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06-26-07Little Rock Board of Directors Reconvened Meeting —Minutes —June 26, 2007 MINUTES BOARD OF DIRECTORS RECONVENED MEETING City Hall — 500 W. Markham June 26, 2007 - 4:00 PM The Board of Directors of the City of Little Rock, Arkansas met in a reconvened session with Mayor Stodola presiding. Assistant City Clerk, Nataki Blocker, called the roll with the following directors present: Hendrix, Richardson, Cazort, Keck, Wright, Wyrick, Kumpuris, Adcock, and Vice Mayor Hurst, and Mayor Stodola. Director Fortson was absent. A motion was made by Director Hendrix, seconded by Director Hurst to move Item 7 (Cycle Breakers) to the top of the agenda. A roll call vote was taken and recorded as follows: Director Hendrix, Richardson, Adcock voted yes, Directors Cazort, Keck, Wright, Wyrick, Kumpuris, Vice Mayor Hurst, Mayor Stodola voted no. Director Fortson was absent. The motion failed. 1. RESOLUTION NO. 12,537 - To authorize the sale of certain real property located in the Little Rock Port Industrial Park; authorizing the Mayor and City Clerk to execute a warranty deed for the conveyance; and for other purposes. Staff recommends approval. Synopsis: The resolution permits the sale of certain Port Industrial Park Property to Bear Creek Leasing Company, Inc., on behalf of Boyd Metals of Little Rock, Inc., for $400,000. The resolution was read. A motion was made by Director Keck, seconded by Director Cazort to adopt the resolution. By unanimous voice vote of the Board Members present, the resolution was adopted. 2. RESOLUTION NO. 12,538 - To set July 10, 2007, as the date for a public hearing on the issuance of Taxable Industrial Development Revenue Bonds by the City of Little Rock, Arkansas, for the purpose of assisting in the financing of industrial facilities. The resolution was read. A motion was made by Director Adcock, seconded by Director Cazort to adopt the resolution. By unanimous voice vote of the Board Members present, the resolution was adopted. 3. RESOLUTION NO. 12539 - To authorize the City Manager to execute an extension of the contract with Risk Management Resources to provide third party administrative services to the Workers' Compensation program for a one -year period effective July 1, 2007. Staff recommends approval. Staff recommends approval. Synopsis: The incumbent provider of Third Party Administrator services for the City's self - funded Workers' Compensation Program has proposed renewing that contract for one (1) year effective July 1, 2007, at no increase in cost. A motion was made by Director Adcock, seconded by Director Cazort to adopt the resolution. By unanimous voice vote of the Board Members present, the resolution was adopted. 1 Little Rock Board of Directors Reconvened Meeting — Minutes — June 26, 2007 4. RESOLUTION NO. 12,540 - To authorize the City Manager to extend the existing policy with Midwest Employers Casualty Company for Workers' Compensation stop loss coverage for a 12 -month period effective July 1, 2007. Staff recommends approval. Synopsis: The State Workers' Compensation Commission requires self - funded Workers' Compensation programs to purchase stop loss coverage to help manage risks of certain claims. The incumbent provider has proposed renewal of the existing policy at the current premium rate. A motion was made by Director Adcock, seconded by Director Cazort to adopt the resolution. By unanimous voice vote of the Board Members present, the resolution was adopted. 5. ORDINANCE NO. (Failed to Pass) Z- 7622 -B — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Bale Chevrolet Revised Short-Form PCD, located on the southwest corner of Chenal Parkway and Wellington Hills Road, Little Rock, Arkansas; providing for the revocation of the Planned Commercial District and restoring the current zoning in five (5) years; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 6 ayes, 0 Nays, 4 absent. Staff recommends approval. Synopsis: The applicant is seeking a rezoning of the site to allow the channeling of the existing drainage way located along the eastern perimeter of the site. The ordinance was read the first time. Director Adcock made a motion; seconded by seconded by Director Cazort to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read the seconded time. Director Adcock made a motion; seconded by Director Cazort 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 the third time. Citizens opposed to the development were: Ken Smith, Johnnie Chamberlin, and, Kevin Pierson, representing the Audubon Society; Ruth Bell represented the Pulaski County League of Women Voters. The representatives of the Audubon Society were concerned with issues at Rock Creek, such as water quality, stability of the waterbed, concerns of sedimentation, runoff problems, and water velocity, erosion problems that a project of this nature would bring, and felt this was serious. They brought up the city code concerning flooding, clarity of the water, turbidity, and stated these were things in the city code that the city is supposed to be doing already. Increase in water levels and velocity can cause damage to the area. EPA is paying attention to this kind of development and their effect. This section of Rock Creek is the only channel left as natural habitat. If this development is done, the natural habitat will be destroyed. They asked the Board to place a greater value on the protection of this than on the development. The Audubon representatives entertained questions from the Board Members regarding water testing of quality of storm water, and federal regulations that monitor the watershed, and penalties the city might face. Mr. Carpenter stated that if the city is found in violation, they could face paying monetary costs, as well as cleanup costs. Mr. Harrelson, Public Works Director, stated he would not argue with any of the statements the Audubon representatives have made, but would like to make some clarifications. In his view, they are trying to enhance the ordinances the city has now. 2 Little Rock Board of Directors Reconvened Meeting — Minutes — June 26, 2007 He said the City ordinance was entered into voluntarily, so that FEMA would allow insurance to be purchased in the Flood Plain. Without the ordinance, flood insurance would not be available to the citizens. This area is in the floodway. Mr. Harrelson stated that many permits, and statutes, would have to be adhered to and submitted for this project even if this Board approves it tonight. Mr. Harrelson stated they knew this would be a sensitive project, and for that reason, had involved the Little Rock Parks Department. There are conditions in the ordinance that Mr. Chamberlain cited that have not been met. He did not think it violated the Flood Damage Prevention Act. Mr. Harrelson stated he was not advocating, but making the Board aware that there have been channels done in the past. Mr. Harrelson overviewed the number and types of permits the developer would have to get in order for this to move forward. The applicant, Robert Brown, Development Consultants, Inc., representing the owner, Pat Kinneman, speaking in favor of the development, indicated they did survey work, and studies regarding doing fill work on the property. His firm verified this project can be done without changing the velocities or the elevations of the streambed. He said they met with Audubon and Planning last week, and laid their cards on the table of what they have done. They have gone through the process to the Planning Commission, and had gotten approval. He said they have received comments, addressed comments, and have done all that has been asked. He said they would proceed with applying for the permits if approved, that they would need to comply with. Tom Larson, hydraulic engineer, spoke in support of the project and answered question from Board Members. Mr. Kinneman stated he bought the property in 1978. He stated when the sewer line came through; trees and brush were removed, but over time has grown back. He said they are donating property on the east side of the creek to the city, which will be an addition to the creek itself. He said the property is leased to Bale Chevrolet until 2010 to store cars due to their unloading problems on Chenal. He said this application would create more property for use in the future. He said they are asking for a modification to use fill dirt in the C -3 areas to allow those lines to move accordingly. Mr. Larson stated they did not think the height would change but there would be a slight increase in velocity. Director Adcock asked if the land is accepted, who pays. Mr. Carpenter, City Attorney, said the City would. Director Adcock asked if land had to be accepted when offered. Mr. Carpenter stated the city did not, if the risk of any major remediation is present. She asked how much more saleable land the applicant would get if this is approved. Mr. Brown stated he thought it would be a little over an acre. Director Wyrick stated that taking into account all the issues brought up by Audubon, and all the relief that has been brought up by the applicant, asked if staff still recommended this, and if there was a concern on behalf of the city if this was approved. Mr. Bozynski stated staff felt that with the changes the applicant has made, they were still in support. Mayor Stodola said it seems that the recommendations that the federal permits are required first would give much more comfort to the Board, and liability issues that might be impacted by this decision. The applicant said they have no issues of the conditions of those approvals being necessary with those application, but could not go forward with all these processes, and then come back to the city and they not be approved. He said basically without the approvals, they would have no project. Ruth Bell, Pulaski County League of Women Voters, state they feel this may clear the problem where they are doing the fill but makes more problems down stream that the city and other people would then have to take care of... Mr. Moore asked if the applicant agreed he would like to take a little more time with staff and, come back next week. Director Hurst said she has a problem approving this just because the fill dirt is available now. Director Wyrick said she was not comfortable without knowing this has full staff support. Mayor Stodola stated, in the write -up, the federal regulations deal with the floodway. R1 Little Rock Board of Directors Reconvened Meeting — Minutes — June 26, 2007 Mr. Bozynski, Planning Director, stated this project did not involve development at this point. He said that when this was brought to the Board originally there was going to be additional development on the property. Mr. Bozynski stated that all is being proposed in this application is to reduced channeling of the creek to reduce the floodway and flood plain. Director Hendrix suggested there not be a vote on this tonight. Direct Cazort indicated this has been thoroughly discussed tonight, and did not see any point in putting it off another week, and that his motion was to call the question. Director Richardson seconded the motion. All were in favor of accepting the motion, except Director Hendrix who voted no. Mayor Stodola ruled that the ayes had the vote, and asked the Clerk to call the roll. There was a question as to what the Board was voting on. Mayor Stodola stated there was a motion to call the question, it was seconded, and he ruled that the question was properly called, and now he was calling for the vote on the ordinance. The roll was called and recorded as follow: Wright, no, Kumpuris, no, Wyrick, abstained, Adcock, no, Hendrix no, Richardson, no, Keck, abstained, Hurst, no, Mayor Stodola, no. The ordinance failed. Director Keck and Wyrick stated they abstained because they felt they needed more information. The ordinance failed. 6. ORDINANCE NO. (Failed to Pass) LU06 -19 -07 - To appeal the Planning Commission's denial of the Land Use Plan Amendment in the Chenal District from Single - Family to Neighborhood Commercial. Planning Commission: 5 ayes, 4 nays, 2 absent. Staff recommends denial. (Deferred from May 15, 2007) (3rd Reading held on June 19, 2007). Synopsis: Changing an area on either side of Kanis Road, east of Denny Road from Single - Family to Neighborhood Commercial. Mayor Stodola announced that this item was deferred from the June 19, 2007 meeting, and the third reading has been held. A motion was made by Director Adcock, seconded by Director Richardson, to recess for five minutes. Mayor Stodola recessed the meeting. Mayor Stodola called the meeting back in session. Director Kumpuris had some big worries about putting any more commercial in this area. Mr. Walter Murray stated the exiting use in the area is currently commercial, and cited some of the commercial businesses in the area, and didn't see any reason not to vote for the application. Ruth Bell, Pulaski County League of Women Voters, spoke in opposition saying that almost a year ago the Board asked the Planning Commission and staff to make sure the planning of the area would work against the possibility of stripping out Kanis Road. She asked the Board to support this action, and vote against the appeal. Mayor Stodola called for a roll call vote which was recorded as follows: Wright, yes, Wyrick no, Kumpuris, no, Adcock, no, Hendrix, yes, Richardson, no, Cazort, yes, Keck, novice Mayor Hurst no, Mayor Stodola, yes. . The ordinance failed to pass. 7. PUBLIC HEARING AND ORDINANCE (Failed to Pass) Z- 8132 -A — To appeal the Planning Commission's recommendation of denial of a rezoning of 4.55 acres of property located at 800 Apperson Street. (Cycle Breakers, Inc.) Planning Commission: 4 ayes, 6 nays, 1 absent. Staff recommends denial. Synopsis: Cycle Breakers, Inc., owner of 4.55 acres of property located at 800 Apperson Street, is appealing the Planning Commission's denial of a rezoning of the property from R -3 to 0 -2. El Little Rock Board of Directors Reconvened Meeting —Minutes —June 26, 2007 Director Hendrix stated she had some information to be presented at the proper time during the meeting. Director Wyrick asked what this application is, and how it is different from the one that came before the Board before. Mr. Tony Bozynski, Planning Director, stated the issue is a request on an appeal to reclassify this property from R -3 to 0-2. This is an 0-2 rezoning request. He said if approved, this would require site plan review and would have to go back to the Planning Commission for review of the site plan. He indicated there had been a long discussion at the Planning Commission meeting and they voted to deny the request. He stated that staff did not support the application because they did not feel it was an appropriate location to introduce 0-2 office zoning and it was not a compatible zoning pattern. He announced that the applicant did amend the application to limit the use of the property. Mayor Stodola opened the public hearing and asked the clerk for the first reading of the ordinance. The ordinance was read the first time. The applicant's attorney, Mark Leverett, made a presentation on behalf of the applicant. He stated he wished to hand out an amendment the applicant wished to make that would not allow sex offenders to participate in any of the meetings or programs that it sponsors at this property. Mr. Leverett said the felt the 0-2 zoning was appropriate because the building used to be a school. The building is surrounded by non - residential zoning in the area. Cycle Breakers (the applicant) would have no more impact than the other businesses as far as the uses that are permitted presently. He reviewed the uses Cycle Breakers proposed for the building which included their headquarters, a program called Gifted, and a program called Branches. These programs can be attended by anyone not just probationers. He said they have made concessions throughout the entire process and wanted to provide intervention and treatment to families not just individuals. He indicated they were seeking to secure a grant for a program to strengthen marriages and fatherhood initiatives. He said the proposed uses are not much different than the alternative school that was at this location before, and was more beneficial. He felt the rezoning would be beneficial to the community, and cited the possibility of vandalism or break -ins if the building were left vacant. He said they had held meetings at many locations near schools and have had no incidents. It is an exemplary program and asked the board for support. The Board asked questions regarding the number of sex offenders they have in the program, and under this amendment would they be allowed to participate. Judge Will Proctor, answered that the proposed amendment would be part of Cycle Breakers Office Policy. Mayor Stodola asked if the uses would the same as the application that came before the Board before. Mr. Leverett said the uses would be more community involved. Mayor Stodola asked about parking. Mr. Leverett said they would park on the grassy area. Mr. Bozynski stated some kind of hard surface would need to be applied for parking uses. Mayor Stodola asked if this had come up at the Planning Commission and Mr. Bozynski stated it had not. Judge Proctor countered that the city does allow parking in some grassy areas such as war memorial stadium for ball games. Mr. Leverett indicated that the neighborhood had asked Cycle Breakers not to pave or hard surface the areas, because the community uses the area for different events. On a regular basis they will have a meeting each evening from about 6:30 PM to 8:00 PM and offer GED classes during the day time, and would have anger management and domestic violence prevention programs. Director Richardson asked what the average age of their participants would be. Judge Proctor answered the average was approximately 25 years of age, with more male participants than female. Security issues were addressed. Shalisa Cowles, spoke in favor of the program and said she understood the concerns of the parents from the school. She said she has been in the program two years, and felt comfortable enough to bring her daughter in. 6� Little Rock Board of Directors Reconvened Meeting — Minutes — June 26, 2007 Mr. Chris Porter was supportive of Cycle Breakers, partly because they take care of the property; that since they had left his property, several incidents with the property; break -ins have occurred since it has been vacant. He thought the program afforded educational opportunities that some of the participants might not otherwise have. Cheryl Warden addressed some of the programs they offer and thought this program would be beneficial to the community, and especially to the youth. She said she attended one of the mandatory meetings, and it was beautifully controlled, and there were no incidents. The citizens in opposition were Brenda Smith who state she had lived in this neighborhood all her life. She said maybe there has been crime, but she was not aware of it. She said her children were straight A students and to have to expose them to these type of element, was not something she wanted in the neighborhood. She said as a parent, you want the best environment for them. Onzell Wright said the program is wonderful but they are just not in the right location. He was especially concerned about the elderly and the children's safety. He said if the program went in, he would support, it but would prefer that it not be in his mother's front yard. Gregory Simmons said he had two children and nephews in the neighborhood, and was concerned for their safety. . He asked the Board if they could guarantee that the children would be safe walking back and forth to school. He was not opposed to the program, but his concern was his kids. Linee Ophof, representing the East Neighborhood Association, handed out a copy of the April 26th Planning Commission Meeting, a packet of forty -nine signatures that said "no ", to the rezoning, and copies of the December7th Planning Commission Meeting, and Carver School Statistics in regard to the school, and noted people from the neighbor who attended the meetings and who were opposed. She said people from the community are saying no. She asked the community to stand and be recognized. Mayor Stodola recognized the standing citizens. Barbara Cockrell, parent of two Carver School students said she had contacted Ms. Carla Burnett, Pulaski County Attorney, who told them no central lists or records exit reflecting the total number of probationers referred or the recidivism rate or success of the Cycle Breakers program. Laura Beth Hartz cited some of the offenses the probationers in his program have committed. She stated she could not find where anyone was licensed to teach in this program. She asked who is actually teaching these classes and what are they being taught? Many of these people have "addictions" and there is no cure. They have to be provided with teachers and mentors in how to live life. She asked how many of these people would be in this program were it not court ordered? She questioned the security of the community center, the school and the surrounding homes. Nothing may ever happen, but if it does, the children and elderly are at risk. She asked the Board to vote against the rezoning. Kim Meldrum, had several concerns that location, not people should be put at risk. She said Gwatney Chevrolet on University Avenue is for sale. These are probationers, in a second chance program. Some will not take the second chance, and will commit another crime. This application does not fit with the neighborhood. A unified site plan must be provided if this is approved, and if it is, she stated she would be back. She asked was it appropriate to put a program with alcoholics, narcotic abusers, and psychiatric patients in a neighborhood which is primarily a residential neighborhood, with a school. This zoning would open up the neighborhood to all kinds of projects that could negatively affect the neighborhood. She stated traffic is a major issue, and cited statistics for the immediate area. Fred Cross stated his daughter is eight years old and attends Carver, and his role as a parent is to prevent her from being an endangered child. He said this is an excellent program, but the rate of reoccurrence of crime of the probationers according to statistics is too high to put the children at risk. on Little Rock Board of Directors Reconvened Meeting —Minutes —June 26, 2007 Michele Easter, PTA President at Carver Elementary, stated that Judge Proctor and Mark Leverett have stated they do not have an affiliation with Cycle Breakers, and cannot make promises for them. They expect to have 60 to 80 people coming and going directly past the school. She stated that Pulaski County has told them they do not have any oversight over the program, and there is no official oversight over the program. She said that Cycle Breakers has been unwilling to share information about their program, that a lawsuit ahs been filed to find out how the program is run and how their finances are managed. She said she found it interesting that Cycle Breakers had offered an amendment tonight, as Judge Proctor had told them at meeting in which the media was present, there is no way he would exclude any of the sex offenders, yet tonight they were offering an amendment which the neighborhood or school representatives had not had a chance to see if there was any validity to it. She asked the Board to vote against the rezoning. Director Hendrix indicated she would share the information she had dated she had, earlier in the meeting, which was crime stats from 2003 to 2006. She stated there have been no incidents where children had been harmed or disrespected when they re in the area of the school. Director Hendrix stated she was not a ward representative at the time of these statistics, and that the report was prepared by the Little Rock Police Department. She presented statistics and maps of the crime stats for the years 2003 — 2006, for viewing by the Board and citizens. Director Richardson asked Judge Proctor to come forward, and explain the reference that was made that there is no data base or no tracing of the probationers. Judge Proctor stated that one of the parents is suing Cycle Breakers, Inc. and before they sued they sent out a request and asked for information, under the Freedom of Information Act. He stated the County is not required to collect or maintain data. He said the County Attorney advised Cycle Breakers if that data is not in any place that is central, they were under no obligation to collect that data and bring it together. He volunteered that as a probation department they do have a data base that manages the probation department, and probationers, and what they use is information they get from the probation department where they keep up with their offenders. He said that a lot of the things being said are personal attacks against him and the program. Not one person could say there have been incidents at any of the meetings. Director Richardson asked Judge Proctor if the program was seeking teacher drug certification. Judge Proctor stated there were two doctors, who specialize in addiction services, at the meeting in Pine Bluff on June 2nd, and they teach the people that train the other people to get their qualifications to be certified. He stated they are not a drug treatment program, they provide prevention and intervention services. Director Kumpuris needed a clarification on the issue of parking. Mr. Tony Bozynski stated the grassy area cannot be used for parking. The applicant would have to come back to the Planning Commission with a parking plan and landscaping and possibly a request for deferral of parking standards. Director Cazort stated he wanted to be clear on what the Board was being asked to vote on tonight. The amendment that was proposed further restricted the applicants from preventing any sex offenders from participating in the meetings, and offered a motion to amend the ordinance to reflect the amendment, Director Adcock seconded the motion. Mr. Carpenter, City Attorney, stated this was not a proper part of a zoning ordinance. The prior ordinance before the Board had an element that would have made this a correctional facility and they would have had to obtain a Special Use Permit, for which that would have been a proper motion. 7 Little Rock Board of Directors Reconvened Meeting — Minutes — June 26, 2007 Since this is a zoning issue, there is nothing in and 0-2 Zoning Classification that talks about sexual offenders, and there is nothing in state law that talks about it and it's strictly a land use question. Director Cazort asked if it would come back as a site plan review. Mr. Carpenter stated it would not. Director Cazort asked then, how could there be assurances that there would be no sex offenders as offered in the proposed amendment. Director Cazort asked how this could be made a stipulation. Mr. Carpenter stated he supposed it could be offered as a resolution that accepted it, but it would not have any enforcement powers because the zoning is 0-2. He offered that what could be done is enforce the conditions they have agreed to for offices, schools and businesses, but other than that it is not apart of the zoning ordinance. Director Cazort asked what conditions they would have to meet under the 0-2 zoning. Mr. Carpenter said they would limit it to the parts of the 0-2 conditions that deal with offices, schools and businesses, counseling services, and group meetings, and business related to the schools. Director Keck stated some of the restrictions were able to be done under a POD, and stated he trusts Judge Proctor and believes this is a good program, but when you look at reclassifications of the property you have to look at all the other tangents to that. If Cycle Breakers decided to sell the property other things could take place that are unintended and that the Board has no knowledge of today, and that is a concern. Mr. Carpenter stated that the motion is inappropriate even with a second. Director Hendrix commented that she hoped Judge Proctor was not considering selling the building, as this would be property where the airport would be moving in that direction. A motion was made by Director Cazort, seconded by Director Adcock to place the ordinance on second reading; by unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read the second time. A motion was made by Director Adcock, seconded by Director Keck to place the ordinance on third reading; by unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read the third time. Mayor Stodola closed the public hearing. Director Richardson asked the City Attorney, as a clarification point, if the City would not have any enforcement authority and nothing in place that would give the City authority to sanction or to prevent sex offenders from entering the program. Mr. Carpenter affirmed that was correct. He said a statement from Cycle Breakers saying they would not have sex offenders in the program is all there is. A roll call vote was taken and recorded as follows: Wright, no, Wyrick, no, Kumpuris, no, Fortson, absent, Adcock, no, Hendrix, yes, Richardson, no, Cazort, yes, Keck, no, Vice Mayor Hurst, no, Mayor Stodola, no. The ordinance failed. Mayor Stodola stated in closing, that he believed this was a very good program, and it was an issue of whether it was in the right location. See Minutes of January 2, 2007, January 16, 2007, January 30, 2007, February 20, 2007, February 27, 2007, and June 5, 2007 for references and discussion on this subject. 8. EXECUTIVE SESSION & RESOLUTION - To make appointments to various Boards and Commissions. Synopsis: Civil Service Commission, Arkansas Arts Center Board of Trustees, Museum of Discovery Board, and Central Arkansas Water (CAW). A motion was made by Director Keck, seconded by Director Richardson to defer Item 8 to July 10, 2007. By unanimous voice vote of the Board members present, the item was deferred. A motion was made by Director Cazort, seconded by Director Hurst to adjourn the reconvened meeting. By unanimous voice vote of the Board Members present, the meeting adjourned at 7:30 PM. E:3 Little Rock Board of Directors Reconvened Meeting — Minutes — June 26, 2007 ATTEST: _ Z42 iii 4Z� -� N cy Wood, CMC City Clerk APPROVED: Mark Stodola Mayor