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OFFICE OF THE CITY ATTORNEY
500 West Markham, Ste. 310
Little Rock, Arkansas 72201
Amy Beckman Fields
Deputy City Attorney
January 15, 2008
Richard C. Downing, P
Attorney atLaw
801 West Third eet
Little Rock 72201
Chris'Chri4idh C. Michaels
Ca tt & Stodola, PLLC
3V Center Street, Suite 1800
Little Rock, AR 72201-2607
Re: Winfield Martin v. City of Little Rock, Arkansas
Pulaski County Circuit No. CV -2006-1630
Gentlemen:
Telephone (501) 371-4527
Telecopier (501) 371.4675
Please find enclosed a file -marked copy of the Agreed Order in the above -referenced
matter. It has been a pleasure working with both of you and I am glad we were able reach a
satisfactory resolution to this case. If you have any questions, please let me know.
Sincerely,
Amy Beck Fields
Deputy City Attorney
ABF: dab
Enclosure
cc/enc: Tony Bozynski
Ronny Loe
Mike Hood
IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
SIXTEENTH DIVISION
WINGFIELD MARTIN
VS.
CASE NO. CV -2006-1630
PLAINTIFF
CITY OF LITTLE ROCK, ARKANSAS FILED 01/11/2008 10e 45-58
and ST. PAT PROPERTIES, LLC Pat O'SARF914IDA-ATT-grcui t C Er ,
AGREED ORDER
On this day came on to be heard Plaintiff's Second Amended Appeal of Zoning
Ordinance and Request for Declaratory Judgment. Plaintiff Wingfield Martin appears by and
through his attorney, Richard C. Downing; Separate Defendant City of Little Rock ("City")
appears by and through its attorney, Amy Beckman Fields, Deputy City Attorney; and Separate
Defendant St. Pat Properties, LLC ("St. Pat'), appears by and through its attorney, Christian C.
Michaels.
The Court, based upon the stipulation of all the parties, and being well and sufficiently
advised as to all matters of fact and law herein, finds and orders as follows:
1. This Court has jurisdiction over both the subject matter and the parties to this
cause of action.
2. On January 10, 2006, the City Board of Directors enacted Little Rodk Ordinance
("LRO') No. 19,468 approving St. Pat's application for a Planned Zoning Development and
establishing a Planned Residential District titled Pinnacle Valley Court Long -Form PD -R (Z-
7952) for the development of a subdivision adjacent to Pinnacle Valley Road.
3. On August 2, 2004, the City Board of Directors enacted LRO 19,152, which is the
current version of the City's Master Street Plan. The Master Street Plan classifies Pinnacle
Valley Road as a minor arterial street.
4. The plans that the City approved for St. Pat's Planned Residential District
provided for street improvements to the portion Pinnacle Valley Road adjacent to the
subdivision's boundary in accordance with street and drainage improvement plans prepared on
behalf of the City and Pulaski County by AMI Engineering, Inc. in March 2000 (the "AMI
plan"). The AMI plan provides a different design standard than the design standard for a minor
arterial street set forth in the City's Master Street Plan.
5. Plaintiff has challenged the action of the Board claiming that the City violated its
own ordinances by not requiring St. Pat to construct boundary street improvements as required in
the Master Street Plan pursuant to Little Rock Code ("LRC") § 31-281. Plaintiff claims that the
City has acted arbitrarily, capriciously and unreasonably with respect to the adoption of LRO
19,468.
6. The parties have resolved their differences. Based upon the agreement of the
parties, St. Pat's obligation to construct boundary street improvements consistent with the design
standard for a minor arterial street is hereby deferred for a period of seven (7) years from the date
of enactment of LRO 19,468, with that time period to expire on January 10, 2013 (the "deferral
period"). In the event that the traffic count on Pinnacle Valley Road reaches a count of 18,000
vehicles per day during the deferral period, St. Paf shall construct boundary street improvements
consistent with the design standard for a minor arterial street.
7. During the deferral period, St. Pat may opt out of the obligation set forth in
Paragraph 6 of this Agreed Order by paying an in -lieu contribution to the City of Little Rock for
future construction of street improvements. In the event St. Pat pays the in -lieu contribution, it
will not be responsible for the construction of street improvements if the traffic count on
Pinnacle Valley Road reaches 18,000 vehicles per day. The in -lieu contribution will be
-2-
calculated at the rate of $103.18 per linear foot less the amount that St. Pat has already expended
for street improvements.
8. In the event the City amends the Master Street Plan, before the conclusion of the
deferral period, St. Pat's obligation, as set forth herein, will be unaffected.
9. The parties having been fully satisfied in this matter, all claims, counterclaims and
cross-claims are hereby dismissed with prejudice.
IT IS SO ORDERED.
&my
ed:
eckm xelds (89058)
Deputy City Attorney
500 West Markham, Suite 310
Little Rock, AR 72201
(501 4527
Richard C. Downing (74038)
Attorney at Law
427 West Capitol, Suite 3310
Little Rock, AR 72201
(501) 372-2066
-3-
Circuit Judge
JAN 10 2008
Date
aC. Michaels (98013)
Catlett & Stodola, PLC
323 Center Street, 18th Floor
Little Rock, AR 72201
(501) 372-2121