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HomeMy WebLinkAbout02-19-08Little Rock Board of Directors Meeting — Minutes — February 19, 2008 MINUTES BOARD OF DIRECTORS MEETING February 19, 2008 - 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mark Stodola presiding. Nancy Wood, City Clerk, called the roll with the following Directors present: Hendrix, Richardson, Cazort, Keck, Wright, Wyrick, Kumpuris, Fortson, Adcock, Vice Mayor Hurst, and Mayor Stodola. Director Wyrick gave the invocation, which was followed by the Pledge of Allegiance. PRESENTATIONS: Sister Cities Youth Leadership Initiative (February 19, 2008) —Misty Borkowski, Chair 100 Best Communities for Young People —Mayor Stodola Mayor Stodola asked the Board to consider the listed Modifications. MODIFICATIONS: DELETION: 15. PUBLIC HEARING &RESOLUTION - Applicant failed to perfect the appeal. Notices were not sent. - Z -8214 — Rescinding the Planning Commission's denial of a Special Use Permit to allow a day care family home at the R -3 zoned property located at 3200 Gilman Street, Little Rock, Arkansas. Planning Commission: 4 ayes, 7 nays. Staff recommends approval of the Special Use Permit. Synopsis: Applicant is appealing the Planning Commission's recommendation of denial of a Special Use Permit to allow a day care family home at the R -3 zoned property located at 3200 Gilman Street. Director Cazort, seconded by Director Adcock, made a motion to delete Item 15 for failure to perfect the appeal. By unanimous voice vote of the Board members present, Item 15 was deleted. CONSENT AGENDA (Items 1- 7) 1. MOTION - Z- 7603 -D — To set the date of public hearing for March 4, 2008, on an appeal of the Planning Commission's recommendation of denial of this revision to a previously approved PCD and POD to allow a unified development plan of this eight (8) plus acre site containing a mixed use development of office, and retail and restaurant uses. Planning Commission: 5 ayes, 4 nays, I recusal, I absent. Staff recommends approval. Synopsis: Appeal of this revision to a previously approved PCD and POD to allow a unified development plan of this eight (8) plus acre site containing a mixed use development of office, and retail and restaurant uses. 1 Little Rock Board of Directors Meeting — Minutes — February 19, 2008 2. RESOLUTION 12,650 - Authorizing the City Manager to enter into an agreement to transfer property to Natural Environments, Inc., for building an affordable, super- energy efficient home. Staff recommends approval. 3. RESOLUTION 12,651 - To certify local government endorsement of Cameron's Valves & Measurement Process Valves — Little Rock, located at 7200 Interstate 30, Little Rock, Arkansas, to participate in the Arkansas Tax Back Program (as authorized by Section 15- 4- 2706(D) of the Consolidated Incentive Act of 2003); and for other purposes. Staff recommends approval. 4. RESOLUTION 12,652 - To certify local government endorsement of Hawker Beechcraft Corporation, located at 2400 Grundfest Drive, Little Rock, Arkansas, to participate in the Arkansas Tax Back Program (as authorized by Section 15- 4- 2706(D) of the Consolidated Incentive Act of 2003); and for other purposes. Staff recommends approval. 5. RESOLUTION 12,653 - To authorize the City Manager to enter into a contract with Gametime, in the amount of $80,876.36, for supply and installation of GTImpax poured -in -place surfacing for Riverfront Adventure Park. Staff recommends approval. Synopsis: A resolution to authorize the City Manager to enter into a contract with Gametime in the amount of $80,876.35 fro supply and installation of GTlmpax poured -in -place surfacing for Riverfront Adventure Park. 6. RESOLUTION 12,654 - To authorize the City Manager to enter into a contract with Turner /Coleman, to supply milk and juice products for the City of Little Rock Summer Playground Program; to clarify the intention of the Board as to the provision of this service in 2007 and 2008; and for other purposes. Staff recommends approval. Synopsis: A resolution authorizing the City Manager to enter into a contact with Turner /Coleman in an amount not to exceed $70,0000 to supply milk and juice products for the City of Little Rock Summer Playground Program. 7. RESOLUTION 12,655 - Declaring the support of the City of Little Rock, Arkansas, for the various branches of the United States Military, expressing appreciation for the service provided by all members of the Armed Forces; and for other purposes. Staff recommends approval. The Consent Agenda was read. Director Adcock, seconded by Director Cazort, made a motion to adopt the consent agenda. By unanimous voice vote of the Board members present, the consent agenda (Items 1 - 7) was adopted. SEPARATE ITEMS (Item 8 - 10) Mayor Stodola requested the second reading of Item 8. 8. ORDINANCE 19,920 - To approve the formation of City of Little Rock Multi- Purpose Improvement District Number 2007 -305 (Longleaf Subdivision Project). (2 "d Reading) - First Reading on February 12, 2008) 2 Little Rock Board of Directors Meeting — Minutes — February 19, 2008 Item 8 was read the second time. Director Cazort, seconded by Director Richardson, made a motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, being two - thirds in number, the rules were suspended and the ordinance was read the third time. By unanimous voice vote of the Board Members present the ordinance (Item 8) was passed. Director Wright voted no. Mayor Stodola requested the second reading of Item 9. 9. ORDINANCE 19,921 - To amend Little Rock Arkansas Revised Code Chapter 32, Article VI, 32 -301 — 32 -411 (1988); to clarify types of parking available for vehicles within the City Limits and Holidays, to declare an emergency; and for other purposes. Staff recommends approval. (2nd Reading) - First Reading on February 12, 2008). Synopsis: This ordinance makes necessary changes to the parking ordinances that were occasioned by recent budget actions of the Board of Directors which, among other things, increased certain parking fines. Item 8 was read the second time. Director Cazort, seconded by Director Keck, made a motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, being two - thirds in number, the rules were suspended and the ordinance was read the third time. By unanimous voice vote of the Board Members present the ordinance (Item 9) was passed. An emergency clause was also passed. 10. ORDINANCE 19,922 - A -312 & Z -8297 — Accepting the Porocel -Green Annexation (No. A -312), adding certain lands to the City of Little Rock, Arkansas; and classifying said property to I -1, Industrial Park (Z- 8287); amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, Staff recommends approval. Synopsis: The annexation of some fifty (50) acres along the west side of Arch Street Pike, north of Dixon Road and zoning said land to I -1, Industrial Park. Adam Crow, Rose Law Firm, representing applicant, and Gerald Ashford, Plant Manager of Porocel Industries LLC, gave a review of the application and stood for questions from the Board. Tony Bozynski, Planning Director gave an overview of the annexation process along with a history of this particular application. Reggie Corbitt, CEO, Little Rock Wastewater, gave an overview of the sewer connections for this annexation. Several Board members expressed concern about Porocel's compliance or willingness to annex the remainder of their property and the details of the pre- annexation agreement. Item 10 was read the first time. Director Cazort, seconded by Director Keck, made a motion to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, being two - thirds in number, the rules were suspended and the ordinance was read the second time. Director Cazort, seconded by Director Keck, made a motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, being two - thirds in number, the rules were suspended and the ordinance was read the third time. By unanimous voice vote of the Board Members present the ordinance (Item 10) was passed. 3 Little Rock Board of Directors Meeting — Minutes — February 19, 2008 Bruce Moore, City Manager, reported to the Board that his office had received a copy of the pre - annexation agreement for the Porocel property and indicated that he would sign and execute the document tomorrow for the process to begin. PUBLIC HEARINGS (Items 11 -15) Mayor Stodola requested the second reading of Item 11. 11. PUBLIC HEARING & ORDINANCE 19,923 - G-23-394 — To abandon the thirty -seven (37) foot wide Country Club Lane right -of -way located adjacent 2422 Country Club Lane, being Lots 11 and 12, Block 11, Country Club Heights Addition to the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. (2nd Reading - First Reading on February 12, 2008). Synopsis: The owner of the property located 2422 Country Club Lane is requesting the abandonment of the thirty -seven (37) foot wide Country Club Lane right of way located adjacent to the property. Item 11 was read the second time. Director Adcock, seconded by Director Keck, made a motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, being two - thirds in number, the rules were suspended and the ordinance was read the third time. By unanimous voice vote of the Board Members present the ordinance (Item 11) was passed. 12. PUBLIC HEARING & ORDINANCE — Failed - Z -8258 — To rescind the Planning Commission's recommendation of denial for a rezoning request for this site from R -2, Single - Family to PCD to allow the construction of a skate center on the property located at 3200 Baseline Road, Little Rock, Arkansas. Planning Commission: 0 ayes, 11 nays. Staff recommends approval. Synopsis: An appeal of the Planning Commission's recommendation of denial for a rezoning request for this site from R -2, Single - Family to PCD to allow the construction of a skate center on the property. (All three (3) readings on February S, 2008). Mayor Stodola opened the floor for public comments on item 12, after which a lengthy discussion took place regarding the application. Those present to speak in favor of the development included: Aundrae Sanders, Michael Bailey, James Harris, Gary Gilmore, and Lumas Kendricks. All of the speakers asked the Board to support the development, adding that the applicant was a good business person, and that they felt the project would be a positive family oriented addition to their neighborhood that would keep youth off the streets. Those present in opposition of the development included: Pat Gee (VP Southwest Little Rock United for Progress), Ruth Nash, Nan Howard, and Allon Wells. Those present, but not speaking included: Anita Callaway, Pamela Bingham, Wilma Jackson, Tina Scott, Carol Haskins, and Carol Dawson. 11 Little Rock Board of Directors Meeting — Minutes — February 19, 2008 Each speaker urged the Board to vote against the development with the major points of the opposition including the hours of operation, noise control, an increase of crime, illegal dumping, and concern about building in a flood area. Ruth Nash encouraged the applicant's wife to join in the Step -Up Center's efforts to make positive changes in the lives of youth in the area. Ronnie Lowe, Public Works Director, addressed the flood plane issues, per request of Director Hendrix. He indicated that the property in question has flood plane and floodway areas on it and that there were requirements for the development in the area. He assured that Board that development was allowed on flood plane property if all of the requirements were met. Director Adcock asked about complaints that have been filed about filling in the area. Mr. Lowe responded that complaints had been investigated since 2003 and that there had not been any identifiable violations to warrant enforcement action. Director Wyrick asked about the sound and the decibel levels. Tony Bozynski, Planning Director answered her questions and indicated that the orientation of the site plan would help minimize some of the noises created outside of the property. Director Wright asked if there were any issues with any of the other local skating arenas. Bruce Moore, City Manager, indicated that there is no direct correlation between the skating rinks and crime in the area surrounding them. The Board went on to ask questions about the capacity of the building, hours of operation, curfew for minors, sound barriers, parking, and filling on the property. Tony Bozynski gave an overview of the staff s recommendation for approval, stating that they felt the development was appropriate for the area. A roll call vote was taken and recorded as follows: Directors Keck, Kumpuris, Fortson, Adcock, Cazort, Wright, Wyrick, and Vice Mayor Hurst voted no. Directors Hendrix and Richardson voted yes. The ordinance (Item 12) failed. Director Adcock asked the City Manager to announce the City's curfew for the viewing audience. Mr. Moore reported that the curfew was 10 PM from Sunday through Thursday and 12 midnights on Friday and Saturday. Mayor Stodola opened the public hearing and requested the second reading for Item 13 13. PUBLIC HEARING &ORDINANCE — Failed - LU07 -14 -01 — To amend the Land Use Plan (16,222) in the East Geyer Springs Planning District from Mixed Office Commercial to Commercial; and for other purposes. Planning Commission 0 ayes, 11 nays. Staff recommends denial. (1St Reading —Not read at February 5, 2008 meeting). Synopsis: Land Use Plan Amendments in the East Geyer Springs Planning District from Mixed Office Commercial to Commercial for future development. Director Keck, seconded by Director Richardson, made a motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, being two - thirds in number, the rules were suspended and the ordinance was read the third time. 5 Little Rock Board of Directors Meeting — Minutes — February 19, 2008 There being no additional speakers for this item, which was related to Item 12, the public hearing was closed. By unanimous voice vote of the Board Members present the ordinance (Item 13) failed. 14. PUBLIC HEARING & RESOLUTION 12,656 - Z -693 3 -B - Rescinding the Little Rock Planning Commission's approval of a Conditional Use Permit to allow a convenience store with gas pumps on the C -1 zoned property located at 14100 Kanis Road. Planning Commission: 11 ayes, 0 nays. Staff recommends denial of the Conditional Use Permit. Synopsis: A record objector is appealing the Planning Commission's approval of a Conditional Use Permit to allow a convenience store with gas pumps on the C -1 zoned property located at 14100 Kanis Road. Mayor Stodola opened the public hearing and requested the reading of the resolution. The resolution was read. Dennis Burrows — architect representing applicant; gave a brief report on project, a proposed neighborhood convenience store with limited hours. He said the applicant had agreed to dark sky lighting program, increased density of landscaping on north and west boundary, relocated the dumpster, added office space for lease, the car wash was removed from original application. He asked the Board's support for this project. Skip Davidson — Representing applicant, stated law specifically provides for this use His client has agreed to meet all of the standards for review, and other requirements of the City Ordinances. He didn't believe that this development was close to close to the subdivision and didn't think it would make traffic worse. Mr. Davidson urged the Board to vote no to the resolution. He reported a survey that indicated that the majority of the residents in the area were for the development. Mr. Davidson showed pictures from every angle of the proposed site of the development. Ross Phillips, resident of Spring Valley Road stated they are going to put in a sewer lines; and expects that more development will take place. He stated that Kirby Road is terrible, and this applicant is willing to do the developments on the road, and said that is the only way he sees any improvements will be make. Cliff McKinney, Vice president of the Parkway Neighborhood Association spoke in opposition saying there is no buffering, on two sides of the property sit two single family homes, He said it is a misconception that there are no homes there in the immediate area. He said they have a petition with approximately one hundred signatures who are opposed to the development, and one of the most prevalent problems is that there are no limits on the hours of operation. Mr. Jim McMains, Gerald Garrison, and Lenice Garrison, were neighbors present, who were opposed to the development. Tony Bozynski, Planning Director, gave an overview of staff s recommendation. My Bozynski indicated that there are several Staff reviewed the conditional uses for the development and felt like it was not appropriate for the area. Gas pumps and type of traffic generated by gas pumps was a major factor. 0 Little Rock Board of Directors Meeting — Minutes — February 19, 2008 Mayor Stodola closed the public hearing and asked for a roll call vote, which was recorded as follows: Director Keck, Kumpuris, Fortson, Adcock, Hendrix, Vice Mayor Hurst voted yes; Directors Richardson, Wright, Wyrick, Cazort, voted no. The resolution was adopted, rescinding the Planning Commission's recommendation of approval of the Conditional Use Permit. 15. PUBLIC HEARING & RESOLUTION — Deleted; applicant failed to perfect the appeal. - Z -8214 — Rescinding the Planning Commission's denial of a Special Use Permit to allow a day care family home at the R -3 zoned property located at 3200 Gilman Street, Little Rock, Arkansas. Planning Commission: 4 ayes, 7 nays. Staff recommends approval of the Special Use Permit. Synopsis: Applicant is appealing the Planning Commission's recommendation of denial of a Special Use Permit to allow a day care family home at the R -3 zoned property located at 3200 Gilman Street. OTHER BUSINESS (Item 16 — 19) 16. ORDINANCE 19,924 - To amend Chapter 12, Article I of the Little Rock City Code to add a section to restrict novelty lighters; declaring an emergency; and for other purposes. Staff recommends approval. Synopsis: The Little Rock Fire Department is requesting that the City Board of Directors approve amending Chapter 12, Article I of the Little Rock City Code to add a section to prohibit the retail sale or distribution of novelty lighters within the territorial jurisdiction of the City of Little Rock, Arkansas. A Novelty Lighter is defined as a lighter that has entertaining audio or visual effects, or that depicts or resembles in physical form or function articles commonly recognized as appealing to or intended for use by children. Exception would be made for lighters manufactured prior to 1980 or lighters which are not operational. The ordinance was read the first time. Director Adcock made a motion seconded by Vice Mayor Hurst to suspend the rules and place the ordinance on second reading. By unanimous voice 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 to suspend the rules and place the ordinance on third and final reading; Vice Mayor Hurst seconded the motion. By unanimous voice vote of the Board Members present being two - thirds in number the rules were suspended and the ordinance was read the third time. Director Cazort had comments regarding the issue which included that he felt the ordinance was seriously flawed; for one thing it says nothing about receiving the lighter as a gift or purchasing the lighter somewhere else. It says nothing about possession. He stated the definition of what constitutes a novelty lighter is vague. Under exceptions, there are two that are problematic. One is that this does not apply to novelty lighters manufactured before 1980. He stated he has not seen manufacturing dates on any of the novelty lighters, so how can that date be determined. He also had issue that a novelty lighter excludes any lighter that lacks fuel or produces a combustible flame; if it lacks fuel or is not combustible, it is not a novelty lighter. If you sell the lighter without fuel it is not a novelty lighter and can be sold in this city, under this ordinance. He believed it to be an unenforceable ordinance and there is absolutely no way the lighter is in violation of the ordinance. He gave the example of the lighting matchstick used to light charcoal grills, which you would be able to purchase, would be called a novelty lighter. In his opinion, it is a flawed ordinance in concept, and didn't believe it was enforceable, and is nothing more than a "feel good" ordinance. He did not feel this was a place that City government needed to go. 7 Little Rock Board of Directors Meeting — Minutes — February 19, 2008 Mr. Carpenter stated it is not whether a lighter has the ability, but whether it can be caused to flame that a person would be in violation. He stated the exceptions are what the Federal Government has used since the mid 1980's on safety standards. It has twenty years of enforcement in the United States. This ordinance draft has been used in all states and cities staff have researched. He said the modification has been made to this ordinance which breaks it up into audio defining it as a lighter that has entertaining audio or visual effects, such as logos or decals or recognized as appealing by young children. Director Cazort stated the fact that the government has created this definition does not give him a comfort level. He stated he believes this to be a non - governmental matter, and a non governmental solution would be better. There being no further discussion the roll was called and recorded as follows: Directors Keck, Kumpuris, Fortson, Adcock, Hendrix, Richardson, Wright, Wyrick, and Vice Mayor Hurst voted in favor of the ordinance. Director Cazort voted no on the passage of the ordinance and the emergency clause. The ordinance and emergency clause was passed. 17. ORDINANCE 19,925 - To amend Chapter 6 of the Code of Ordinances pertaining to dogs; to create the classification of a potentially dangerous breed; to include Pit Bulls within this new classification; to declare an emergency; and for other purposes. The ordinance was read the first time. A motion was made by Director Adcock seconded by Director Richardson to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present being two - thirds inn number, the rules were suspended and the ordinance was read the second time. A motion was made by Director Adcock seconded by Director Richardson to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present being two - thirds inn number, the rules were suspended and the ordinance was read the third time. Mr. Andre Bernard, Housing and Neighborhood Programs Manager, gave an overview of the ordinance. Mr. Bernard stated that there shall be a recognized category of dogs designated as Potentially Dangerous Breed which includes any dog that is an American Pit Bull Terrier, a Staffordshire Terrier, or American Staffordshire Terrier, and any dog of mixed breeding that has the primary characteristics of an American Pit Bull Terrier, a Staffordshire Terrier, or an American Staffordshire Terrier. Beginning on the 91St day after passage of this ordinance, it shall be unlawful for any person to keep within the city limits any Potentially Dangerous Breed, except in compliance with the provisions of this ordinance. The owner is defined as any person who owns keeps, exercises control over, maintains or harbors a Potentially Dangerous Breed. Special Provisions set forth for keeping a Potentially Dangerous breed within the city limits are that the animal is subject to the provisions for designation as a dangerous dog or as a vicious dog. Any animal declared to be a vicious dog shall be euthanized once process to declare the animal a vicious dog has been completed. The City Animal Services Division may temporarily harbor and transport any Potentially Dangerous Breed for the purpose of enforcing the provisions of this ordinance. The owner may transport into and temporarily hold in the city limits a Potentially Dangerous Breed for the purpose of transporting the dog to a veterinarian or groomer for care, or to participate in a contest or show sponsored by the American Kennel Club or the United Kennel Club. A permit fee shall be paid on an annual basis for each year the Potentially Dangerous Breed is kept in the city limits, and obtains a Potentially Dangerous Breed permit window sticker with an annual registration. 0 Little Rock Board of Directors Meeting — Minutes — February 19, 2008 As a condition of the registration, the owner shall be at the time of application, provide sufficient evidence that the owner is in compliance with all the following requirements: The dog must be vaccinated against rabies by a licensed veterinarian on an annual basis. The owner must purchase an annual city license for the dog and the dog must wear the city license tag on its collar at all times. The dog must be identified by means of a microchip that is injected under its skin by a licensed veterinarian and maintained as long as the animal is kept within the city limits. The owner must bring their Potentially Dangerous Breed to the City animal shelter to have its photo taken with the owner. The owner must provide documentation from a licensed veterinarian that their dog as been spayed or neutered. (This shall not apply if: Animal Services receives a letter from the owner's veterinarian, to be confirmed by the Animal Services veterinarian, stating the dog is physically unable to reproduce or that the dog is medically compromised to the extent that it can not be safely sterilized. The Potentially Dangerous Breed is a registered AKC and UKC show dog with points or with documentation of training for show purposes, if the owner purchases and annual Show Dog Permit, or the dog is a registered AKC or UKC dog with points, and the owner purchases an annual Breeders Permit, with the restriction that the dog shall be allowed to produce or sire no more that one litter per calendar year beginning on January 1 and ending on December 31. For any additional litter produced in any calendar year, there shall be a fine, in addition to any other fine, of five hundred ($500.00) against both the sire and the bitch, and two hundred and fifty($250.00) for each live pup. The permit conditions are that the dog must reside at the owner's residence or place of business. The annual window sticker must be visible from the street which identifies that a Potentially Dangerous Breed resides on the property. The dog shall be confined indoors or by means of fence that is of adequate height and construction to prevent the dog's escape. The dog shall not be confined by an electronic confinement device, or invisible fence. When outside of an area of confinement, a Potentially Dangerous Breed must be restrained by means of a secure lease held by an adult who has the ability to control the dog. A Potentially Dangerous Breed Permit cannot be transferred to a new owner residing in the city limits. The new owner must meet all the registration requirements within 10 days of acquiring the dog. The owner must notify Animal Services if they relocated their dog to a new Little Rock residence in order to obtain a new window sticker. The new sticker must be posted at the new residence or place of business within 30 days of the move. The maximum number of Potentially Dangerous Breed dogs kept, maintained or harbored at one residence shall not exceed two (2). The owner of a dog that has been identified as a Potentially Dangerous Breed under this section of the ordinance shall have the right to an administrative appeal of the breed designation by submitting a request for a hearing to the Animal Services Division Manager in writing within five (5) days of the Division Manager's designation of the owner's dog as a Potentially Dangerous Breed. The hearing shall be conducted by a committee appointed by the City Manager and comprised of at least the Animal Services veterinarian, a member of the Animal Services Advisory Board and a Little Rock citizen. The committee shall make the final determination of the dog's breed or predominant characteristics. If the committee determines the dog is a Potentially Dangerous Breed, as defined by this section of the ordinance, the owner shall have ten (10) days to meet all registration requirements and to comply with all permit conditions. 9 Little Rock Board of Directors Meeting — Minutes — February 19, 2008 Within ten (10) days of acquiring a Potentially Dangerous Breed, or after moving to the City of Little Rock with a Potentially Dangerous Breed, or after a Potentially Dangerous Breed designation has been affirmed on appeal, or after non - compliance under this section of the ordinance has been brought to the attention of Animal Services, the owner of a Potentially Dangerous Breed must register their dog and comply with all the Potentially Dangerous breed regulations. Failure to comply with any Potentially Dangerous Breed regulation requirement or permit condition within the allotted ten (10) day time period shall constitute a violation of this Chapter of the Code of Ordinances and may result in the issuance of a citation and a warrant to seize the owner's dog if it is not removed from the city limits pending adjudication of the citation. A permit to keep a Potentially Dangerous Breed within the City may be revoked by the Animal Services Division upon the owner's second conviction for violation of the City's non - cruelty animal code provisions. If the permit is revoked, a warrant to seize the Potentially Dangerous Breed may be served on the owner if the dog is not removed from the city limits. Upon any conviction for any animal cruelty charge, the owner of a Potentially Dangerous Breed shall lose their Potentially Dangerous Breed Permit(s) and shall lose their right to register any Potentially Dangerous Breed within the city limits for a period of ten (10) years. A warrant may be obtained to seize the owners Potentially Dangerous breed dog(s) pending adjudication of the cruelty violation citation. Upon conviction for an animal cruelty and revocation of the Potentially Dangerous Breed Permit, the owner's Potentially Dangerous Breed dog (s) must be removed from the city limits or surrendered to the Little Rock Animal Services Division. Not withstanding any provision of this Code of Ordinances, if a Potentially Dangerous Breed is declared to be a vicious animal pursuant to the provisions of 6- 19(b), the dog shall be euthanized within seventy (72) hours of the final vicious dog declaration. Following Mr. Bernard's presentation, a lengthy discussion regarding fee structure, and what the impact on administration and on enforcement officers would have, and how to notify the public regarding the ordinance. Mr. Bernard said each animal control officer would have informational flyers in their vehicles, and the flyers would be available at alert centers, possibly there will be inserts in water bills, staff will work weekends the first couple of weeks, they would do public service announcements, and flyers will be handed out at Animal Services. The Board agreed that communication and education on the ordinance will be the key factor. Vice Mayor Hurst asked for the ordinance to be reviewed at least once every two years. Kaye Risser, was not present, but turned in a card stating she was in favor of the ordinance. Rick Daze stated he was In favor of the ordinance. Taco Williams, asked the Board how they could pass an ordinance not knowing how it will be enforced, what the long term costs will be, and the cost for staffing for the extra work would be, and where it would come from. She stated there is no clear defined way of enforcing the ordinance. Ms. Williams asked the Board not to pass the ordinance, and to look at these questions, before considering the passage of the ordinance. Emily Pennel, stated she is involved with animal rescue, and has a special place for pit bulls as a pit bull was one of her first rescues. She stated that a lot of owners get them for status symbols. The dogs end up in dog fighting rings. She felt this ordinance will make it safer for children, and for dogs that end up in dog fighting rings. Tommie Goins, did not speak, but turned in a card indicating he was against the ordinance. Nicole Goins, turned in a care indicating she was against the ordinance but did not wish to speak. Nicole Patterson, stated that in her neighborhood there are at least six pit bulls, all are tied up, and secured. She said she owns a pit bull and her dog is playful, and not all pit bulls are dangerous. 10 Little Rock Board of Directors Meeting — Minutes — February 19, 2008 Tennile Watts, stated that her son had both legs ripped open by pit bulls, which were supposedly playful, and would not bite anybody. She was pleased that the city is making progress, and it will teach the owner responsibility. Her only problem is that the ordinance is not strong enough. She felt this is more of a registration process, and does not focus on the safety of children. She was disappointed that the muzzle requirement is not in the ordinance, and no requirement that the owner have liability insurance, and stiffer punishment for severe bodily injury to a person or another animal. Roger Schnyer, stated he was fighting for people's right to own and breed the kind of dog they want. He said he is fighting for pit bulls, and breed specific targeting is wrong. He thought this ordinance is not legal. He indicated there are lawsuits being filed, and the breed specific legislation is being overturned. John Yarbrough, a member of the Animal Services Advisory Committee, believes this ordinance is the correct way for Little Rock to deal with this problem which is either banning or regulating. He said animals suffer because of irresponsible owners, and thought this was the best solution for the City of Little Rock. Troy Laha said he thought he was speaking for a ban, and said he had bitten twice by pit bulls. He told of personal experiences with pit bull dogs. He said pit bulls will climb over fences and attack people and other dogs. Mr. Laha said he was for an outright ban, but will see how this works. Angela Leake, spoke in favor, saying she was a member of the Animal Services Advisory Board. She said this ordinance address all the dangerous dogs in the City. It punishes the bad, not the good. The Animal Services Officers have a law now, and can take vicious dogs and punish irresponsible owners, and city will be safer. Terry Allen, said he believed this was a fairly good compromise. He said he disagreed with some of it, but will support this as best he can. Kimberly Landrum, Little Rock Animal Services Advisory Board, feels they group brought together a good compromise, and agreed that maybe it should be looked at every year or so. Marla Zornow, spoke in opposition, but was impressed with what has been done, but would like to expand the list to all dogs in the city, and also cats. She felt Animal Services should patrol, and all the districts should be patrolled and Animal Service Officers need to be visible, ticketing and fining irresponsible owners. She asked the Board to look at the Canadian Ordinance, as it has been proven. Pam Adcock, State Representative, stated she was never for specific breed legislation, and was upset over the muzzling of the animal being taken out of the ordinance because she felt that it was proactive. She requested as an Advisory Board Member, that the fees collected go to the Animal Services Division exclusively to afford more officers. Bob Nelson spoke in opposition, saying he feels the ordinance does not go far enough. He was not sure if proof of insurance would be required to register the dog, but thought it should be included. He thought this would be a means of financial recovery to a person who might be attacked. Mayor Stodola said this ordinance was designed to strike a balance between the responsible and the irresponsible owner. Director Adcock publicly thanked Deborah Weldon, City Attorney, who worked tirelessly on this ordinance. A roll call voted was taken and recorded as follows: Directors Keck, Kumpuris, Fortson, Adcock, Hendrix, Richardson, Cazort, Wright, Wyrick and Vice Mayor Hurst voted in favor of the ordinance. The ordinance and emergency clause were passed. 11 Little Rock Board of Directors Meeting — Minutes — February 19, 2008 18. RESOLUTION - Deferred to 03 -04 -08 - Directing the City Attorney's Office to institute a Declaratory Judgment Action against Pulaski County in order to determine the duties and obligations of the County with respect to the Pulaski County Regional Detention Facility ( "PCRDF "), to determine the County's obligations under the Memorandum of Agreement between the City of Little Rock and the County with respect to the Pulaski County Regional Detention Facility; and for other purposes. Director Adcock asked if there had been any movement on this issue. Mayor Stodola stated that Sheriff Holladay has stepped forward and is going to ask the Quorum Court to fund the repair on Pods A & B of the old jail out of public safety funds. It does not add any increased number of beds. Mayor Stodola stated he has made some suggestions in terms of short term approaches to provide some short term funds, and Sheriff Holladay had been open to that. He said he has met with Dr. Hathaway also, and this approach is going to be suggested to the Quorum Court. Director Kumpuris stated this does not address federal prisoners or medical care. He said there is a 4.8 million dollar carryover at the County, and would like to not fight with them about this, but it looks like a band -aid is being put here and there, and everything is a one year solution, and the City is the biggest financial supporter, and he would like to see Sheriff Holladay to come over and address these issues. He stated that everyone needs to get on the same page or at something different needs to be looked at. Mayor Stodola stated the plan does look at a long term plan of having 1530 beds, but it does not address financing or operational plans, and does not address how these needs get funded. Mayor Stodola said he did not see the county moving forward to figure out the needs for the capital to add beds through bonded indebtedness. Director Kumpuris asked if the County is going to look at how to take care of a regional facility, or is each entity going to have to do something on their own. He said he knew about the county's carry over in December, and they are just acknowledging it in February. Director Keck made a motion to defer Items 18, and 19, seconded by Director Cazort. By unanimous voice vote of the Board Members present, the motion carried. During Citizens Communications, Mr. Troy Laha thanked the City Crews for removing storm debris in the Southwest Little Rock area in such a quick efficient manner, and thanked them for a great job. Director Hendrix stated they received the same service in Ward 1. Mr. Moore acknowledged Mr. Steve Beck the new Public Works Director. A motion was made by Director Cazort, seconded by Director Keck to recess the meeting to reconvene next week to take up the matter of Board and Commission Appointments. By unanimous voice vote of the Board Members present, the meeting was recessed. 19. EXECUTIVE SESSION & RESOLUTION - Deferred to 02 -26 -08 - To make appointments to the following City of Little Rock Boards and Commissions; and for other purposes. Synopsis: Animal Services Advisory Board, Board of Adjustment, City Beautiful Commission, Construction Board of Adjustments and Appeals, MacArthur Military History Museum Commission, Midtown Redevelopment District No. 1 Advisory Board, Parks and Recreation Commission, Racial and Cultural Diversity Commission, Sister Cities Commission, Zoo Board of Governors, Arts and Culture Commission, and Arkansas Museum of Discovery 12 Little Rock Board of Directors Meeting — Minutes — February 19, 2008 A motion was made by Director Cazort, seconded by Director Keck to recess the meeting to reconvene next week to take up the matter of Board and Commission Appointments. By unanimous voice vote of the Board Members present, the meeting was recessed. ATTEST: 7,Aazwv &ZzZ Nan y Wo MC City Clerk( APPROVED: G Mark Stodola Mayor 13