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HomeMy WebLinkAbout02-27-07l Little Rock Board of Directors Reconvened Meeting — Minutes - February 27, 2007 MINUTES BOARD OF DIRECTORS RECONVENED MEETING City Hall — 500 W. Markham February 27, 2007 - 4:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in a reconvened session with Mayor Mark Stodola presiding. City Clerk, Nancy Wood, called the roll with the following Directors Present: Hendrix, Richardson, Cazort, Keck, Wright, Wyrick, Kumpuris, Fortson, Adcock, Vice Mayor Hurst, and Mayor Stodola. PRESENTATION Award of Appreciation — Keith Jones, CATA - Presented by Clayton Johnson and Jim Lynch A notice of intent was given at the February 20, 2007 by Director Fortson, to request a reconvened meeting to make a motion to rescind the vote taken at the Reconvened Meeting of January 30, 2007 on the below listed item (Z- 8132). The vote on the item was recorded as follows: Directors Hendrix, Richardson, Keck, Wright, Kumpuris, Fortson, Adcock voted in favor; Directors Wyrick, Vice Mayor Hurst, and Mayor Stodola voted in opposition. Director Cazort was absent. 1. ORDINANCE Z -8132 — Approving a Planned Zoning Development and establishing a Planned Office District titled Cycle Breakers, Inc. Short Form POD, located at 800 Apperson Street, Little Rock, Arkansas, amending the Official Zoning map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission 3 ayes, 7 nays, I 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 none - 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. Director Fortson, seconded by Director Wyrick, made a motion to rescind the vote taken on ordinance Z- 8132.* This Ordinance was passed by the Board of Directors on January 30, 2007 as Ordinance 19,686. To review previous discussion, please refer to the minutes from Board of Directors Regular Meetings: January 16, 2007 and February 20, 2007; and Board of Directors Reconvened Meeting: January 30, 2007. Tom Carpenter, City Attorney, clarified some questions from the Board regarding proper notice for hearing the motion. Director Fortson stated the provision in Robert's Rules of Order for rescinding a motion that allows for his actions. If facts are developed after the consideration of the adoption of the motion that might persuade someone to vote otherwise, which he believes has happened in this case, a motion to rescind the previous vote is in order. 1 Little Rock Board of Directors Reconvened Meeting — Minutes - February 27, 2007 He believes that further information about the components of the probationers involved in the Cycle Breakers program, which he was not privy to at the time of the vote, indicates the inclusion of some sex offenders, which gives rise to a need to reconsider this action. Director Kumpuris, seconded by Director Richardson, made a motion to limit the discussion to thirty (30) minutes per side. By unanimous voice vote of the Board members present, the discussion limit was passed. Several parents of students attending the local elementary school, Carver Basic Skills Math Science Magnet, spoke in opposition of the development. Parents who spoke included: Sara Bowling, Michele Easter (PTA President), Laura Beth Hartz, Kim Meldrum, Paul McElhanon, Felicia Thomason, Barbara Cockrell, Fred Cross, and Ashley Broadnax. Others present to speak in opposition of the application were Annette Hunter (resident), Linee' Ophof (East Little Rock Community Center). James Wise was present in opposition, but did not speak. Major issues for opposing the application included improper notice being given to the parents of the local elementary school so that they could voice their opinion at the initial meetings, there was concern for the safety of the children attending the school and those visiting the community center, lack of security as the probationers traveled to and from the site, safety of those who live in the neighborhood, During the comment period of those in opposition the Board asked several questions. Information that came forward from the Board's questions included that the parents of Carver found out about the January 30th vote at a February 8th school event. The parents expressed that they had no desire to compromise and or work with the Cycle Breakers group to allow them to operate at the 800 Apperson site. They reiterated that the Planning Commission and Planning staff had recommended denial of the application and asked that the Board do the same. Those present to speak in favor of the application included many citizens who have been and are currently participants of the Cycle Breakers program, those who have worked closely with the program, and the applicant Judge Willard Proctor Jr. The following is a list of those persons who spoke: Roselyn G. Pickett (St. John Missionary Baptist Church), Christopher Porter, Richard Eden, David Crafton, Udell Ward, Shalisa Cowles, Gene Otto, James Vaughns, Alton Givens, Matthew Otto, Mark Leverett, Mary Louise Williams (Quorum Court), Dale Charles (NAACP), and Cheryl Warden. Major points for those present in favor of the development included the fact that the program had operated near schools, community centers, and residential areas before and there had been no incidences or problems, many had benefited from the program, all thought the program was a good program and asset to the community, many stated the program gave hope to those who would otherwise have none and help make them productive citizens, several felt the "not in my backyard" syndrome played a major part in the protest of the facility. Information that came out during the Board's question period for this side of the argument included clarification on who would be attending the facility, when they would be attending the facility, what they would be doing at the facility, and whether or not there would be security P Little Rock Board of Directors Reconvened Meeting —Minutes -February 27, 2007 during these times. Judge Proctor answered that his group had compromised and no sex offenders (24 of 1252 probations) would be coming to the Apperson site. He added that presently the program was in operation from Monday through Friday from 6:30 PM — 7:30 PM, one meeting a month on Saturdays, and quarterly on Saturdays. He stated that there had been no incidences during the over 600 meetings they had ever had. He added that there were about 20 people attending the daily meetings and that there were about 26 security officers and court personnel during the quarterly meetings. He reiterated that the Little Rock School District would not be giving Cycle Breakers, Inc. a refund. No tax payer money was being spent on the program; the program is paid for by money that the probationers pay as probation fees. Other places that the program had operated included: St. John's Baptist Church, Abundant Grace Apostolic, McAlmont Church of Christ, St. Mark, Connor Chapel, Barton Coliseum, Philander Smith College, and Arkansas Baptist College. Board concerns included the ability to hold Cycle Breakers accountable for a set operating schedule, with no sex offenders on the premises, and security before, during, and after activities on the premises and how to hold the next judge accountable to the same stipulations. Liability to the City if they rescinded the vote and then voted against the application was also a major concern. City Attorney, Tom Carpenter, assured the board that because of the thirty (30) day referendum period, the Board should not be liable for anything that has been done on the site at this time. After a three hour discussion and public comment period, the Board discussed how they should proceed from this point. Mr. Carpenter help to clarify what was before the Board and the ramifications of any action they may or may not take. Director Keck, seconded by Cazort, made a motion to call the question and end debate. A roll call vote was taken as follows: Directors Kumpuris, Forston, Adcock, Hendrix, Richardson, Cazort, Keck, Wright, Wyrick, Vice Mayor Hurst, and Mayor Stodola voted yes. The motion carried. *Director Fortson, seconded by Director Wyrick, made a motion to rescind the vote taken on ordinance Z -8132. A roll call vote was taken as follows: Directors Kumpuris, Forston, Keck, Wright, Wyrick, Vice Mayor Hurst, and Mayor Stodola voted yes. Director Adcock, Hendrix, Richardson, and Cazort voted no. The motion to rescind passed. Mark Leverett, council for Cycle Breakers, Inc. read their amendment into record. Amendment to the Final Plat: Cycle Breakers, Inc. agrees not to allow any probationers who have been convicted or plead guilty to a sexual offense to participate in any program at the 800 Apperson location, this amendment shall be binding upon the program during any other administration and shall be a basis for a revocation of the POD. SlIMark Leverett 02 -27 -07 Mark Leverett, Cycle Breakers, Inc. Director Cazort, seconded by Director Hendrix, made a motion to amend the ordinance as offered by the applicant. Little Rock Board of Directors Reconvened Meeting — Minutes - February 27, 2007 Director Hurst asked about the hours of operation. Director Wright and Cazort spoke in regard to sending the item back to the Planning Commission. Director Wyrick asked for clarity on the classification of sexual offenders. A roll call vote was taken as follows: Directors Kumpuris, Forston, Adcock, Hendrix, Richardson, Cazort, Keck, Wright, and Wyrick voted yes. Vice Mayor Hurst, and Mayor Stodola voted no. The motion carried. Mayor Stodola applauded the program, but felt like this site might not be the best location for the development because many of the other areas they had operated were more institutionalized. Director Wright stated that she had received many phone calls and other correspondence on the matter and was not comfortable enough at this time to support the application. Director Cazort stated that he thought the concept of the program was great, but he felt the issue before the Board was not if the program was good or if their were better places, but if the site was appropriate for the use stated in the application. Director Hendrix reported some negative crime statistics in the area from the past five years. She added that most of the people who spoke did not live in the area, but had allowed their children to attend the school while the present problematic crime had been going on in the area. Director Wyrick reminded the Board that the Planning Commission, Planning staff, neighborhood, and local school were in opposition of this application. Director Richardson remarked that the program was great and that it may be falling prey to the "not in my back yard" syndrome. Director Fortson stated that he thought it was a great program, but felt as if there was no real guarantee that there would be no sex offenders at the site. He indicated that he felt as if this was not a good site for the program operations. Director Adcock identified all of the neighborhoods that have already been affected by the program with no problems. Vice Mayor Hurst added that although "not in my back yard" my be involved with this application, that it was set apart because of the high concentration of probationers that would be coming into an area where there was an elementary school and community center. Director Kumpuris wanted to include time constraints and the other promises made at the podium by the applicant to be included in the ordinance. Mayor Stodola, ruled as chair of the Board, that only amendments submitted in writing would be accepted into the ordinance. 0 Little Rock Board of Directors Reconvened Meeting —Minutes -February 27, 2007 Director Adcock, seconded by Director Hendrix, made a motion to take a ten (10) minute break. A roll call vote was taken and recorded as follows: Directors Kumpuris, Adcock, Hendrix, Richardson, Cazort, Keck, and Wright voted yes. Directors Fortson, Wyrick, Vice Mayor Hurst, and Mayor Stodola voted no. The motion carried. Mayor Stodola reconvened the meeting at 7:15 PM. The applicant presented additional language to the City Manager and it was presented to the board with copies of proposed additional language. The amendments were read into the record by Mr. Leverett: Amendments to the final Plat: Cycle Breakers, Inc. agrees to abide by the specific hours of operation set forth in the preliminary plat and the final plan; more specifically the hours of operations will be as follows: Daily operations: The day to day operations of the building will be from Monday to Friday 8 AM — 9 PM. During these times group sessions and individual sessions will be offered to probationers. During the daily operations there will always be at least one probation staff member on the premises. The primary use will be in the evening from 6:30 PM— 8:00 PMfor group sessions. As the program expands daily operations that will take place will be for the purposes of group and individual sessions conducted under direct supervision of [trained certified law enforcement] staff and must be approved by the community council which has been created. Monthly Operations: Once a month during eight months of the year there will be monthly meetings held either on Saturday or a week day from 6 :00 PM until 9: 00 PM. Quarterly Operations: On one Saturday during each quarter of the year a meeting will be held, these meeting will always be held on Saturdays. Cycle Breakers, Inc, specifically incorporates all of the language in the preliminary and final plat amendments. S/ /Mark Leverett 02 -27 -07 Mark Leverett, Cycle Breakers, Inc. Director Keck and Hurst, asked for clarity on the security issue. There was a brief debate on language to indicate trained law enforcement staff would be present. And amendment to the amendment was done to define all staff as certified trained law enforcement officers. Director Kumpuris, seconded by Director Cazort, made a motion to accept the second set of amendments. By unanimous voice vote of the Board members present, the amendments were accepted. Director Adcock, seconded by Director Hendrix, made a motion to adopt the ordinance. A roll call vote was taken and recorded as follows: Directors Kumpuris, Adcock, Hendrix, Richardson, and Cazort, voted yes. Directors Fortson, Keck, Wright, Wyrick, Vice Mayor Hurst, and Mayor Stodola voted no. The motion failed and the ordinance (Item 1) was not passed. Little Rock Board of Directors Reconvened Meeting — Minutes - February 27, 2007 1. ORDINANCE Z -8132 — Failed - Approving a Planned Zoning Development and establishing a Planned Office District titled Cycle Breakers, Inc. Short Form POD, located at 800 Apperson Street, Little Rock, Arkansas, amending the Official Zoning map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission 3 ayes, 7 nays, 1 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 none - 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. 2. RESOLUTION 12,461 - Of support of for Pulaski County to acquire one (1) time capital funds from the State of Arkansas to be used for roof repair of the Pulaski County Jail Facility. Staff recommends approval. City Manager Moore gave a brief summary of the events that had taken place leading up to this resolution of support. Director Adcock expressed concern for Pulaski County not being able to handle their fiscal responsibilities in regard to the detention Center. Director Keck, seconded by Director Hurst, made a motion to adopt the resolution. By voice vote of the Board members present the resolution (Item 2) was adopted. Director Adcock voted no. Director Keck, seconded by Director Fortson, made a motion to adjourn the meeting. By unanimous voice vote of the Board members present the meeting was adjourned at 7:35 PM. ATTEST: Na y Wo d, CMC City Clerk 0 APPROVED: i A4�� Mark Stodola Mayor