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.)
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(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.
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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.)
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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.
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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
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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
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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
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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
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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
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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