HomeMy WebLinkAbout05-02-17 Little Rock Board of Directors Meeting
May 2,2017
6:35 PM
Little Rock Board of Directors Meeting
May 2, 2017
6:35 PM
The Board of Directors of the City of Little Rock, Arkansas, met in a meeting with Mayor
Mark Stodola presiding. City Clerk Susan Langley called the roll with the following
Directors present: Hendrix; Richardson (enrolled at 7:10 PM); Peck; Hines; Wright;
Wyrick; Kumpuris; Fortson; Adcock; Vice-Mayor Webb; and Mayor Stodola. Director
B.J. Wyrick delivered the invocation, which was followed by the Pledge of Allegiance.
PRESENTATIONS
International Building Safety Month Proclamation
ADDITIONS:
M-1 RESOLUTION: To authorize the City Manager to execute a contract with
Windstream Services, LLC, in an amount not to exceed $268,585.80, for the purchase of
Session Initiation Protocol Trunking System and related equipment and services; and for
other purposes. Staff recommends approval.
Synopsis: To authorize City Manager to execute agreements with Windstream for trunk lines for
City's Voice-Over Internet Phone System.With the option to increase or decrease service as demand
dictates per the terms of the contract
Director Adcock made the motion, seconded by Director Hines, to add Item M-1 to the
Consent Agenda. By unanimous voice vote of the Board Members present, Item M-1
was added to the Consent Agenda.
CONSENT AGENDA (Items 1 — 11 and Item M-1)
1. MOTION: To approve the minutes of the December 6, 2016, and January 3, 2017,
Little Rock City Board of Directors Meetings; and the December 13, 2016, Little Rock
City Board of Directors Reconvened Meeting.
2. RESOLUTION NO. 14,552; G-24-051: To set May16, 2017, as the date of public
hearing on the petition to abandon a twenty (20)-foot wide access and utility easement,
located in the southern portion of Lot 204, Sandpiper Addition, in the City of Little Rock,
Arkansas; and for other purpose.
3. RESOLUTION NO. 14,553; Z-5936-0: To set May 16, 2017, as the date of public
hearing on a notice of appeal of the actions of the Little Rock Planning Commission in
denying a requested Planned Zoning District, titled Tract 75 Chenal Valley Long-Form
PD-R, located on the northwest corner of Champagnolle Drive and Rahling Road, in the
City of Little Rock, Arkansas; and for other purposes.
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4. RESOLUTION NO. 14,554: To authorize the City Manager to execute a Third
Amendment to the Parking Citation Management Services Agreement awarded to
Professional Account Management, LLC, also known as Duncan Solutions, to extend the
contract term for one (1) additional year; and for other purposes. Staff recommends approval.
Synopsis: Approval of resolution authorizing City Manager to execute an Third Amendment to the
existing Parking Citation Services Management Agreement with Professional Account Management,
LLC,to extend the contract for one(1)-year with an end date of May 23,2018.
5. RESOLUTION NO. 14,555: To authorize the City Manager to enter into an
agreement with Northrup Gruman, in the amount of $295,805.00, for the purchase of an
Explosive Ordinance Disposal Vehicle for the Little Rock Fire Department; and for other
purposes. Staff recommends approval.
Synopsis: Approval of a resolution authorizing the City Manager to enter into a contract with
Northrop Grumman/Remotec, Inc., for the purchase of an Explosive Device Disposal Vehicle
(Remotec Andros Bomb Robot)for the Little Rock Fire Department.
6. RESOLUTION NO. 14,556: To accept title to property donated to the City of Little
Rock, Arkansas, by Quitclaim Deed, to be used for Neighborhood Revitalization
Programs; and for other purposes. Staff recommends approval.
Synopsis: In an effort maximize the Land Bank's revitalization efforts, the Land Bank Commission
and staff would like to accept the donation of the property located at 7319 Twin Oaks Road.
Property Details:The parcel is a 7,405 square-foot vacant lot.
7. RESOLUTION NO. 14,557: To accept title to properties donated to the City of Little
Rock, Arkansas, by Quitclaim Deed, to be used for Neighborhood Revitalization
Programs; and for other purposes. Staff recommends approval.
Synopsis: In an effort maximize the Land Bank's revitalization efforts, the Land Bank Commission
and staff would like to accept the donation of the properties located at 2908 South Main Street and
4301 West 25th Street. Property Details: The 2908 South Main Street parcel is a 5,200 square-foot
vacant lot and the 4301 West 25th Street parcel is a 6,720 square-foot vacant lot.
8. RESOLUTION NO. 14,558: To authorize the City Manager to award a contract to
JCI Construction, Inc., in an amount not to exceed $216,794.50, for the Heatherbrae
Glen Valley Drainage Improvement Project; and for other purposes. (Funding from the
2012 3/8-Cent Capital Improvement Sales Tax and the 2013 Limited Tax General Obligation Capital
Improvement Bonds) Staff recommends approval
Synopsis: Authorizes the City Manager to execute an agreement with JCI Construction, Inc., for
Heatherbrae Glen Valley Drainage Improvements, Project No. 13-05-017, Bid No. 17-005. (Located in
Ward 5)
9. RESOLUTION NO. 14,559: To authorize the City Manager to award a contract to
JCI Construction, Inc., in an amount not to exceed $753,146.40, for the Tanya Drive
Realignment and Signal Improvement Project; and for other purposes. (Funding from the
2012 3/8-Cent Capital Improvement Sales Tax and the 2013 Limited Tax General Obligation Capital
Improvement Bonds) Staff recommends approval
Synopsis: Authorizes the City Manager to execute an agreement with JCI Construction, Inc., for
Tanya Drive Realignment and Signal Improvements, Project No. 13-B-6B, Bid No. 17-006. (Located in
Ward 6)
10. RESOLUTION NO. 14,560: To authorize the City Manager to enter into a contract
with River City Hydraulic Company, in the total amount of$708,000.00, for the purchase
of four (4) Rear-Loader Sanitation Trucks for the Public Works Department utilizing the
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Housing-Galveston Area Council (HGAC) Cooperative Purchasing Agreement; and for
other purposes. Staff recommends approval.
Synopsis: Approval of a resolution authorizing the City Manager to enter into a contract with River
City Hydraulic Company for four (4) Rear-Loader Sanitation Trucks for the Little Rock Public Works
Department.
11. RESOLUTION NO. 14,561: To express the willingness of the City of Little Rock,
Arkansas, to utilize Federal-Aid Transportation Alternatives Program Funds and to
authorize the Mayor, City Manager and City Clerk to execute any and all necessary
agreements and documents for its administration; and for other purposes. Staff
recommends approval.
Synopsis: Approval of a resolution authorizing the City Manager to apply for Transportation
Alternatives Program (TAP) Grant for 12th Street to War Memorial Trail and Recreational Trails
Program (RTP) Grant for Ottenheimer Park Trails from the Arkansas Highway and Transportation
Department
M-1 RESOLUTION NO. 14,562: To authorize the City Manager to execute a contract
with Windstream Services, LLC, in an amount not to exceed $268,585.80, for the
purchase of Session Initiation Protocol Trunking System and related equipment and
services; and for other purposes. Staff recommends approval.
Synopsis: To authorize City Manager to execute agreements with Windstream for trunk lines for
City's Voice-Over Internet Phone System.With the option to increase or decrease service as demand
dictates per the terms of the contract
Director Adcock made the motion, seconded by Director Wright, to approve the Consent
Agenda. By unanimous voice vote of the Board Members present, the Consent
Agenda was approved.
CITIZEN COMMUNICATION
There were no cards received from individuals wanting to speak during Citizen
Communication.
GROUPED ITEMS (Items 12 - 18)
12. ORDINANCE NO. 21,396: To amend Chapter 8, of the Revised Code of
Ordinances of the City of Little Rock, Arkansas, to modify the boundaries of the Fire
District; and for other purposes. Staff recommends approval.
Synopsis: Staff is proposing an amendment to Chapter 8, Section 8-32(1) for the removal of a
certain section of the Fire District.
13: ORDINANCE NO. 21,397: To amend Chapter 8, of the Revised Code of
Ordinances of the City of Little Rock, Arkansas, to provide for the adoption by reference
of the 2017 National Electrical Code; and for other purposes. Staff recommends approval.
Synopsis: Currently the City is enforcing the 2014 National Electrical Code. Adoption of the 2017
Code would bring the City up-to-date with the most current Code.
14. ORDINANCE NO. 21,398; Z-3051-B: To reclassify property located in the City of
Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock,
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Arkansas; and for other purposes. Planning Commission: 11 ayes; 0 nays; and 0 absent. Staff
recommends approval
Synopsis: The owner of the 0.28-acre property located at 3412/3414 Mabelvale Pike is requesting
that the zoning be reclassified from C-1, Neighborhood Commercial District, to C-4, Open Display
District,to allow for a small used car sales business. (Located in Ward 2)
15. ORDINANCE NO. 21,399; Z-3371-BBB: To reclassify 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. Planning Commission: 11 ayes; 0 nays; and 0 absent. Staff
recommends approval
Synopsis: The owner of the 8.595-acre property located at the southeastern corner of Colonel Glenn
Plaza Loop and David O. Dodd Road is requesting that the zoning be reclassified from C-3, General
Commercial District, to C-4, Open Display District, to allow the property to be platted into two (2)
lots,with the east 3.432 acres being developed for a car dealership and the west 5.163 acres being
held for future commercial development. (Located in Ward 7)
16. ORDINANCE NO. 21,400; Z-9200: To reclassify 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. Planning Commission: 11 ayes; 0 nays; and 0 absent. Staff
recommends approval
Synopsis: The owner of the 0.16-acre property located at 1914 Perry Street is requesting that the
zoning be reclassified from R-2, Single-Family District, to R-4, Two-Family District to allow for the
construction of one(1)duplex structure on the site. (Located in Ward 6)
17. ORDINANCE NO. 21,401; Z-9201: To reclassify 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. Planning Commission: 11 ayes; 0 nays; and 0 absent. Staff
recommends approval
Synopsis: The owner of the 0.155-acre property located at 2105 Perry Street is requesting that the
zoning be reclassified from R-2, Single-Family District, to R-4, Two-Family District to allow for the
construction of one(1)duplex structure on the site. (Located in Ward 6)
18. ORDINANCE NO. 21,400; Z-9202: To authorize the City Manager to dispense with
the requirement of competitive bidding and enter into a Sole-Source Contract with
Socrata, Inc., in an amount not to exceed $131,064.00, plus applicable taxes and fees,
for the purchase of the Socrata Open Performance module implementation; and for
other purposes. Staff recommends approval.
Synopsis: To authorize City Manager to dispense with competitive bids and enter into a Sole-Source
Contract with Socrata, Inc., for the purchase of the Socrata Open Performance module
implementation.
The ordinances were read a first time. Director Adcock made the motion, seconded by
Director Wright, to read the ordinances a second time. By unanimous voice vote of the
Board Members present, the ordinances were read a second time. Director Adcock
made the motion, seconded by Director Wright, to suspend the rules and place the
ordinances on third reading. By unanimous voice vote of the Board Members present,
the rules were suspended and the ordinances were read a third time. By unanimous
voice vote of the Board Members present, the ordinances were approved.
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SEPARATE ITEMS (Items 19—20)
19. RESOLUTION NO. 14,563: To authorize the City Manager to enter into contracts to
provide Summer Academic Enrichment and Recreation Programs approved by the
Commission on Children Youth and Families for 2017; and for other purposes. Staff
recommends approval.
Synopsis: Approval of a resolution authorizing the City Manager to enter into contracts with sixteen
(16)non-profit organizations to provide Summer Academic Enrichment and Recreation Programs.
Mayor Stodola asked for an overview regarding what the programs were designed to
accomplish. Community Programs Department Director Dana Dossett stated that the
purpose of the programs were to help ensure that the students didn't experience
learning loss that often occurred during the summer. Ms. Dossett stated that 50% of the
time would be spent with academic activities and the remaining 50% of the time would
be spent participating in various recreational activities. Ms. Dossett stated that the ages
for the programs were from six (6) to fifteen (15), and that those individuals aged sixteen
(16) to twenty-one (21) were eligible for the Summer Youth Employment Opportunity
positions.
Director Hines made the motion, seconded by Director Wright, to approve the resolution.
By unanimous voice vote of the Board Members present, the resolution was
approved.
20. RESOLUTION NO. 14,564: To authorize the City Manager to enter an agreement
with Junior Achievement of Arkansas in an amount not to exceed $50,000.00, to provide
Summer Youth Employment Opportunity related services; and for other purposes. Staff
recommends approval.
Synopsis: Approval of a resolution authorizing the City Manager to enter into a contract with one(1)
non-profit organization to provide Summer Youth Employment Opportunity related services.
Director Hines made the motion, seconded by Director Richardson, to approve the
resolution. By unanimous voice vote of the Board Members present, the resolution
was approved.
PUBLIC HEARINGS (Items 21 —22)
21. ORDINANCE NO. 21,403: To authorize the issuance of Taxable Industrial
Development Revenue Bonds under the authority of Act No. 9 of 1960, as amended,
and the Municipalities and Counties Industrial Development Revenue Bond Law, as
amended, to secure and develop industry within the City; to authorize execution and
delivery of a Bond Purchase Agreement providing for the sale of the Bonds; to authorize
the execution and delivery of a Mortgage Security Agreement and fixture filing securing
the Bonds; to authorize execution and delivery of a Lease Agreement by and between
the City of Little Rock, Arkansas, as Lessor, and Martial Arts Services, Inc., as Lessee;
to authorize and approve execution and delivery of a Sublease Agreement by and
between the Lessor and ATA International, Inc., as Sublessee; to authorize execution
and delivery of an agreement for payments in lieu of taxes; to authorize execution and
delivery of other documents related to the issuance of the Bonds and to prescribe other
matters in relation thereto; to declare an emergency; and for other purposes.
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The ordinance was read a first time. Director Adcock made the motion, seconded by
Director Hines, to read the ordinance a second time. By unanimous voice vote of the
Board Members present, the ordinance was read a second time. Director Adcock made
the motion, seconded by Director Wright, to suspend the rules and place the ordinance
on third reading. By unanimous voice vote of the Board Members present, the rules
were suspended and the ordinance was read a third time.
Mayor Stodola opened the public hearing and asked if there were individuals present
that wished to speak for or against the item. There being none present, Mayor Stodola
closed the public hearing.
By roll call vote, the vote was as follows: Ayes: Richardson; Peck; Hines; Wright;
Wyrick; Kumpuris; Fortson; Adcock; and Vice-Mayor Webb. Present: Hendrix. When
asked if she would like to change her Present vote, Director Hendrix indicated that she
would like to change her vote from Present to Aye. The final roll call vote was as
follows: Ayes: Hendrix; Richardson; Peck; Hines; Wright; Wyrick; Kumpuris; Fortson;
Adcock; and Vice-Mayor Webb. By a vote of ten (10) ayes and zero (0) nays, the
ordinance was approved. By unanimous voice vote of the Board Members present,
the emergency clause was approved.
22. RESOLUTION; Z-8170-C: To rescind the Little Rock Planning Commission's action
in denying a Conditional Use Permit to allow a Wastewater Treatment Plan on the
property located at 25616 Highway 10; and for other purposes. Planning Commission: 1 aye;
9 nays; and 1 absent. Staff recommends denial. (Deferred from September 6, 2016) (Deferred from
December 6,2016)(Deferred from March 7,2017)
Synopsis: The applicant, Rick Ferguson, through his attorney Philip Kaplan, is appealing the
Planning Commission's action in denying a Conditional Use Permit to allow a Wastewater Treatment
Plant on the property located at 25616 Highway 10. (Located in the City's Extraterritorial
Jurisdiction)
Mayor Stodola opened the public hearing and asked if there were individuals present
that wished to speak for or against the item.
Planning & Development Department Director Tony Bozynski stated that property in
question was located in the Extraterritorial Jurisdiction (ETJ) are approximately two (2) —
2.5 miles outside the City Limits. Mr. Bozynski stated that the proposed Conditional Use
Permit (CUP) was for the placement of a wastewater treatment plant to ultimately serve
a future development of a subdivision of approximately 110 lots. Mr. Bozynski stated
that staff recommended denial due to issues with compatibility, potential negative impact
on surrounding properties, possible long-term health, safety & welfare issues and
possible enforcement problems. Mr. Bozynski stated that a the Planning Commission
hearing, the opposition raised concerns regarding another discharge into Nowlin Creek,
the type of growth that was compatible or not compatible for the surrounding area, the
long-term effect of a number of treatment plants on the area and enforcement &
maintenance of the plant.
Director Wright asked if health and safety issues could be considered for this zoning
issue. City Attorney Tom Carpenter stated that a CUP allowed the potential impact on a
surrounding area to be considered. Director Kumpuris asked what the area was
currently zoned. Mr. Bozynski stated that the area was currently zoned Planned
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Commercial Development; however, the designation had expired. Mr. Bozynski stated
that a Planned Development had been approved in 2007, and no additional extensions
had been sought when it expired after three (3) years. Mr. Bozynski stated that the
underlying zoning was R-2, Single-Family District. Director Fortson asked how large the
overall development was contemplated to be. Mr. Bozynski stated that the property was
approximately thirty-six (36) to thirty-seven (37) acres.
Phil Kaplan, 111 Center Street: Mr. Kaplan stated that the applicant had submitted an
application that conformed in every respect to the R-2, Single-Family District, zoning.
Mr. Kaplan stated that staff's objection was that if the CUP was approved for the
wastewater treatment plant, it would be the first step in allowing the subdivision to ignore
the City's existing zoning. Mr. Kaplan stated that the sellers held the property at R-2
zoning, and his client bought the property with the R-2 zoning classification. Mr. Kaplan
stated that it was unfair to tell his applicant that the property could not be developed due
to the fact that it was considered urban sprawl. Mr. Kaplan stated that the area that the
wastewater treatment plant was to be located was heavily wooded, and that the
buffering would be totally surrounded by mature growth. Mr. Kaplan stated that in July
2016, staff had met with representatives from the Arkansas Department of
Environmental Quality (ADEQ) to express their concerns regarding the project. Mr.
Kaplan stated that there was no identification of those alleged concerns were, so he
submitted a Freedom of Information Act (FOIA) request to both the City and ADEQ. Mr.
Kaplan stated that he asked if the City had been informed at any time whether there had
been a problem affecting public health, safety and/or welfare with any Wastewater
Treatment Plant operating with or without a CUP in Pulaski County. Mr. Kaplan stated
that staff had stated they had not been notified of such an issue. In addition, Mr. Kaplan
stated that he asked what the date was of the meeting between City Staff and ADEQ
and for staff to supply notes concerning the meeting. Mr. Kaplan stated that notes were
never submitted; therefore, there was no support for the proposition that there should be
a concern. Mr. Kaplan stated that the subdivision would be a Municipal Improvement
District, which would have Commissioners, the right to assess and the right to foreclose
on properties if the assessments aren't paid. In addition, Mr. Kaplan stated that there
would be less phosphorus coming out of the treatment plant then would come off of
pasture land, which contained fertilizer and animal waste.
Doug Ford: Stated that he practiced Environmental Engineering in Little Rock and would
be explaining the process of obtaining a National Pollutant Discharge Elimination
System (NPDES) Permit for the discharge of treated wastewater. Mr. Ford stated that
the NPDES Permit was part of the Clean Water Act and ADEQ was required to follow
the requirements of the Federal Clean Water Act to issue those permits. Mr. Ford stated
that they had made application to ADEQ for the treatment plant and ADEQ had deemed
the application to be complete. Mr. Ford stated that ADEQ made notification to the
public indicating that a permit had been requested. Mr. Ford stated that they submitted
the plans and specifications to the Arkansas Department of Health (ADH) for review and
it was determined that the treatment plant met the requirements. Mr. Ford stated that
ADEQ then took the information and prepared a draft permit for the discharge of treated
wastewater. Mr. Ford stated that when the draft became final, another advertisement
was issued for public comment regarding the draft permit. Mr. Ford stated that once the
thirty (30)-day public comment period was completed, the draft could proceed to be
finalized. Mr. Ford stated that when an application was submitted for permit, a
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description had to be provided what type of wastewater would be discharged and where
it would be discharged, which in this case was residential wastewater discharged into
Nowlin Creek. Mr. Ford stated that the proposed treatment plant was an Activated
Sludge Extended Aeration Treatment Plant, which would operate very successfully with
proper operation, and had met the requirements of ADEQ.
Director Wright asked if the Board could approve before ADEQ had granted the permit.
City Attorney Carpenter stated that there was currently a stand-off in that ADEQ would
not grant a permit until the City had approved the zoning and the CUP; however, the City
would not grant the CUP until ADEQ had granted the permit for the package plant. City
Attorney Carpenter stated that he had drafted language to state that for purposes of
review of the facilities by ADEQ, the CUP would be granted. City Attorney Carpenter
stated that in regards to the final effective date of the resolution, there were four (4)
conditions: 1) the appropriate permits were obtained; 2) the applicants bring the permits
to the Clerk's Office to be added as an exhibit to the resolution that granted the CUP; 3)
that the process be completed within six (6) months; and 4) there would be a thirty (30)-
day referendum period before everything became final.
Director Hines asked if there was any chance that ADEQ would issue a permit for the
plant if the treatment proposed would present a threat to public health, safety and
welfare in the area. Mr. Ford stated that ADEQ would not issue a permit if those
determinations were made. Director Fortson asked in a fully developed-out subdivision
what would be the volume of the plant. Mr. Ford stated that the draft permit with ADEQ
was for 0.4 mgd (40,000 gallons per day), or twenty-five (25) gallons per minute;
however, he believed the flow to be_closer to 30,000 gallons per day. Director Wyrick
asked what type of back-up the treatment plant would have in the case of a power
failure. Mr. Ford stated that ADEQ and ADH required back-up emergency generators for
power supply.
Steve Giles: Stated that he represented the Citizens of West Pulaski County and that
they were not against development; however, they wanted good, responsible
development. Mr. Giles stated that the residents did not believe that good, responsible
development included high-density residential subdivisions with a CUP to get rid of the
wastewater. Mr. Giles stated that there was not any property near the area that
contained that type of density or the amount of discharge into Nowlin Creek. Mr. Giles
stated that HB1550, which was now Act 987, put the policy for the City to act first in the
CUP process.
Drew Kelso, P.O. Box 241130, Little Rock: Stated that he was a resident of West
Pulaski County and lived in the ETJ, and was the spokesman for the Nowlin Creek
Neighborhood Association and the Citizens of West Pulaski County. Mr. Kelso stated
that it was a forgone conclusion that there would be growth in West Pulaski County;
however, with more growth in the ETJ, more developers would be pursuing high-density
subdivisions using private sewage treatment plants discharging into the Little Maumelle
River. Mr. Kelso stated that growth in the ETJ was outpacing the City's ability to provide
required infrastructure. Mr. Kelso stated that in the ETJ, the receiving streams for all
sewage discharge were tributaries of the Little Maumelle River and there were no less
than seven (7) recreational areas that were located along the streams of the Little
Maumelle Watershed. Mr. Kelso stated that if the CUP was approved for the plant on
Nowlin Creek, it along with other plants located in the area, would generate over
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100,000 gallons per day flowing into the Little Maumelle River. Mr. Kelso stated that
even if the sewage plant was engineered, built, operated and maintained correctly and
the discharge limits set by ADEQ were met, it would still be polluting. Mr. Kelso stated
that a permit from ADEQ was in a sense a permit to pollute and if there was no pollution,
a permit would not be needed. Mr. Kelso stated that in the last two (2) years, there had
been three (3) major failures of subdivision-maintained sewage treatment plants in
Arkansas that had made it all the way to the Pollution Control and Ecology Commission.
Mr. Kelso stated that he had examined all sixty-three (63) of the Discharge Permits in
Pulaski County that Mr. Kaplan made reference to and of those, thirty-seven (37) were
individual residences discharging less than 1,000 gallons per day, another fifteen (15)
were school districts, churches, a few night clubs, a mobile home park, a couple of
apartment homes and three (3) Dollar Stores. Mr. Kelso stated that after those locations
were removed, there were approximately four (4) that were germane to that evening's
discussion. Mr. Kelso stated that ADEQ's enforcement and monitoring system was
totally reliant on timely and accurate reporting by the operators. Mr. Kelso reported that
in 2014, only 4% of the plants in non-compliance had formal actions and the total result
in fines was $30,575. Mr. Kelso stated that there was no satisfactory mechanism for
financial assurance of privately-owned and maintained sewage treatment plants. Mr.
Kelso stated that the passage of the Mountain Valley CUP, or any similar CUP, would be
contrary to the purpose and intent of City Code and would create an unreasonable risk
of: jeopardizing the public health, safety and welfare; adversely affecting the property of
the citizens; and destroying the Little Maumelle Watershed.
Dr. Harold Hedges: Stated that he was a resident of West Pulaski County and lived in
the ETJ on Nowlin Creek, and was a member of the Nowlin Creek Neighborhood
Association. Mr. Hedges stated that toxic algae blooms did affect lives and that they had
photographs of such blooms that had occurred as a result of the one treatment plant that
was operational on Nowlin Creek. Dr. Hedges stated that Freshwater Harmful Algae
Bloom) toxins could cause disease in humans and disease and death in domesticated
and wild animals. Dr. Hedges stated that Nowlin Creek went dry with no flow from
approximately May to November, and the only time flow was seen was due to a heavy
rain. Dr. Hedges stated that the water would be polluted before it could be seen with
human eye. Dr. Hedges stated that he had taken a sample of water from the discharge
of the Alotian Wastewater Treatment Plant into Nowlin Creek. Dr. Kelso stated that
when he took the sample, he assumed that it complied with ADEQ Standards for
Bacteria and Chemical Composition; however, it was not sterile and contained bacteria
and the chemicals Nitrogen and Phosphates. Dr. Kelso stated that because of the
known toxic effects of algae blooms in pools between dry creek beds and small streams,
he was asking the Board to uphold the Planning Commission's action in denying the
CUP.
Sanford Toilette: Stated that he was a resident of West Pulaski County and for forty-one
(41) years, he had been the Executive Director of the Joseph Pfeifer Kiwanis Camp,
which provided the children from the City and community the opportunity to participate in
a wholesome, wilderness experience in the outdoors. Mr. Toilette stated that Camp
Pfeifer was located on eighty-eight (88) acres on the Little Maumelle River. Mr. Toilette
stated that the vote was looking to the future and was about the children and the
potential to being exposed to bacteria and other things contained within the potential
discharge
Travis Porter, 7412 Ferndale Cutoff: Stated that he lived in the ETJ and his concern was
regarding a specific condition in the permit drafted by ADEQ. Mr. Porter stated that
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Condition No. 13 identified the sampling type and frequency to be performed on the
discharge from the proposed wastewater treatment plant. Mr. Porter stated that
adequate sampling of the discharge was essential to assure that the plant was operating
properly and conforming to specified limits of the parameters identified in the permit. Mr.
Porter stated that the condition identified eight (8) parameters to be measured on the
discharge of the permit. Mr. Porter stated that one of the parameters was that the flow
of the process was to be measured twice a week. In addition, Mr. Porter stated that
fecal coliform was to be measured by taking a grab sample only once per quarter. Mr.
Porter stated that the sampling and frequency testing specified in the pending permit did
not adequately protect the people, the animals or the environment downstream from
where the facility would be discharging.
Ruth Bell, 7611 Briarwood Circle: Stated that she represented the League of Women
Voters of Pulaski County and they were concerned with not only the health and safety
issues, but with the financial cost of possible failures. Ms. Bell stated that they felt that
such an urban style subdivision would be detrimental to the City's long-range planning
and asked that the Board reject the appeal.
Tom Frothinqham, 24207 Pleasant Grove Road: Stated that he was the President of the
Nowlin Creek Neighborhood Association. Mr. Frothingham stated that he was an
organic farmer and was against the appeal of the CUP.
Robert Walker, 3224 West Capitol Avenue: Stated that if the developer would build
large lots, the residents could have individual septic tanks. Mr. Walker asked that the
Board deny the appeal of the CUP.
Rel Corbin, 4715 West 29th Street: Stated that ADEQ would approve anything and he
was against the appeal of the CUP.
Mr. Kaplan stated that there was bacteria in any creek located within the State, whether
it had discharge or not. Mr. Kaplan stated that ADEQ was fulfilling their responsibilities
under the Clean Water Act or the Federal Government would have already taken them
over. Mr. Ford stated that ADEQ, along with the Environmental Protection Agency,
established water quality standards on all streams and water bodies in Arkansas, and
that some pollutants were naturally occurring.
Mayor Stodola closed the public hearing.
By unanimous voice vote of the Board Members present, the resolution failed.
Director Richardson stated that he was confused and would like to change his vote to
Aye. By voice vote of the Board Members present, with Director Richardson voting in
support, the resolution failed.
Director Adcock made the motion, seconded by Director Hines, to adjourn the meeting.
By unanimous voice vote of the Board Members present, the meeting was adjourned.
ilk
A •1. APPROVED/
110
/ / ijii
iiiii gley, City Clerk Mark Stodola, ayof
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