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HomeMy WebLinkAbout11-16-93461 Robinson Center, Rooms 102 -103 Little Rock, Arkansas November 16, 1993 - 6:00 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session in Rooms 102 -103 of the Robinson Center, Markham and Broadway, due to the renovation of the Board of Directors Chamber at City Hall to accommodate four additional Directors as approved by the electorate at a Special Election held July 27, 1993. Mayor Dailey presided and City Clerk Robbie Hancock called the roll with the following Directors present: Directors Sharp, Lewellen, Mason and Adcock - total 4; Absent Directors Priest and Roy - total 2. With a quorum present, Mayor Dailey declared the Board of Directors in session and the proceedings are recorded as follows. The Invocation was given by Director Adcock, followed by the Pledge of Allegiance. The first matter to come before the Board was the presentation of a Certificate of Appreciation by Mayor Dailey to Mr. Ron Hoof, a TV personality with Channel 7, for his volunteer work with "The Real Deal Program." At the request of Mayor Dailey, Mr. Hoof explained that "The Real Deal Program" is a youth program that teaches young people that they are responsible for their actions; for the good things and bad things; and for the good things, you start out by getting a good education. It teaches that drugs will "kill you dead." The program stresses the importance of real life choices and to be responsible, and that each is responsible for the direction his or her life goes. Directors Mason and Lewellen commended Mr. Hoof for opening doors for young people. The Consent Agenda was the next presentation, consisting of the following items: (a) Approval of the Minutes of the Board of Directors meeting held September 7, 1993. (b) The Abstract of Votes of the Special Election held October 19, 1993, on the question of issuing Capital Improvement Bonds for the purpose of financing improvements to the Convention Center. (To be received and filed.) (c) Resolution No. 9,039, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PRUDENTIAL INSURANCE COMPANY OF AMERICA TO PROVIDE HEALTH CARE INSURANCE COVERAGE FOR CITY OF LITTLE ROCK EMPLOYEES FOR A 12 -MONTH PERIOD EFFECTIVE JANUARY 1, 1994. (d) Resolution No. 9,040, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF MODULAR OFFICE FURNITURE FOR THE SOUTHWEST COMMUNITY COMPLEX. (Today's Office of Little Rock, Arkansas in the amount of $21,206.00.) (e) Resolution No. 9,041, described as: A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE INSTALLATION OF FIBER OPTIC CABLE TO VARIOUS CITY DEPARTMENTS. (PAGIS) (Contract to Staley Electric of Little Rock, Arkansas, not to exceed $27,300.00.) 1 462 Minutes November 16, 1993 (f) Resolution No. 9,042, containing the following title: A RESOLUTION AUTHORIZING THE CITY MANGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR CONSTRUCTION OF A VEHICLE MAINTENANCE AND ADMINISTRATIVE OFFICES BUILDING AT THE NEW SOLID WASTE FACILITIES. (Contract to Farrell Construction of Pine Bluff, Arkansas in an amount not to exceed $757,300.00 - base bid of $688,445 plus 10% contingency.) (g) Resolution No. 9,043, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR CONSULTANT ENGINEERING SERVICES FOR CDBG RECONSTRUCTION OF WEST 6TH STREET FROM APPIANWAY TO THAYER. (Contract to Development Consultants, Inc. (DCI), not to exceed $22,744.56.) (h) Resolution No. 9,044, with the title being: A RESOLUTION NOTING THE BOARD OF DIRECTORS ENDORSEMENT OF THE FORT LINCOLN PROJECT; AND FOR OTHER PURPOSES. (Arkansas Department of Parks, Tourism and Recreation is making a decision regarding land condemnation of the 40 acre Fort Lincoln property in DeValls Bluff, Arkansas, a historical site which commemorates freedom for all people, and could attract as many as 500,000 visitors from I -40 each year.) (i) Resolution No. 9,045, described as: A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING TO CONSIDER THE ISSUANCE OF REFUNDING REVENUE BONDS BY THE CITY OF LITTLE ROCK, ARKANSAS HEALTH FACILITIES BOARD (BAPTIST MEDICAL CENTER). (Baptist Medical Center BRI Project in the maximum principal amount of $19,000,000, Series 1993.) (Public Hearing date to be December 7, 1993, at 6:30 P. M.) (j) A Resolution authorizing the offering of up to $17,000,000 City of Little Rock Library Construction and Improvement Bonds, Series 1994, had been placed on the Consent Agenda and Mayor Dailey asked that it be removed from the Consent Agenda and that consideration of a substitute Resolution, offered by Director Mason, be presented separately. (See Resolution No. 9,046 below.) By a motion from Director Lewellen, seconded by Director Adcock, which was adopted by the Board Members present, the Consent Agenda was dispensed with as follows: (a) The Minutes of the Board of Directors Meeting held September 7, 1993, were approved as written and distributed to members of the Board of Directors; (b) The Abstract of Votes of the October 19, 1993, Special Election on the question of issuing bonds to finance improvements to the Convention Center was received and filed; (c, d and e) Resolutions No. 9,039, 9,040 and 9,041, were read in full and adopted by unanimous voice vote of the Board Members present; (f) Resolution No. 9,042, was read in full and adopted by a voice vote of 4 ayes, with Director Sharp voting no, and 2 absent; (g, h and i) Resolutions No. 9,043, 9,044 and 9,045, were read in full and adopted by unanimous voice vote of the Board Members present. (Item j considered separately - see Resolution 9,046.) Resolution No. 9,046 was then presented, described as: A RESOLUTION AUTHORIZING THE OFFERING OF UP TO $17,000,000 CITY OF LITTLE ROCK, ARKANSAS LIBRARY CONSTRUCTION AND IMPROVEMENT BONDS, SERIES 1994 (THE "BONDS "); APPROVING THE FORM OF PRELIMINARY OFFICIAL STATEMENT; AND PROVIDING FOR OTHER MATTERS IN CONNECTION WITH THE ISSUANCE OF THE BONDS; (Issuance of the Bonds approved by the electorate at a special Election held July 27, 1993.) 2 463 Minutes November 16, 1993 Before the Resolution was read, a lengthy discussion was held on the options of negotiated and competitive bidding in the sale of bonds. Mr. John Pryor, Director of Finance, advised the Board that the City's policy on sales and purchasing is by competitive bidding, as provided by Ordinance. He stated, however, that two out of three bond issues this year were negotiated. He further stated that he did not believe there is a need to negotiate the sale of these bonds with an underwriter. Mayor Dailey commented that a negotiated sale would be acceptable to the City. Director Mason said that he would like the Board to have the opportunity to look at another side, recalling that in 1987 the Bond and Financial Markets went through some changes. He felt there are some disadvantages in competitive bidding, one being loss of flexibility. Mr. Pryor then advised that Mrs. Susan Fleming of Stephens, Inc., Mr. Tom Pate of Hill, Crawford & Lanford, and Mr. Larry Richards of A. G. Edwards & Sons, were present to explain the Bond Market and answer any questions the Board might have. Mrs. Fleming was the first to speak and pointed out there is competition in the beginning of the negotiating process. Mayor Dailey asked, "do you think the City should use the negotiated process all the time ?" She responded, "neither one, all the time." Mr. Pate said timing is very critical and suggested the Board might consider splitting the bond sale in two pieces. Mr. Richards spoke briefly regarding the Bond Market. Director Mason commended the speakers for an excellent presentation and asked the Board of Directors to take a look at what we are faced with and not overlook the flexibility. In conclusion, Mr. Pryor said, "we have reviewed all of the issues and don't believe a negotiated sale is needed, but are willing to follow the decision the Board of Directors reaches in this matter." The Resolution was then read in full, followed by a motion made by Director Sharp, seconded by Director Lewellen, that the Resolution be adopted. The Resolution was then unanimously adopted by the following roll call vote: Ayes - Directors Adcock, Sharp, Lewellen, Mason, and Mayor Dailey - total 5; Noes - None; Absent - Directors Priest and Roy - total 2. At the time allotted for Citizen Communications, Mrs. Mae Stubblefield, 1304 West Roosevelt Road, praised the Board for what they have done with what they have to work with. She stated she has lived in her neighborhood thirty years and mentioned some of the problems happening there now. She asked the Board to "please don't send one policeman out at a time, they need help ", adding, "we have respect at our house and these officers don't get respect." Mayor Dailey expressed appreciation to Mrs. Stubblefield for her interest and comments. Ordinance No. 16,525 was the next presentation, entitled: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE CENTRAL CITY PLANNING DISTRICT AT THE CHESTER, 17TH /WRIGHT AVENUE INTERSECTION TO MIXED USE FROM SINGLE FAMILY AND FOR OTHER PURPOSES; (NW and NE corners of the Chester and 17th /Wright Avenue Intersection from single family to mixed use.) and the Ordinance was read the first time. The rules were then suspended and the Ordinance placed on second reading by motion from Director Mason, seconded by Director Adcock, which was unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion made by Director Sharp that the rules be suspended and the Ordinance be placed on third and final reading. Director Mason seconded the motion, which was adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors- 464 Minutes November 16, 1993 elect. A third and last reading of the Ordinance ensued, followed by an Aye and No Vote taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Adcock, Sharp, Lewellen, Mason, and Mayor Dailey - total 5; Noes - None; Absent - Directors Priest and Roy - total 2. The Ordinance was then declared PASSED. Ordinance No. 16,526 was then presented, entitled: AN ORDINANCE AMENDING ORDINANCE NO. 16,495, WHICH VACATED AND CLOSED STREETS IN BLOCK 18 OF NEIMEYER GROVE ADDITION, TO CORRECT THE PROPERTY DESCRIPTION TO INCLUDE THE ALLEY IN BLOCK 18, NEIMEYER GROVE ADDITION, AND FOR OTHER PURPOSES; (To correct description closing portions of Rodgers, Henderson, Wilson and Anglin Streets to include a 20 -foot alley lying between Wilson and Rodgers Streets.) and said Ordinance was read the first time, followed by a motion by Director Mason, seconded by Director Adcock, that the rules be suspended and the Ordinance be placed on second reading. The motion was adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors- elect, and a second reading of the Ordinance followed. A motion was then made for a further suspension of the rules to provide for the third and last reading of the Ordinance, with the motion being made by Director Sharp, seconded by Director Mason, and unanimously adopted by the Board Members present, being five in number and two thirds or more of the members of the Board of Directors - elect. The Ordinance was read the third and last time, and there was an Aye and No Vote taken on passage of the Ordinance with the response being: Ayes - Directors Adcock, Sharp, Lewellen, Mason, and Mayor Dailey - total 5; Noes - None; Absent - Directors Priest and Roy - total 2. Whereupon, the Ordinance was declared PASSED. Consideration was next given to Ordinance No. 16,527, described as: AN ORDINANCE TO AMEND ORDINANCE NO. 16,331 (THE 1993 BUDGET ORDINANCE), TRANSFERRING FUNDS FOR INSURANCE, ELECTION AND OTHER COSTS; AND FOR OTHER PURPOSES; ($85,000 from Organization 1440 - Communications and Signals Account to Organization 6500, with $25,000 designated for Public Officials Liability Account and $60,000 for Contracts Account.) and after a first reading of the Ordinance, there was a motion by Director Mason, seconded by Director Adcock, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance followed by a motion made and seconded by Directors Sharp and Mason, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors- elect, and the third and last reading of the Ordinance ensued. The Aye and No Vote taken on passage of the Ordinance is recorded as follows: Ayes - Directors Adcock, Sharp, Lewellen, Mason, and Mayor Dailey - total 5; Noes - None; Absent - Directors Priest and Roy - total 2. The Ordinance was then declared PASSED. 4 Minutes November 16, 1993 465 Two proposed Ordinances were considered next, with the titles being: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE PINNACLE DISTRICT, LOCATED NORTH OF HIGHWAY 10 AND EAST. OF HIGHWAY 300, FROM SINGLE FAMILY TO OFFICE AND MULTIFAMILY; AND FOR OTHER PURPOSES; and 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 PURPOSES; (Zoning Case Z- 5099 -A; Applicant Eugene M. Pfeifer, III to reclassify property located at Highway 10, Highway 300 and Chenal Parkway, from "R -211, "C -2" and 110-3" to "MF -1811, 110-3" and 11C -3" Districts. Staff recommended approval of all requested rezonings except for "C -3" at Highway 300 and Chenal Parkway. Planning Commission approved the amended request.) Before the Ordinances were read, a lengthy discussion followed regarding the above two issues. Mr. David Jones, Vogel Realty Company, was the first person to address the Board and said he was not opposed to the rezoning, but had some points to make. He read a 1987 Article regarding the Highway 10 Land Use Plan. Mr. Jones stated that he supports the concept that additional commercial acreage is a given along the Highway 10 corridor, he urged the City to be consistent in its application of the "enhanced design criteria" development regulations required of all other developments along Highway 10. Several of the commercial "nodes" were excluded from this requirement but any expansions of the "nodes" to -date have required "PCD" submittals. Mr. Jones supported the principle of Mr. Pfeifer's rezoning request but urged the City to require all developments submitted for this property to be in the form of a "PCD" until such time as the Highway 10 Overlay zone regulations are modified. He said Land Use Plans are guidelines, but there does have to be some flexibility. Mr. Eugene Pfeifer, III was the next speaker and explained his proposal, and Highway 10 Area zoning. Upon question by Director Lewellen who asked Mr. Pfeifer if he basically agreed with what Mr. Jones said, he replied, "I do take exception and I do feel that what we are doing here is consistent with the Plan (Land Use)." At this point, Director Mason asked, "as I recall, you said you were against any further commercial, development on Highway 10." Mr. Pfeifer responded that he was against any further commercial "nodes." He said it would be a disservice to develop commercial "nodes" between existing "nodes." Director Mason asked Mr. Pfeifer to "define your definition of a commercial "node." Mr. Pfeifer then explained that the Highway 10 Plan designated, for example, this intersection of Chenal and Highway 10 as a commercial zone. It was designated on the Plan as a circle. This was arrived at due to traffic, width of streets, studies of commercial needs, amount of acreage and public hearings. Director Sharp commented that times have changed and he strongly feels there are not enough commercial "nodes" on Highway 10; adding, "we need to revisit Highway 10." To conclude the lengthy discussion, Mr. Pfeifer requested that the Board approve his rezoning application. Following the discussion, the two proposed Ordinances were read the first time. There was a motion by Director Lewellen to suspend the rules to provide for the second reading. The motion did not receive a second; therefore, the two proposed Ordinances remained on the calendar for second reading on December 7, 1993. 5 we 0 Minutes November 16, 1993 A public hearing had been scheduled by Resolution No. 9,033 and notice thereof duly published on November 9, 1993 and November 16, 1993, on the request of Mr. Tom Davis, Glacial Concrete, to vacate and close a portion of Vogler Street lying generally between West 12th Street and Rock Creek abutting Block 1, Hocott Home Sites Subdivision of Little Rock, Arkansas. Attached to the petition was a certified copy of "Burks Addition" being a replat of part of Tract it of Hocott Home Sites Subdivision on file in the Pulaski County Circuit Clerk's Office, and a letter from American Abstract and Title Company listing the last owners of record to abutting property. The proposal received the approval of the Planning Commission. Mayor Dailey then declared the public hearing open and with no one present to oppose the closure, he declared the public hearing closed, and Ordinance no. 16,528 was presented, with the title being: AN ORDINANCE VACATING AND CLOSING A PORTION OF VOGLER STREET LYING GENERALLY BETWEEN WEST 12TH STREET AND ROCK CREEK ABUTTING BLOCK 1, HOCOTT HOME SITES SUBDIVISION OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time followed by a motion by Director Adcock, seconded by Director Lewellen, to suspend the rules and place the ordinance on second reading. The motion was unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. A second reading of the Ordinance followed with a subsequent motion made by Director Sharp and seconded by Director Mason, to further suspend the rules and place the Ordinance on third and final reading. With the motion having been unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect, the Ordinance was read the third and last time. The question, Shall the Ordinance Pass, was submitted to an Aye and No Vote, which received the following response: Ayes - Directors Adcock, Sharp, Lewellen, Mason, and Mayor Dailey - total 5; Noes - None; Absent - Directors Priest and Roy - total 2. Therefore, the Ordinance was declared PASSED. At the request of Mr. Hal Kemp, Attorney for the Advertising and Promotion Commission, the Board of Directors added to the Agenda Resolution No. 9,046, containing the following title: A RESOLUTION TO AUTHORIZE THE ADVERTISING AND PROMOTION COMMISSION TO FINALIZE NEGOTIATIONS WITH KINARK, INC. CONCERNING THE CAMELOT HOTEL; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN APPROPRIATE DOCUMENTS; AND FOR OTHER PURPOSES; and the Resolution was read in full. Mr. Kemp explained the Resolution and Plan to the Board, which would release the former owner, the Kinark Corporation of Tulsa, from its lease on the building, parking and concession lease agreements. The Plan provides that Mehta Associates, Inc. will attempt to operate the hotel at a profit and to pay for much needed renovation work. If the Plan should fail, the City would become the owner. The Plan would make the City the hotel's only secured creditor; and transfer to the City Kinark's note of $1,200,000 loan to Mehta and a $640,000 mortgage paid off by Kinark. Mayor Dailey emphasized "we do not want to get in the hotel business, but we do want to keep the hotel open." Mr. Kemp advised, "you do not have to spend any money at this time, and you will receive $200,000 already owed in rental revenues." Mayor Dailey asked Mr. Kemp if this was in the best interest of the City. He replied, "if the City's objective is to keep the hotel open and operating then the answer is yes." Mr. Tom Carpenter, City Attorney, agreed with Mr. Kemp and felt it was the only option available to the City. Following the discussion, Director Sharp advised that he would abstain from voting due to the fact that he had managed the hotel for five years. A motion was then made by Directors Mason and Lewellen, respectively, that the Resolution be adopted. The Resolution was therefore adopted as follows: 2 Minutes November 16, 1993 Ayes - Directors Adcock, Lewellen, Mason and Mayor Dailey - total 4; Noes - None; Abstaining - Director Sharp - total 1; Absent - Directors Priest and Roy - total 2. The last matter to be considered was Resolution No. 9,048, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH VARIOUS ENGINEERING FIRMS FOR ENGINEERING SERVICES FOR THREE 1988 CAPITAL IMPROVEMENT BOND PROJECTS FOR LOCAL STREETS; (Development Consultants - Georgia Street - $29,750; McClelland Consulting Engineers - "H" Street & McKinley Street - $24,500; and McGetrick Engineering - Iowa and Watt Streets - $30,000.) and there was a complete reading of the Resolution. Upon motion by Director Mason, seconded by Director Lewellen, the Resolution was adopted by unanimous voice vote of the Board Members present. At this point, Director Adcock requested that a public hearing be held on December 7, 1993 at 5:30 P. M. to consider a proposed Ordinance, a copy of which she had provided to Board Members, that would remove control of the Museum of Science and History from the Commission and place it under the City. The public hearing was then set for that date and time. There being no further business to be presented, the Board of Directors adjourned at 7:45 o'clock P. M. to meet again in regular session on Tuesday, December 7, 1993, at 6:30 o'clock P.M. (following the Museum public hearing). ATTEST: aa4J-*-*^ • Aac. Cz CL City Clerk Robbie Hancock (JC- 13194) 7 APPROVED: . Ma or Jim Da ley 467