09-07-99527
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
September 7, 1999 - 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 Pugh, Hinton, Lichty, Cazort, Keck,
Stewart, Wyrick, Kelly, and Adcock - total 9; Absent - Director Kumpuris - 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 Mayor Dailey, followed by the Pledge of
Allegiance.
(Director Kumpuris enrolled 6:03 o'clock P.M.)
Mr. Van Tilberry, Executive Director of Riverfest, made a brief presentation
regarding Riverfest and plans for Riverfest 2000. In 1999 Riverfest, sponsored by
Southwestern Bell, increased its sponsorship by 25 %, increased revenue by 35 %, and
increased attendance by 25 %. The slogan or motto for Riverfest 2000 is "200, 000 People
in 2000. "
Mr. Frank Riggins, Chairman of the City Beautiful Commission, and City
Director Joan Adcock presented the "Polish the Rock Award" to Mr. Jerry Hulsey,
who has been instrumental in improving the quality of housing in the City of Little
Rock.
There was a motion by Director Adcock to add to the Agenda the four items listed
on the Agenda Modifications and to delete Items 8 and 14 as listed on the Agenda
Modifications. The motion was seconded by Director Hinton and unanimously adopted.
(See the approval of the Minutes and Resolutions No. 10,644, 10,645 and 10,638 below.)
The following items were deleted:
(7) A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT FOR SERVICES WITH TUF -NUT
LOFTS, LLC. FOR THE RENOVATION OF THE TUF -NUT
LOFTS, LOCATED AT 423 EAST THIRD STREET, IN THE
APPROVED DOWNTOWN TNEP AREA. (Withdrawn as requested
by applicant)
(14) AN ORDINANCE TO MANDATE THAT PERSONS WHO RENT
PROPERTIES FOR RESIDENTIAL USE SHALL HAVE A
PERSON WITHIN THE JURISDICTION OF THE CITY OF
LITTLE ROCK RESPONSIBLE FOR THE MAINTENANCE OF
SUCH UNITS; TO PROHIBIT THE RENTAL OF PROPERTIES
FOR RESIDENTIAL USE BY ANY PERSON, CORPORATION, OR
ENTITY THAT DOES NOT COMPLY WITH THE PROVISION
OF THIS ORDINANCE; TO DECLARE AN EMERGENCY; AND
FOR OTHER PURPOSES. (Sometimes referred to as the long -arm
statute.) (Deferred.)
At the time allotted for Citizen Communications, the first speaker was Lt. Col.
B. L. Magness (USMC Retired), 6 Sunset Circle. Col. Magness objected to the
allocation of $170,000 for the Loft Apartments, stating the project does not meet under-
privileged needs. Regarding the Clinton Presidential Library, he said the Board lied to
the citizens of Little Rock regarding funds for the Library.
The next speaker under Citizen Communications was Ms. Marilyn Brown, who
distributed pictures of various locations in the East Side Neighborhood showing
overgrown weed lots, abandoned housed, rodents, etc. She said we really need to
implement the long -arm statute in order to get the out -of -town owners to do something
about these lots. There are 86 weed lots between 11th Street and 2nd Street from Bond
Street to Rogers Street.
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September 7, 1999
Mr. Charles Nickerson (former City Manager) was the next speaker during
Citizen Communications. He spoke on behalf of Johnny Mitchum and Bill Lawson, his
partners in Quapaw Restoration. He addressed the issue of the bus transfer location at
6`h and Center Streets. They have lost two or three restaurant businesses on the bottom
floor of the old Draughon Building at 6' and Center Streets because of the bus fumes.
The bank holding the notes on their property considers the Draughon Building a non-
performing asset and has threatened to pull the notes on that property. In looking at the
pictures of the sidewalks at that location, there appears to be some serious ADA
violations and problems that could be potential lawsuits. Mr. Nickerson said they need
some help and relief. Mayor Dailey asked City Manager Cy Carney to provide the
Board of Directors with a report.
Mr. Don Darnell, 7007 E. Wakefield Drive, addressed the Board of Directors
during Citizen Communications regarding a Board Meeting just before the tax election
when Mayor Dailey promised to try to find funding for the Pulaski County jail. He
asked Mayor Dailey if he had found that funding. Mayor Dailey said he had not found
the funding and did not know when that could be expected.
Mrs. Wanda Chism, 8615 Mabelvale Pike, was the next speaker during Citizen
Communications. She asked the Board of Directors to put on the agenda the issue of
allowing non -human primates (monkeys) in the City of Little Rock. On July 20,
1999, while her husband was a work, six employees of the City came into her home,
entered without permission, and took her primate. The animal has been tested for all
types of diseases, and has been hand raised. There was no reason for breaking and
entering, and taking her pet that was hand raised. Other communities surrounding the
City of Little Rock do exempt primates under 25 pounds. Mayor Dailey asked City
Manager Cy Carney to provide the Board with a report.
Ms. Norma Walker, 4201 Holt Street, was the last speaker during Citizen
Communications. She discussed the need for a community center in the John Barrow
neighborhood.
Consideration was then given to Director Kelly's proposed Ordinance, entitled:
AN ORDINANCE TO REQUIRE AN ANALYSES OF PROPOSED
ANNEXATIONS; TO COMMISSION A FISCAL IMPACT STUDY OF
DEVELOPMENT IN LITTLE ROCK OUTSIDE THE BOUNDARIES OF THE
LITTLE ROCK SCHOOL DISTRICT ON THE DISTRICT TAX BASE; TO
COMMISSION A DEVELOPMENT STUDY FOR THE LITTLE MAUMELLE
DRAINAGE BASIN; TO ESTABLISH A TEMPORARY MORATORIUM ON
SOME SANITARY SEWER CONNECTIONS IN THE LITTLE MAUMELLE
BASIN; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES;
and the Ordinance was read the third time, having been read the first and second times on
August 3, 1999, and August 17, 1999, respectively. There was a lengthy discussion from
6:35 o'clock P.M. to 10:20 o'clock P.M. At the request of City Manager Cy Carney,
representatives of Little Rock Municipal Water Works and Little Rock Wastewater
Utility were present to make presentations and to answer questions. Mr. Jim Harvey,
Executive Director of the Little Rock Municipal Water Works, explained that for many
years the Water Works has followed what it thought was the direction of the City Board,
that is, growth and to be prepared for growth. We want to have our system out there
ready to meet the City's standards and to maintain our Class II fire rating. When an area
is developed, the developer pays for all of those facilities and that becomes the property
of the City of Little Rock. Responding to a question by Director Lichty, Mr. Harvey
stated that for many years the Water Works has had an ongoing two inch replacement
policy to replace older mains, which, of course, are in the older parts of the city. New
developments are virtually maintenance free for many, many years. Responding to a
question by Director Adcock, Mr. Harvey said there is a policy to help developers recoup
some of their expenses for installation of water lines out west. Responding to Director
Wyrick's question about a proposed rate adjustment, Mr. Harvey said there has not been a
rate adjustment since February 1, 1985, and everything we do costs more money except
the selling of water. Mayor Dailey asked Mr. Harvey if water fees could be utilized to be
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September 7, 1999
529
part of the manner in which the City acquires properties to preserve the Maumelle Basin
as a water source. Mr. Harvey responded that fees could be added to the water bill to
finance those acquisitions, and his staff is looking into that. Mr. Reggie Corbitt,
Manager of Little Rock Wastewater Utility, said that historically those sewer mains
above 36 inches in diameter and the treatment plants have been paid for by all the
customers. We have been fortunate in the past that considerable portions of those
expenses have been covered by US EPA grants, in some cases as much as 75 %.
Unfortunately those grants are not available. Mr. Corbitt had exhibits to explain where
Wastewater Utility rehabilitation and collection system monies are spent. Developers are
required to pay for mains run to their subdivisions and the off site mains to connect to
wherever the system exists. If a basin requires a main that is larger than what is required
to serve a particular service area, the developer is required to put in the larger size at his
expense. Then he is given an agreement that says when additional customers tie on to
that main, Wastewater Utility will collect the funds and refund the pro -rata share to the
developer. In discussing the possible need for a new treatment plant, Director Kumpuris
asked how it would be financed. Mr. Corbitt said assuming the Revolving Loan fund is in
existence, the Wastewater Utility would apply for a loan, a determination would be made
of what rates would be necessary to repay the loan, and the rate adjustment would have to
be there to support the loan. In other words, a rate adjustment (rate increase) would be
necessary. A rate increase to fund a $15 million loan would be approximately $1.25 per
month on the average residential customer. Responding to a question by Director Hinton,
Mr. Corbitt stated that if development continues in the Little Maumelle Basin at the rate it
has since 1985 the best projection we have now is that between 2005 and 2010, we
would have to have some facilities in place. Director Kelly asked Mr. Corbitt what the
life span is on the infrastructure sewer systems that are provide by the developer. Mr.
Corbitt responded that the accounting life is a fifty year straight line depreciation, but
there are those in place that are 100 years old. (There was a brief recess from 7:45
P.M. until 8:05 P.M.). Director Keck made a 20 minute slide presentation, stating
although he agreed with Director Kelly and the end result, he thought there is some
disagreement on how we get there from where we currently stand. (Copies of his
presentation were distributed to Board Members.) He felt the proposed Ordinance is
based on three misconceptions: (1) Little Rock has not performed a comprehensive study
of annexation. (2) West Little Rock has become a drain on city resources. (3) Due to
growth in West Little Rock, other areas of the city have not received the city
government's attention and resources. He then proceeded to display 19 studies that have
been done by the City since 1977. He presented facts and figures regarding the three
issues. In conclusion, he said the Board should establish key indicators that will allow
all citizens to gauge the success of our city over time based on what our citizens have told
us is a priority; establish a steering committee of citizens to work with the Board to
establish a long term vision of our city; define leadership and committee responsibilities,
and go to work. Mr. Jim Porter was present to clarify the position of the Pulaski
County Quorum Court. He said he presented a Resolution to the Quorum Court that
expressed the Quorum Court's support for the proposed Ordinance. The Quorum Court's
concern dealt with the comprehensive analysis of cost and benefits of the proposed
annexations. The Quorum Court did not address the moratorium issue. It is important
than an impact study be done. Mr. Bill Putnam said that almost ten years ago the City
said yes to the Master Street Plan presented on this annexation and to Phases I, II, and III.
Now they are down to the final phase (referring to the Chenal Yalley - Wildwood
Annexation). They have not created any problems. Let them finish the project.
Speaking in support of the Ordinance were Ms. Tiffany Tackett (127 Vernon Ave, a
member of the Steering Committee of the Little Rock New Party); Mrs. Ethel Ambrose
(Coalition of Little Rock Neighborhoods); Mr. Bill Asti (President of Coalition of Little
Rock Neighborhoods); Ms. Dee White; Mr. Shawn Porter; Ms. Hattie M. Taylor
(3820 Ludwig, a member of the New Party); Mrs. Ruth Bell (League of Women Voters
of Pulaski County); Mr. Ralph Demaris (4821 Darrragh Dr.); Ms. Vivian Davis (14521
Woodcreek Dr. speaking on behalf of the Sierra Club); Ms. Nell O'Neal (6513 Cantrell
Road); Mr. Walter B. Clancy (2510 Hidden Valley); Mr. Jim Lynch (Co -Chair of the
Little Rock New Party); Mr. Darryl Lee (9407 Comstock Road); and Ms. Peggy
Wilhelm (26 Montvale Dr. speaking for the Sierra Club of Central Arkansas). Speaking
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September 7, 1999
in opposition to the Ordinance were Mr. Stuart Mackey (2925 N. Taylor St.); Mr.
Jesse Mason (former City Director); Mr. Shelby Woods (Chairman of the Board of the
Greater Little Rock Chamber of Commerce); Mr. Bob Shell (President -elect of Fifty For
The Future); Mr. Ken Gill (President of Little Rock Realtors Association); Mr. Robert
Shultz (5108 Edgewood); Mr. Fred Stancil (President of Greater Little Rock Home
Builders Association); Mr. J. Turner Lloyd III (11 Wingate Dr,); and Mr. Haskell
Dickinson (6 West Palisades). At 9:37 P.M. Director Cazort made comments, stating
there is no reason for a moratorium on annexations to study costs benefits associated with
proposed annexations; that can be done on a case by case basis. There are costs involved
with fire service. As we bring in new areas we need to put money aside for new fire
stations. This Ordinance does not do what I think Paul seeks to do and that is to put a halt
to the possibility of a new sewage treatment plant in west Little Rock. Director Cazort
said he was willing to discuss the costs and benefits of any future annexation that comes
before the Board and to look at it in detail, but he was not willing to put up any artificial
barriers to growth that he felt a moratorium places, and he would not support the
Ordinance. Director Kumpuris said that FUTURE- Little Rock started with concerns
about growth and crime, and Paul Tischler was a part of the FUTURE- Little Rock
process. He referred to Mr. Tischler's report and suggested that the City recontract with
Mr. Tischler to look at the questions asked by Jim Lynch, Ethel Ambrose, and others. He
concluded by stating he would vote against the Ordinance. Mayor Dailey said he had a
substitute ordinance if Director Kelly's Ordinance fails, but he would not support this
ordinance as it is before us. Director Kelly made his closing comments, stating that if
something good is going to come out of this, it already has by the fact that we have spent
almost four hours talking about this subject. He said what he proposed was something
that seemed so simple. The fact is that our population has remained stagnant and has not
grown. Following the lengthy discussion, a roll call vote was taken on passage of the
Ordinance as follows: Ayes — Directors Pugh, Stewart, Wyrick, and Kelly — total 4; Noes
— Directors Hinton, Lichty, Cazort, Keck, Kumpuris, Adcock, and Mayor Dailey — total 7.
Mayor Dailey announced that the Ordinance had FAILED.
Director Adcock moved to reconvene the FUTURE- Little Rock Task Force
and ask it to give an update on all the recommendations made in 1993. The motion
was seconded by Director Kumpuris. Director Lichty spoke in opposition, stating that we
are on the brink of getting some kind of recommendation from the Planning Commission
on Smart Growth. Mayor Dailey said the Planning Commission would present the Smart
Growth Initiative to the Board of Directors next Tuesday. Therefore, Directors Adcock
and Kumpuris withdrew the motion and second. (Director Kumpuris said he would try
to get more information from Mr. Tischler on what he can do and what the cost would
be.)
Mayor Dailey distributed his proposed ordinance just for the Board Members to
be aware of it, but not for any action at this time. The title of his proposed ordinance
was: "An Ordinance to establish a method of analysis for any proposed annexation; to
commission a development study for the Little Maumelle drainage basin; to declare an
emergency, and for otherpurposes."
At 10:22 o'clock P.M. the Board of Directors recessed to executive session to
consider appointments to various Boards and Commissions. The Board reconvened at
10:38 o'clock P.M. with Mayor Dailey presiding and all Directors present. Mayor Dailey
announced that no action was taken and the appointments were deferred to
September 21, 1999.
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September 7, 1999
531
Introduced next was Item 2 on the Agenda, being Ordinance No. 18,095, entitled:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED MCSHANE -
LONG -FORM POD (Z- 4663 -B) LOCATED ON THE NORTH SIDE OF KANIS
ROAD, APPROXIMATELY 1,000 FEET WEST OF BOWMAN ROAD IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR
OTHER PURPOSES;
and the Ordinance was read the first time. The rules were suspended to provide for the
second and third readings of the Ordinance by unanimous vote of the Board Members
present, being 11 in number and two- thirds or more of the members of the Board of
Directors. At the request of Director Keck, the applicant explained that this is a planned
development on seven acres on Kanis Road. It is a 126 unit independent living facility
with an adjoining medical office building for support services. The independent living
facility will be three stories and the medical facility will be two stories. There will be a
40 ft. buffered and landscaped area between the POD and the adjacent subdivision. A roll
call vote was then taken on passage of the Ordinance as follows: Ayes - Directors Pugh,
Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, and Adcock - total 11;
Absent - None. Whereupon, the Ordinance was declared PASSED.
At 10:45 o'clock P.M. Director Adcock moved to waive the rules and extend
the meeting past 11:00 o'clock P.M. The motion was seconded by Director Hinton and
unanimously adopted.
There was a lengthy discussion from 10:45 o'clock P.M. to 12:30 o'clock A.M.
on the Targeted Neighborhood Enhancement Plan (TNEP) and related Items 3, 4, 5, 6
and M -4. (See Resolutions No. 10, 634, 10,635, 10,636, 10,63 7, and 10, 638 below.) City
Manager Cy Carney briefly explained the five related Resolutions. City Attorney Tom
Carpenter said the State Statute speaks on the terms of the contract being with the
owner /occupant. Some of these are owned by entities, and we understand there will be an
individual who owns a part of the entity who will actually be the owner /occupant. The
final contract will be between the City and that individual, who will fulfill the terms of
living at that location for five years. Speaking in support was Kathy Wells, 2121 Gaines,
a tornado victim, and president of the Downtown Neighborhood Association. Other
speakers were Nellie Leonard (2307 Cumberland); Howard Hanson (2622 W. 12"' St.);
Jerry Hulsey (1200 John Barrow Rd.); Alice Charles (507 East 20" St.); Fred Gray;
Sandy Magness (4111 S. Shackleford Rd.); Bob East (President of Downtown
Partnership); Christie Godwin (Executive Director of Downtown Partnership); and
Senator Bill Walker. Most were opposed to dividing the money, stating the money was
designed for three TNEP areas and now it is being drained off to other areas. Also, the
money was designed for single - family, not multi - family. Director Adcock said the City
has a Community Housing Advisory Board that was created out of FUTURE- Little Rock
to serve as an advisory board on housing issues to this Board, yet it never hears about
these issues until a decision has been made. Mr. Fred Gray, applicant for funds for
renovation of the Park Place Apartments at 916 -924 Commerce Street, said his plans are
to rehab the building which was burned more than a year ago and to put those units on the
market as rental units. (See Resolution No. 10, 638) Mr. East said the Downtown
Partnership wants to see all of these projects funded and would be glad to help. Ms.
Godwin said the Downtown Partnership is supportive of these programs and would like
to have downtown considered as a neighborhood. Director Adcock asked Senator Walker
what did the Legislature mean by a targeted neighborhood. Senator Walker said he
thought it was to help blighted neighborhoods and to rehab vacant and abandoned
structures. He said his impression was that the 20% money was really available for
builders or developers as an incentive to go into a blighted neighborhood, invest in the
property, and commit someone to live there for five years. Following the lengthy
discussion the five Resolutions were introduced.
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September 7, 1999
Consideration was then given to Item 3 being Resolution No. 10,634, entitled:
A RESOLUTION DESIGNATING THE JANUARY 21, 1999, TORNADO
AREA AS A DISASTER REBUILD TARGETED NEIGHBORHOOD
ENHANCEMENT PLAN (TNEP) AREA.
Following the reading of the Resolution, Director Keck moved for its adoption. (See
discussion above.) The motion was seconded by Director Cazort and the Resolution was
adopted by a voice vote of 10 ayes and 1 no (Director Adcock).
Introduced next was Resolution No. 10,635, described as:
A RESOLUTION ALLOCATING AVAILABLE TARGETED
NEIGHBORHOOD ENHANCEMENT PLAN (TNEP) FUNDS TO SPECIFIED
CATEGORIES.
Following the reading of the Resolution, Director Keck moved for its adoption. (See
discussion preceding Resolution No. 10,634 above.) The motion was seconded by
Director Kumpuris, and the Resolution was adopted by the following roll call vote:
Ayes — Directors Hinton, Lichty, Cazort, Keck, Wyrick, Kumpuris, Kelly, and Mayor
Dailey — total 8; Noes — Directors Pugh, Stewart, and Adcock — total 3.
The next presentation was Resolution No. 10,636, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT FOR SERVICES WITH PHILANDER SMITH COMMUNITY
DEVELOPMENT CORPORATION, TO SUPPORT THE CONSTRUCTION OF
THREE (3) SINGLE - FAMILY RESIDENCES TO BE LOCATED AT 1200
RINGO, 13TH AND RINGO, AND 1008 WEST 11TH STREET, IN THE
PHILANDER SMITH TNEP AREA.
Following the reading of the Resolution, Director Adcock moved for its adoption. (See
discussion preceding Resolution No. 10,634 above.) The motion was seconded by
Director Cazort, and the Resolution was unanimously adopted.
Consideration was then given to Item 6, being Resolution No. 10,637, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT FOR SERVICES WITH THE BLOCK 2 LIMITED
PARTNERSHIP FOR THE RENOVATION OF BLOCK 2 LOFTS, LOCATED AT
107 EAST MARKHAM,114 EAST SECOND STREET, AND 101 MAIN STREET,
IN THE APPROVED DOWNTOWN TNEP AREA.
Mr. Todd Rice, one of the Vanadis Group developers, said that downtown Little Rock
has blighted areas. This is about much needed quality affordable units available to
everyone. He noted that 86 of the 145 units will be set aside as affordable housing and
will stay that way for at least 15 years. He and his partner are not allowed to change the
ownership for at least 15 years. Director Adcock was opposed to the use of TNEP funds
for this multifamily project. (See discussion preceding Resolution No. 10,634 above)
Mr. Rice said due to the shortfall in tax exempt bond financing, the TNEP funding in the
present allocation is essential to this development. Senator Walker said this legislation
was never intended to deal with multifamily. What we wanted to do was to build home
ownership. This is the wrong vehicle. Director Keck asked City Attorney Tom
Carpenter about the legality of what is proposed. Mr. Carpenter said the Statute has two
provisions. One provision deals strictly with the person who is trying to purchase and
rehabilitate what will be a single family residence. The second subdivision that is
relevant to this discussion deals with a multifamily residential dwelling in which the
owner is one of the residents. What the Board is really voting on is not a grant to a
development, but a contract with an individual to live in an area for a period of time to try
to make that area come to life; someone who owns an equity stake in that complex and is
going to live there and make it work. Director Adcock suggested directing the City
Manager to find $350,000 somewhere for the Loft Apartments instead of using TNEP
funds. Director Hinton said we have led these guys astray and somehow we have to
make it up. City Manager Cy Carney said staff had acted in good faith and recommended
moving forward. Director Lichty asked Mr. Rice if the $288,000 is critical and essential
to this project and if it is not received, the project will not go forward. Mr. Rice said that
is correct. Following the reading of the Resolution, Director Keck moved for its
adoption. The motion was seconded by Director Kelly, and the Resolution was adopted
by the following roll call vote: Ayes — Directors Hinton, Lichty, Cazort, Keck, Stewart,
Wyrick, Kumpuris, Kelly, and Mayor Dailey — total 9; Noes — Directors Pugh and
Adcock — total 2.
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September 7, 1999
M -1 on the Agenda Modifications was then introduced, being Resolution No.
10,638, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT FOR SERVICES WITH ARTIST PLACE, LLC., FOR THE
RENOVATION OF THE PARK PLACE APARTMENTS, LOCATED AT 916 -924
COMMERCE STREET, IN THE APPROVED DOWNTOWN TNEP AREA.
Following the reading of the Resolution, Director Cazort moved for its adoption. (See
discussion preceding Resolution No. 10,634 above) The motion was seconded by
Director Keck, and the Resolution was adopted by the following roll call vote: Ayes —
Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, and
Mayor Dailey — total 10; Noes — Director Adcock — total 1.
Item 15 on the Agenda was a discussion of the BFI Landfill (Browning -Ferris
Industries located on the old Worth James Airport property on Mabelvale Pike). There
was a lengthy discussion from 12:34 o'clock A.M. to 1:15 o'clock A.M. In response to
Director Adcock's question regarding a statement made in his recent memo to the Board
that the City Staff has been "developing" with BFI, City Attorney Tom Carpenter stated
that when the City undertook the Fourche Creek Project, it agreed that it would undertake
certain responsibilities with the Corps of Engineers for flood plain management. When
this project came up, the Corps of Engineers was involved with a particular type of
federal permit, and the City had involvement with what would be the mitigation measures
dealing with this. The Corps asked for comments and from 1993 the City Staff was
involved in those comments to try to assure that there would be reasonable mitigation
efforts for the areas in the flood plain. There were several meetings and finally a plan
was developed that the City found acceptable. Mr. Chuck Nestrud, attorney for BFI,
stated that two years ago he addressed the Board when it was considering whether to
appeal a decision by the Department of Environmental Quality to issue a solid waste
permit to BFI for its expansion. The Board of Directors voted 9 -3 against the appeal of
that permit. (See Minutes of July 1, 1997.) He gave a history of why that vote was made
that night. The Public Works staff told the Board that the City had a liability associated
with inadequate flood storage capacity in southwest Little Rock. The Public Works
Department estimated that liability at up to $144 million. BFI proposed, as part of its
expansion back in the permitting process, that it would eliminate that problem. Plans
were drawn up; they were reviewed and approved by the City and the Corps of Engineers.
The approved plans were incorporated in the permit that was ultimately issued by the
State of Arkansas. This Board recognized that the expansion permit offered significant
benefits to the City of Little Rock and the residents of southwest Little Rock. The Board
also recognized that it would not receive those benefits if the expansion did not go
forward. The Board voted then not to appeal that permit. Over the last two years, BFI
has been meeting all of its commitments to the City. It has created all of the flood storage
capacity that it promised. The City has issued grading permits for this work over the last
two years. BFI was asked to assist with the tornado recovery efforts last winter and it
provided roll -offs and transportation to the community. It has often helped the Geyer
Springs Elementary School. BFI recently applied for the next in a series of grading
permits for its expansion project. This is the same expansion that was permitted over two
years ago and was before this Board two years ago. This is nothing more than the second
phase of an expansion that was permitted two years ago. The Public Works Department
has stated that it has no objection to the technical merits of the grading permit and is
prepared to issue the permit. So what is the controversy. The City annexed this landfill
in 1994, but the landfill has been in existence since 1979. When the City took this
landfill into the city, it knew that the landfill would be expanded. BFI has expended
nearly $2 million to improve the flood storage capacity in southwest Little Rock. BFI has
expended another $2 million preparing for this next phase of the expansion. There is no
legal basis to oppose the grading permit. Mr. Nestrud concluded by urging the Board to
allow staff to carry out its function and issue the grading permit. Those speaking against
the BFI expansion were Mr. Norm Floyd, (President of West Baseline Neighborhood
Association); D. G. Durham (Geyer Springs Neighborhood Association); Wilandra
Dean (President of the Geyer Springs Neighborhood Association); Ms. Pat Gee (8409
Dowan Dr.); and Troy Laha (Chairperson of Southwest Little Rock United for Progress).
Mr. Floyd said the expansion of the dump would not be as necessary if Garland, Clark,
and Hot Spring counties were not bringing garbage to BFI. Mr. Durham read a prepared
statement which was distributed to Board Members. He felt BFI had not fulfilled its
commitment regarding the wildlife habitat and wetland mitigation plan and concluded by
asking the Board to study this issue thoroughly and come to the conclusion this landfill
should not continue within the city limits of Little Rock. Director Adcock said she
wished Mr. Carpenter would find a way to retire BFI six years early. City Manager Cy
Carney said there have been a number of questions about compliance with the mitigation
plans, both City and State. He felt the first obligation would be to check with the State to
be sure this facility is absolutely in compliance. Based on the legal opinion of our City
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Attorney and if the mitigation plans are in order, there is no reason for the City to
withhold the issuance of the permit. Mr. Carpenter said BFI could have enjoined the City
to demand that we issue the permit before now. It is to their credit that they have not
done so. The City can't wait too long on this issue. In conclusion, Mayor Dailey read a
letter from the League of Women Voters of Pulaski County, expressing opposition to
the BFI landfill expansion and asking the City to refuse the permit for the following
reasons: expansion of landfill into the Fourche wetlands is contrary to the spirit and
intent of federal wetlands legislation; the proposed pumping and water storage system is
subject to a high risk of human and mechanical failure; the proposed pumping and water
storage system, once in place, must remain in operation indefinitely; landfill expansion
would further intrude into the site of the proposed Fourche Wetlands Park, depriving
citizens of central Arkansas use of the Wetlands for educational and recreational
purposes.
There was a brief discussion at 1:15 o'clock A.M. regarding appointments to the
Planning Commission. The Board generally agreed that it would conduct interviews of
the applicants for appointment to the Planning Commission. Director Kelly moved to
extend the deadline for submitting applications for appointment to the Planning
Commission to September 17, 1999. Director Stewart seconded the motion. Director
Lichty objected because the deadline has already been published in the newspaper. There
are three positions available and two of those are reappointments. There are adequate
applications for selection of one person. Mr. Jim Lynch, Little Rock New Party,
objected stating he didn't think Mr. Putnam and Mr. Berry are eligible for reappointment.
He also said the traditional deadline for filing applications for the Planning Commission
was mid - October, and it is quite out of the ordinary to have the August 31 deadline. A
roll call vote was then taken on the motion to extend the deadline to September 17 as
follows: Ayes — Directors Pugh, Hinton, Stewart, and Kelly — total 4; Noes — Directors
Lichty, Cazort, Keck, Wyrick, Kumpuris, Adcock, and Mayor Dailey — total 7.
Whereupon, the motion FAILED. The Board then generally agreed to conduct the
interviews at the Agenda Meeting on September 28, 1999.
The next presentation was Item 8 on the Agenda, being Resolution No. 10,639,
described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CONTRACTS FOR THE PURCHASE OF TWO (2) HOUSES ON BARBER
STREET FOR FLOOD CONTROL PURPOSES. (2725 and 2724 Barber Street.)
Following the reading of the Resolution, Director Cazort moved for its adoption. The
motion was seconded by Director Kumpuris and the Resolution was unanimously
adopted.
Consideration was then given to Resolution No. 10,640, entitled:
A RESOLUTION CONFIRMING THE SALE OF LIBRARY REFUNDING
AND IMPROVEMENT BONDS AUTHORIZED PURSUANT TO ORDINANCE
NO. 18,085 OF THE ORDINANCES OF THE CITY OF LITTLE ROCK,
APPOINTING A TRUSTEE; DESIGNATING BONDS AS BANK QUALIFIED;
AND PRESCRIBING OTHER MATTERS RELATING THERETO.
Following the reading of the Resolution, Director Cazort moved for its adoption. The
motion was seconded by Director Keck, and the Resolution was adopted by the
following voice vote: Ayes — Directors Kelly, Adcock, Pugh, Hinton, Lichty, Cazort,
Keck, Stewart, Wyrick, Kumpuris, and Mayor Dailey — total 11; Noes - None; Absent —
None.
Introduced next was Resolution No. 10,641, described as:
A RESOLUTION TO AMEND RESOLUTION NO. 10,619 (AUGUST 3,
1999) AUTHORIZING THE CITY MANAGER TO REQUEST FEDERAL
FUNDING ASSISTANCE FOR REBSAMEN PARKWAY RECREATIONAL
BIKEWAY TO ADD ADDITIONAL LANGUAGE.
Following the reading of the Resolution, Director Cazort moved for its adoption. The
motion was seconded by Director Kumpuris and the Resolution was unanimously
adopted.
Minutes
September 7, 1999
The next presentation was Resolution No. 10,642, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH RIVER CITY HYDRAULICS, INC. FOR THE
PURCHASE OF TWO HIGH DUMP REGENERATIVE AIR SWEEPERS FOR
THE PUBLIC WORKS DEPARTMENT. (In the amount of $251,752.20.)
Following the reading of the Resolution, Director Adcock moved for its adoption. The
motion was seconded by Director Cazort and the Resolution was unanimously adopted.
Consideration was then given to Resolution No. 10,643, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH THE MEHLBURGER FIRM, INC. FOR
ENGINEERING SERVICES REQUIRED FOR EXPANSION OF THE LITTLE
ROCK LANDFILL. (In the amount of $143,285.)
Following the reading of the Resolution, Director Cazort moved for its adoption. The
motion was seconded by Director Keck and the Resolution was unanimously adopted.
Item 13 on the Agenda was a proposed Ordinance described as:
AN ORDINANCE TO AMEND LITTLE ROCK REVISED CODE
SECTION 2- 243(A)(2) (1988) TO ADD REAL ESTATE MARKETING SERVICES
AS A PROFESSIONAL SERVICE;
and the Ordinance was read the first time. The Ordinance was left on the calendar for
second reading on September 21, 1999.
Item M -1 on the Agenda Modifications was approval of the Minutes of the
Board of Directors regular meeting held April 20, 1999, the reconvened meeting held
April 27, 1999, and the regular meetings held May 4, 1999, and May 18, 1999. Upon a
motion and second by Directors Lichty and Keck, respectively, the Minutes were
unanimously approved.
Item M -2 on the Agenda Modifications was Resolution No. 10,644, described as:
A RESOLUTION TO EXTEND THE TIME PERIOD DURING WHICH
EXTENDED HOURS FOR CONSTRUCTION WORK IS PERMITTED IN THE
AREAS DECLARED TO BE DISASTER AREAS IN LITTLE ROCK
RESOLUTION 10,607; AND FOR OTHER PURPOSES. (Extended to period
between 6 A.M. and 8 P.M. weekdays and Saturdays until January 1, 2000)
Following the reading of the Resolution, Director Lichty moved for its adoption. The
motion was seconded by Director Keck, and the Resolution was adopted unanimously.
The last item to be considered was Resolution No. 10,645, with the title being:
A RESOLUTION AUTHORIZING THE SALE OF A 50 FOOT WIDE
STRIP OF LAND OWNED BY THE CITY OF LITTLE ROCK FOR THE USE
AND BENEFIT OF THE LITTLE ROCK MUNICIPAL WATER WORKS, TO
THE SHACKLEFORD FAMILY LIMITED PARTNERSHIP, FOR $40,000;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
WARRANTY DEED; AND FOR OTHER PURPOSES. (Across from Kroger on
Chenal Parkway east of Kirk Road.)
Following the reading of the Resolution, Director Lichty moved for its adoption. The
motion was seconded by Director Keck, and the Resolution was adopted unanimously.
(Mr. Eddie Martin, representing the Shackleford Family Limited Partnership, was
present to answer any questions) The funds for the sale of the right -of -way will go to
Little Rock Municipal Water Works, because this is an easement.
There was a motion by Director Lichty, seconded by Director Adcock, directing
the City Manager not to accept any multifamily applications for TNEP funds for the
remainder of this year and designate that all remaining dollars be spent on single
family housing. The motion was unanimously adopted. (See Senator Walker's
comments related to Resolution No. 10, 63 7)
535
536
Minutes
September 7, 1999
There being no further business to be presented, the Board of Directors
adjourned at 1:30 o'clock A.M. to meet again in regular session on Tuesday, September
21, 1999, at 6:00 o'clock P.M.
ATTEST:
City Clerk Robbie Hancock
10
APPROVED::
U�x
2ayvor Jim Dailey