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04 April 2020 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING APRIL 27,2020 The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, April 27, 2020 at the Van Buren Public Library. The meeting was called to order by Mayor Hurst. On roll call, the following Council members answered as their names were called: Council Member Wood, Sparkman, Kneeland, Petty, Swaim and Dodson. City Clerk-Treasurer Phyllis Thomas was present. City Attorney Candice Settle was present via remote connection. This made a total of nine (9)present. A quorum was declared. The invocation was given by Council Member Michael Kneeland. Mr. Kneeland then led the Pledge of Allegiance. Mayor Hurst then asked to adopt the minutes of the Regular Council Meeting on March 23, 2020. Council Member Sparkman made a motion to approve the minutes. Council Member Wood seconded the motion. On roll call, the following Council members voted aye: Council Member Wood, Sparkman, Kneeland, Petty, Dodson and Swaim. The following voted nay: none. • On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO REMOVE AND DISPOSE OF CERTAIN FIXED ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, BY SEALED BID, AUCTION OR OTHER METHODS AUTHORIZED UNDER THE LAW, AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Hurst asked if there was any discussion. Council Member Swaim asked about the 2020 Tahoe. Chief Hammond replied that it was involved in an accident and was totaled out by the insurance company. Council Member Swaim seconded by Council Member Kneeland moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Wood, Sparkman, Kneeland, Petty, Dodson and Swaim. Nays—None. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 04-01-2020 CITYOF VAN BUREN,ARKANSAS RESOLUTION NO. -1-2020 BE IT ENACTED BY THE CITY COUNCIL.FOR THE CITY OF VAN BUREN,ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION TO AUTHORIT,E TILE MAYOR AND CITY CLERK TO REMOVE AND DISPOSE OF CERTAIN FIXED ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY,BY SEALED BID,AUCTION OR OTHER METHODS AUTHORIZED UNDER TILE LAW,AND FOR OTHER PURPOSES. WHEREAS. the City of Van Buren has certain feed assets on its Fixed Asset bwcnt ty List which are obsolete,and'or beyond repair,and are no liner cost effective,so as to no longer be needed by the Coy,and WHERFA.S, alter an inventory of fired insets.it is therefore recommended by our State Auditor that said items or item be removed from the City's Fixed Asses Inventory and disposed of by scaled bid,auction or as otherwise authorized under A.CA§14-54.302. NOW,THEREFORE,BE 1T RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS THAT: SIKI.Mt_I: The Mayor and City Clerk are hereby authorized to remove die following asset or assets from the Find Asset Inventory and to dispose of same by naked bid,aucsioe or other such methods authorized under the Inv,: Department _ Amount Description Control Police $32,955.00 2005 Chevrolet Suburban PD—597 YIN:I CrNFK16Z051229660 Police $31,598.00 2020 Chevrolet Tahoe PD.$05 VIN:IGN1dAEC91RI45623 Police 52,75832 PanasonIc CF-52 SetniRugged PD-684 Laptop Computer SN_907YA66030 __ Police •—� SI.563.00 Decatur Genesis I I Mobile PD-674 Radar Unit SN:G2S-24902 City Inspector 517,260.00 2001 Fad F ISO Pickup Truck CI-76 (Funds to be deposited VIN:P110117W4ICA479I7 into the Federal Forfeiture Aecousa with 20%of the amount paid to the State Crime Lab) IN WETNESF,WHEREOF,the City of Van Buren,Adman,by hs City Caned,6d pass,approve,and adopt,by a vole of_for am: against the foregoing Resolution at its regular meeting hidden the 279day of April 2020. . I Mayor ATTESTED: A •'OVE n AS TO FORM: 6'Hioisiat • o CitygakfTrrauar ay Attorney Council Member Petty asked about the possibility of having a consent agenda for these repetitive resolutions to prevent City Clerk-Treasurer Phyllis Thomas from having to read the entire thing. City Attorney Candice Settle said she can look into it. She knows she can read them by title only, but she will look into the possibility of a consent agenda. On the agenda next was to consider A RESOLUTION OF THE CITY OF VAN BUREN, ARKANSAS,FOR THE PURPOSE OF PROVIDING FOR THE DISPOSAL AND DESTRUCTION OF CERTAIN POLICE RECORDS. The Clerk read the Resolution in its entirety. Mayor Hurst asked if there was any discussion. There was none. Council Member Petty seconded by Council Member Dodson moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes —Council Member Wood, Sparkman, Kneeland, Petty, Dodson and Swaim. Nays—None. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 04-02-2020 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. - �-2020 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION OF THE CITY OF VAN BUREN,ARKANSAS, FOR THE PURPOSE OF PROVIDING FOR THE DISPOSAL AND DESTRUCTION OF CERTAIN POLICE RECORDS. WI-IERE.AS, the Van Buren Police Department has outdated,unnecessary and redundant records that need to be disposed of and destroyed;and WHEREAS, the Van Buren Police Department has identified said records to be destroyed. NOW,THEREFORE,RE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS,THAT: 'ION l., The Van Buren Police Department is hereby authorized to arrange for the destruction,by shredding,identified records in accordance with ARK.Code Annotated§16-10-211 (aX3XK)&(L)and ARK.Code Annotated§14-2-204. IN TESTIMONY WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of 40 for and 4)against,the foregoing Resolution at its regular meeting held on the 27°day of April 2020. Jose , urst Mayor ATTESTED: APPR+ ED a a r is ��*191. (Z1,0442_621 s Thomas '.' . 'RV City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION AUTHORIZING PAYMENT TO APAC CENTRAL,INC. FOR ASPHALT FOR THE OVERLAY OF STREETS WITHIN THE CITY OF VAN BUREN, ARKANSAS AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Hurst asked if there was any discussion. Council Member Sparkman asked how much this bill was. Mayor Hurst replied that this resolution just authorizes the city to spend up to $150,000.00, but we have not spent anything yet. Council Member Wood seconded by Council Member Swaim moved that the Resolution be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes—Council Member Wood, Sparkman, Kneeland, Petty, Dodson and Swaim.Nays—None. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 04-03-2020 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 4 - , -2020 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING PAYMENT TO APAC CENTRAL,INC.FOR ASPHALT FOR THE OVERLAY OF STREETS WITHIN THE CITY OF VAN BUREN, ARKANSAS AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren desires to continue with a program of street repairs and improvements and as a part of that program the Street Department will overlay portions of various other intcriorstrcets within the City of Van Buren;and WHEREAS, the Van Buren City Council approved funds in the 2020 budget for street repairs and in-house projects;and WHEREAS. ARK.CODE ANN.§14-58-104 waives the requirements for competitive bidding for asphalt;and WHEREAS, the City of Van Buren will purchase asphalt from APAC Central, Inc. in the amount not to exceed$150,000.00 for said projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to pay all invoices to APAC Central, Inc. from Capital Improvement and Street Funds relating to these overlays and to execute all documents necessary to effectuate this resolution. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and adopt,by a vote of (u for and Q against,the foregoing Resolution at its regular meeting held on the 27"day of April 2020. n Joseph tor. Mayor ATTESTED: PR S •, r AS TO FORM: Pita Tir/4o1 PI 11 a Thomas 7! tee .i Gity Clerk/Treaaurer City Attorney On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A DRAINAGE EASEMENT OF THE LOT 1 FIRE STATION PROPERTY. The Clerk read the Resolution in its entirety. Mayor Hurst asked if there was any discussion. City Planner Wally Bailey explained that this will help align that drainage easement to flow on down to a retention pond. Council Member Petty asked where on the map was the fire station located. Mr. Bailey showed the council that it was further down in the southeast corner. Mr. Chad Brixey with Brixey Engineering was present and provided a different detailed city map that explained the location a bit more. Council Member Wood seconded by Council Member Dodson moved that the Resolution be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes—Council Member Wood, Sparkman, Kneeland,Petty,Dodson and Swaim.Nays—None. The Mayor thereupon declared the Resolution adopted and signed the Resolution,which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 04-04-2020 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. -2020 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A DRAINAGE EASEMENT ON THE LOT I FIRE STATION PROPERTY. WHEREAS, a permanent drainage easement is necessary on Lot I of the Fire Station Property to ensure proper drainage for Legacy Place and to protect City Property;and WHEREAS, the City believes it to be in the best interests of the citizens of the City of Van Buren to execute a drainage easement to the City and that it is necessary to protect property of the City of Van Blaen. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Mayor is authorized to execute the attached drainage casement on City of Van Buren property located on the Lot 1 Fire Station property. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and adopt,by a vote of. for and ,,•against,the foregoing Resolution at its regular meeting held on the 27th day of April 2020. Josep P.Hurst Mayor ATTESTED: FORM: P is Thomas-- '• 1 City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT IN FAVOR OF OKLAHOMA GAS AND ELECTRIC COMPANY. The Clerk read the Resolution in its entirety. Mayor Hurst asked if there was any discussion. Council Member Wood asked if we could combine this and the next resolution together. Mayor Hurst replied he would like to keep them separate. Mayor Hurst explained that this easement will be recorded to allow OGE to move their electric lines for the Center for Arts and Education expansion. Council Member Swaim seconded by Council Member Petty moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Wood, Sparkman, Kneeland, Petty, Dodson and Swaim.Nays—None. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 04-05-2020 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 4/ - S -2020 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT IN FAVOR OF OKLAHOMA GAS AND ELECTRIC COMPANY. WI IF.RtAs, the improvements to the new location for the Center for Arts and Education requires electric lines to be moved from their current location;and WHEREAS, the Center of Arts and Education and Oklahoma Gas and Electric Company have worked together in the design of the construction to determine the best placement of the lines;and WHEREAS, the City desires to facilitate the improvements to the Center for Arts and Education in light of the benefits to the citizens of the City of Van Buren and,therefore,believes it is appropriate to allow the use of the property of the City of Van Buren for the relocation of electric lines. NOW,THEREFORE,BE IT RESOLVED BY TILE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: :SECTION ON 1: The.Mayor is hereby authorized to execute the attached.casement to the Oklahoma Gas and Electric Company for the installation of electric lines on city property located on Lots 9&10 of Block 18 of the Original Town of Van Buren. 1N WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and adopt,by a vote of_&for and O against,the foregoing Resolution at its regular meeting held on the 27'h day of April 2020. n r 41111". y ;L /' , Jose. 1 .1 ayo ATTESTED: ; i•,S TO FORM: ki as / INN P , lis Thomas Candio`.Settle City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT IN FAVOR OF ARKANSAS OKLAHOMA GAS CORPORATION. The Clerk read the Resolution in its entirety. Mayor Hurst asked if there was any discussion. There was none. Council Member Dodson seconded by Council Member Petty moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Wood, Sparkman, Kneeland, Petty, Dodson and Swaim. Nays—None. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 04-06-2020 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 1 - -2020 BE IT ENACTED BY THE CITY COUNCIL FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT IN FAVOR OF ARKANSAS OKLAHOMA GAS CORPORATION. WHEREAS, the improvements to new location for the Center for Arts and Education requires gas lines to be moved from their current location;and WHEREAS, the Center of Arts and Education and Arkansas Oklahoma Gas have worked together in the design of the construction to determine the best placement of the lines;and WHEREAS, the City desires to facilitate the improvements to the Center for Arts and Education in light of the benefits to the citizens of the City of Van Buren and,therefore,believes it is appropriate to allow the use of the property of the City of Van Buren for the relocation of gas lines. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARK ANSAS,THAT: SECTION 1; The Mayor is hereby authorized to execute the attached casement in favor of Arkansas Oklahoma Gas Corporation for the installation of a pipeline for the transportation of natural gas on city property located on Lots 9& 10 of Block 18 of the Original Town of Van Buren. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and adopt,by a vote of (jar and ()against,the foregoing Resolution at its regular meeting held on the 27th day of-April 2020. Jo .1.1 rst Mayor ATTESTED: e��+ TO FORM: -_ Ph 101. Ilis Thomas Can tee A.Settle City Clerk/Treasurer City Attorney On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO.26-1997, SECTION 7,(VAN BUREN MUNICIPAL CODE SECTION 11.28.07(C))FOR THE PURPOSE OF AMENDING PROPERTY CLEAN-UP NOTICE PROCEDURES,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 Kneeland. 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 Kneeland. 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 Hurst stated we are going back and reviewing our codes to see how we can make our community better. These changes are targeted at keeping our neighborhoods clean. City Planner Wally Bailey added that this also helps align the city code to the State of Arkansas law in regards to the notification to home owners in need of cleaning up their property. Council Member Kneeland asked for clarification on the notification in the same year requirement. Mr. Bailey stated if notification is given in December then the notification process starts all over in January. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council Member Kneeland and seconded by Council Member Swaim to adopt the Ordinance. On the Clerk's calling the roll,the following vote resulted: Ayes—Council Member Wood, Sparkman,Kneeland, Petty,Dodson and Swaim.Nays—None. The Mayor declared the motion carried as there were six(6) ayes and(0)nays. Four(4) votes being necessary for passage. Motion was made by Council Member Wood and seconded by Council Member Dodson, that the emergency clause be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes—Council Member Wood, Sparkman,Kneeland, Petty,Dodson.And Swaim.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 12-2020 ORDINANCE NO 12-2020 CONTINUED CITY OF VAN BUREN,ARKANSAS ORDINANCENO.,L -2020 BE IT ENACTED BY THE CITY COUNCIL.FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND ORDINANCE NO. 241997, SECTION 7,(VAN BUREN MUNICIPAL CODE SECTION 11.28.07 (C))FOR THE PURPOSE OF AMENDING PROPERTY CLEAN-UP NOTICE PROCEDURES,AND DECLARING AN EMERGENCY. WHEREAS, A.C.A.14-34.901 empowers incorporated towns and cities of the fust and second class to order the owner of lots and other real property within their towns or cities to cut weeds;to remove garbage,rubbish,and other unsightly and unsanitary articles and things upon the property;and to eliminate,fill up,or remove stagnant pools of water or any other unsanitary thing,place,or condition;and WHEREAS, A.C.A.14-54-902(d)provides a clean-up notice process for subsequent violations of a specific violation within the same calendar year,and WHEREAS, Ordinance No.26-1997 established regulations to require the maintenance of real property and for the abatement of nuisances within the city;and WHEREAS, it is necessary to amend Section 7 of Ordinance No.26-I997 to be consistent with A.C.A.14-54-902(d). NOW,THEREFORE,REIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1.Section)7 of Ordinance No.26-1997,is hereby amended as follows; A clean-up notice issued to an owner or occupant for abatement of a specific violation of condtions set out in sub-sections(a),(b),(c),and(d)of Section 2 above shall remain in full force and effect within the same calendar year in which the notice was issued and shall be considered sufltcient notice to said owner or occupant of any subsequent violation of that specific violation occurring on that owner's or occupant's lot or other real property within that calendar year. Any subsequent violation of that specific violation occurring within the calendar year on the owner's or occupant's lot or other real property upon which notice has been served shall subject the owner or occupant to the penalties set out within this Ordinance.The clean-up notice shall advise the owner or occupant that should they fail to comply with the clan-up notice no subsequent notices will he issued and that the City will continue to abate the violation throughout the sante calendar year and that the costs of such action shall be so charged and collected. SECTION 2: The provisions of this ordinance are hereby declared to be severable and if any section.phrase.provision.or application shall be declared or held invalid,such invalidity shall not affect the remainder of the sections.phrases,provisions,or applications. SECTION. Ile passage and approval of these amendments is necessary to cause the Van Buren city ordinances to he consistent with Arkansas law which will further benefit the City and its citizens with proper enforcement of the City's nuisance abatement Ordinance.Therefore,an emergency is declared to exist and this Ordinance,being necessary for the preservation of the public health,safety and/or welfare shall be in full force and take effect immediately upon after its passage. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council.did pass,approve,and adopt,by a vote of to for and Cs against the foregoing Ordinance at its regular meeting held on the 27n'day of April 2020. ! E rust Mayor ATTESTED: APP': .I AS TO FORM: ?Wilts Thomas City Clerk'Trcasurcr City Attorney Next on the agenda was the Financial Statement. Motion was made by Council Member Wood and seconded by Council Member Dodson to appropriate the sum of $ 1,289,976.37 to pay expenses and salaries for March 2020,presented by the clerk. The Council followed with a unanimous vote. Mayor Hurst explained potentially cutting 10% from the budget due to the COVID-19 pandemic. TOTAL EXPENDITURES MARCH 2020 $1,289.976.37 o•* 1 , 068 . 752.•.48+ :. 107. 431 . 14+ 122. 54+ 113 670. 21+ 1 . 289. 976. 37* -- _ _ n 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. The council had a request from First Baptist Church of Van Buren to close streets for their annual Vacation Bible School on June 1-5, 2020. Motion was made by Council Member Dodson and seconded by Council Member Swaim to approve the requests. The council followed with a unanimous vote. There being no further business, motion was made by Council Member Sparkman and seconded by Council Member Dodson to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 6:15 p.m. Al' ESp ;v6ma UV APPROVED. CIS CLERK-TREASURER MAY