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06-20-06Little Rock Board of Directors Meeting — Minutes — June 20, 2006 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham June 20, 2006 - 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in a regular session with Vice Mayor Graves presiding. Nancy Wood, City Clerk, called the roll with the following directors present: Pugh, Keck, Wyrick, Stewart, Hurst, Hinton, Adcock, and Vice Mayor Graves. Director Kumpuris and Mayor Dailey enrolled at 6:20 PM. Director Keck gave the invocation, which was followed by the Pledge of Allegiance. PRESENTATIONS: Project Progress Review Committee Update (June 20, 2006) NUSA Update: Director Joan Adcock (June 20, 2006) Mayor Dailey asked the Board to consider the listed modifications. ADDITIONS: M -1. RESOLUTION 12,295 - Authorizing the City Manger to enter into a contract with Wilkins Construction Company for the River Market Pedestrian Bridge in the amount of $521,739 ($474,308 plus 10% contingencies). Staff recommends approval. Synopsis: Authorizes the City Manager to execute an agreement with Wilkins Construction Company for the construction of a pedestrian bridge to connect Clinton Avenue to the new Game and Fish Commission Nature Center and River Market Promenade. Bid Number 06 -254. M -2. RESOLUTION 12,296 - Authorizing the City Manager to execute an extension of the existing contract with Risk Management Resources to provide third party administrative services for the City's self - insured Worker's Compensation Program. Staff recommends approval. Synopsis: The incumbent provider of third party administrative services to the City's Worker's Compensation Program has proposed renewal of that contract with no increase in fee. M -3. MOTION - To rescind the vote on Z- 6219 -D — An ordinance approving a Planned Zoning Development and establishing a Planned Commercial District titled Bella Rosa Revised Long - Form PCD located on the southwest corner of Cantrell Road and Bella Rosa Drive, Little Rock, Arkansas; amending Ordinance No. 19072 and the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 6 ayes, 5 nays, 0 absent. Staff recommends approval. Board of Directors Vote on June 6, 2006: Directors Pugh, Keck, Wyrick, Stewart, Mayor Dailey voted yea: Directors Hurst, Cazort, Hinton, Adcock, Kumpuris, Vice Mayor Graves voted nay. (Director Graves gave notice of the motion at the Agenda Meeting on June 13, 2006). Synopsis: The developer is requesting a change in the previously approved hours of operation. Little Rock Board of Directors Meeting — Minutes June 20, 2006 M -4. RESOLUTION 12,297 - To authorize the City Manager to execute the policy for stop loss insurance for the City's self - funded Workers' Compensation program with Midwest Employers Reinsurance for a 12 -month period effective July 1, 2006. Staffrecommends approval. Synopsis: The City is required by the Arkansas Workers' Compensation Commission to purchase stop coverage for its self - insured Workers' Compensation program. The incumbent provider, Midwest Employers Reinsurance, has proposed renewal of the existing policy. WITHDRAWAL 18. PUBLIC HEARING & RESOLUTION - Applicant's Request - Z -8021 — To rescind the Little Rock Planning Commission's action in denying a Conditional Use Permit to allow a correctional facility to be located on the 1 -3 zoned property at 3215 Brown Street. Planning Commission: 5 ayes, 4 nays, 2 absent. Staff recommends approval with conditions. Synopsis: The applicant is appealing the Planning Commission's action in denying a Conditional Use Permit to allow Firetree, Ltd. to operate a Correctional Facility at 3215 Brown Street. Director Kumpuris, seconded by Director Stewart, to accept the modifications to the consent agenda. By unanimous voice vote of the Board members present the modifications (M -1, M -2, and M -4) were approved. The Mayor asked Tom Carpenter, City Attorney, to give a brief summary of matters regarding M -3. Mr. Carpenter explained that, although rare, the intent of the motion is to rescind the vote taken at the June 6, 2006 Board meeting on Item M -3. If the motion to rescind the last vote passed then a motion to send the item back to the Planning Commission could be made. He added that a motion to rescind could happen at anytime and that it was debatable. The Board asked questions about Robert's Rules of Order and the procedure for making such a motion to help clarify their actions. Tony Bozynski, Planning Director, answered questions about the current hours, which are 7 AM through 8 PM with 24 hour access to the mini - storage facility. The Mayor recognized speakers in support and opposition of Item M -3, allowing five (5) minutes on either side of the issue. Gene Pfeifer stated that there were rules in place to keep the same things from appearing excessively before the Board of Directors. He added that this item was an example of why those rules are made and added that it was time to put them into place. He noted that the establishment had been sighted for violating their current operation of hours several times by the City. He also mentioned that he thought the Board was being taken advantage of by this applicant. He disagreed with the argument that other establishments were open at the requested hours of the applicant and added that these establishments were in properly zoned areas to do business at those times. He ended by saying that the Board should be outraged by the actions of the applicant and asked for a vote against this motion. 2 Little Rock Board of Directors Meeting — Minutes June 20, 2006 Ruth Bell, League of Women Voters, noted that she was not in support of the motion because she did not feel that enough information had been presented by the applicant as to his intent to his operation hours on Friday, Saturday, and Sunday. Brad Sherman, KAC, Inc, representing Jim's Razorback Pizza, spoke in favor of the motion. He stated that his company did not take the Board's proceedings lightly. He added that up until this time the landlord had been acting on their behalf and they felt like they could better represent their own interests. He explained that the establishment is not a tavern, but that the intent of the business plan is to create a family atmosphere for watching evening sporting events; adding that 15% of their revenue was alcohol and the other 85% was non - alcoholic beverages and food. He urged the Board to vote in favor of the motion to give his company an opportunity to take this issue back to the Planning Commission. The Board asked several questions in regard to when a new application could be submitted. Mr. Carpenter explained that if the Board did not send the item back to Planning, that it would be one (1) year before the issue could be heard again by the Planning Commission or the Board. Questions were asked by the Board in regard to what the application would say if it was sent back to the Planning Commission for a new vote and came back to them and how one (1) tenant could represent the entire development. Mr. Carpenter answered that those questions could only be answered if and after the developer, tenant, and Planning Commission met again. Director Graves, seconded by Director Keck made the motion to rescind June 6, 2006 vote on Z- 6219-D — An ordinance approving a Planned Zoning Development and establishing a Planned Commercial District titled Bella Rosa Revised Long -Form PCD located on the southwest corner of Cantrell Road and Bella Rosa Drive. A roll call vote was taken and recorded as follows: Directors Pugh, Wyrick, Stewart, Hurst, Cazort, Hinton, and Adcock voted nay. Directors Keck, Kumpuris, Vice Mayor Graves, and Mayor Dailey voted aye. With 4 ayes and 7 nays, the motion failed and M -3 was not sent back to the Planning Commission. A motion was made by Director Keck, seconded by Vice Mayor Graves, to go into executive session at the end of the agenda items. By unanimous voice vote of the Board members present, being two - thirds in number motion was passed. The Mayor requested that the Consent agenda be read. CONSENT AGENDA (Items 1 — 7) 1. MOTION - To approve minutes for the regular City of Little Rock Board of Directors Meeting: May 16, 2006. 2. RESOLUTION 12,298 - To approve increasing the Public Works bond - resurfacing contract with Cranford Construction by $200,000 to include the paving of Fleet Services Vehicle Storage Lot. Staff recommends approval. Little Rock Board of Directors Meeting — Minutes — June 20, 2006 3. RESOLUTION 12,299 - Authorizing the City Manager to enter into a contract with Glover's Truck Parts and Equipment for the purchase of one (1) twelve (12) cubic yard dump truck in the amount of $71,014.00. Staff recommends approval. 4. RESOLUTION 12,300 - To set the date of public hearing for July 11, 2006, at 6:00 PM, on an ordinance establishing a schedule of sewer rates for the Little Rock Wastewater Utility and fixing the effective date thereof and declaring an emergency. 5. RESOLUTION 12,301 - To establish the Mid -City TNEP (Targeted Neighborhood Enhancement Area and Plan). Staff recommends approval. Synopsis: The citizens of Little Rock wish to rehabilitate the central part of Little Rock, referred to as Mid -City, and bound by Woodrow Street on the east, University Avenue on the west, Interstate 30 on the north and Asher Avenue /Roosevelt Road on the south, which is suffering from neglect, abandonment and urban blight. The historical and architectural focus of this neighborhood is significant to this city and should be preserved; and the Mid -City neighborhoods represent one of the City's older mixed - use neighborhoods, providing housing, commercial, retail and educational services for the residents. Public meetings for citizens input were held on June 1, 2006, at the Willie Hinton Neighborhood Resource Center and June 5, 2006, at the Tyler Street Alert Center. Boundary maps, enabling legislation, current housing stock conditions, and other data were presented to the public. 6. RESOLUTION 12,302 - Authorizing the City Manager to enter into a contract for public relations, advertising design and consultation services and products for the Little Rock Zoo to Blackwood and Company, LLC. Staff recommends approval. Synopsis: The resolution authorizes the City Manager to enter into a contract with Blackwood and Company, LLC for public relations, advertising design, and consultation services for the Little Rock Zoo. 7. RESOLUTION 12,303 - Authorizing 2004 Bond Program Capital Funds to increase Cranford Construction Company, 2006 asphalt overlay contract to serve the Little Rock 65th Street Industrial District. Staff recommends approval. 2004 Bond Project. M -1. RESOLUTION 12,295 - Authorizing the City Manger to enter into a contract with Wilkins Construction Company for the River Market Pedestrian Bridge in the amount of $521,739 ($474,308 plus 10% contingencies). Staff recommends approval. Synopsis: Authorizes the City Manager to execute an agreement with Wilkins Construction Company for the construction of a pedestrian bridge to connect Clinton Avenue to the new Game and Fish Commission Nature Center and River Market Promenade. Bid Number 06 -254. M -2. RESOLUTION 12,296 - Authorizing the City Manager to execute an extension of the existing contract with Risk Management Resources to provide third party administrative services for the City's self - insured Worker's Compensation Program. Staff recommends approval. Synopsis: The incumbent provider of third party administrative services to the City's Worker's Compensation Program has proposed renewal of that contract with no increase in fee. E Little Rock Board of Directors Meeting — Minutes — June 20, 2006 M -4. RESOLUTION 12,297 - To authorize the City Manager to execute the policy for stop loss insurance for the City's self - funded Workers' Compensation program with Midwest Employers Reinsurance for a 12 -month period effective July 1, 2006. Staff recommends approval. Synopsis: The City is required by the Arkansas Workers' Compensation Commission to purchase stop coverage for its self - insured Workers' Compensation program. The incumbent provider, Midwest Employers Reinsurance, has proposed renewal of the existing policy. A motion was made by Director Adcock, seconded by Director Cazort, to adopt the Consent Agenda. By unanimous voice vote of the Board members present, being two - thirds in number, the Consent Agenda was adopted (Items 1 -7, M -1, M -2, and M -4). The Mayor requested that the agenda items that were scheduled to be set for the July 11, 2006, meeting be moved to June 27, 2006 to be acted upon after the reconvened meeting scheduled for that day. The Board agreed to move the items to June 27, 2006. Director Graves asked for verification for the date on the Tetra Tech report. Mr. Bruce Moore, City Manager, responded that staff was in dialogue with Mr. Reggie Corbitt and he would notify the Board once a date was established. The Mayor requested the first reading of the Grouped Items. He recused on Items 8 - 12. The Clerk read Items 13, 14, and 15 before the Mayor excused himself from the Board Chambers. 13. ORDINANCE 19,554 - LU06 -15 -01 - To amend the Land Use Plan (16,222) in the Geyer Springs West District from Multi- Family to Single - Family, located along Preston Drive and Atkins Drive. Planning Commission: 7 ayes, 0 nays, 4 absent. Staff recommends approval. Synopsis: A Land Use Plan Amendment in the Geyer Springs West District from Multi - Family to Single- Family along Preston and Atkins Drive. 14. ORDINANCE 19,555 - Z- 8040 — 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: 7 ayes, 0 nays, 4 absent. Staff recommends approval. Synopsis: The owners of the 7.88 acre property located along Preston Drive, Adkins Street, Acorn Place and Cameron Street (east of Chicot Road) are requesting that the zoning be reclassified from R -5 to R -3. 15. ORDINANCE 19,556 - Z -8044 — 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: 7 ayes, 0 nays, 4 absent. Staff recommends approval. Synopsis: The owner of the 3.643 acre property located at 8120 Stagecoach Road is requesting that the zoning be reclassified from R -2 to C -3. l Little Rock Board of Directors Meeting — Minutes — June 20, 2006 Director Adcock, seconded by Director Cazort, made a motion to suspend the rules and place the ordinances on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinances were read the second time. Director Adcock, seconded by Director Cazort, made a motion to suspend the rules and place the ordinances on third and final reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinances were read the third time. By unanimous voice vote of the Board members present, being two - thirds in number, Items 13 - 15 were adopted. Mayor Dailey excused himself form the Board Chambers. Vice Mayor Graves presided over the meeting in his place. Upon request, the City Clerk read Items 8 — 12. PLANNING AND DEVELOPMENT Grouped Issue Items (8 —12) 8. ORDINANCE - Deferred to Reconvened Meeting on June 27, 2006 - LU- 06 -18 -03 — To amend the Land Use Plan (16,222) in the Ellis Mountain District from Multi- Family to Mixed Office Commercial; and for other purposes. Planning Commission: 6 ayes, 0 nays, 5 absent. Synopsis: Land Use Plan Amendment in the Ellis Mountain District from Multi- Family to Mixed Office Commercial, south of Kanis Road, Chenal Parkway intersection, west of Kirk Road. 9. ORDINANCE - Deferred to Reconvened Meeting on June 27, 2006 - Z- 5617 -A - Approving a Planned Zoning Development and establishing a Planned Commercial District titled Shackleford Farms 30.8 Acres Long -Form PCD, located on the southeast corner of Chenal Parkway and Kanis Road; amending the official zoning map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 6 ayes, 0 nays, 5 absent. Staff recommends approval. Synopsis: The applicant is proposing a rezoning of this site from various zoning classifications to PCD to provide a conceptual plan to establish uses for the property. 10. ORDINANCE - Deferred to Reconvened Meeting on June 27, 2006 - LU06 -19 -01 — To amend the Land Use Plan (16,222) in the Chenal Planning District from Office, Neighborhood Commercial and Low Density Residential to Mixed Office Commercial; and for other matters. Planning Commission: 6 ayes, 0 nays, 5 absent. Staff recommends approval. Synopsis: Land Use Plan Amendment in the Chenal District from Office, Neighborhood Commercial and Low Density Residential to Mixed Office Commercial, either side of Wellington Hills Boulevard, east of Kirk Road. Little Rock Board of Directors Meeting — Minutes — June 20, 2006 11. ORDINANCE - Deferred to Reconvened Meeting on June 27, 2006 - Z- 4807 -F — Approving a Planned Zoning Development and establishing a Planned Office District titled Shackleford Farms Long -Form POD, located north of Wellington Hills Road, west of The Villages of Wellington Subdivision, Little Rock, Arkansas; amending the official zoning map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 6 ayes, 0 nays, 5 absent. Staff recommends approval. Synopsis: The applicant is proposing a rezoning of this site from various zoning classifications to POD to provide a conceptual plan to establish uses for the property. 12. ORDINANCE - Deferred to Reconvened Meeting on June 27, 2006 - Z- 4807 -G — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Shackleford Farms Long -Form PCD, located south of Wellington Hills Road, east of Kirk Road, Little Rock, Arkansas, amending the official zoning map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 6 ayes, 0 nays, 5 absent. Staff recommends approval. Synopsis: The applicant is proposing a rezoning of this site from various zoning classifications to PCD to provide a conceptual plan to establish uses for the property. Director Adcock, seconded by Director Hinton, made a motion to suspend the rules and place the ordinances on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinances were read the second time. Director Keck made a motion, seconded by Director Kumpuris, to add a resolution to rename the War Memorial Fitness Center to the Dalton James Dailey Family Fitness and Aquatic Center. By unanimous voice vote of the Board members present, being two - thirds in number, the resolution was accepted. RESOLUTION NO. 12,304 - A RESOLUTION TO NAME THE DALTON JAMES DAILEY FAMILY FITNESS AND AQUATIC CENTER; AND FOR OTHER PURPOSES. WHEREAS, on January 1, 1995, Dalton James Dailey was sworn in as the first popularly - elected Mayor of the City of Little Rock in over 38 years, and WHEREAS, prior to his mayoral term, Dailey had served as a member of the Little Rock Board of Directors since January of 1989, and WHEREAS, the City built the War Memorial Fitness Center in 1992 and over the years its annual participation has risen to over 160,000, and WHEREAS, Mayor Jim Dailey was instrumental in supporting the 1988 bond issue that built the War Memorial Fitness Center, and WHEREAS, under his political leadership, Dailey has supported numerous initiatives to promote personal and community health, and WHEREAS, Mayor Jim Dailey utilizes the War Memorial Fitness Center on a regular basis and with his input and guidance staff is able to ensure a user - friendly operation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. From and after July 1, 2006, the War Memorial Fitness Center shall be officially known as the Dalton James Dailey Family Fitness and Aquatic Center. 7 Little Rock Board of Directors Meeting — Minutes — June 20, 2006 Section 2. The City Manager is directed to arrange for appropriate signage for the facility, and to assure that references in City publications properly identify the facility. Section 3. In naming this facility after Mayor Jim Dailey, the Board of Directors of the City of Little Rock, Arkansas, wishes to formally recognize him for his work in the creation and development of the facility, and also for his dedication to the community as demonstrated by his service as Mayor and as a member of the Board of Directors, past President of the Arkansas Municipal League, a member of the Board of Directors for the Little Rock Regional Chamber of Commerce, Metroplan, LOPFI, New Futures, the NLC Board of Directors, the Municipalities in Transition on Public Finance, Chair of the Intergovernmental Advisory Committee for the FCC and his past service as Vice -Chair of the National League of Cities (NLC) Steering Committee on Information, Technology, and Communications. ATTEST: Nancy Wood, City Clerk APPROVED: Barbara Graves, Vice - Mayor; Johnnie Pugh, Ward l; Willie Hinton, Ward 2; Stacy Hurst, Ward 3; Brad Cazort, Ward 4; Michael Keck, Ward 5; Genevieve Stewart, Ward 6; B.J. Wyrick, Ward 7; Dean Kumpuris, At -Large Position 8; Joan Adcock, At -Large Position 10. Mayor Dailey rejoined the meeting for an announcement about the renaming of the Fitness Center. He thanked the Board for the honor and excused himself from the meeting for the discussion of Items 8 -12. The Board returned to discussion on Items 8 -12. Director Keck noted that the applicant had sent a letter to the Board, and asked staff to make comments as to their position on the offer. Tom Carpenter, City Attorney, stated that there should be some careful wording of the ordinances to protect the City from paying for improvements on behalf of a private developer in the event that there are changed circumstances. Director Wyrick requested that the developer address the Board as to their intent. Mark Wright, Development Consultants, explained that the intent of the developer was that if their approvals were granted at this time, and then new standards were added along the Parkway at a later date, before construction began, that they would build in compliance with the new standards. He also presented the Board with some documents of their proposed language for the ordinances that may be satisfactory to the City Attorney. Director Kumpuris commented that he did not want to pass on a liability to future Boards. Vice Mayor Graves granted 20 minutes per side in approval and opposition of Items 8 -12. Robert Brown, engineer from Development Consultants, spoke on behalf of Wisenhunt Investments. Mr. Brown outlined the details of each of the five applications for Item 8 -12. Mr. Brown was followed by Doug Robinson, who stated that he thought the development was well planned and asked that it be approved. Mike Robinson, Stewardship Pastor for Fellowship Bible Church, spoke in favor of the project. He reminded the Board that timing was important to the church and that their foundation needed to be laid by October; maintaining that any further delays would expensive and detrimental to the church's plan. Little Rock Board of Directors Meeting — Minutes — June 20, 2006 Sam Bates, resident of the Bascom Place /Chenal property area, expressed his desire to have the applications approved. He asked for a favorable voting sighting that the development was a positive improvement to the community and the City's infrastructure. Hank Kelly, developer, identified himself as one of the members of the team that helped the church locate a new site. He added that the new development would help with the existing traffic flow issues and that the members of the church wanted input in future developments in the area. Tim Lundy, Teaching Pastor for Fellowship Bible Church, expressed his desire to have the project move forward because it was linked to the already approved church development. He thanked the Board for their support and reiterated to them that the church would lose money with any further delays. Steve Schexnayder, resident of the St. Charles neighborhood, supported the project; adding that it would be a great improvement to the infrastructure and it would add to the safety of citizens who traveled the area. Keith Woodruff, resident of the Lamar subdivision, stated that the development was good for the neighborhood as well as the people who worked in the area. He asked for the Board's support on Items 8 -12. Bill Spivey, representing Deltic Timber Corporation, Chenal Valley Municipal Property Owners Multipurpose Improvement District No. 4, and Chenal Valley Municipal Property Owners Multipurpose Improvement District No. 10, spoke in opposition of Items 8 -12. He asked the Board to move slowly and reflectively on making a decision on these applications. He stated that the developers offer was encouraging, but asked "what does it mean" and "how does it work." He added that the project would add one half million square feet of office space to the inventory of undeveloped West Little Rock property. He stated that there needs to be a comprehensive plan for addressing the need of improved traffic control because the development would compound the traffic problems. He concluded by stating that he was trying to prevent the loss of the utility and scenic character of the Parkway and Rahling Road and asked for the Board to move slowly and make good decisions regarding the applications. The Board recessed at 7:55 PM and reconvened at 8:20 PM. Bruce Moore, City Manager, reported to the Board that staff was prepared to review the information and make recommendations to the Board that could be acted upon at a reconvened meeting on June 27, 2006. Director Keck requested a presentation from staff. Tony Bozynski, Planning Director, made comments in regard to the developer's letter; sighting that the two conditions came close to addressing the concerns of the Board and staff. He stated that staff needed more time to review the information. 0 Little Rock Board of Directors Meeting — Minutes — June 20, 2006 The Board asked questions regarding the process for approving the final planned development, the method by which the dirt would be excavated, and the use of temporary signals and hours of operation. Director Kumpuris asked questions of Ernie Peters regarding the traffic study he had conducted in the area. Mr. Peters stated that his former traffic study assumed that the area in question would be 30% office usage and 20% commercial usage and that the latest study only assumed 30% office usage, which attributed to the decrease in the numbers. He added that traffic being diverted to Rahling Road was also a factor; sighting the increase of its usage from 8,800 presently to 14,000 in ten (10) years. He added that the Wisenhunt developments on Kirk Road and Wellington make the network more complete. Richard Downing, on behalf of the applicant, requested that that Mr. Peters report be made a part of the record. Director Kumpuris requested a new traffic study with maximum potential figures plugged into each of the categories studied. Director Keck requested that language be put together for a vote by the Board on June 27, 2006. Items 8 — 12 were held on second reading until they could be addressed at the reconvened meeting scheduled for June 27, 2006. SEPARATE ITEMS (13 —15) 13. ORDINANCE 19,554 - LU06 -15 -01 - To amend the Land Use Plan (16,222) in the Geyer Springs West District from Multi - Family to Single- Family, located along Preston Drive and Atkins Drive. Planning Commission: 7 ayes, 0 nays, 4 absent. Staff recommends approval. Synopsis: A Land Use Plan Amendment in the Geyer Springs West District from Multi - Family to Single - Family along Preston and Atkins Drive. 14. ORDINANCE 19,555 - Z- 8040 — 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: 7 ayes, 0 nays, 4 absent. Staff recommends approval. Synopsis: The owners of the 7.88 acre property located along Preston Drive, Adkins Street, Acorn Place and Cameron Street (east of Chicot Road) are requesting that the zoning be reclassified from R -5 to R -3. 15. ORDINANCE 19,556 - Z -8044 — 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: 7 ayes, 0 nays, 4 absent. Staff recommends approval. Synopsis: The owner of the 3.643 acre property located at 8120 Stagecoach Road is requesting that the zoning be reclassified from R -2 to C -3. 10 Little Rock Board of Directors Meeting — Minutes — June 20, 2006 Mayor Dailey rejoined the meeting and opened the public hearing for Items 16 and 17. 16. PUBLIC HEARING & ORDINANCE - Sent back to Planning - Z -8006 — Approving a Planned Zoning Development and establishing a Planned Office District titled Atkins Short - Form PD -O, located at 100 Santa Fe Trail, Little Rock, Arkansas; amending the official zoning map of the City of Little Rock, Arkansas; and other purposes. Planning Commission: 2 ayes, 8 nays, I absent. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a rezoning request to rezone this site from R -2 to PD -O zoning to allow an office to locate on the site. 17. PUBLIC HEARING & ORDINANCE - Sent back to Planning - LU- 06 -02 -01 — To amend the Land Use Plan (16,222) in the Rodney Parham Planning District from Single- Family to Suburban Office; and for other matters. Planning Commission: 0 ayes, 10 nays, I absent. Staff recommends denial. Synopsis: A Land Use Plan Amendment in the Rodney Parham Planning District from Single - Family to Suburban Office, located at the northwest corner of Markham Street and Santa Fe Trail. Paul Atkins, applicant, stated that he wanted to amend his original application. He explained that he originally planned to enclose a carport and use a portion of the City right -of -way for parking. He proposed to amend his application to reflect leaving the carport open and the City right -of- way clear, leaving him four (4) parking spots. Director Keck, seconded by Director Cazort, made a motion to send Items 16 and 17 back to the Planning Commission. By unanimous voice vote of the Board members present, being two - thirds in number, Items 16 and 17 were sent back to the Planning Commission. 18. PUBLIC HEARING & RESOLUTION — Withdrawn - Z -8021 — To rescind the Little Rock Planning Commission's action in denying a Conditional Use Permit to allow a correctional facility to be located on the I -3 zoned property at 3215 Brown Street. Planning Commission: 5 ayes, 4 nays, 2 absent. Staff recommends approval with conditions. Synopsis: The applicant is appealing the Planning Commission's action in denying a Conditional Use Permit to allow Firetree, Ltd. to operate a Correctional Facility at 3215 Brown Street. CITIZENS COMMUNICATIONS Gene Pfeifer spoke to the Board regarding his feelings toward the Little Rock Waste Water Management leadership. He stated that he felt like the City had suffered under the supervision of Reggie Corbitt. He expressed his disappointment in the Sanitary Sewer Committee for renewing Mr. Corbitt's contract for seven (7) years at $156,000 per year and Mr. Don Hamilton's, their attorney, for three (3) at $125,000 per year. Director Adcock asked about the contracts that were granted to Mr. Corbitt and Mr. Hamilton. She also asked about the cost of the new offices that Waste Water has built on Shackleford. The City Attorney commented that he did not like the contracts for two (2) reasons; 1) that he didn't feel like the Sanitary Sewer could bind the City Board on an employment contract and 2) that he felt like it may give Mr. Corbitt and Mr. Hamilton an expectation that they are entitled to full payment of the contract in the event 11 Little Rock Board of Directors Meeting — Minutes — June 20, 2006 that a severance occurs before the time periods are expired. Director Kumpuris and Cazort asked questions about the discharge of affluent above the water supply. The City Manager reminded the Board that Mr. Corbitt would be making a presentation to them at their workshop on June 27, 2006. The Mayor asked the City Manager to add the topic of the Curran Hall lease to their discussion items for their June 27, 2006 reconvened meeting. The City Manager asked for clarification as to whether action would be taken on the item and the Mayor noted that he would like for there to be a resolution that could be voted upon. Director Adcock wanted to make sure that the public was aware of the discussion. The Board had a discussion about how their meeting would be ordered for June 27, 2006. It was decided that there would be an agenda session at 4:00 PM which would set the agenda for July 11, 2006. This time would also be devoted to the Wastewater discussion, public safety briefing, and the AT &T discussion. At 6:00 PM the reconvened meeting for the Wisenhunt applications would begin. Director Keck, seconded by Director Adcock, moved to go into executive session to discuss some personnel issues and make some Commission appointments. The meeting was called back to order. Director Adcock, seconded by Director Cazort, moved to reappoint Grover Evans and Chris Porter to the Community Housing Advisory Board and to expand the Commission. By unanimous voice vote of the Board members present, being two - thirds in number, the appointments were adopted. (RESOLUTION 12,305) Mayor Dailey also announced that there was discussion in the executive session regarding the City Attorney. There being no action taken as a result of the discussion, he stated that he would follow up with the City Attorney at a later date. Director Cazort requested that the City Attorney draft a board action to repeal the section of the Zoo Board of Governors creation ordinance mandating a two (2) term limit. The City Attorney added that the resolution limiting all City Boards and Commissions should also be amended to remove the two (2) term limit. Director Keck, seconded by Vice Mayor Graves, made a motion to recess the meeting until June 27, 2006. By unanimous voice vote of the Board members present, being two- thirds in number, the meeting was recessed at 9:20 PM. PASSED: July 31, 2006 ATTEST: —// /// / "- e /j, � �//� Nane Wood CMC City tlerk APPROVED: Ji D iley M � r 12