Fort Smith Board nixes apartment plan, tables animal rules

The Fort Smith Board of Directors approved the Vote for Automated ballot initiative Tuesday night (Sept. 4) at its regularly scheduled meeting, and showed solidarity in opposing a multi-family development plan for 900 S. Waldron Road.

As part of a packed agenda, the board also indefinitely tabled ordinances from the Animal Services Advisory Board and officially accepted annexation of certain areas within Ben Geren Regional Park for use in the planned aquatic center and softball field additions.

The lone dissenter in the board’s 6-1 approval of Vote for Automated for the Nov. 6 ballot was Ward 1 Director Steve Tyler, who is not seeking reelection. Tyler had been an opponent of automated leading up to his vote-switch Aug. 23. On Tuesday, he stood alone in opposition to the confirmation of a petition organized by Fort Smith resident Joel Culberson and signed by close to 3,000 supporters.

“I just thought it was redundant,” Tyler said. “I don’t know why the citizens have to vote on it when the board already (did).”

Prior to his No vote, Tyler joined Fort Smith Director Philip Merry in opposition to a resolution accepting bids for the purchase of 65- and 95-gallon recycling roll-out containers (an estimated expense of $206,755) by the Fort Smith Sanitation Department.

When asked about this vote, Tyler again thought it was “redundant” and pointed to his last vote from Aug. 23.

“I didn’t realize when I voted on that they were going to — that it was already a done deal. I thought if the citizens voted not to go automated, then the board would automatically come back and say, ‘Hey, let’s go back to the hybrid system,” Tyler said. “If for some reason the citizens voted against the referendum, that the board would automatically come back — well, not automatically — but it would certainly be a subject for the hybrid. I don’t know what the odds of that happening are, but it’s just a possibility. It’s kind of like the cart before the horse. If the petition had been taken down, we would have to go ahead (with the automated). The board approved it. Now there’s a question of what if the citizens vote against it?”

It’s uncertain where Tyler’s confusion originated. Merry made his vote clear at the meeting in August, addressing the question of whether his motion to finish automated expansion would be as the petitioner had set forth.

“Yes,” Merry said.

Merry’s reasoning was that “an unusual amount of input” had come to him that “these people (non-automation supporters) want to move on.” Merry added that “compromises have been tried, and unfortunately they didn’t work out. I’m a messenger, and it’s not representative. But it’s time to move on. There’s nothing hidden. Please take it at face value.”

LOST APPEAL
Prior to revisiting the waste collection issue, the board voted unanimously to deny an appeal from developers Rocky Walker and Aaron Wirth for a multi-family development plan to be located at 900 S. Waldron Road. It was the second time Walker and Wirth had been rejected in less than a month for the 56-unit apartment complex.

The first time came on Aug. 14 at a meeting of the Fort Smith Planning Commission. When Walker and Wirth filed their appeal, the item was automatically added to Tuesday night’s agenda. But while the venue had changed, the outlook did not.

One main reason for the Planning Commission’s denial was that the “proposed development would not be consistent with areas established development patterns and character. It fails to respect the context of the surrounding neighborhood,” according to a letter from Fort Smith Director of Development Services Wally Bailey, who wrote to the developers on Aug. 15.

Attorney Tom Robertson, speaking for more than 30 opposing area residents in attendance, added that the citizens opposed the development on concerns of drainage, traffic, safety and devaluation of their properties.

Walker disagreed, pointing to a portion of City Attorney Jerry Canfield’s letter, which stated that “argued incompatibility of the development plan with other, nearby properties, are not appropriate factors in performing development plan review under the section.”

Walker also countered the traffic argument by stating that two studies conducted by Traffic Engineering Consultants, Inc., in 2010 and 2012, found “virtually no effect on the intersection of Waldron Road and Free Ferry” (2010) and that traffic had decreased in the two years since.

Ultimately, directors chose to stand by the Planning Commission’s decision, citing parking and density concerns. Merry added that “a high regard and concern for the neighborhood and nearby investment guides my path.”

ANIMAL CONTROL TABLE
Also Tuesday night, the board voted 7-0 to table indefinitely two pending animal control ordinances following a motion from Merry, which was seconded by Fort Smith Director Kevin Settle. Along with the tabling, Merry asked that the Animal Services Advisory Board (ASAB) consider “the current leash law that exists and offer monetary rewards and incentives for citizens, whose animals are spayed and neutered at the time they are apprehended.”

Merry also wanted the ASAB to consider giving violators “an option within 30 days to spay and neuter” in order to escape paying a fine.

“Reward those, who’ve done their job at the time it (the animal) is apprehended, or if they haven’t, give them the choice of 30 days to see if they want to spay and neuter of their own accord or pay the fine,” Merry said. “And we are hopeful that if a person wants their animal to stay intact and can’t pay the fine, that they be allowed the privilege of working in an area shelter, where perhaps they can be given a desk job, and read and learn about the issue.”

ANNEXATION
Tuesday night’s annexation of certain land from the Ben Geren Regional Park (previously owned by Sebastian County) for construction of two new softball fields and an aquatics facility at Ben Geren has brought the city one step closer to following through on plans enabled by the 1% sales tax extension that voters approved in March.

The aquatics facility has an estimated opening date of Memorial Day Weekend 2014, while the opening date for the softball fields is yet to be determined.