8) votes to remove the Ordinance from the table. The motion was made by Director Keck and seconded by Director Scheibner. The motion failed by the following roll call vote: Ayes - Directors Scheibner, Keck, Joyce and Sharp - total 4; Noes - Directors Lewellen, Mason, Mayor Dailey, Directors Adcock and Hendrix - total 5; Abstentions - Director Roy - total 1; Absent - Director Priest - total 1. There was a subsequent motion by Director Lewellen, seconded by Director Mason, to remove the proposed Ordinance from the table. The motion was adopted by the following roll call vote: Ayes - Directors Joyce, Lewellen, Mason, Mayor Dailey, Directors Adcock and Hendrix - total 6; Noes - Directors Scheibner, Keck and Sharp - total 3; Abstentions. - Director Roy - total 1; Absent - Director Priest - total 1. (Director Priest re- enrolled at 9:30 o'clock P.M.) The Ordinance was then read the first time. Director Roy excused himself from the Board of Directors platform in order to speak from the podium as a citizen and owner of the Kramer School property at 715 Sherman Street. Ms. Cheryl Nichols, Executive Director of the Quapaw Quarter Association spoke in opposition to the Ordinance, stating Kramer School can be saved by demolishing the two newer sections of the building and mothballing the original structure until a new use is found. She said the Greater Little Rock Revolving Fund for Historic Preservation remains willing to assume responsibility for the building. Once it is in the hands of a non - profit organization or in the hands of the City of Little Rock, Kramer School will be eligible for grant funding. QQA will be willing to chip in to see that the building is secured properly. She concluded by asking the Board of Directors to help the Preservation Committee by not condemning Kramer School, by having it boarded and secured, and by urging Director Roy to place the school in the hands of an entity that can make use of available grant funding and charitable donations to see that the building is stabilized. In response to a question by Director Scheibner, Ms. Nichols said City staff has estimated that it will cost around $4,000 to board and secure the ground floor of the building. The next speaker was Ms. Judith Faust, 1508 Louisiana, who stated the Board can prevent the destruction of this building and promote a healthy community. She encouraged the Board of Directors to prevent the demolition 8 Minutes April 5, 1994 of Kramer School until there has been opportunity for further efforts to develop it. Ms. Jeanette Heinbockel, 1711 Center Street, a member of the Historic District Commission, spoke in opposition to the Ordinance. She concluded by urging the Board of Directors to enforce the "board and secure" letter sent to Director Roy and to preserve the building until a suitable use can be found for it. Ms. Donna Gay, 2100 Spring St., stated she supported the Historic District Commission in asking the Board to give us the opportunity to save the beautiful building. Mr. Jim Rule, 218 Kings Row, pointed to the picture of Frederick Kramer (Mayor of Little Rock between 1873 and 1875, and council member from 1881 to 1887) hanging on the wall of the Board Room and questioned how the Board could consider tearing down a structure that is a monument to his civic duty. Mr. Craig Rains, 201 Vernon Avenue, stated he believed in downtown Little Rock, and cited old deteriorated buildings that had been saved and restored by people with vision (Capitol Hotel, Taborian Hall, the Old Statehouse). He concluded by asking the Board to give the Kramer School building a reprieve. The last speaker was Dr. Hamp Roy, owner of the Kramer School building located at 715 Sherman Street. Dr. Roy stated his long term commitment to historic preservation and that he purchased Kramer School in 1989 to try to save the historic structure and has tried diligently to do so. No one has stepped forward to save this building that has the financial resources to do so. He concluded by saying the building has been inspected by City inspectors and found to be a safety hazard, and asked the Board to permit the demolition of Kramer School. Dr. Roy then responded to questions by the Board of Directors. Ms. Annie Abrams, 1925 Wolfe Street, speaking as a former member of the first Historic District Commission which was appointed in 1976, said their task was to begin helping the citizens of Little Rock to understand the significance of the preservation of our history. Ms. Abrams spoke at length about Dunbar High School being on the National Register of Historic Places. She concluded by stating she was speaking on behalf of the survival of the Little Rock Historic District Commission. Michelle Roy (Mrs. Hamp Roy) spoke in response to questions asked by Directors Adcock and Mason on what would happen if the permit to demolish Kramer School was denied. She stated that she and Dr. Roy were not willing to give the building to the Revolving Fund, because they did not have the money to do anything with it. She concluded by urging the Board of Directors to grant a permit to demolish Kramer School. There was discussion among Board members regarding the City's liability should an injury occur on the property and whether or not the City would accept the building should Dr. Roy give it to the City. City Manager Charles Nickerson said he did talk to Dr. Roy last year about the possibility of the City taking the building and possible uses for it. However, the difficulty is that the City does not have the funds to do the basic reroofing and reflooring to put it in the condition to market the building to other agencies. Director Keck expressed concern about the precedent the Board would be setting in allowing the demolition of Kramer School and basically overturning the recommendation of the Historic District Commission. Following the lengthy discussion, there was a motion by Director Keck, seconded by Director Hendrix, to suspend the rules and place the Ordinance on second reading. The motion failed by the following roll call vote: Ayes - Directors Keck, Joyce, Priest, Lewellen, Mason, Mayor Dailey, and Director Hendrix - total 7; Noes - Directors Scheibner, Sharp, and Adcock - total 3; Absent - Director Roy - total 1. Having failed to receive the required eight (8) votes to suspend the rules, the Ordinance was left on the calendar for second reading on April 19, 1994. City Manager Charles Nickerson advised the Board that Staff would have to take steps immediately to board and secure the building, since no action was taken on the Ordinance. Director Sharp then changed his vote to "Aye" in order to move forward with the Ordinance. However, Director Keck changed his vote to "No" and the total vote remained the same. E 9 /i l_ FJLOJR 586 Minutes April 5, 1994 The last item to be considered was a proposed Ordinance described as: AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REVISED CODE 1988 SECTION 35 -26 TO EXPAND THE MEMBERSHIP OF THE LITTLE ROCK MUNICIPAL WATER WORKS COMMISSION TO FIVE (5) MEMBERS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Director Roy was excused at 10:50 o'clock P.M.) Mr. Craig Wood, Chairman of the Little Rock Water Works Commission, addressed the Board of Directors, stating that for over fifty (50) years, the Commission has been composed of three (3) members who have had oversight responsibility for the development of the water service now enjoyed. Little Rock does not have a water rationing or low water level problem, or water quality problems. He said the Commission does not believe adding two members will necessary threaten the quality of the Water Works, but does not see that there exists a deficiency in need of repair. Mr. John Gill, attorney for the Water Works Commission, stated the Commission feels there is a legal issue involved, and that the Board should seek statutory authority for making the change. If there is a cloud over the Water Commission, the credibility of the Commission can be attacked. He concluded by asking the Board of Directors to "do it legally and do it right and don't cast a shadow over this Commission." Director Keck said the Board requested an Attorney General's opinion in December or January, and still hasn't received it. If we ask for it again, how long do we have to wait? City Attorney Tom Carpenter responded to questions and comments by the Board, stating the best course is to seek legislative action. The Ordinance was then read the first time. There was a motion by Director Adcock, seconded by Director Keck, to suspend the rules and place the Ordinance on second reading. The motion was adopted by the following roll call vote: Ayes - Directors Keck, Joyce, Priest, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Hendrix - total 9; Noes - Director Scheibner - total 1; Absent - Director Roy - total 1. Director Adcock stated she would like to see the Ordinance left on second reading and that Mr. Carpenter come up with a way we can widen representation. City Attorney Tom Carpenter said the Board does not have the authority to put requirements on the membership. The state statute says the members have to be qualified electors of the City and that is the only requirement. After further discussion, the Ordinance was then read the second time. There was no motion to suspend the rules for the third reading; therefore, the Ordinance was left on the calendar for third and final reading on April 19, 1994. At this time Director Hendrix stated that she wished to change her vote on Item 7 (see Resolution No. 9,140 above) to "yes" for Exhibit A. There being no further business to be presented, the Board of Directors adjourned at 11:10 o'clock P.M. to meet again in regular session on Tuesday, April 19, 1994, at 6:00 o'clock P.M. ATTEST: Robbie Hancock City Clerk 10 APPROVED: d mat m Dailey Mayor