Fort Smith Board OKs food truck rules, new budget format, sewer hiring

There was no disagreement Tuesday (May 19) on adopting new rules for food trucks in the city, but members of the Fort Smith Board of Directors were not in complete agreement over a change in how the city manages its budget, and hiring associated with the city’s federally-mandated program to improve the sewer system.

Wally Bailey, director of development for the city of Fort Smith, said the proposed mobile food truck ordinance is a result of several months of city staff and the Fort Smith Planning Commission studying ordinances of other cities and meeting with those who own food trucks.

The new rules would allow mobile food trucks in the downtown Fort Smith area, which is zoned C-6, and in “moderate” use industrial areas zoned I-2. Key features of the new ordinance include:
• Downtown parallel parking spaces for mobile foods trucks would be available from 9 p.m. to 2 a.m. to capture after hours customers after restaurants close;
• Exemption of non-profit events if operating at a site less than five consecutive days;
• Mobile trucks must be at least 300 feet from a public or private school;
• Permits would be issued annually instead of just for 120 days, with the annual permit also allowing for multiple locations; and
• Insurance with higher coverage levels for mobile food trucks operating in a public right of way.

Bailey said in November he plans to return to the Board with a six-month analysis of progress on implementing the new rules. Prior to the Board vote, Bailey also said the Planning Commission unanimously recommended the Board approve the new ordinance.

Director Tracy Pennartz said the new rules should have a “positive impact” with events and festivals in the city. She also thanked Bailey for planning to return to the Board with a 6-month update. Director Kevin Settle said he hears much support for new food truck rules, but was disappointed that Arkansas law does not allow food trucks on Garrison Avenue – a state highway – in downtown Fort Smith. Settle suggested to other Board members that they work with the city’s legislative delegation to see if a change in state law is possible.

With no other discussion, the Board approved the ordinance by a 6-0 vote. Director George Catsavis did not attend Tuesday’s meeting.

Bailey said the work begins to put the new rules in place.

“Now we just get into the implementation phase and hopefully it will be what everyone expects it will be,” Bailey told The City Wire after the Board approved the ordinance.

He said updating the mobile food truck ordinance was a goal set in the Fort Smith Comprehensive Plan approved in 2014 by the Board.

FINANCIAL POLICIES
Several members of the Fort Smith Board have during the past few months battled Fort Smith Mayor Sandy Sanders and city staff over the city’s budgeting method. Some of the Board members prefer a “structural” method they say presents a real world financial picture. The city now uses a “cyclical” method that factors in fund balances from previous years.

City Finance Director Kara Bushkuhl has noted in a memo to the Board that advantages of a cyclical budget include familiarity, conservative revenue estimates, multi-year perspective provides better future financial planning, spending for actual needs, and avoids negative changes in service levels because of changes in available funding. Her note did say a disadvantage of this budgeting is the possibility of “spending above current year revenues.”

Sanders said Tuesday night he has a “significant problem with changing from our current form of budgeting.” He said the existing budget method is “long-standing and (a) very effective budgeting process.” He rejected concerns that existing budgeting process does not provide flexibility and does not allow the board to see real status of funding levels. Sanders said the Board should consider some changes to how the city budgets, but he was not supportive of “a wholesale change.”

However, the Board voted 4-2 for changing the budget format, with Directors André Good and Don Hutchings against the plan. In moving to the next item on the agenda, Sanders said: “Thank you. We may be discussing this again.”

SEWER SYSTEM SUPPORT
As part of an estimated $480 million in federally mandated sewer system improvements between now and 2026, the Board was asked Tuesday to approve the funding for hiring 28 people to improve the city’s “Capacity, Management, Operations and Maintenance” (CMOM) programs. The 28 new jobs would be realized in 2015, and are part of a plan to hire 75 new people by fiscal year 2017.

Speaking to Utilities Director Steve Parke, Director Settle reiterated his opposition to hiring people to comply with the federal order.

“I just don’t have confidence, Steve, that this is the way we should be going,” Settle said, adding that if the city was in the private sector “we’d be going out of business.”

Settle also questioned what happens when Parke retires and his successor has a different opinion about how to comply with the federal order.

Director Hutchings and Mike Lorenz disagreed with Settle, saying that hiring more people may not be popular but it is required to meet the federal order. Lorenz said the vote to fund the 28 new positions doesn’t mean that all 75 positions will be filled, but it is the best thing to do to “fix the problems that we’ve got.”

Only Settle voted against the primary ordinance funding the new positions.