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MINUTES
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
August 21, 2001
6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas met in regular session
with Mayor Dailey presiding. The roll was called by City Clerk Nancy Wood, with the
following Directors present: Directors Hinton, Pugh, Stewart, Graves, Kumpuris, Keck,
and Wyrick, Lichty, Adcock. Vice Mayor Cazort. Director Graves gave the invocation,
which was followed by the Pledge of Allegiance.
A motion was made by Vice Mayor Cazort to make the listed modifications, and to add
M -1 to the Consent Agenda, Director Stewart seconded the motion. Mr. Tom Carpenter,
City Attorney, asked to add an Ordinance to modify the minor curfew ordinance to
permit the City, consistent with state law to pursue action against juveniles, and it has an
emergency clause so that it can run concurrent with the school year. Mayor Dailey asked
Vice Mayor Cazort and Director Stewart to include this item in their motions. They
indicated they would and by unanimous voice vote of board members present, the
modifications were made to the agenda.
PRESENTATIONS:
Summer Youth Program — Centers - Shepherd Ranch — Curtis Curry
PROCLAMATION: Hooten's Kickoff Classic
MODIFICATIONS:
ADDITIONS:
PRESENTATION: Sister City — Kalush, Ukraine.
M -1. RESOLUTION NO. 11,112 — Authorizing the sale of certain real property located
in Little Rock Port Industrial park; authorizing the Mayor and City Clerk to execute a
warranty deed for the conveyance; and for other purposes.
M -2. ORDINANCE NO. 18,548 — To amend portions of the Juvenile Curfew
ordinance; and to declare an emergency; and for other purpose.
DEFERRAL:
20. ORDINANCE — Amending Chapter 30 of the Code of Ordinances of the City of
Little Rock, Arkansas, providing for Traffic Signal Requirements at Intersections. Staff
recommends approval. (Deferred, time to be determined.)
REVISION:
2. RESOLUTION: Authorizing the offering of up to $23,500,000 of City of Little
Rock Arkansas Sewer Refunding and Construction Revenue Bonds, Series 2001; setting
a Public Hearing (September 4, 2001) to consider an ordinance authorizing the issuance
of the bonds; and providing for other matters in connection therewith. (This item was
originally listed on the agenda as a motion, but was actually a resolution. The revision
was to correct this error.
Mayor Dailey announced that the first presentation would be the Sister City, Kalush,
Ukraine. Mr. Bob Turner announced that they had spent a good part of the day with the
representatives on some technical matters, and said he and Director Stewart had had in
the past the opportunity to go visit them, and it has been a wonderful partnership. He
introduced Mr. Walter Nunn, Director of the Arkansas Internal Center of UALR. Mr.
Nunn said the partnership is excellent between the City of Kalush and Little Rock, he
said the partnership has been in existence since 1998, and have had four exchanges
between city officials each way, and as the project advances it becomes more and more
technical, and more difficult because it gets down to the same kinds of conditions Little
Rock deals with and that is how do you make the City operate efficiently, and in a
modern manner and in a way that would be responsive to the desires of the citizens. He
introduced the representatives from Kalush, who through and interpreter, thanked the
Mayor and the Board for the support and assistance city staff had provided to them.
Mr. Curtis Curry, Program Director for Center for Youth and Families, Shepard Ranch
Division. He said this is a non - profit agency providing prevention, intervention and
treatment to children and their families. This is a long -term prevention program for at
risk youth. The children are accepted at age ten and remain in the program until the age
of eighteen or until they graduate from high school. They serve more than one hundred
and eighty seven kids in the Little Rock and Pulaski County area. The children
participate in weekend and summer programs. He said this past summer they had at least
six summer camps going, and had kids in the Hot Springs, Conway, and Little Rock
areas, they participated in some extracurricular activities such as horseback riding and
baseball games, and are required to participate in service projects every day except
Saturday and Sunday. Some of the children and parents who participated in the camps
spoke to the board on the positive things they had experienced through the camp
program. Mr. Curry thanked the City for the funding they provide each year for these
programs.
Mr. Chad Hooten presented a short video advertising the Hooten's Kickoff Classic
commercial to kickoff the high school football program. Mayor Dailey read the
proclamation, proclaiming September 21, 2001 as Kickoff Classic Day.
Mr. Hooten said they were glad to be in Little Rock at Quigley Stadium which had been
dressed up and cleaned up and the new superintendent, Dr. Ken James, and the new
Athletic Director, Johnny Johnson, have done a great job and were going to do a great job
for he Little Rock School District, and have been supportive and have helped them to
make the stadium look good. He said they expect between twelve and fifteen thousand to
be in Little Rock next Saturday who have probably never been to Little Rock before,
people who don't attend Razorback games, and would be their first time to be here, and
that Skip Rutherford was going to have the museum open all day, and they were very
excited to be in Little Rock, and thanked the Mayor and the board for the Proclamation.
Director Keck asked Mr. Hooten what the potential impact this event might have on
Little Rock. Mr. Hooten stated that they wanted to bring in teams that had to travel a
distance, they will eat one to three meals here, and they will spend one or two nights.
The will be spending time in Little Rock and will be doing more than just attending the
ball games, and hope it is between twelve and fifteen thousand people.
CONSENT AGENDA (Items 1 -6)
1. RESOLUTION NO. 11,107 - To change the name of Falls Boulevard to The First
Tee Way; and for other purposes. (Planning Commission: 9 yes, 0 no, 2 absent.) Staff
recommends approval.
2. RESOLUTION NO. 11,108 - Authorizing the offering of up to $23,500,000 of City
of Little Rock, Arkansas Sewer Refunding and Construction Revenue Bonds, Series
2001; setting a Public Hearing (September 4, 2001) to consider an ordinance authorizing
the issuance of the bonds; and providing for other matters in connection therewith.
3. MOTION - To set the date of Public Hearing for September 4, 2001 for
recommendations on the projected uses of 2002 CDBG, HOME, and ESG Funding.
—� 4. RESOLUTION NO. 11,109 - Of support of the Cloverdale Watson Neighborhood
Action Plan.
5. RESOLUTION NO. 11,110 - Amending Little Rock, Ark. Resolution No. 11,039 to
modify the time period for the contract; (Women and Children First: The Center
Against Domestic Violence) and for other purposes.
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6. RESOLUTION NO. 11, 111 - Authorizing the Mayor and City Clerk to execute
deeds for the transfer of two city Lots 10 and the East 6 1/4 Feet of Lot 9, Duvalls
Addition to the City of Little Rock.
M -1. RESOLUTION NO. 11,112 — Authorizing the sale of certain real property located
in Little Rock Port Industrial Park; authorizing the Mayor and City Clerk to execute a
warranty deed for the conveyance; and for other purposes.
The consent agenda was read. Director Adcock made a motion; Director Keck seconded
the motion to adopt the consent agenda. By unanimous voice vote of the board members
present, the consent agenda was adopted.
Grouped Items: 7 -18 and Item M -2, which was added to the grouped items.
7. ORDINANCE NO. 18,534 - Amending Chapter 31 of the Code of Ordinances of the
City of Little Rock, Arkansas, providing for a waiver of Master Street Plan Right of Way
requirements and Street Construction for Lot 4 R in Block 7 and 2 R in Block 8 located at
1410 East 28th Street.
8. ORDINANCE NO. 18,535 - Z- 6698 -A - Approving modification to a Planned
Zoning District and providing for the establishment of a Planned Zoning Development
titled Jacobs — Revised PCD, located within the 3800/3900 Block of John Barrow
Road (west side), in the City of Little Rock, Arkansas, amending Ordinance No. 18,078
and Chapter 36 of the Code of Ordinances of the City of Little Rock; and for other
purposes. (Planning Commission: 8 yes, 0 no, 3 absent.) Staff recommends approval.
9. ORDINANCE NO. 18,536 - Z- 6932 -A - Approving modification to a Planned
Zoning District and providing for the establishment of a Planned Zoning Development
titled Childers- Bennett — Revised PCD, located within the 9802 Geyer Springs Road, in
the City of Little Rock, Arkansas, amending Ordinance No. 18,078 and Chapter 36 of the
Code of Ordinances of the City of Little Rock; and for other purposes. (Planning
Commission: 8 yes, 0 no, 3 absent.) Staff recommends approval.
10. ORDINANCE NO. 18,537 - Z- 4776 -A —Repealing Ordinance No. 15,819 and
revoking a planned Zoning District titled Gavin- Short Form PCD located at 8424
Kanis Road; and for other purposes. (Planning Commission: 8 yes, 0 no, 3 absent.)
Staff recommends approval.
13. ORDINANCE NO. 18,540 - Z- 2035 -A - Approving a Planned Zoning Development
and establishing a Planned Commercial District titled Woods Short Form PDC located
at 1320 Dr. Martin Luther King, Jr. Drive in the City of Little Rock; and for other
purposes. (Planning Commission: 9 yes, 0 no, 2 absent.) Staff recommends approval.
14. ORDINANCE NO. 18,541 - Z-7079 — Reclassifying property located in the City of
Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock,
Arkansas; and for other purposes. Staff recommends approval.
15. ORDINANCE NO. 18,542 - Z- 1930 -B — Reclassifying property located in the City
of Little Rock, Arkansas at 8200 Geyer Springs Road, from Urban Residence to General
Office; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for
other purposes. (Planning Commission: 9 yes, 0 no, 2 absent.) Staff recommends
approval.
16. ORDINANCE NO. 18,543 - Amending Chapter 30 of the Code of Ordinances of the
City of Little Rock, Arkansas, providing for a deferral of Boundary Street Improvements
for Staley Electric Inc., located at 3400 J. E. Davis Drive. (Planning Commission: 8
yes, 0 no, 3 absent.) Staff recommends approval.
17. ORDINANCE NO. 18,544 - To repeal Little Rock, Arkansas Ordinance Number
5,939 (July 2, 1940) to pay Commissioners of the Little Rock Water Works
Commission; and for other purposes.
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18. ORDINANCE NO. 18,545 - To amend Little Rock, Arkansas Rev. Code 2 -273 (a0
(1988) to modify the number of Commissioner positions (Domestic Violence
Commission) from not less than fifteen (15) to not less than eleven (11).
M -2. ORDINANCE NO. 18,548 — To amend portions of the Juvenile Curfew
Ordinance; and to declare an emergency; and for other purpose.
The ordinances were read the first time; rules were suspended by a unanimous voice vote
of the board members present to provide for the seconded and third readings of the
ordinances. The ordinances were read the second and third time. (Except for Items 11
and 12, as there were cards presented to speak on these two items.) A motion was
made by Director Adcock to adopt the resolutions and the emergency clause, Director
Keck seconded the motion, and by unanimous voice vote the ordinances and
emergency clause were adopted.
Mayor Dailey asked Mr. Winton McGinnis who was there to address the board on Items
11 and 12. Mr. McGinnis stated he represented the property owners, and was the
President of the property owners Association of Brodie Creek Development. He said in
this development the concerns of his residential community were that there is only one
way in and out and it is though their community and they wanted to express their concern
to the board that maybe something could be done to require the developer or somehow
have some additional entrances and exits out of this development. He said they felt with
Summit Mall coming in, and Rock Creek Baptist Church coming in, that has some two
thousand members, there might be a public safety problem to their neighborhood. Mr.
Jim Lawson, Director of Planning and Development stated this particular land is actually
part of Brodie Creek. At the time that the land was planned to be developed, the concept
was to develop all the land in the same type of format. From a market standpoint, it
didn't do quite as well as they thought, and what they have done is change the design
somewhat. He said staff still thinks it is a real good design, and from a transportation
standpoint, they have as in all subdivisions, streets that are stubbed out and would be tied
into at some point. For the city to be able to require streets be built to this point, he didn't
know exactly how the city could do that. He said it is going through Brodie Creek, but it
was always planned to go through here because it was a part of Brodie Creek. Mr.
Lawson stated that over a period of years, other streets would be tied into this
development. Mr. Lawson stated he would assume this is a long -term development.
Mr. Bob Turner, Director of Public Works, said that ultimately this subdivision would
have three outlets, one going to Kanis Road to the north, the other going to relocate at
36th Street, and its to the south of this subdivision. The other is going to Brodie Creek.
This development is somewhat less intense than the original development and when staff
was working with 36th street some traffic projections were done and when this was fully
built, projections were made that there would be six thousand vehicles a day going
through Brodie Creek. Mr. Turner's opinion was that there would be less than that. He
said that ultimately when the property is developed around it, they would have to
construct that part of the collector street to connect to Kanis and to connect to 36th Street.
Director Adcock asked about Item 11, the waiver to sidewalk construction. Mr. Turner
said what this is, is a variance to the normal sidewalk standard that puts the sidewalk
right beside the curb. On this particular subdivision, there is a large amount of green area
fronting the collector street, there are no houses that front the collector street, and what
they have agreed to do is meander a sidewalk away from the street within an easement so
that in effect there would be a sidewalk but it would be a waiver of the design standards
that would normally put the sidewalk inside the right of way. He said there is adequate
circulation for pedestrians. Mr. Ron Tine, representing Rocket Properties, developer of
the Woodlands. He said they are building sidewalks one hundred percent to the city's
requirement. In addition to that he said they were building two to three miles of internal
pedestrian trails. He said the variance has to do with the sidewalk that will parallel the
collector street that goes through the property. He said what they were trying to do is
allow that sidewalk or trail to meander in and out of the trees to leave that the public right
of way so more trees can be left and allow the sidewalk to adjust to the terrain. He said
regarding the points of ingress and regress, there will be four additional streets, a total of
seven stub streets, which will in effect leave this property. These would be tied on as the
surrounding area develops. Director Lichty asked if the sidewalk were outside the right
of way does the city of Little Rock forfeit any control over future control or maintenance
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of those sidewalks. Mr. Turner answered that they were concerned about that and had
required that they give the city an easement; therefore once the trail is built they can't go
in later and take it out.
Director Keck asked what Mr. Tine saw as a timeline taking place for when development
begins, when lots would begin to sell, and built out and construction. Mr. Tine said they
would begin phase one this fall. There will be lots sold on the market hopefully in 2002.
Mr. Tine said the projected to have ten to twelve phases over the next five to seven years.
Mr. Tine said phase one would consist of sixty -nine lots. Mr. McGinnis said as far as the
streets that would be stubbed they would be developer driven, and there are eight
thousand cars that would be coming out of this subdivision through Brodie Creek, and if
there is a storm like last year, they see a real problem with people not being able to get
out. Director Keck stated that one of the things Mr. Tine or Mr. Lawson mentioned was
there would be other streets that feed into the subdivision, and asked at what point and
time does it trigger the construction of the additional streets for relief of traffic
congestion, as he thought it was a valid question that Mr. McGinnis was brining up. Mr.
Bob Turner answered that the construction of any street, is developer driven, just as this
particular street is developer driven. As they develop the property, the Master Street Plan
and the Boundary Street Ordinance requires that they build streets that serve their
frontage or interior to their development at their cost. Director Keck asked if there is
something that happens that triggers an event or magic number the developer needs to get
to where the additional road construction begins, even for areas that aren't readily
developed. Mr. Turner said that is not an area that is covered by the city's Boundary
Street ordinance, it's only triggered by development that occurs that would be occurring
adjacent to this subdivision and they would have to construct the road. Director Keck
asked Mr. Tine if he would speak to that question. Mr. Tine said they were meeting
every requirement in terms of street construction that the City of Little Rock has. He
stated they don't control what happens beyond the land that they own. They were
stubbing to the adjoining properties, they were meeting the City's street plan, and that
will key the timing of those streets being connected, would be as a result of other
developers buying the property and extending them on out. He said it has always been
that way; it's that way in every development. Director Adcock asked when Brodie Creek
was developed, if the residents who have purchased homes in there, were told there was
going to be this other development behind Brodie Creek? Mr. Tine said that he thought
Mr. McGinnis would have to address that question. Mr. McGinnis said yes, they had a
second, third and forth phase and it was to tie back in to Kanis Road, they were told. He
said they understand that this developer is not tied, or there is no contractual agreement
between the two. Director Adcock asked what price range of homes, compared to those
in Brodie Creek, were these homes going to be. Mr. Tine said the homes in the
Woodlands would be very comparable, he said they were looking at price range of
$175,000 to in excess of $300,000. The lot sizes would be considerably larger.
11. ORDINANCE NO. 18,538 - Amending Chapter 30 of the Code of Ordinances of the
City of Little Rock, Arkansas, providing for a variance of design standards and sidewalk
construction outside R -O -W for the Woodlands Subdivision located west of Bowman
Road and Brodie Creek Neighborhood. (Planning Commission: 8 yes, 0 no, 3 absent.)
Staff recommends approval.
12. ORDINANCE NO. 18,539 - S -1313 — Amending Chapter 31 of the Code of
Ordinances of the City of Little Rock, Arkansas, providing for variances to allow lots
without public street frontage and pipe stem lots with reduced standards for the
Woodlands — Preliminary Plat located west of Bowman Road and The Brodie Creek
Neighborhood. (Planning Commission: 8 yes, 0 no, 3 absent.) Staff recommends
approval.
Director Lichty motioned; with Director Keck seconding the motion to suspend the rules
and place the ordinances (Items 11 and 12) on second reading. With a unanimous voice
vote of the board members present, the rules were suspended and the ordinances were
read the second time. Director Lichty made a motion; Director Keck seconding the
motion, to place the ordinances on third and final reading. By unanimous voice vote of
the board members present, the rules were suspended to provide for the third and final
reading of the ordinances. The ordinances were read the third time, and by majority
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voice vote of the board members present, the ordinances (Item 11 and 12) were
adopted. Director Adcock voted no.
19. ORDINANCE NO. 18,546 - Amending Chapter 31 of the Code of Ordinances of the
City of Little Rock, Arkansas providing for a deferral of Boundary Street Improvements
for Bale Elementary School located at 6501 W. 32nd Street. (Deferred from August 7,
2001.) (2 "d Reading.) The ordinance was read the second time. Director Keck asked
Mr. Turner, Public Works Director, why staff was not recommending that this move
foreword now with the Boundary Street Improvements. Mr. Turner said there are two
different schools on that property. One is the Bale Elementary School, located to the east
side of the property, and one is on the west side, the Southwest Middle School. Both
properties have essentially a shared frontage by deferring the Bale Elementary property
when they come back to do something with the Southwest Middle School would be in his
opinion the time to do all the street at that one time, rather than do it piece by piece. He
did not have a time frame on this. He said the street there is adequate to handle the traffic
that is there, there is no significant need to widen the pavement partially because you
wouldn't be able to put any more traffic on it. Director Keck then asked about the
sidewalk improvements that are necessary because of the open ditches, and asked if there
were anything that could be done in the interim. Mr. Turner said in this case, in this
location, there is a sidewalk that exists on the school property all across the frontage of it.
It is inside the playground behind the fence, so the pedestrians are separated from the
ditch by the fence, and there is an access through the property. He said 32nd Street, two
blocks east of this location, there is an area where there is a fairly deep ditch, no
sidewalk, and that creates a real difficulty for students to walk, but the remainder of 32nd
Street has sidewalks on a walking area. A motion was made by Director Kumpuris to
place the ordinance on third and final reading, Director Keck seconded the motion, and
by voice vote of board members present, the rules were suspended and the ordinance as
read the third and final time. By majority voice vote of board members present, the
ordinance was adopted. Director Adcock voted no.
20. ORDINANCE - Amending Chapter 30 of the Code of Ordinances of the City of
Little Rock, Arkansas, providing for Traffic Signal Requirements at Intersections.
Staff recommends approval. (Defer for thirty days.)
21. PUBLIC HEARING & RESOLUTION NO. 11,113 - To rescind the Planning
Commissions decision to deny the request for abandonment of ally right -of -way between
Arch Street and Gaines Street in Block 125, Original City of Little Rock, Arkansas.
(Planning Commission: 0 yes, 7 no, 3 absent.) Staff recommends approval. Mayor
Dailey opened the Public Hearing. Mr. Jim Lawson, Director of Planning and
Development, gave a brief presentation saying on this particular issue, when it came
before the Planning Commission, what the Planning Commission asked GSA (the
applicant) what they were going to do with this portion of the land they were going to
close. They really don't have a concrete plan, and he thought that was what the issue
was. He said normally in an alley being closed, staff doesn't necessarily say that the
applicant has to tell them what is going to be done before it is closed, but that the
Planning Commission felt it was very important in order to be closed to find that out. He
said staff does recommend that it be rescinded and it be closed. Mr. Bob Turner, Public
Works Director, stated that at the time of the Planning Commission meeting, there were
some GSA members present, that were asked by the Commission what they had plans
for, at that time GSA couldn't really tell them, and basically said they would continue to
use it as a parking lot, and re -stripe the lot to incorporate the alley. Mr. Turner said he
thought at that point the Planning Commission was concerned that the city could
franchise the alley to them and achieve the same thing. He said he thought that was why
the Planning Commission took the vote that they did. Director Wyrick asked what the
city policy is now on who takes care of alleys, who maintain them. Mr. Turner said
clearly the alley is owned by the City, the responsibility is the City's, but he said the City
doesn't have the means to maintain the alleys. Director Wyrick asked if the City were
maintaining this alley? Mr. Turner answered to his knowledge, the City was not. Mr.
Steve Young, the Acting Assistant Property Manager for the General Services
Administration in Little Rock, was asked by his agency to come and ask the Board of
Directors to rescind the Planning Commission's decision to deny the request for
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abandonment of the alley right of way. Director Adcock asked what the alley would be
used for. Mr. Young responded that right now the federal government has purchased the
parking lot both to the east and the west of this alley way so they own all the land around
it. He said they have no plans to build on this property. He said his understanding was
that they were more interested in basically the control of the access into the property.
Now they have the two parking lots that I.R.S. employees, U.S. Marshall Employees, the
Social Security Administration and the Corp of Engineers employees parking on the lot.
The alley bisects the center of the lot and it is a public access point where anybody can
drive through the center of this lot, and it creates a possible safety hazard, and right now
in reference to the maintenance of the alley, they have resurfaced and striped both the
lots, and unfortunately the alley between the two is in a pretty sad state, with rough
pavement, holes, etc. and they have no basic authority to make improvements there.
Director Adcock asked if it would still be available for the public to use. Mr. Young
answered that he hoped it would not, they would like to gate or fence the area to make
this a secured parking area, and with the access going through the center that would be
difficult to do. Mr. Carney shared some discussion staff had had with the General
Services Administration and others related to the proposed new federal courthouse
building at Broadway and Capitol. That project is scheduled to move forward, and there
is some active planning and design work going on that project, but what is before the
Board tonight, is one square block of hard surface parking, with all the parcels having
been purchased by GSA. Mr. Carney indicated they had had discussion with GSA about
this square block being one of the locations for future downtown structured parking. He
said he was optimistic that over time, staffs dialog with GSA will in fact yield an idea for
the Board to consider so that here could be a structured parking facility to serve not just
federal employees, but the public and if constructed, the new municipal court building as
they have being working on that one at a site adjacent to this spot, and all of that would
come together in fairly short order in terms of the design plan and in conjunction with the
proposed new courthouse building and our own City structure. He said it seemed to him
that in the request to the Board, is an interim action to in effect vacate and convey this
public alley across the center of this particular hard surface block, which the City cannot
maintain, and its better hard surfaced, and GSA has agreed to do that when vacated and
conveyed, but in longer term, it is staffs desire that his entire parcel be into a single
ownership and then in terms of a future parking facility partnership. GSA has been very
receptive to that, and said staff would recommend this to the Board for approval as Mr.
Turner has outlined. Director Lichty said it is not unprecedented that the City allows
these abandonments of both alleys and streets for single owners of properties. He said it
has been done on more than one occasion, it was done with the Axiom building, and this
was not unlike that, and he had no problem with it. Mayor Dailey stated he could find no
negative with this, and felt it should go forward with staff's recommendation. Vice
Mayor Cazort moved to adopt the resolution to reverse the Planning Commissions
decision. Director Lichty seconded the motion. By unanimous voice vote of the board
members present, the resolution was adopted.
22. ORDINANCE NO. 18,547 - Condemning certain structures in the City of Little
Rock as structural, fire and health hazards; 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. The ordinance was read the
first time. The rules were suspended to provide for the second and third readings of the
ordinance by unanimous voice vote of the board members present. By unanimous voice
vote of the board members present, the ordinance and emergency clause was adopted.
23. RESOLUTION - To approve the extension of sewer service to the Woodland Hills
Community in Saline County, Arkansas.
24. RESOLUTION - To approve the expansion of sewer service to the City of
Alexander, Arkansas.
Mr. Al Stafford, long time business neighbor in Alexander, Arkansas, having owed
several acres of land there. On this land are Sewer District 142 and the City's twelve -inch
water line. He said he has since gotten rid of the land. He said there is a need for the
sewer district, there is sixty acres of land which forty acres would be developed and be
affordable homes. He said the City of Alexander needs it and thought it would be a good
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economic deal for Little Rock. Mayor Dailey asked if the property had already been
annexed. Mr. Stafford said it had been annexed into the City of Alexander.
Mr. Carney stated that both of these items, staff believed should be considered in a
similar fashion and the recommendation from the City Manager's office is simply related
to public policy issue, the City does not believe that in the general sense, city services, in
this case, sanitary sewer as a city service should be extended beyond the city limits.
Those who live in the city limits should be to a large extent exclusive beneficiaries of
those city services that have resulted from capitol investments over time by the City of
Little Rock, tax payers and rate payers, and as a result, just like theCity does not extend
fire service or police service, the City should not extend other city services beyond the
`-' City. Certainly this extension would encourage growth and development, in other areas
beyond the city limits, and believed that was bad for the City of Little Rock, and as a
result the policy recommendation is that the Board not approve both these requests. Mr.
Carney said there was also some written communication from the City Attorney. Mr.
Tom Carpenter, City Attorney, stated the question on whether to do this is obviously a
policy decision with the Board who has fairly consistently for some time indicated this is
the type of thing it wishes to do and would do so only under certain limited
circumstances, the exceptions being health circumstances, such as when Bryant had
literally no place to get water, and the wells were running dry. The court litigated the
exact issues of whether to deal with these extensions has refused to do extension in the
past and has been in both state and federal court and has been upheld. Mr. Carpenter
stated the situation where the City has extended water was where there was no source,
and most cities have been able to deal with sewer. Even in the sewer situation with one
exception, he could think of, in the seventeen years he has been here, the city has fairly
uniformly turned these down. Director Lichty stated also that there was an explicit
understanding with the City of Alexander there would be no further extension or
expansion of that service. Mr. Carney said the existing contract with the City of
Alexander makes it clear that before there could be such an extension or expansion of any
sort that policy issue must come back to the City Board of Directors, clearly gives the
Board the option to say yes or no with any kind of change. Mr. Reggie Corbit,
representing Little Rock Wastewater, was present to explain why the sewer committee
recommended approval of the extensions. He said in the first case the Crooked Creek
Land Company, within the City limits of Alexander, and there are in place the
ordinances, pre- treatment ordinances, and other ordinances they are required by
regulatory authorities to have in place, to extend the sewer service. He said in looking at
it they have capacity, and realize it is a decision of this Board on whether to extend it, but
with those two things in mind, that was the basis of the Sewer Committee's
recommendation. In the case of Woodland Hills, it was a health issue, they have had
some twenty nine violations of their permit, and their treatment plant flows into a
tributary of the Fourche Creek which runs into the center of the City of Little Rock, and
that was the basis for the recommendation for this entity. Mayor Johnson, City of
Alexander, stated the last time she was at the City was when theCity approved their
contract. She said this time they have a contract and what she would like the Board to do
is honor that contract. She said they were following all the steps they sere supposed to
for this, and the project they have going is going to be one hundred and sixty affordable
homes, and it would be for everybody. She said she was told that people were worried
about white flight, and she didn't think it was just white flight, it was flight period.
Blacks are moving to this area as fast as whites are. She said she was just asking the
Board to give Alexander a chance to grow. Director Lichty commented on Mayor
Johnson's comment about the contract. Director Lichty said that contract specifically
says you (Alexander) cannot expand without the concurrence of this Board, and it is not
like the board is not honoring that contract, the Board does and has honored that contract,
as he understands it. He went on to say this is the point at which this board then makes a
policy decision as to whether or not they want to allow continued growth in the City of
Alexander, he stated he wanted to correct the impression that Mayor Johnson had left that
the City of Little Rock was not honoring that contract. She said that Bryant had basically
the same contract as they had, and they had continued to grow and that was what she
wanted for Alexander. Mr. Stafford said Sewer District 142 serves Alexander now, the
property owners paid for it, and the City of Little Rock has a twelve inch waterline in
Alexander now, so it would not be an addition, anything from Little Rock, would have to
be done now, to serve the City of Alexander, and they needed it badly. Mr. Troy LaHay
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expressed it was the feeling for many residents in Southwest Little Rock, that sewer
services not be extended outside the city limits as long as there are areas in the city that
do not have sanitary sewer, and there are quite a few little pockets around that don't have
it. He said it was not the City of Little Rock's problem to get into this and take care of
the overflow created by the development of the Woodland Hills area. Who would pay for
the outfall lines to hook this thing up? He stated this was talking about mega bucks when
you start talking about laying 12 to 18 inch sewer lines. He asked would the treatment
facility carry an additional load? Mr. Laha asked the board to vote against extending the
sewer to these two towns. Ms. Janet Berry, President of Southwest Little Rock United
for Progress, urged the board not to provide additional sewer lines to the two entities into
Saline County. She said there were several factors to consider. There are several areas in
the City of Little Rock without sewer service. She said since the request is across the
County line, the City of Little Rock would not be able to extend the extraterritorial
jurisdiction to include the area, the City will not have direct control of the type of
development occurring in the area. None of the requested sewer service is in the City of
Little Rock, or in Pulaski County. By selling sewer service to this area, just southwest of
the City /County limits would encourage urban sprawl into Alexander and into the Bryant
School District. Substantial housing developments in nearby Saline County will
contribute further to the blight of Southwest Little Rock making it a drive through area
instead of a destination. She again urged the board not to grant the sewer extensions, as
they would have a profound and negative impact throughout Southwest Little Rock. Ms.
Ruth Bell, League of Women Voters, stated the League has concerns about the two
proposals. She said Little Rock has a long standing policy of extending services to areas
that agree to be annexed to our city, and it doesn't seem these entities have given any
compelling reason for that policy to be changed, and they request the applications be
turned down. Director Stewart asked Mr. Corbit about the issue of unserved areas around
Little Rock, and asked if he happened to know the numbers, but explained that it would
be around eight to ten million dollars to serve what is left. Mr. Corbit stated the
difference is that Woodland Hills and Crooked Creek would have to fund the fall lines,
and it would not be a cost to the utility, the difference being the revenue would have to be
taken from the utility to do the unsewered area in Little Rock. Mr. Bob McKeown,
Manager of the Saline County Waterworks and Sanitary Public Facility Board, said they
have already been working with their financing of the addition joining the sewer
improvement district so there would be no cost to the City of Little Rock, they would pay
their share per lot with the existing lots in their territory and then they would put the line
in, they have been working with the Crooked Creek Land Company which is close, to
join in to their twelve inch line that would join in to the existing Little Rock twelve inch
line, and asked for the Boards approval to do this mainly because their plant has been
there thirty years, they have been in violation quite a bit, and it would be a public health
addition if they could wholesale their sewer to the City of Little Rock for disposal. Mr.
Lichty asked if they had the authority to raise the money to connect to the City of Little
Rock, why could they not use the same authority to upgrade the existing plant? Mr.
McKeown answered it was because they were looking at a long -term effect. He said they
have some funds set aside already from monies they had secured over the years, and the
board he represents feels it would be erased to improve and upgrade it, and it would be a
lot more expensive than to join in with the City of Little Rock. Director Lichty asked
what was the possibility or feasibility of connecting into the City of Bryant's Sewer
System. Mr. McKeown said they have not discussed it with them. Director Lichty asked
if they were not an adjoining city both in Saline County. Mr. McKeown answered that
they were. The resolutions were read, and each item was considered for vote separately.
A roll call vote was taken on Item 23 and recorded as follows: Directors: Pugh, no,
Hinton, no, Lichty, no, Cazort, no, Keck no, Stewart, no, Wyrick, no, Kumpuris, no,
Graves, no, Wyrick no, Adcock no, Mayor Dailey no. A roll call vote was taken on Item
24 and recorded as follows: Directors: Pugh, no, Hinton, no, Lichty, no, Cazort, no,
Keck no, Stewart, no, Wyrick, no, Kumpuris, no, Graves, no, Wyrick no, Adcock no,
Mayor Dailey, yes. Both resolutions (Items 23 and 24) failed.
25. ORDINANCE - Residential Landowner Registration. (Deferred for two weeks.)
26. DISCUSSION - The Utilities Relocation Process. Mr. Carney stated that the Board
had been sent materials from his office developed by the Central Arkansas Waterworks in
the form of an ordinance and guidelines related to this issue of public purpose, and asked
9
k?
the Board for any comments on this. Director Lichty said he supported staff's
recommendation but maybe not Mr. Carpenters that the Board approves whatever
ordinance is suggestive to get this thing off dead center and follow the guidelines that he
thought, were negotiated between water and city. Mr. Carpenter said that wasn't
negotiated, that was uniformly and unilaterally from water and the question he needed to
ask the Board is if you want to do that ,then you need to put that into all the other
franchises that we have, and that is where we've got the situation now with Bell out at
Walton Heights who is refusing to move the utilities in that location despite the cities
comments that that was a requirement under our Master Street Plan. Bell has sent the
City a letter saying, we don't consider that this, we don't consider these to be involved
with anything to do with the city, so if we want to go that additional step then all of those
—' need to be amended. The recommendation is to maintain the status quo for Central
Arkansas Water, the same as for the other utilities, including the seven or eight different
telecommunications companies we have and to begin the process, to have a discussion,
not unlike the lines that have been recommended by Central Arkansas Water with these
utilities. Mayor Dailey interrupted to ask if Director Wyrick should recuse from this
discussion since she is an employee of Southwestern Bell. Mr. Carpenter stated that he
didn't think they had reached in action points at this point. Director Lichty said the only
thing he would say to that is, the one distinct difference is that this is one government
entity dealing with another government entity. Mr. Carpenter answered that was not a
difference. That is one of the things that the Telecommunications Act made quite clear.
Anything that can be deemed by anybody to be a barrier to competition is going to impact
this, and what is happening with cities throughout the country, and has tried to point this
out, is they don't treat them consistently and they are being uniformly sued;
unsuccessfully for the most part, because the cities are holding firm, by particularly the
telecommunications companies. It's not different. What Central Arkansas Water is
asking for right now, the document you have, is completely different from the way they
were dealt with as the Little Rock Water Commission, the way that the Little Rock
Sanitary Sewer Committee has been dealt with or any other utility that we have dealt with
that the city has owned. He said that is the point he was trying to make, if the City
wishes to take that step that's fine, but the Board needs to make that for all the utilities
out there including Entergy and the others, instead of just one. He stated that was why he
was suggesting before, that the City maintain the status quo, we've already taken an
unusual step by saying we would pass an ordinance anytime we want to say that
something is for the public good, so the ordinance recommended that has been on the
agenda, stated that. That our Master Street Plan, The Boundary Street Improvement
Ordinances, that in individual cases where it is appropriate and it comes to the Board and
they advance in terms of zoning ordinances we will say that, and have said that but we
don't have a situation where utility relocations for the public good always involve an
ordinance, many times they are triggered strictly by the request for a building permit, or
application to dig into the road. What Central Arkansas Water has in its language and its
franchise is something that is contrary to everything else, but what they said was that they
wanted to be treated like everyone else, the comment we got repeatedly was, we just want
to be treated the same, and what we suggested was fine. Mr. Carpenter stated that what
he suggested be passed before was an ordinance that said "these things by ordnance are
for the public good ", and suggested hearing comments from the utilities and hear the
wisdom from someone like Mr. Turner who can determine yes we can live with this, or
no we can't. He stated there are things right now where utilities are putting themselves a
relatively shallow distance underneath the street, a relocation required because the city
does something on a commercial development which requires a street widening because
they are only thirty inches underneath the pavement and now they have to relocate at a
substantial cost. Mr. Carpenter suggested that maybe a part of the discussion should be a
better discussion as to what is or is not the public purpose, but by the way, Public Works
won't sign off on it until we are four or five feet down below the ground, so you don't
�.= have to relocate simply because we need to extend a turn lane consistent with the Master
Street Plan. Mr. Carpenter said that is not what the Board is being asked to do. He told
the board they were being asked to do for Central Arkansas Water, something you have
done for nobody else, not even for your Little Rock Water Commission. Do it now, and
that's great, but you are going to impact these others and we might as well just go ahead
and just uniformly change all of the other franchises, and his suggestion to the board was
that instead of unilaterally doing that, we begin these discussions, we come back for all of
our franchise renewals in December anyway, and we get the input of people like Mr.
10
Turner and Mr. Lowes in the Public Works Department and Mr. Lawson in the Planning
Department and then come forth with a uniform ordinance. Mr. Carney announced to the
Board that he felt there was some more staff homework to do on this topic and with
Central Arkansas Water and possibly with others. He was hopeful something could be
out together to work on this..
Director Wyrick stated she had a memo dated August 17th from Assistant City Manager
Bruce Moore, and needed clarification, as it talks about an ordinance and a memorandum
of understanding for Central Arkansas Water, it's been referred to the City Attorney for
his comments. Director Wyrick asked Mr. Carpenter if he agreed with this, or if he was
in opposition to the document before the Board. Mr. Carpenter stated he didn't see any
document until Sunday afternoon, and had not had a chance to discuss it with Mr. Turner,
or anyone else on the staff. Mr. Carney stated he thought those two documents are the
ones Waterworks delivered to staff last week, and that is the topic of discussion. Director
Wyrick stated then, the City Attorney has not really looked at them, or given the Board
an opinion on these. Mr. Carpenter noted that it was sent to his office but that he was not
in his office last Thursday and Friday. Mayor Dailey stated dialog would continue on
this, and staff will do some additional work.
27. REPORT - City Manager's Activity Report: Mr. Carney said he had three items.
The first hand out is an online website printout from an article that appeared yesterday in
USA Today Newspaper. He stated it was an interesting survey an organization has done
to rank cities related to their "kid friendly" nature. It looks at all cities in the country and
the City of Little Rock is ranked in there as an independent city as opposed to a suburb or
other classification of a city, there are one hundred and forty cities in this classification
and was pleased to report that Little Rock was ranked number seventy five, which is
actually mid - point. He stated as indicated in the handout, there is category grades by
topic, and at the very top left, the extra credit category, what really put Little Rock up in
the rankings is the cities summer programs which are operated at school sites as well as at
sites that are playground locations. He said our city actually got extra credit for that
terrific program operated by the Parks and Recreation Department. As you look at the
letter grades in the various categories, very impressively in the education category, the
City received high grades with those numbers, and on the second page there is a category
called Community Life, and the City got a B plus grade in that category, related to the
number of children participating in youth programs, library circulation, and thought that
was pretty positive for the City of Little Rock. The second item distributed was related to
the Pulaski County Regional Jail Facility for accepting prisoners. It activated for the first
time this summer, the arrangement that was developed between the City of North Little
Rock, and Pulaski County, so that in an event where there were major problems in terms
of jail capacity, the Old North Little Rock jail was activated to hold prisoners temporarily
for a period of hours while the major jail facility could make space. He said the City has
had this arrangement, this is the first time it has been used, but in the case of major
capacity problems, the idea is each of our City of Little Rock police officers is in effect
tied up with these prisoners, in a holding pattern until the jail opened. This frees up
officers to do other police work. The final item distributed to the board was notice of a
field trip, Wednesday, August 29th sponsored by the Downtown Partnership. They have
arranged for a brief one day tour at two baseball facilities, one in Memphis and one in
Jackson, Tennessee, to see these two stadiums which are linked to those two
municipalities, and have professional double A and triple A baseball. The Partnership
believes, as did he and others, that those stadiums have some application for what might
be developed in downtown Little Rock. All board members are invited, if you are able to
devote a day to this, it would be chartered bus and no cost to the City, the trip would be
an over and back in one day, and encouraged everyone that could to attend.
Mr. Carney stated that the City is continuing dialog with the Waste Management
Corporation, related to the recycling issue. He stated this was a little premature but
shared that the City is getting very close to a favorable decision by that company in terms
of expanding the types of plastic and other materials that could be collected for recycling,
hopefully in a short time, he could come back to the board with this. Mr. Carney stated
he had met with the County Judge this date, and the Judge is very receptive to the traffic
signal request at Pinnacle Valley and Cantrell and the need to both add the traffic signal
and realign some of the roadwa. There is a critical need there, and stated he had talked to
11
the Judge about County participation ( financially) in this. He said athe Judge is
studying this and hopefully there would be some news of County participation in this city
project. Mr. Carney stated this would be greatly appreciated.
There were no participants in Citizen Communications.
Vice Mayor Cazort made a motion to recess the meeting; to discuss issues dealing with
taxicabs. Director Keck seconded the motion, and by unanimous vice vote of board
members present, the meeting recessed at 7:55 P.M.
ATTEST:
Na y Woo
City Clerk
APPROVE:
i
#i4 Dailey
Mfiyor
12
i
i.'2l
MINUTES
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
August 28, 2001
4:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas met in a reconvened
session with Mayor Jim Dailey presiding. The roll was called by City Clerk Nancy
Wood, with the following Directors present: Directors Hinton, Pugh, Stewart, Graves,
Lichty, Kumpuris, Adcock, Keck, Vice Mayor Cazort, and Wyrick. Three absent at roll
call: Directors Keck, Wyrick and Adcock.
With a quorum present, Mayor Dailey declared the Reconvened Board of Directors
Meeting in session and the proceedings of the meeting are recorded as follows.
Vice Mayor Cazort made a motion to add two items to the reconvened meeting agenda;
Director Pugh seconded the motion, and by unanimous voice vote of board members
present, the modifications were added to the agenda.
M -1. RESOLUTION NO. 11,115 — Declaring the intent of the City of Little Rock,
Arkansas to make certain expenditures toward Capital Improvements for the City and to
reimburse itself for such expenditures from the proceeds of Bonds of the City; and
prescribing other matters relating thereto. Mr. Carney stated this type of resolution, the
action taken tonight simply allows the city in the future if needed, to use Bond proceeds.
Proceeds that are not issued bonds, but if it is necessary or desirable the city could
reimburse these costs by those future proceeds, but up front, an action such as this is
needed to allow that. The equipment has been bid and purchased and ready to proceed
with the final action to do that, and recommended this action to the board. There was no
discussion. The resolution was read. Vice Mayor Cazort made a motion to adopt the
resolution; Director Lichty seconded the motion; by unanimous voice vote of the board
members present the resolution was adopted.
M -2. ORDINANCE NO. 18,548 — Dispensing with the requirement of competitive
bidding and authorizing the City Manager to enter into a contract extension with Pulaski
County, Arkansas for Alternative School Services. Mr. Carney stated this was the city's
arrangement to assist with the funding for a unique opportunity, it is one of a kind and "
therefore no competitive bidding process, but action is needed by the board in the form of
an ordinance to approve that financial arrangement. The ordinance was read the first
time. The rules were suspended to provide for the second and third readings of the
ordinance by unanimous voice vote of the board members present. By unanimous voice
vote of the board members present. The ordinance was adopted.
1. RESOLUTION NO. 11,114 — To transfer 100 Taxi Cab Operators Permits from
Capitol Cab Company to Pulaski County Transportation, LLC; to repeal Little Rock,
Arkansas Resolution No. 10,964 (December 19, 2000); and for other purposes. The
resolution was read. Mr. Carney gave a brief overview saying this action results from
this action proposed, and recommend to the board. This comes to the board because a
cab operator has acquired the other operator in the community the result of this and
believed this a higher level of service for citizens of Little Rock and this is the important
action the board must take to transfer the licenses. The new operator has already moved
to increase and improve the fleet and the service level, and staff is enthused about this
and recommends it to the board. There were no questions. Director Keck motioned for
the adoption; Director Adcock seconded the motion and by unanimous voice vote of the
board members present, the resolution was adopted.
This concluded the business of the reconvened meeting. Vice Mayor Cazort made a
motion to adjourn; Director Lichty seconded the motion, and by unanimous voice vote of
the board members present. The meeting was adjourned at 4:20 P.M.
ATTEST:
r �
v cy W d
City Clerk
APPROVED:
Ji ailey
Mayor
/Z -,P