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HomeMy WebLinkAbout01-16-07Little Rock Board of Directors Meeting — Minutes - January 16, 2007 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham January 16, 2007 - 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Stodola presiding. City Clerk, Nancy Wood called the roll with the following Directors present: Hendrix, Hurst, Cazort, Adcock, Fortson, and Mayor Stodola, Director Kumpuris, Wyrick, Wright, Richardson, Director Keck was absent at roll call but enrolled at 6:15 P.M. Director Wright gave the invocation, which was followed by the Pledge of Allegiance. Mayor Stodola asked the Board to consider the listed Modifications. ADDITION: M -1. RESOLUTION - To authorize the City Manager to enter into an agreement with the Quapaw Quarter Association to operate Curran Hall as a tourist information center; and for other purposes. A motion was made by Director Adcock to add Item M -1 to the agenda; Director Cazort seconded the motion, and by unanimous voice vote of the Board Members present, and the item was added. Mayor Stodola announced he had cards from several persons wishing to address this item, and asked that it be placed after the Consent Agenda. DELETION: 14. PUBLIC HEARING & ORDINANCE - Applicant failed to perfect appeal Z -8091 — Approving a Planned Zoning Development and establishing a Planned Office District titled Flake Short -Form PD -O, located on Norton Road, just south of Cantrell Road, Pulaski County, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 5 ayes, 4 nays, 2 absent. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a rezoning of the site from R -2 to PD-0 to allow the construction of an infant daycare facility on the site. A motion was made by Director Richardson, seconded by Director Cazort, to delete Item 14, and by unanimous voice vote of the Board Members present, the item was deleted. 6. ORDINANCE - Z- 7723 -B — Approving a Planned Zoning Development and establishing a Commercial District titled Treadway's Revised Short-Form PCD located at 1115 Jefferson Street, 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. Staff recommends approval. Synopsis: The applicant is proposing to revise the previously approved PCD for the church located on Lot 2R to eliminate the proposed on -site parking. There are no changes proposed for Lot 1R, which will maintain the previously approved C -3 uses as allowable uses. The required deeds ha not yet been executed. The applicant requested a two week deferral. 1 Little Rock Board of Directors Meeting — Minutes - January 16, 2007 A motion was made by Director Cazort, seconded by Director Richardson to defer the item for two weeks. By unanimous voice vote of the Board Members present the item was deferred. Consent Agenda: Items 1 - 4 1. MOTION - To ratify the Abstract of Votes for the Mayor and City at the General Election held November 7, 2006. 2. MOTION - To approve minutes of the Board of Directors Meetings: November 21, 2006; December 5, 2006; December 19, 2006; Reconvened Meeting, November 28, 2006; Special Meeting, December 28, 2006. 3. RESOLUTION NO. 12,420 - To authorize the City Manager to enter into a contract with Millsap Stone Company, Inc. in an amount not to exceed $70,000 for supply and delivery of native stone for construction of Riverfront Adventure Park. Synopsis: A resolution to authorize the City Manager to enter into a contract with Millsap Stone Company, Inc. in an amount not to exceed $70,000 for supply and delivery of native stone for construction of Riverfront Adventure Park. 4. RESOLUTION NO. 12,421 - To set the date of public hearing for February 6, 2007, on a petition for the formation of City of Little Rock Municipal Property Owner's Multi- Purpose Improvement District No. 2007 -301 (Valley Oaks Court Addition). The Consent Agenda consisting of Items 1- 4 was read. A motion was made by Director Richardson seconded by Director Adcock, to approve the Consent Agenda. By unanimous voice vote of the Board Members present, the Consent Agenda was adopted. Item M -1 was the next consideration. M -1. RESOLUTION NO. 12,419 - To authorize the City Manager to enter into an agreement with the Quapaw Quarter Association to operate Curran Hall as a tourist information center; and for other purposes. Mr. Moore, City Manager, stated that he had met with the Quapaw Quarter Association (QQA), the Convention Bureau, and the City Attorney. The goal is for (QQA) to be operational by February 1St, and felt it was close enough to enter into an agreement. Director Adcock asked what services the Advertising and Promotions Commission (A &P) would continue to provide. Mr. Carpenter answered that there would be a $50,000 payment, brochures, website maintenance, some training for volunteers and paid staff who would be operating the center. There is already signage in place. Director Hendrix asked Mr. Moore what the racial makeup of the Quapaw Quarter Association was, and whether there were representatives from Ward 1. Mayor Stodola called on Mr. Roger Williams, Executive Director of the Quapaw Quarter Association, to answer the question. Mr. Williams answered that they had approximately three hundred members' city wide. Their headquarters is in Ward 1 and they do have members who live in Ward 1, and in Hillcrest. There are twelve members on the (QQA) Board. The racial make up is that they have one Afro - American member, but are always looking for new members. 2 Little Rock Board of Directors Meeting — Minutes - January 16, 2007 Mayor Stodola called on Mr. Robert Lanford, who had filled out a card to speak on the item. Mr. Lanford asked to defer his time to Mr. John Gill. Mayor Stodola allowed the deferral of time. Mr. John Gill,- President of the Little Rock Visitors Foundation stated that they are the folks who raised the funds to make this center available to the visitors and to the City. Mr. Gill stated the Foundation would prefer that the center be run by the tax supported entity that is charged by law to run the center. The law is very clear to say that the taxes collected from restaurants shall be used for among other things, a tourist promotions facility. However, the Visitors Foundation supports this concept of a management contract and does support the resolution. He stated they had not seen the latest draft, and didn't know what this one says. The last one says that the Advertising and Promotions Commission cannot wash its hands of this, and must continue to provide "soft costs ", such as brochures. He said they are not at all sure this will happen. In regards to the brochures, the facility was advised to no longer use the State Parks and Tourism brochures, which are available at that facility for tourists, and felt this was a bad business decision. He stated the "devil is in the details" and they don't know the details. He hoped this agreement incorporates other duties, other than simply paying money to this facility. It is necessary for tourism to be promoted in this community, to have not only the brochures, but the attitude of tourism from the Advertising and Promotions Commission itself. He pointed out that Curran Hall is not the issue; the issue is promoting tourism, and hoped the Board would not only give this input to the Association, but encourage the A &P Commission to emphasize tourism. Director Wyrick asked if Mr. Gill if he supported this agreement. He said they do support it, it's better than what they have now and thought the (QQA) proposal was a good one and would enhance tourism. He said equipment and personnel have been taken out of the facility over the last year, and the emphasis has not been on promoting tourism or this facility itself. He stated according to what they have said in the Request For Qualifications (RFQ), its miles ahead of what is there now. The brochures are a critical part. He said the draft he has seen does not say that all the brochures that had been available in the past would be available in the future. He said they want it to succeed, but it will not succeed if it is not supported by the A & P. Mr. Gill thought all the provisions that were included in the Request for Qualifications should be included in the management agreement. Director Hendrix asked if those things were included in the agreement. Mr. Moore, City Manager, stated the resolution before the Board just authorizes him to enter into an agreement, but that in the past, the RFQ has been attached to the agreement, which says, "These are things we are going to do ". He stated he has not heard anything to indicate that (QQA) was backing away, and it is more a matter of getting it into place and this is the spirit in which they are going to operate. Mr. Gill stated they were not suggesting that the (QQA) was backing away, just that the proposal was tied to the Commission doing certain things, and it was the things the A &P needed to do to make the center successful, that are important. Without the provision and commitments from the A &P, the center would not be successful. Mayor Stodola pointed out that this agreement will be on a year to year basis for three years, and that will give some indication that things or going well or not, and if not, it allows for the opportunity to go back and look at it. A motion was made by Mr. Richardson, seconded by Director Fortson to adopt the resolution. By unanimous voice vote of the Board members present, the resolution was adopted. 3 Little Rock Board of Directors Meeting — Minutes - January 16, 2007 GROUPED ITEMS: (5 —13) 5. ORDINANCE NO. 19,677 - Z- 4969 -D — Approving a Planned Zoning Development and establishing a Planned Residential District titled Spring Tree Village Revised Long -Form PD- R located south of Yarberry Lane and east of Doe Run on Spring Tree Drive, 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. Staff recommends approval. Synopsis: The current request includes the creation of one hundred (100) Single - Family lots contained on 29.34 acres located on the south and east of the previously approved PD -R -area. 6. ORDINANCE - Z- 7723 -B — Approving a Planned Zoning Development and establishing a Commercial District titled Treadway's Revised Short -Form PCD located at 1115 Jefferson Street, 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. Staff recommends approval. Synopsis: The applicant is proposing to revise the previously approved PCD for the church located on Lot 211 to eliminate the proposed on -site parking. There are no changes proposed for Lot 1R, which will maintain the previously approved C -3 uses as allowable uses. The Item was deferred for two weeks at the applicant's request. 7. ORDINANCE NO. 19,679 - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Construction Requirements for Arkansas State Highway 365. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: Authorizes a deferral of street improvements required under the Master Street Plan for five (5) years or until adjacent property is developed as part of the Chahta Yakni Falama Subdivision Site Plan on the west side of Arkansas State Highway 365 located between Sweet Home and Higgins Switch, Arkansas. 8. ORDINANCE NO. 19,680 - LU06 -08 -05 — To amend the Land Use Plan (16,222) in the Central City Planning District located South of Interstate 630, north of Roosevelt Road, west of Interstate 30, east of Dr. Martin Luther King Drive, from Commercial Mixed Use and Single Family to Public Institutional; and for other purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: Land Use Plan amendments in the Central City Planning District from Commercial, Mixed Use and Single - Family to Public Institutional to represent current land use. 9. ORDINANCE NO. 19,681 - Z -8116 — Approving a Planned Zoning Development and establishing a Planned Residential District titled Arbors Development Short -Form PD -R, located on the southeast corner of 15th Street and Cumberland Street, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The proposal is to allow the subdivision of an existing eighty -three (83) foot by one hundred and forty (140) foot lot into three (3) Single- Family residential lots by rezoning the site from R -4 to PD -R. 10. ORDINANCE NO. 19,682 - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Construction Requirements of Kanis Road (Meux Short -Form PCD at 25501 Kanis Road). Planning Commission: 7 ayes, 1 nay, 3 absent. Staff recommends approval. Synopsis: Authorizes a deferral of street improvements required under the Master Street Plan for five (5) years or until adjacent property is developed as part of Meux Short -Form PCD at 25501 Kanis Road. 2 Little Rock Board of Directors Meeting — Minutes - January 16, 2007 11. ORDINANCE NO. 19,683 - Z -8131 — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Meux Short -Form PD -C located at 25501 Kanis Road, Pulaski County, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 7 ayes, 1 nay, 3 absent. Staff recommends approval. Synopsis: The applicant is proposing a rezoning of this site from R -2 to PD -C to allow the addition of a (30 foot by 60 foot) metal building on the site to be used as the office and storage for this plumbing business. 12. ORDINANCE NO. 19,684 - Z- 7948 -A — Approving a Planned Zoning Development and establishing a Planned Office District titled Gillum Photography Revised Short -Form PD -O, located at 1 Portrait Place, Pulaski County, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 6 ayes, 2 nays, 3 absent. Staff recommends approval. Synopsis: The applicant is proposing to amend the previously approved Planned Office Development to allow the placement of a dumpster facility on the site. 13. ORDINANCE NO. 19,685 - Amending Ordinance No. 19,536 of the City of Little Rock, Arkansas, for the purpose of correcting clerical error therein. Staff recommends approval. Synopsis: The ordinance corrects a clerical error in Ordinance Number 19,536 regarding the issuance of bonds for Ringwood Container. The grouped items consisted of Item 5, and Items 7 -13. Item 6 was deferred for a period of two weeks at the applicant's request. The grouped items were read the first time. A motion was made by Director Adcock, second by Director Richardson 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 made the motion, seconded by Director Richardson to suspend the rules and place the ordinances on third and final reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinances were read the third and final time. Director Hendrix stated she was concerned abut the boundaries in Item 8. She asked who requested the change. Mr. Bozynski, Planning Director, stated item was several Land Use Plan Amendments that came out of work they had done in working with the Downtown Neighborhood Association on the Downtown Neighborhood Plan. The concept is that every so many years staff goes back and reviews the plans to make sure they are current, and as part of that review, the Land Use Plan is also looked at. The Central City Planning District was reviewed as part of the Neighborhood Plan. The boundaries are for the Central City area. Director Hendrix asked if it goes south of Roosevelt Road. Director Hendrix asked for an explanation of what staff does in the review of Land Use Plans. Mr. Bozynski stated in this case they reviewed several properties that were shown as something other than what they are really used for. Mayor Stodola asked Mr. Bozynski to prepare an overview of broad concepts on how cities develop, and share that with all the new Board Members. He thought it would help in understanding how these land use plans can be changed, amended, and how they are a reflection of an overall plan the city has for the land to be used. A roll call vote was taken and recorded as follows: Directors Hendrix, Richardson, Keck, Wright, Hurst, Cazort, Fortson, Adcock, Wyrick, Kumpuris, and Mayor Stodola voted yes. By unanimous roll call vote of the Board Members present, the ordinances (Item 5, and Items 7- 13) were passed. 5 Little Rock Board of Directors Meeting — Minutes - January 16, 2007 PUBLIC HEARINGS (Items 14 —16) 14. PUBLIC HEARING & ORDINANCE (Deferred) Z -8091 — Approving a Planned Zoning Development and establishing a Planned Office District titled Flake Short -Form PD -O, located on Norton Road, just south of Cantrell Road, Pulaski County, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 5 ayes, 4 nays, 2 absent. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a rezoning of the site from R -2 to PD-0 to allow the construction of an infant daycare facility on the site. 15. PUBLIC HEARING & ORDINANCE NO. 19,678 - Z -8118 — Approving a Planned Zoning Development and establishing a Planned Commercial District titled 18220 Cantrell Road Short -Form PCD, located at 18220 Cantrell Road, Pulaski County, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 5 ayes, 4 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is appealing the Planning Commission's denial of a rezoning of the site from PCD and R -2, Single - Family to PCD, to allow the development of the site with a strip retail center utilizing C -1 uses as allowable uses for the site. Director Cazort stated he knew someone who was present as a witness regarding this item, and that he had spoken to Mr. Carpenter, City Attorney, as to whether he should recuse. Mr. Carpenter's opinion was that he would not have to recuse on the item, but would need to disclose this information. Mayor Stodola opened the public hearing, and called upon Mr. Tony Bozynski, Planning Director, to give a brief overview of the item. Mr. Bozynski stated this property is west of The Ranch Property on Highway 10. The applicant is requesting to rezone the property from PCD and R -2, Single Family to PCD, to allow the development of the site with a strip retail center utilizing C -1 as allowable uses for the this site. The item was heard by the Planning Commission with a vote of 5 ayes, 4 nays, and 2 absent, and is being appealed to the Board for final action. He stated that staff is in support of the rezoning, and felt the use was appropriate for the land use category, and is similar to what has already been approved in this business node. He said that the intent is not to have strip development. There is a specific site plan for the property, and that commercial nodes are much larger than this development. The following Citizens spoke in opposition to the rezoning. Edward Oglesby, Carol Bullock, Alicia Finch, Paul Wood, Mary Dornhoffer, Patricia Shoemaker (turned in a card in opposition but did not wish to speak). They did not believe this use was appropriate for the area, there were no traffic controls, and traffic backs up daily. They saw no need for this type of development (strip center) in the area. They did not want the area stripped out with commercial development. They believed that this is more of a commercial development. The Maywood property owners said they did not want this encroaching on their neighborhood. There would be no control of ingress and regress. They did not believe this was in keeping, and was inconsistent with the design overlay plan. m Little Rock Board of Directors Meeting — Minutes - January 16, 2007 Those speaking in favor of the development were: Ross Phillips, Connie Wright, and Danny Matson. Their position was that the applicant had improved the area with his other developments, they contended that people that have land on Hwy 10 are for the improvements, that some of the neighborhoods represented here, (Maywood Neighborhood Association) are against everything, and that one of the neighborhoods (Aberdeen) is not in the direct area. They stated that the largest part of the area had already been zoned PCD, and was zoned in 1989 as a business node. This is for C -1 uses. This use would serve the areas needs because it is a growing area. They pointed out that the project will go off of Highway 10 to Northridge and it goes a long way down that road before it turns off to this development and that it would not back up traffic. They said this area is already mostly PCD and already a business node. They want to relocate a restaurant that is already out there, as an anchor to this area. The businesses going in would be beneficial to the neighborhood, there is no demand for office in the area, as it is already overdeveloped for office uses. Mayor Stodola closed the public hearing. The ordinance was read the first time. A motion was made by Director Adcock, seconded by Director Keck, to suspend the rules and place the ordinance on second reading. By unanimous vote of the Board Members present, being two - thirds in number, the rules were suspended and the ordinance was read the second time. A motion was made by Director Adcock, seconded by Director Fortson, to suspend the rules and place the ordinance on third and final reading. By unanimous vote of the Board Members present, being two - thirds in number, the rules were suspended and the ordinance was read the third time. A roll call vote was taken and recorded as follows: Directors Hendrix, Richardson, Wyrick, Keck, Wright, Fortson, Kumpuris, yes. Directors Hurst, Adcock, and Mayor Stodola voted no. The ordinance passed. 16. PUBLIC HEARING & ORDINANCE NO. - Z -8132 — To approve the rezoning of 800 Apperson Street from R -3 to POD to allow the site to be utilized by Cycle Breakers non - profit organization. Planning Commission: 3 ayes, S nays, 3 absent. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a rezoning of the site from R -3 to POD to allow the site to be utilized by Cycle Breakers non - profit organization, with a program designed to fully utilize the period while an individual is under the Court's jurisdiction and supervision, to effect a lasting and permanent change in the lifestyles, behaviors and decision- making abilities of program participants. Mayor Stodola declared the public hearing open. Mayor Stodola asked each speaker to try and keep comments to three minutes. Mr. Tony Bozynski, Planning Director, gave an overview of the project. The applicant was denied the rezoning at the Planning Commission level, and staff is not in support. Mr. Bozynski stated they were concerned about the impact this project would have on this fragile neighborhood, and were concerned about the traffic and parking. He said it is not a good fit for this neighborhood at this time. Mr. Bozynski stated an 0-3, Office District or even a Commercial District might be appropriate for this type of facility, something that might be outside the residential area. Director Adcock asked about the intentions of the Airport in purchasing this property. Director Fortson answered that the airport has called this "area two ", the secondary area of expansion. The airport is currently looking at "area one ". There are no Federal funds available at this time for acquisition, but it is in the long range plans of the airport to purchase the property. There is no specific time frame and no funds at this point and time. 7 Little Rock Board of Directors Meeting — Minutes - January 16, 2007 Director Richardson stated that in the information he received, area one had a one to five year time frame and area two had a five to ten year time frame. Mr. Fortson stated that the airport was looking at area two in more of a five year and beyond time frame. Mayor Stodola asked to hear from the applicant. Mr. Kenny Haskins stated he was the applicant for the project. He overviewed the program, saying the Central Arkansas area has a crime problem and they have implemented prevention and intervention programs to address the problem. Some of the things they try to do in the program for people who have already committed a crime is working with these people to try to make them better citizens in society. This program deals exclusively with probationers. They are not a parole program. Mr. Haskins stated they supervise approximately five hundred people. They have six probation officers in the program, who are certified, and are authorized to carry firearms. They have monthly meetings where a training program is held to provide selected probationers with information on finances, abusive behavior, and other areas to assist them with their development. These meetings are now being held at St. Johns' Baptist Church on Main Street, Abundance Grace Episcopal Church on Young Road, and other locations. The meetings are currently taking place in neighborhoods and there have been no problems. They have had forty -four meetings since September of 2001. He stated that at the Apperson Street location, if approved, and once they get it up and rolling, there would be ten residential probationers at the maximum. The program is monitored, and probationers are screened before they can live in the community. They must work or go to school during the day, and in the evenings they must come to the meetings. If someone relapses, they are picked up and they go to jail. He stated he knew there was some concern in the neighborhood about the probationers walking around. He said they are trying to help with the crime problem in the community and there is no way that anyone associated with this program would put people in jeopardy. He explained that there would not be any children in the program, that the participants would be eighteen and up. Mr. Haskins stated they would eventually have classes, GED classes, technical classes, etc. They will have daily meetings from 6:30 PM to 7:30 PM. Director Richardson asked about the residential component of the program and how it would be staffed. Mr. Haskins answered that they would look for someone who is qualified and would adhere to their philosophy in terms of treatment, dependability and a good back ground of working with the probationers. He said they would not take any probationary person who they knew would be a problem. Typically they would be dealing with people who had some kind of addiction problem. During an average day, there would be approximately seventy people in and out of the facility. The quarterly meetings are held four times a year, and the attendance averages to approximately 500 hundred people. They have monthly meetings where attendance would average about one hundred people. He stated that some clients drive to the facility and some are dropped off. The daily meetings average about twenty to thirty people. Others speaking on behalf of the rezoning to allow the program were Mark Leverett, Judge Willard Proctor, who stated security and safety would be provided; that the residents have raised concerns over what might happen. That in actuality, they have had over six hundred monthly meetings and seventeen quarterly meetings without one incident. The program is run by certified personnel who are concerned about the community around them. They emphasized that this is a great program. The people who would be attending these classes would most often be first time non- violent offenders; thirty to forty percent might be repeat offenders, and they do supervise a few violent offenders. This program is trying to break the cycle of crime so you do not have repeat offenders. The building is now vacant and being vandalized. If it stays vacant it will become crime ridden. There would be law enforcement at the site on a daily basis. Little Rock Board of Directors Meeting — Minutes - January 16, 2007 The very thing this fragile neighborhood needs is a program to help break the cycle of crime. The impact as far as traffic is concerned would not be greater than was there when it was an alternative school. They will have onsite classes to enable probationers to get their GED requirement, which is a part of their probation condition. Right now this is done by referral; this site would allow them to do it at this building. The recidivism rate is approximately seven to eight percent, which is a low number. Judge Will Proctor said he lives one block from a facility such as this, and would not put anything in a community he would not live in himself. He said the only reason he left the east end is that the airport brought them out. They are experienced in doing these programs. He said parking would not be an issue, that they were only talking about four times a year, and have devised a method to break these up into two meetings, and traffic would not be greater than when the community has Christmas, and Easter activities in the community. This location is a perfect marriage for Cycle Breakers, they stated they could not afford to go out and get a three or four million dollar building; if they could this would not even be being discussed. This is a building they can afford, and the timing is perfect. They would be in the area for ten years, get established, establish a good credit record, and be able to go forward. They said they have attended several meetings in the community, and were working to get their support. They want it to e would maintain the building. gP They wanted to have one purchase the building outright, and they central location to take care of all their business, and there are specific programs they can't implement because they don't different locations forltheir stated eetings. The way ay much �r me is effective than renting several through intervention and treatment. Mayor Stodola stated that he had several cards listing speakers who wished to speak in — opposition to the rezoning to allow this program to come into the neighborhood. The speakers in opposition were: Ronnie Jackson, Elijah Shepherd, Tanella Gautherux, Kay Davis, Onzell Wright, Edward Shepherd, DeArthur Jordan. Their opposition included the following issues. There was great concern for the elderly, the low end of their age group being 62 years of age. The church membership is declining due to the airport buyouts, and people are being relocated from the neighborhood. That fact, along with the fear that a probationer would relapse, and the exposure of the probationers to the elderly and the children in the neighborhood, was of great concern to the residents. They asked if the elderly would be just discounted, or if the Board would stand up and represent them, and listen to them when they voice their concerns about his facility in their community. The neighborhood residents said they did appreciate the program, but asked them to build it in another neighborhood. He said the parking cannot accommodate the traffic that will be created by this center. This is a closed in neighborhood and it would have a great impact on the neighbors. They said this is a good program, but on the other side, there are the people who live in the neighborhood that live alone, are elderly and are afraid. They live in close proximity of this site, and it's not whether the probationers would actually commit a crime it is the perceived notion or fear that they will. Sometimes this fear is worse than the crime. These people have stood up against crime, they took a stand as a community and changed the number of crimes committed, and it is not as bad as it once was, and they did not want it to come back. Concerns for the children who attend Carver School were mentioned, and the fact that some of the children have to walk past this location, and that this is an elementary school with a playground and a gym, and the children need protected. The fact E Little Rock Board of Directors Meeting — Minutes - January 16, 2007 was brought up that even though there may be some security at the facility, people sometimes walk off. Criminals walk out of prisons, and this is not as secure as a prison would be. They commented that the Planning Commission had voted no on this, and asked the Board to support that decision. There were questions regarding the type of violent offenders that might be in this program, and the types of security that would be provided. Judge Proctor answered those questions saying that none of the people they would actually sustain on the property are serious offenders. Those people will only come in for mandatory meetings. Some people are intensely supervised and there are generally twenty three law enforcement officers in the building at the time of the quarterly meetings. There is a minimum of six at the monthly meetings. Judge Proctor stated that everywhere he goes, he sees people who are on probation; in the schools, banks, the hospitals, the grocery store. He said he would do everything that he could to screen these types of probationers from going to this area, but could not guarantee it. He emphasized that these are the same people that have been coming to the mandatory meetings, and they have had no incidents. Judge Proctor stated when the residential component becomes a part of the program; there are statutory laws that require a site resident manager. The residents would be required to have a job, or be in school. They would have a curfew and would be required to attend service on Sundays. Director Adcock said when the City of Faith came into the City that there was a Community Advisory Board established which included residents from surrounding neighborhoods and representation by the Little Rock Police Department. She suggested that they form a similar advisory Board for Cycle Breakers. Mr. Carpenter said the Board has set in place a Special Use Permit defining what is a parole /probation facility, which included within that definition, one that is done by state or federal court and that was put in place at the time of the City of Faith Facility, and thought even though this was brought to the Board as a Planned Development it was still going to follow the guidelines of that permit. He stated it could probably be put in the planned development itself rather than as a Special Permit, but when he heard there would be some people staying there, that triggered the thought that this is not just an out patient treatment facility, that it would have the residential component and felt this would trigger the Special Use. He stated that he and Mr. Bozynski had been discussing this during the last few minutes, and did not have an answer at this moment, but felt that question needed to be answered before the Board takes a vote. Mayor Stodola said he was also concerned about the residential component. Director Keck asked that this be kept on the first or second reading tonight so that this question could be clarified. If there is an ordinance that would require different restrictions, and had not been shared with the applicant then he felt that everyone should be made aware of what the expectations are. He said it was disappointing that this discussion had not taken place earlier, since there has already been two and a half hours of discussion, and the Board would not be able to move forward and have a vote on it. Director Richardson seconded the motion. Mayor Stodola asked if there was a motion. Director Keck restated his motion to keep the item on first reading tonight. 10 Little Rock Board of Directors Meeting — Minutes - January 16, 2007 Judge Proctor stated that they were under some time restraints, that they have a meeting scheduled for March 3, 2007. He said they can live with out the residential component, if that is the only thing the City Attorney is having a problem with, and could deal with that part of the program further down the line. Director Keck said the only problem is, that would be a significant enough change that the Board may have to ask the Planning Commission to review it, and bring it back to the Board at a later time, whereas if its held on first reading, this would allow a review and a clear process. Mr. Carpenter stated this was not a proper motion, as there had not been a first reading of the ordinance. Director Keck withdrew the motion. Mayor Stodola asked if there was any other discussion. There was none. Mayor Stodola closed the public hearing. Ms. Wood, City Clerk, read the ordinance the first time. Mayor Stodola asked if any one wanted to make a motion to suspend the rules and go to second reading. There was no motion. The item was held on first reading. Director Adcock, seconded by Director Hendrix made a motion to recess this meeting and place this item on the agenda for a reconvened meeting on January 30, 2007. Director Fortson asked if that meant this meeting was being recessed now. Mayor Stodola answered it would, (after the other items listed on the agenda for tonight are heard). By unanimous voice vote of the Board Members present being two thirds in number, the motion carried. Director Hendrix asked if there was a reason this issue was just now being brought to the Board. She stated that being new on the Board, who does this lie with, the Planning Commission or the — City Attorney. Mr. Carpenter stated the blame was a little of both, there had been some internal discussion as to whether the planned development would take care of the issue, and he had not focused on the residential component until tonight. He stated that when the residential component kept coming up tonight, he wondered why they did not have the Special Use Permit, and that is why he raised the issue just now. Director Hendrix stated there needed to be an apology to the residents. Mr. Carpenter stated he apologized to everybody. Mayor Stodola reminded everyone that that is why ordinances are read three times, and are sometimes discussed at several meetings, and said that he would rather do it right than wrong. OTHER BUSINESS (Items 17 —18) 17. REPORT - Vision Little Rock Governance Recommendations. Mr. Carpenter stated that in having reviewed this with the City Manager, there was feeling that the report should be redone to make it clearer, and he would be putting out a memo to the Board outlining the presentation. Mayor Stodola asked if the presentation would be ready by January 30th. Mr. Carpenter stated it would, and this would give the Board time to review it before the presentation. Director Cazort made a motion, seconded by Director Fortson to place this item on the Reconvened Meeting of January 30, 2007. By unanimous voice vote of the Board Members present, being two thirds in number, the motion carried. 11 Little Rock Board of Directors Meeting — Minutes - January 16, 2007 Director Cazort made the motion to go into executive session to make appointments to the various boards and commissions of the City of Little Rock, as well as some re- appointments and re- instatements, and for the organizational meeting. Director Hendrix asked about people that were here to speak during Citizens Communication. Mayor Stodola stated that there was a motion and a second on the floor to go into executive session. Director Adcock asked how many Citizens Communications cards had been turned in. Mayor Stodola stated he had four. Director Adcock asked that since the executive session may take at least an hour, if the Mayor might consider letting them speak beforehand. Mayor Stodola asked the Board if anyone had an objection to doing that. There was no objection. Mayor Stodola asked Director Cazort if he would like to withdraw the motion. Director Cazort withdrew the motion. CITIZENS COMMUNICATION Speaker: Mr. George Irwin Topic: War Memorial Golf Course Mr. Irwin stated he would come back an address this at another meeting. Speaker: Ms. Naomi Young Topic: CDBG Housing Program Direct Hendrix asked the Mayor to instruct staff to look at the requirement; and wanted to meet with staff regarding this issue. Speaker: Luke Scrabble Topic: Issues in Southwest Little Rock; code enforcement, housing issues, crime issues. Mr. Scrabble gave the Board a handout concerning trailer parks in the area, and the civil rights abuse he and his neighbors had suffered. Mr. Scrabble asked the Mayor to get involved. Mayor Stodola stated that he and Mr. Richardson would go out and look at the area, and asked Mr. Carpenter to prepare a report regarding the complaints. Speaker: Nell Matthews Mock (Pulaski County League of Women Voters) Topic: Highway 10 Development Plan. She asked the Board to keep residential areas, residential. Director Keck made the motion, seconded by Director Cazort to go into executive session. By unanimous voice vote of the Board Members present, being two thirds in number, the meeting was recessed for executive session. 18. EXECUTIVE SESSION & RESOLUTION NO. 12.422 - Election of the Vice Mayor and appointments of Little Rock Board of Directors to represent Boards and Commissions of the City of Little Rock, Arkansas. Mayor Stodola called the meeting back in session, and made the announcement that Director Stacey Hurst had been elected as the new Vice Mayor. 12 Little Rock Board of Directors Meeting — Minutes - January 16, 2007 He announced that Director Kumpuris had asked to not be re- considered for the Advertising and Promotions Commission; that Director Kumpuris felt the Commission would be better served by have some new commissioners. Mayor Stodola announced that Director Fortson and Director Richardson would be the new commissioners representing the City to serve on that commission. Director Fortson stated that Mayor Stodola had indicated earlier that he would not serve as a representative on the Advertising and Promotions Commission and that a Board Member would be appointed to fill that position and that he had consented to be the representative. Director Fortson shared that he had heard conversations that there would be some legislation moving forward that would prevent members on governing boards from serving; and if that was passed he would resign the position, even though the term limit had not expired. Mayor Stodola stated he hoped that staff could find a way that there could be regular updates from the Boards and Commissions. He stated that he had spoken to the City Manager about getting the minutes of the Boards and Commission Meetings on the web site, and hoped to move that forward. He also asked that the Board Member representatives to take their responsibilities very seriously and that frequent updates be given. Mr. Moore announced the nominations to the listed Boards and Commissions. 2007 Board Representatives to Various Boards and Commissions of the City of Little Rock: Advertising & Promotions - Director Fortson, Director Richardson; MEMS (Ambulance Authority) - Director Keck; Americans with Disabilities Act Citizen's Grievance Committee- No Representative; Animal Services Advisory Board - Director Adcock; Arts and Culture Commission, Director Cazort, Director Hurst„ Mayor Stodola; Arts Center Board of Trustees - Mayor Stodola; Board of Adjustment - No Representative; Central Arkansas Library System Board of Trustees - Director Wright, Director Cazort; Central Arkansas Transit Board of Directors - Director Wright; City Beautiful Commission - Director Wyrick; Civil Service Commission - No Representative; Commission on Children Youth and Families - Director Adcock; Community Housing Advisory Board - Director Adcock, Director Hendrix, Director Richardson; Construction Board of Adjustment - No Representative; Construction Board of Adjustment and Appeals; No Representative; Historic District Commission - Mayor Stodola; Housing Board of Adjustment and Appeals - No Representative; Little Rock Housing Authority Board of Commissioners - Director Hendrix, Director Richardson; Little Rock Municipal Airport Commission - Director Fortson, Director Hendrix; Little Rock Parks and Recreation Commission - Director Hurst, Director Cazort; Little Rock Planning Commission - Director Wyrick; Little Rock Port Authority - Director Keck, Director Fortson; Little Rock Sanitary Sewer Committee - Director Cazort; MacArthur Military History Museum - Director Wyrick; Midtown Redevelopment District No. 1 Advisory Board - Director Hurst, Mayor Stodola; Oakland Fraternal Cemetery Board of Commissioners - No Representative; Racial and Cultural Diversity Commission - Mayor Stodola; River Market District Design Review Committee - Director Hendrix; Sister Cities Commission - Director Cazort; Water Commission - Director Hurst; Zoo Board of Governors - Director Cazort; Downtown Partnership - Director Kumpuris, Director Hurst Mayor Stodola; Metroplan - Mayor Stodola, Workforce Investment Board - Director Keck; New Futures for Little Rock Youth Board of Directors - Mayor Stodola 13 Little Rock Board of Directors Meeting — Minutes - January 16, 2007 The Re- instatements to the Racial Cultural Diversity Commission and the Community Housing Advisory Board were deferred to a later time. Synopsis: Reinstatement of Edith Altheimer and Leta Anthony to the Racial Cultural Diversity Commission and Rebecca Chandler- Fisher to the Community Housing Advisory Board. Director Cazort made a motion, seconded by Director Richardson to approve the appointments of Director Stacey Hurst as Vice Mayor, and the listed Directors as representatives to the various Boards and Commissions as announced by Mr. Moore. By unanimous voice vote to the Board Members present, the appointments were made. Director Cazort, seconded by Director Hendrix, made a motion to recess the meeting, to go into a Reconvened Meeting on January 30, 2007 to discuss Cycle Breakers application, and the Governance Issue. By unanimous voice vote of the Board members present the meeting was recessed at 11:30 P.M. ATTEST: N n y Wood, MC City Clerk 14 APPROVED: Mark Stodola Mayor