Fort Smith Board of Directors Regular Meeting - August 5, 2025

The Fort Smith Board of Directors held a regular meeting on August 5, 2025, at 6:00 p.m. at the Blue Lion, 101 North 2nd Street. The board considered seven items of business, including zoning changes, donation of a city-owned pavilion, removal of downtown parking meters, and settlement of a FOIA lawsuit. All votes were unanimous except for one on the consent agenda.

Consent Calendar

• 8A: Resolution authorizing a three-year agreement with Heartland Business Systems for cybersecurity software, licensing, and maintenance ($600,121.95 total, budgeted in Information Technology operating funds). Approved 6-0.
• 8B: Resolution authorizing purchase of a physical access control system for the City Maintenance Facility at 3900 Kelley Highway ($91,048.83, budgeted). Approved 6-0.
• 8C: Resolution approving an Agreed Order to resolve Marilyn Moore v. City of Fort Smith (Case No. 66FCV-25-893). Pulled for separate vote. Passed 5-1 (Director Kemp opposed).

Public Comments & Testimony

• Marilyn Moore (plaintiff in FOIA lawsuit) explained her request for records about potential water supply for a proposed Franklin County prison, criticized the city’s initial response, and urged approval of the settlement. She stated the city admitted to FOIA violations.
• Crystal Cadelli echoed concerns about transparency and honesty in city leadership, urging the board to be thoughtful in its decisions.

Discussion Items

• Item 1 – Rezoning 301 South E Street (Riverview Hope Campus): Ordinance rezoning 7.11 acres from Industrial Light (I-1) and Industrial Moderate (I-2) to a Planned Zoning District (PZD). The PZD creates two new land uses: homeless shelter (indoor expansion) permitted by right, and homeless shelter (exterior modifications) requiring conditional use approval. A neighborhood meeting on June 25, 2025, had no attendees. The Planning Commission voted 8-0 to recommend. The board adopted the ordinance (6-0) and the emergency clause (6-0).
• Item 2 – Transfer of Hope Park Pavilion: Ordinance declaring an exceptional situation to waive competitive bidding and donate the city-owned metal frame pavilion (approx. 65' x 25') from 14 N. H Street to Riverview Hope Campus. The pavilion will be relocated to 301 S. E Street for use as a shaded shelter. All costs of relocation are borne by Hope Campus. Adopted 6-0.
• Item 3 – Waiver of Building Permit Fees: Resolution waiving building permit and construction inspection fees for the pavilion relocation at Hope Campus. Estimated fees were minimal (approximately $100–$500). Adopted 6-0.
• Item 4 – Rezoning Preston Court (Stone Ridge Subdivision): Ordinance rezoning six lots (10405–10427 Preston Court, 2.14 acres) from Residential Single Family High Density (RS-4) to Residential Single Family Duplex High Density (RSD-4) to allow construction of six duplexes. Neighborhood meeting on June 25 had no attendees. Planning Commission voted 7-0 (one abstention) to recommend. Adopted 6-0 with emergency clause (6-0).
• Item 5 – Rezoning 4900 Spradling Avenue (Event Center): Ordinance amending the Master Land Use Plan from Residential Detached to Mixed-Use Residential and rezoning 0.55 acres from Residential Multifamily Medium Density (RM-3) to a PZD to allow an event center in a former church building. Two neighborhood meetings (April 17 and June 25, 2025) had five attending neighbors in support. Planning Commission voted 8-0 to recommend. Adopted 6-0 with emergency clause (6-0).
• Item 6 – UDO Amendments (Extraterritorial Jurisdiction): Ordinance amending the 2019 Unified Development Ordinance to remove sections referencing extraterritorial jurisdiction and planning areas, in compliance with Act 314 (effective August 4, 2025). Planning Commission voted 8-0 to recommend. Adopted 6-0 with emergency clause (6-0).
• Item 7 – Removal of Parking Meters Downtown: Ordinance repealing metered parking regulations (Chapter 24, Article IV, Division 3), providing for removal of all parking meters, and enacting new signage for limited 30-minute parking for county business only on streets adjacent to the Sebastian County Courthouse (Parker Avenue, Rogers Avenue, and South 6th Street), enforced by Sebastian County. The board had waived meter fees for nearly two years without negative impact. Adopted 6-0.

Key Outcomes

• All ordinance and resolution votes passed with 6-0 margins except the FOIA settlement (5-1).
• Item 8C (FOIA Settlement): The agreed order admits the city violated FOIA by failing to timely produce records and incorrectly stating no responsive documents existed. The city agreed to pay $1,500 in attorney fees and $271.40 in costs. Director Kemp voted no, stating he believed the city had not acted with ill intent and that the documents provided after the lawsuit were not material.
• During officials forum, updates were provided on a mandatory water conservation order following a major water line repair. The 24-inch pipe was repaired by 11:30 p.m. on August 4, but the system needs a few days for disinfection and refilling the water tank. Phase two restrictions (no filling pools, no washing vehicles except at commercial car washes, etc.) are expected to be lifted by weekend or early next week. Board members thanked city crews for their rapid work.
• The board confirmed a special meeting on August 7, 2025, and a strategic planning workshop on August 22, 2025, at 8:30 a.m. at 524 Garrison Avenue (Area Agency on Aging, 7th floor), though Mayor suggested the Blue Lion as an alternative.
• A pending item to review a contract with SGR for executive search services was removed from the pending list by consensus, as the board decided to use different search firms.