Highlights of the Fort Smith Board of Directors Meeting 11/1/22
The Fort Smith Board of Directors meeting held 11-1-22 with Directors Dawson and Morton attending remotely began with a unanimous vote to approve an additional levy based on a supplemental annual assessment for property owners in the Central Business Improvement District. This levy was voted on in response to a petition requesting it that was signed and submitted by some property owners in the CBID. The wording would allow for a levy of up to 10 mils on the assessed value of each property with a cap of $10,000, but the CBID only intends to levy 8 mils in 2023. The 8 mils would bring in an estimated revenue of $280,000. The money would be used to fund a “clean and green” project of improved landscaping, maintenance, and repairs to improve the appearance of the district. It would also be used to hire 2 more Downtown Ambassadors. The Police Department would provide the uniforms and equipment for the Ambassadors.
Director Settle asked what hours the new Downtown Ambassadors would be patrolling the area. Bill Hanna from the CBID answered that the details on that are still a work in progress. Deputy Administrator Dingman clarified that the current Downtown Ambassador patrols on weekdays and the plan is for the additional Ambassadors to expand patrols to during the evenings and weekends.
The Board voted to add a new type of zoning district to the Unified Development Ordinance (UDO). This new zoning would be Medical, Educational, Office, and Scientific (MEOS). It would be a zoning for large administrative, medical education, and research facilities in medium to high density areas. The designation is for the development of facilities for Arkansas Colleges of Health Education. Director Settle asked for clarification if this designation was just for ACHE only. Planning Director Rice clarified that yes it would be used for ACHE owned properties exclusively. Director Martin asked if this was unusual for a college to have their own zoning type. Rice answered that it was not uncommon for colleges and Universities to have their own like that. She added that UAFS does not have one of its own because as a part of the state-wide University of Arkansas system it is exempt from zoning regulations. The vote to approve the change was unanimous (except for Director Morton who recused himself from the vote because he is a member of the ACHE Board of Trustees).
The Board voted unanimously (except for Director Morton who recused himself again for the same reason) to rezone property in Chaffee Crossing for the ACHE Heritage Campus and at 1000 and 1001 Fianna Way for the ACHE Research Institute as the MEOS district zoning classification.
The Board voted unanimously to approve rezoning for a 1.1 acre undeveloped lot at 6230 Riley Park Drive to facilitate the development of 4 new duplexes.
The Board voted unanimously to approve an amendment to the Unified Development Ordinance (UDO) allowing the Board of Directors to put time limits for developments on properties that receive Planned Zoning District rezoning approval (time limits are already included in conventionally zoned districts)and an amendment to the UDO removing the language about night watchmen sleeping on premises zoned industrial since the recent approval of accessory residential dwelling units makes that wording obsolete.
The Board voted unanimously to approve changes to the UDO that will implement parking maximums for all land uses except residential and hotels and will reduce parking minimums, and require Commercial and Multi-Family properties to have one bike rack for holding a minimum of 2 bikes for each 20 parking spots, and require one 8 ft wide tree island for each 20 parking spots. The parking minimums and maximums are based on the recommendations from the American Planning Association.
The changes to the parking requirements were proposed to help reduce the negative impact of parking lots on drainage, to encourage alternate modes of transportation, to improve the inviting appearance of the environment, to reduce the costs of development, and to reduce wasted real estate.
Fort Smith resident Bobby Aldridge spoke commending Planning Director Rice and the Planning Commission for their hard work on crafting the amendments and expressed his support for the changes saying they are something the “city’s been needing for a very long time”.
Director Martin called the changes a “significant improvement for the city” and said he “wishes we would have had it 20-30 years ago”. Director Settle called the changes a “great opportunity to make some changes” and mentioned the opportunity for developers building businesses to have more room for the footprint of their building instead of having to use that space for excessive parking spots.
The Board voted unanimously to approve an official city seal. The city had not had an official seal previously, with multiple never officially approved versions having been used in the past. Rego called establishing the seal “something that professional serious cities do” and praised Rightmind Advertising for their work on the seal and other new official city branding components and guidelines.
The Board voted unanimously to approve the new official city logo. The new design draws heavily from the previous design but is optimized for digital use. The Board also voted unanimously to approve the City Branding and Style Guide.
The Board voted unanimously to give free parking at the meters from November 25, 2022-January 6, 2023. The free parking for the holidays has been done since 2016 and is intended to support shopping local business during the holiday season. Waiving the meter fees is estimated to cost $5000 in revenue loss.
The discussion of free parking for the holidays inspired Director Rego to spark discussion about doing away with paid parking downtown all together. He has brought up his support for removing the meters at votes about the holiday parking in previous years. He expressed his view that the positive things used to justify the free holiday parking would still apply all throughout the year. Director Catsavis agreed with Director Rego and said of the meters he “would like to pull up and just get rid of them”. The issue of removing the parking meters entirely will be added to a future study session meeting agenda.
The Board voted unanimously to approve the purchase of a John Deere model 950K Crawler Dozer for the landfill. The dozer will cost $816,950, but it will not require any new funding because it will be paid for with the money being refunded after the Caterpillar D8T dozer that was previously approved and paid for ($837,350) and delivered in September was discovered upon inspection when it arrived to be an improper model that will not work for the intended purposes at the landfill and Riggs Caterpillar was willing to take it back and refund the City. Because it would take over 12 months to get a model of Caterpillar that is proper for the job, the similar John Deere brand model from Stribling Equipment has been selected instead.
The Board voted unanimously to use the Flooded Residence Buyout Program, a program to purchase properties when the cost of buying the property is less than the cost of the public drainage improvements needed to reduce flooding, to purchase a house at 606 Martin Drive for $127,000.
The Board voted unanimously to approve purchasing a Coalition cybersecurity insurance policy from Brown Hiller Clark for $114,920.
Director Morton agreed with the need for a cyber insurance policy but expressed frustration at the short notice given to consider the policy and other options. He said that there ought to have been a study session on the topic. With the provider chosen being a change from last year’s provider and at a higher price, he inquired what happened with the previous provider. Administrator Geffken responded that the previous policy paperwork had been filled out with erroneous information and that when this year’s renewal paperwork was filled out with the correct information the provider was no longer interested in renewing the policy and providing coverage to the City. He added that the city did work with Phillip Merry of First Western who is contracted to consult on insurance coverage and that he found a policy from Crum & Forster, but it was not as beneficial as the one selected. Director Morton expressed surprise that the inaccurate information was submitted to the insurer and called that “disappointing”. He however expressed his support for purchasing this policy. Director Martin agreed that a study session should have been held on the topic (and added that he’d have liked to have had one on the CBID levy issue,too). However, he said “we do have to move forward on this”. A discussion about this insurance policy after the fact and about the mistake that occurred with the paperwork on last year’s will be added to a future study session meeting agenda.
Director Settle pointed out that the Arkansas Municipal League (AML) insurance that was used prior to last year’s switch to Travelers included cybersecurity coverage where Traveler’s does not. He expressed displeasure with having to spend more money because of the decision to change providers. Director Good mentioned that the point in spending money to contract an insurance consultant was intended to save money by looking for the best providers and deals and added that “based on what Settle said, the number aren’t lying”. Director Morton said he would have liked to see “an apples to apples comparison” between AML coverage and this policy. Director Good brought up that Director Settle serves in a position with the Arkansas Municipal League organization. Director Settle clarified that he is a member of the AML Executive Committee but that he is not involved at all in the insurance. He said his stance is “all about saving citizens and tax payers dollars”. Director Morton said that decisions about insurance policies “better be about quality not cost”.
The Board voted unanimously to approve a resolution directing the City Administrator to initiate the necessary actions to start building the second National Fitness Campaign (NFC) outdoor fitness court. The second one would be similar to the new one just opened near Creekmore Park but instead of the graphics featuring the work of Jean-Michel Basquiat this one would feature the art of a local artist.
Jurena Storm with the Mayor’s Office mentioned the successful ribbon cutting of the Basquiat court. She said that the Basquiat court was originally estimated to cost $221,000 and only ended up actually costing $218,000, so that leftover $3000 will be used toward the construction of the second court (estimated to cost $149,985). The second court will be located on the riverfront between the Community School of the Arts and the US Marshals Museum. Director Martin inquired about how the court will be funded. Storm answered that like the first one that was funded entirely by donations they are soliciting donations for this one. She said “we have quite a few commitments on the table” already. The court will not be built with city funds.
Director Rego mentioned driving past the newly opened Basquiat course frequently and seeing how it is already being used frequently. He said he “looks forward to the next one”.
Director Settle asked about how the local artist will be chosen. Storm explained that there will be a call for art publicizing the opportunity to be featured. There are guidelines from the NFC that the artists will have to follow. And the color blue has been chosen for components not covered in the art, so the art will need to look good paired with blue. Artists will have 30-45 days to submit their drawings. The Parks and Recreation Commission will pick the top 3 and those will be sent to the NFC for approval. If the NFC like all 3, the Mayor will pick the winner from the 3.
During the Officials Forum portion of the meeting, Director Rego called for a study session to discuss a road safety concern near Fairway and Market Court that he’s heard from citizens. Director Martin voiced his agreement saying the “concerns are very valid” and we “need to do something”. The topic will be added to a future study session agenda.
Director Martin brought up the complaints he’s been hearing from citizens about loose animals and expressed his desire to discuss and take action on animal issues. Director Catsavis chimed in that the animal issue is already set to be on the agenda for next Thursday’s study session.
Director Martin expressed having heard a lot of concern from citizens about drivers running red lights. Director Settle mentioned that in the last Arkansas State Legislature session Representative Jay Richards introduced a bill to change State law to allow for red light cameras that only take a picture of the back of the car and license plate (not the person inside) and send a ticket in the mail, but that the bill died in committee. Settle expressed his hope, though that a bill on the topic might be introduced again in the upcoming session. Administrator Geffken and Police Chief Baker clarified that the current state law does not allow red light or speed cameras and says that police must visually see the car making the infraction and hand the ticket to the person in person. Director Rego called running red lights a “huge problem” and asked if there might be a solution somewhere between nothing and cameras. Director Martin asked if a light could be added to indicate visually when someone runs the light (similar in concept to the signs around town that let you know if you are speeding). Geffken was concerned about how the law making it so that if you entered the intersection with any yellow light whatsoever left it is not considered running a red light making it complicated to indicate. Chief Baker said that he has seen flashing lights on top of signals to indicate red light running in other states. He said that the Police Department has been doing public awareness campaigns on the issue and “aggressively enforcing this particular issue” and that they have been working with State Representatives to try to craft a law allowing red light cameras that is more palatable and more likely to be passed (including limits on how many cameras can be active at one time, using hard data to show that a camera is needed at a specific light, etc.)
