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01 January 2018 Regular MINUTES OF THE VAN BUREN,ARKANSAS CITY COUNCIL MEETING JANUARY 22,2018 The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, January 22, 2018 at City Hall. The meeting was called to order by Mayor Freeman. On roll call, the following Council members answered as their names were called: Council Member Wood, Sparkman, Kneeland, Petty, and Swaim. City Clerk-Treasurer Phyllis Thomas and City Attorney Candice Settle were present. Council Member Moore was absent. This made a total of eight(8) present. A quorum was declared. The invocation was given by Lacey Klemm, President of the Fort Smith Civitan Club. Girl Scout Red Oak Service Unit then led the Pledge of Allegiance. The Girl Scouts presented the council with some of their community projects as well as some cookies. Mrs. Klemm also talked briefly about the Fort Smith Civitan Club. Mayor Freeman then asked to adopt the minutes of the Regular Council Meeting on December 18, 2017. Council Member Sparkman made a motion to approve the minutes. Council Member Petty seconded the motion. On roll call,the following Council members voted aye: Council Member Sparkman, Kneeland, Petty, Swaim and Wood. The following voted nay: none. Mayor Freeman then led the organization of the City Council discussion as required by ACA 14-43-501 On the agenda next was to consider AN ORDINANCE TO ADOPT STANDARD TECHNICAL SPECIFICATIONS FOR CONSTRUCTION INSIDE THE CITY OF VAN BUREN, CRAWFORD COUNTY,ARKANSAS; AND DECLARING AN EMERGENCY. The Clerk read the Ordinance in its entirety. Council Member Wood moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Council Member Petty. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Council Member Wood moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Council Member Petty. The council followed with a unanimous vote. The Clerk then read the Ordinance the third and final time. The Mayor asked if there was any discussion. Mayor Freeman said if there are any questions, we will take it back to the staff for review. Council Member Petty asked if this was pertaining to subdivision construction. City Planner Joe Hurst replied that it could be roadways and that it allows us to set our own standards and continuity across the area. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council Member Sparkman and seconded by Council Member Kneeland to adopt the Ordinance. On the Clerk's calling the roll,the following vote resulted: Ayes—Council Member Sparkman, Kneeland, Petty, Swaim and Wood.Nays—None. The Mayor declared the motion carried as there were five (5) ayes and(0)nays. Four(4) votes being necessary for passage. Motion was made by Council Member Swaim and seconded by Council Member Wood, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Sparkman, Kneeland, Petty, Swaim and Wood. Nays—none. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 1-2018 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO. I -2018 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO ADOPT STANDARD TECHNICAL SPECIFICATIONS FOR CONSTRUCTION INSIDE THE CITY OF VAN BUREN,CRAWFORD COUNTY,ARKANSAS;AND DECLARING AN EMERGENCY. WHEREAS, adopting standard technical specifications for construction will promote responsible and consistent construction in the City of Van Buren;and WHEREAS, notice of a Public Hearing was duly published,and a Public Hearing was conducted by the Van Buren Planning Commission to consider these technical specifications;and WHEREAS, the proposed technical specifications were recommended by a unanimous vote of the entire Planning Commission. _ NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ', VAN BUREN,ARKANSAS,THAT: SECTION 1: The standard specifications for construction in Van Buren are set forth in Attachment"A" and are adopted in their entirety. SECTION 2: In order to preserve and protect the public health,safety,and welfare of the City of Van i Buren,an emergency is hereby declared to exist and this Ordinance shall take full force and effect upon its approval. SECTION 3: Prior Ordinances in conflict with the provisions enacted herein are repealed to the extent of the conflict.If any provision of a section of this Ordinance or the application thereof to any person or circumstances is held invalid,the invalidity does not affect the provisions or applications of the section or related sections which can be given effect without the invalid provision or application,and to this end the provisions are severable. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of 5 for and. against the forego'•g a • •.•ce at its regular meeting held on the 22.1 day of January 2018. • Robert D. •• ��� Mayor ATTESTED: AP":tea ms a a'I : /ff-L-C4.1c,n1 114AC Thomas Can• A.Settle City Clerk/Treasurer City Attorney On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A PURCHASE OF EQUIPMENT FOR POLICE DEPARMENT VEHICLES FOR THE APPROPRIATION OF FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Council Member Swaim moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Council Member Wood. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Council Member Swaim moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Council Member Wood. The council followed with a unanimous vote. The Clerk then read the Ordinance the third and final time. The Mayor asked if there was any discussion. Police Chief Jamie Hammond encouraged the council members to check out the new vehicles on their way out this evening. Council Member Petty asked why the prices had fluctuated over the course of just a couple of weeks. Chief Hammond replied that he believes it was just due to supply and demand. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council Member Swaim and seconded by Council Member Petty to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Sparkman, Kneeland, Petty, Swaim and Wood.Nays—None. The Mayor declared the motion carried as there were five (5) ayes and (0) nays. Four(4)votes being necessary for passage. Motion was made by Council Member Wood and seconded by Council Member Petty, that the emergency clause be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes—Council Member Sparkman, Kneeland, Petty, Swaim and Wood. Nays—none. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 2-2018 CITY OF VAN BUREN,ARKANSAS SECTION 5: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van ORDINANCE NO. 2018 Buren to execute all documents,contracts,and agreements necessary to effectuate this Ordinance. BE IT ENACLl:U BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS AN ORDINANCE TO BE ENTITLED: SECTION 6: The various provisions and parts of this Ordinance are hereby declared to be severable, and,if any section or part of a section,or any provision or part of a provision herein,is AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND declared to be unconstitutional,inappropriate,or invalid by any court of competent AUTHORIZE A PURCHASE OF EQUIPMENT FOR POLICE jurisdiction,such bolding shall not invalidate or affect the remainder of this Ordinance DEPARTMENT VEHICLES FOR THE APPROPRIATION OF and to that extent the provisions hereto are declared to be severable. FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, WHEREAS, the City of Van Buren recently purchased four Chevrolet Tahoes for the Van approve,and adopt,by a vote of for and__Oagainst,the foregoing Ordinance at its regular meeting Buren Police Department;and held on the 22nd day of January 2018. WHEREAS, there is a need to equip said vehicles to meet the daily duty requirements of the • Department and WHEREAS, after extensive research and inquiry,the City of Van Buren Police Chief has R e D r c^A determined that equipping of three of the vehicles by Cap Fleet Upfitters is the Ma or most practical,feasible and cost effective method for the department and ATTESTED: APPRO""" O FORM: WHEREAS, the CityCouncil has determined,pursuant to A.CA.§14-58-303(b)(2)(B)that r /�/- -y 0-1-411M4 exceptional circumstances exist which render the competitive bidding process to not be practical or feasible due to the fact the City desires to facilitate future maintenance by Phy Thomas using the same equipment and installer as it has for its previous vehicles;and City ClerkfIreasurer City Attorney WHEREAS, a state of emergency exists because delays with installation of the equipment will make the vehicles incapable to perform their mission and the vehicles are needed in the Police Department to provide improved life safety and protection of property and NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Police Department of the City of Van Buren,Arkansas is in immediate need to j equip four Chevrolet Tahoe vehicles. SECTION 2: Equipment cost for the sum of$30,621.87 is necessary to protect the life and safety of Van Buren citizens. SECTION 3: The City Council in accordance with the terms of A.C.A.§14-58-303(b)(2)(B)hereby waives the requirement of competitive bidding and directs the Mayor to equip the above described for the price set forth in Section 2 above. SECTION 4: It is further found that due to the immediate need to equip these trucks an emergency is declared to exist and this ordinance being necessary for the preservation of the public health,safety,and welfare,it shall take effect from and after its passage and approval. On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE OF SOLAR SCHOOL ZONE BEACONS; FOR THE APPROPRIATION OF FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Council Member Petty moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Council Member Wood. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Council Member Kneeland moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Council Member Wood. The council followed with a unanimous vote. The Clerk then read the Ordinance the third and final time. The Mayor asked if there was any discussion. There was none. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council Member Wood and seconded by Council Member Sparkman to adopt the Ordinance. On the Clerk's calling the roll,the following vote resulted: Ayes—Council Member Sparkman, Kneeland, Petty, Swaim and Wood. Nays—None. The Mayor declared the motion carried as there were five (5) ayes and (0)nays. Four (4)votes being necessary for passage. Motion was made by Council Member Swaim and seconded by Council Member Kneeland, that the emergency clause be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes—Council Member Sparkman, Kneeland, Petty, Swaim and Wood. Nays— none. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 3-2018 CITY OF VAN BUREN,ARKANSAS SECTION 6: The various provisions and parts of this Ordinance are hereby declared to be severable, ORDINANCE NO.3 -2018 and,if any section or part of a section,or any provision or part of a provision herein,is declared to be unconstitutional,inappropriate,or invalid by any court of competent BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS jurisdiction,such holding shall not invalidate or affect the remainder of this Ordinance AN ORDINANCE TO BE ENTITLED: and to that extent the provisions hereto are declared to be severable. AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND IN WITNESS WHEREOF,the City of Van BurenpArkansas,by its City Council,did pass, AUTHORIZE THE PURCHASE OF SOLAR SCHOOL ZONE approve,and adopt,by a vote of Cn for andO against,the foregoing Ordinance at its regular meeting BEACONS; FOR THE APPROPRIATION OF FUNDS; DECLARING AN EMERGENCY;AND FOR OTHER PURPOSES. held on the 22nd day of January 2018. WHEREAS, the City of Van Buren has been installing solar school zone beacons at various • -- schools within the City;and — RobertWHEREAS, in conjunction with the Van Buren School District,the City has determined that Mayor there is a need to install said equipment at Butterfield Trail Middle School and Parkview Elementary School;and ATTESTED: OVED ED AS TO FORM: WHEREAS, the City of Van Buren Street Department desires to use the same model beacons and supplier as are installed at the other school locations for ease of installation � (r -0✓u�� ��i� and maintenance;and phy Thomas Cat. A_ e City Clerk/Treasurer -sty Attorney WHEREAS, the City Council has determined,pursuant to A.C.A.§14-58-303(b)(2)(B)that exceptional circumstances exist which render the competitive bidding process to not be practical or feasible;and WHEREAS, a state of emergency exists because the school beacons will provide improved life safety and protection of property. NOW,'THEREFORE,BE TT ORDAINED AND ENACTED BY THE CITY COUNCIL OF ' THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The City of Van Buren,Arkansas is in immediate need to purchase seven Solar School Zone Beacons from K&K Systems of Tupelo,Mississippi for the sum of$22,290.11 as quoted in Exhibit A. SECTION 2: The City Council in accordance with the terms of A.CA.§14-58-303(b)(2)(B)hereby waives the requirement of competitive bidding and directs the Mayor to purchase the above described for the price set forth in Section 2 above. SECTION 4: It is further found that due to the immediate need to acquire this equipment an emergency is declared to wrist and this ordinance being necessary for the preservation of the public health,safety,and welfare,it shall take effect from and after its passage and approval. SECTION 5: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to execute all documents,contracts,and agreements necessary to effectuate this Ordinance, I Next on the agenda was Boards and Commissions. The Van Buren Planning Commission recommended the appointment of Mason Shirley to fill a vacant position. Council Member Swaim seconded by Council Member Petty made a motion to grant the nomination. The Council followed with a unanimous vote. Next on the agenda was the Financial Statement. Motion was made by Council Member Swaimi and seconded by Council Member Petty to appropriate the sum of $ 1,277,171.73 to pay expenses and salaries for December 2017,presented by the clerk. The Council followed with a unanimous vote. P 1-16-2018 09:00 AM CITY OF VAN RUR E N PAGE: 1 TRIAL BALANCE _ AS OF: DECEMAR'32M7.-98.17 y: 10 -General Fund •*• MONTH TO DATE *** •** YEAR TO DATE •** ACCT! ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS ASSETS 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 178,929.84 328,092.61 1020.01 Cash In Bank-Ins. Reimb. 0.00 77,093.11 0•* 1020.03 Cash In Bank-ASP'sawalmart Gra 0.00 79.24 ((e 1020.04 Veterans' Memorial-Act 934 0.00 0.00f' 1020.05 2009 Byrne Recovery Grant 0.00 0.00 I 1 3` 7,-J?' 7 _ 1020.06 2009 Byrne Grant 0.00 0.00 1 j j' I -` 1020.07 2007 Byrne Grant 0.00 0.00 3 5,0 UU 'LI(I+ 1020.08 Cash in Bank- Storm Damage 0.00 0.00 I ,277: 171 , lj:.: 1020.09 District Cout Grant-Mediation 0.00 25.00 1020.10 Cash in Bank - HDC 0.00 1,793.34 1020.11 Cash in Bank-KVBB 1,080.00 2,420.00 ��•-' 1020.12 Emergency Management Fund 0.00 0.00 1020.13 Cash In Bank-ACT 833 0.00 141,927.37 1020.14 Court Automation-District 1,127.99 60,734.44 1020.15 Cash in Bank-ACT 1314 0.00 0.00 1020.16 AR Dept of Rural Services 0.00 0.00 1020.17 New Police Dept 0.00 0.00 1020.18 Cash in Bank - PD Co Tax 1,574.40 36,794.29 �.: 1020.19 Cash in Bank - FD Co Tax 37,699.24 184,517.83 1020.20 Cash In Bank-Erosion Control 125.00 23,775.00 , 1020.21 Cash in Bank-CPAcademy 0.00 0.00 1020.22 Cash In Bank-PEG Grant . 0.00 10,000.00 1020.27 Cash in Bank - Levee 0.00 9,239.93 1020.28 Marina Repairs I., 0.00 10,495.60 1020.29 Property Maintenance-Scrap 0.00 0.00 l,- 1020.30 Field of Dreams-Equipment 24.00 9,073.65 1020.31 Cash in Bank- Parks 6 Rec 0.00 0.00 1020.32 GIF "\ 0.00 0.00 1020.33 Cash in Bank-Yard Waste 2,249.80 252,491.55 1020.34 Cash In BankPublic Facilities 0.00 671.86 r 1020.35 Cash In Bank-Jail 4,095.94 4,095.94 3 1020.36 Cash in Bank-Property Cleanup 0.00 7,941.57 ` 1020.37 Probation 6,165.06 20,709.39 3 1020.51 Cash in Bank - Cemetery 5,028.96 383.26 i- 1020.52 Cemetery-Donations 0.00 32,000.00 ? 1020.80 Cash in Bank-KOH 0.00 0.00 1020.91 Cash in Bank- Cap Imp 97,820.66 844,781.25 1040 Investments 0.00 0.00 1040.10 Investments - Sales Tax City 0.00 0.00 1040.18 Investments - PD Co Tax 0.00 0.00 1040.19 Investments - FD Co Tax 0.00 0.00 1040.27 Investments - Levee 0.00 0.00 1040.31 Investments - Parks & Rec 0.00 0.00 1040.51 Investments - Cemetery 0.00 38,752.59 �i 1040.91 Investments - Cap Imp 109.21 379,735.64 1r 1050 Fixed Assets 0.00 0.00 I?. 1 Next Police, Fire, Building Inspector, Public Works/Planning, and Ambulance Reports were presented for filing. There being no further questions or changes, the reports were filed as submitted. Next on the agenda was Miscellaneous and General Discussion. Todd Mooney and Steve Gann appeared before the council on behalf of M&G Development to present renderings of their new proposal and to appeal their rezone denial. City Attorney Candice Settle said the two main factors for Planning Commission denial was that all the surrounding properties were all single family structures versus their proposed multifamily apartment, as well as some drainage issues that could arise with their proposed construction. Council Member Petty asked if they are required to disclose what the intended use will be at the time of their rezone request. City Attorney Candice Settle stated most applicants just come in and upfront state what their intended use will be, but the application asks what the reason for the rezone is and once the rezone is approved they are allowed to put what is lawfully permitted in that specific zone. Council Member Swaim suggested they take this back to the Planning Commission with the new proposal of duplexes. Mr. Mooney stated that is why they are here. They don't want to have to wait one year to reapply for the rezone. City Planner Joe Hurst says there is a one year waiting period for reapplication but there is also a clause in that statement that says it can be waived if there is significant evidence presented to the Planning Commission. Council Member Petty asked what is required in this type of situation where they come back with a whole new plan. City Attorney Candice Settle replied that there are several factors and the answer is not black and white. Council Member Petty asked since the proposed use has changed if this will qualify them to go back to the Planning Commission. City Attorney Candice Settle stated that this appeal must be approved or denied tonight and then the council must express their desire for the Planning Commission to waive the one year reapplication requirement. Council Member Swaim made a motion to deny the appeal and uphold the Planning Commission's decision. He also requested that they be allowed to reapply with the Planning Commission at the March meeting. Council Member Petty seconded his motion. The council followed with a unanimous vote. Next,the council had a street closing request from the Old Town Merchants Association for various events. Council Member Wood seconded by Council Member Petty voted to approve the request. The council followed with a unanimous vote. Council Member Sparkman asked for an update on the buildings downtown. Council Member Petty stated that more issues were found in the buildings located in the 800 block of Main Street. The plans are out for bid and he is hoping to be finished in May. There being no further business, motion was made by Council Member Swaim and seconded by Council Member Petty to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 6:43 p. . AEST D: APIRIVEI CI ''� CLERK-TREASURER M I' \"