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SEPTEMBER 2023 REGULAR City of Van Buren, Arkansas Minutes of the Regular Monthly Meeting of the City Council Monday, September 25, 2023 Van Buren Municipal Complex CALL TO ORDER 5:30PM The regular monthly meeting of the Van Buren City Council was called to order by Mayor Joseph P. Hurst at 5:30PM. Reverend and City Attorney Jacob Howell led the invocation. Mayor Hurst led the Pledge of Allegiance. ROLL CALL 5:33PM Present: Council Member Madison Simmons, Council Member Kenneth Bell, Council Member Mike Kneeland Council Member Tyler Wood, Council Member Matt Dodson, Council Member Tonia Fry, Mayor Joseph P. Hurst, City Attorney Jacob Howell, City Clerk-Treasurer Shawnna Reynolds Absent: None PRESENTATIONS -AWARDS John Pope 2023 KVBB Award CONSENT AGENDA 5:32PM After determining there were no reported objections or unfinished business, Council Member Tyler Wood moved to approve the consent agenda which consisted of: o Minutes from August 28, 2023, City Council Meeting o Street Closures: ■ The Vault—concerts o Resolution 09-01-2023 Fixed Asset Disposal o Resolution 09-02-2023 Final Plat for Legacy Creek Phase II o Financial Statements o Department Reports Motion was seconded by Council Member Matt Dodson. All in favor. None opposed. Consent Agenda approved. NEW BUSINESS 5:33PM Resolution 09-03-2023 Amending Res#05-03-2023 Steve Beam Construction Kyle with Hawkins-Weir stated that there is a need for change order number one to add curb and gutter to the original bid of$1,129,654.00 for 2023 Street Improvements. The cost of the new bid for the 2023 Street Improvements will change from $1,129,654.00 to$1,134,694.00. Motion to adopt Resolution 09-03-2023 made by Council Member Tyler Wood. Seconded by Council Member Tonia Fry. Roll Call. All in favor. None opposed. Resolution 09-03-2023 Amending Res#05-03-2023 Steve Beam Construction is adopted with six yeas and no nays. Resolution 09-04-2023 Accepting Bid for Street Dept Project The Street Department bid for Norris Material &Supply for purchase of a metal building in the amount of$71,443.00. This was approved in the ARPA budget for 2024 and is being purchased. Motion to adopt Resolution 09-04-2023 made by Council Member Tyler Wood. Seconded by Council Member Kenny Bell. Roll Call. All in favor. None opposed. Resolution 09-04-2023 Accepting Bid for Street Dept Project is adopted with six yeas and no nays. Ordinance 26-2023 Levying the Millage Tax for 2023 Mayor Hurst stated that this is an annual ordinance that has been voted on since the 1940's that agrees to assess a tax for the library and property taxes with the county. This ordinance was then filed with the county clerk and presented to the quorum court. Motion to adopt Ordinance 26-2023 made by Council Member Tyler Wood. Seconded by Council Member Mike Kneeland. Roll Call. All in favor. None opposed. Motion to approve the Emergency Clause was made by Council Member Tyler Wood. Seconded by Council Member Matt Dodson. Roll Call. All in favor. None opposed. Ordinance 26-2023 Levying the Millage Tax for 2023 is adopted with six yeas and no nays. Ordinance 27-2023 Rezone for 410 Northview Drive Planning Department Head Wally Bailey stated that this property has been zoned R1 for years with commercial use being what it has been used for forty plus years. The Planning Commission reviewed the application and approved with a unanimous vote that C2 is used int he general area and this should be changed from R1 to C2. Motion to adopt Ordinance 27-2023 made by Council Member Tonia Fry. Seconded by Council Member Madison Simmons. Roll Call. All in favor. None opposed. Ordinance 27-2023 Rezone for 410 Northview Drive is adopted with six yeas and no nays. Ordinance 28-2023 Drainage Standard Amendments Planning Department Head Wally Bailey stated that much has changed in the understanding of drainage standards since 1980. An outside engineering firm helped re-write the drainage standards and the engineering requirements. The current standard was incomplete with 15 charts and graphs that are no longer used. Motion to adopt Ordinance 28-2023 made by Council Member Tonia Fry. Seconded by Council Member Matt Dodson. Roll Call. All in favor. None opposed. Ordinance 28-2023 Drainage Standard Amendments is adopted with six yeas and no nays. Miscellaneous and General Discussion 6:15PM Mayor Hurst mentioned that the 2022 ARPA Audit with Hubbs &Whitehead was successful with no findings. Expected to have one or possibly two more for the remaining ARPA funds. Mayor Hurst opened the floor for discussion regarding the proposed "dog ordinance". The proposed ordinance is 25 pages in length. A motion was made by Council Member Tyler Wood to read the proposed ordinance by title only. Seconded by Council Member Kenny Bell. Roll call. All in favor. None opposed. Planning Department Head Wally Bailey made a presentation for discussion,with public input of the highlights of the changes made to the proposed ordinance since the presentation in August 2023. Highlights of the ordinance will include but not be limited to: 1. Nothing mandates microchipping or spay/neuter of animals. 2. Propose changing the dog license fee from $5.00 unaltered dog and $10.00 altered. 3. Dogs six months and older will be required to have a license 4. Can't transfer one license to another pet 5. Rabies shots can be obtained as early as four months 6. Breeder license will be required along with a permit location 7. Defining of how to humanely keep dogs 8. Defining of how to tether dogs 9. Nuisance feeding will be prohibited 10.Violation fee is now charted in the ordinance A public discussion was had in which questions were asked and Mr. Bailey was able to pull up the response in the proposed ordinance. There was a lot of discussion regarding barking dogs and when they are considered a nuisance. Mayor Hurst expects there will be changes each month this ordinance is read. Discussion was had regarding how to get the new information out to the public. Thoughts are advertise on websites, shelter,veterinarians,word of mouth. Citizens will have a grace period once formally adopted. There was also a suggestion of putting a notice in water bills. i ADJOURNMENT 6:49PM Council Member Madison Simmons made a motion to adjourn,seconded by Council Member Tyler Wood. The motion passed 6- Regular Meeting of the Van Buren City Council was adjourned at 6:49PM. UVan k ATTESTED: APPROVED: Shawnna M. eynolds os ph P. Hurst City Clerk-Treasurer Mayor i i l i i r 1 fbf