Fort Smith board delays animal control rules

The Fort Smith Board of Directors changed direction Tuesday night on a new spay and neuter policy by tabling for six months a second reading of an ordinance approved March 15.

Two of the four animal control ordinances approved March 15 — one relating to mandatory spay and neutering and one relating to clarification of definitions — required second and third readings because they failed to garner a 5-2 vote necessary to enact an emergency clause.

The ordinances approved were:
• Ordinance essentially abolishing the tethering of a dog to a stationary object;
• Ordinance enacting a mandatory pet registration, spay and neuter regulations and hobbyist permit for dogs and cats;
• Ordinance creating the Animal Services Advisory Board;
• Ordinance establishing new definitions for the purpose of interpreting the new rules and regulations.

The new rules were to go into effect Jan. 1, 2012.

But after hearing thousands of complaints, including opposition from an organization of at least 20 Fort Smith veterinarians, City Director Pam Weber proposed tabling reading of the second ordinance until May 17 so more information could be gathered on expected results and implementation issues.

However, City Director George Catsavis submitted an alternate motion to delay the second readings for six months. With a second from City Director Don Hutchings, the motion was approved 4-3, with City Directors Catsavis, Andre Good, Hutchings and Kevin Settle voting for, and City Directors Philip Merry, Steve Tyler and Weber voting against the six-month delay.

After the vote, the board heard from opponents of the ordinance who agreed something should be done to better control the animal population but argued for consideration of different approaches.

MIDDLETON FARMS
The board also approved an amended plan for the rezoning of 325 acres to create the Middleton Farms subdivision in the city’s extra-territorial jurisdiction in south Fort Smith.

The proposed 820-lot subdivision is located east of Riley Farms in south Fort Smith. Street work for the new subdivision is estimated at $3.9 million, with the city’s share being $1.6 million. The water and sewer costs would be the full responsibility of the developer. Land around a lake on the property may be donated to the city to develop as a park. Owners and developers of the property include Richard Griffin, Bradley Kidder, Patricia Ann Middleton Bateman and Rob Westphal.

Based on housing market conditions, developers say the property could take between 10-15 years to be fully developed.

Some adjacent property owners have opposed the development because it includes less than three acres, zoned commercial, that could be used for a convenience store.

City Director Tyler moved to approve the rezoning plan but to leave the future convenience store land unzoned. The motion essentially kicks forward the zoning decision. The motion, and the amended rezoning plan was approved 6-1, with Weber abstaining because she served on the Planning Commission that approved the original plan.

CITY STAFF
Scott Hathaway, an architect with Guest Reddick Architects, spoke during the citizen’s forum to praise what he called “the professionalism” of the city staff involved in working with developers.

Hathaway’s comments were in response to a March 15 board meeting during with developer Brandon Woodrome accused the city staff of being less than helpful during recent development projects.

Specifically, Woodrome said the city cost him about $21,000 on two recent projects because of conflicting advice from city staff and misinformation on the location of a water line. One of those conflicts include an allegation by Woodrome that he was told by city staff that a water line was in place to service a planned development. After spending about $15,000 to buy the property and prepare plans, he learned the water line was not available.

In praising city staff with the planning and utilities department, Hathaway said there have been “heated” discussions over some issues, but the staff has always been willing to bend as much as the city ordinances allow.