05 May 2020 Regular MINUTES OF THE VAN BUREN,ARKANSAS
CITY COUNCIL MEETING MAY 18,2020
The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, May 18,
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
Sparkman, Kneeland, Petty, Swaim and Dodson. City Clerk-Treasurer Phyllis Thomas was
present. City Attorney Candice Settle and Council Member Wood were present via remote
connection. This made a total of nine (9)present. A quorum was declared.
The invocation was given by Police Chief Jamie Hammond.
Chief Hammond then led the Pledge of Allegiance.
Mayor Hurst then asked to adopt the minutes of the Regular Council Meeting on April
27, 2020. Council Member Kneeland made a motion to approve the minutes. Council Member
Dodson seconded the motion. On roll call,the following Council members voted aye: Council
Member Dodson, Kneeland, Petty, Sparkman, Swaim and Wood. The following voted nay:
none.
On the agenda next was to consider A RESOLUTION SETTING A PUBLIC
HEARING DATE FOR ABANDONING A PUBLIC ALLEYWAY IN THE VISTA
PLACE ADDITION INSIDE THE CITY OF VAN BUREN, CRAWFORD
COUNTY,ARKANSAS. The Clerk read the Resolution in its entirety. Mayor Hurst
asked if there was any discussion. Council Member Petty asked City Planner Wally
Bailey for clarification on which alleyway is actually being closed and to ensure it
doesn't close off the only access. Mr. Bailey said all of that would be reviewed at the
Planning Commission meeting in June. City Attorney Candice Settle states we could
clarify the legal description to state it is the alleyway between two lots. Mayor Hurst
stated that all the information will be reviewed at the Planning Commission meeting
before it is brought back to the council for formal closing. Council Member Swaim
seconded by Council Member Sparkman moved that the Resolution be adopted. On the
Clerk's calling the roll, the following vote resulted: Ayes—Council Member Dodson,
Kneeland, Petty, Sparkman, Swaim and Wood. 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 05-01-2020
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.OS-OL-2020
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS.A RESOLUTION TO BB ENTITLED:
•
A RESOLUTION Stns siNC A PUBLIC BEARE% DATE FOR
ABANDONING A PUBLIC ALLEYWAY IN TUE VISTA PLACE
ADDITION INSIDE THE CITY OF VAN BURN, CRAWFORD
COUnTY,ARKANSAS.
WHEREAS. Mac Werthmuller,represented by Satterfield Surveying,has petitioned the City Cowell
of Van Buena,Arkaoms,to vacate and abandon the public Alleyway along certain lots
inside the Vtrts Placa Addition more particularly described as follows:
Description of Existint20 00 Foot Alleyway
Part ore platted alley in Block 14,Vista Place Addition to the City of Van Buren,
Crawford County,Arkansas,being more particularly described as follows:
Beginning at a set lobar with cap marking the Northeast Corner of Lot 22,Block
14.Theme along the North line of Lots 22 thru 20,North 84 degrees 37 minutes
36 seconds West,$$27 feet to a set mbar with cap.ThenceNotth 03 degrees 15
minutes 13 seeoods East,20.01 feet to a set rebar with cap. Thence along the
South line Lots 19 thin 17,South 84 degrees 37 minutes 36 seconds East,$8.53
feet to the Southeast Corner of Cat 17 Block 14. Thence South 03 degrees 3$
minutes 07 seconds West,20.0.1 feat to the Point of Beginning,containing 0.04
of an acre and abject to any Easements of Record
;rod
WHEREAS, all of the property owners and adjacent property owners being affected by this Alleyway
abandonment lave consented by signed petition;and
WHEREAS, the City Council of Van Buten,acting under the authority of A.C.A.14-199-103 and
A.C.A.14-301-302,has the authority to vacate public alleyways or segments thereof.
NOW,THEREFORE,BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS,THAT:
$ECTTON 1• A Public Hearing is ser for Juno 2_•f.,2020,at 5:30 Pat.in the Van Buren Public Llbrasy,
at which time said Petition dull be presented to die City Costneil and the City Council
will dntatmine at that time if such porion of said public alleyway should be vacated and
Out all affected property owners and other persons directly interested have coneentod to
such yeasting.
MOTION 2; The City Clerk of Van Buten.Manna,is hereby directed to give notice by publication
once a week for two consecutive wake in some newspaper,published in Crawford
County,advising the property owners and others affected,of said date and time the
Council will hear said Petition.
IN WITN'F.SS WHEREOF,the City of Van]alma,Arkansas,by its City Council,did Bac
approve,and adopt.by et vote of(D for and,1,2 against,the foregoing Resolution at its regular meeting
held on the 186 dry of May 2020.
Joseph H
Mayer
A/TTSTED: t•t AS TO FORM:
3s Thomas Cmdice A.Settle --
City
Cherieffreasurer City Attorney
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
APPOINTMENT OF A GENERAL CONTRACTOR CONSTRUCTION
MANAGER AND AUTHORIZING THE MAYOR AND CITY CLERK TO
ENTER INTO A CONTRACT FOR FLOOD REPAIRS AT THE FIELD OF
DREAMS SPORTS COMPLEX. The Clerk read the Resolution in its entirety. Mayor
Hurst asked if there was any discussion. Mayor Hurst explained that last year we received
about$430,000 from insurance and FEMA for the flood damage. We've only spent about
$50,000 of that and there is about $375,000 from FEMA mitigation that we could still
receive. Council Member Swaim asked if the facility would be in use if the continuation
of youth sports was stalled due to COVID-19. Field of Dreams and Park manager, Paul
Dunn, stated that the Boys and Girls Club has already canceled all summer sports
activities, so there won't be much going on in the form of activities this summer except
practices. The main priority at this point is to get the bathrooms back in working order
before fall ball starts. 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 Dodson, Kneeland, Petty, Sparkman, Swaim and
Wood. 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 05-02-2020
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. -o j-2020
BE IT ENACTED BY THE CITY COUNCIL,FOR MB CITY OF VAN BUREN,
ARKANSAS.A RESOLUTION TO BEENITTLED:
A RESOLUTION AUTHORrZZNG THE APPOINTMENT OF A
GENERAL CONTRACTOR CONST,RUCPION MANAGER
AND AITHIORELING THE MAYOR AND CITY CLERIC TO
ENTER INTO A CON'ITRACE FOR FLOOD REPAIRS AT TEE
FIELD OF DREAMS SPORES COMPLEX.
WHEREAS, the City of Van Dural suffered historic flooding during the month of May,2019,
sousing subttautial damage and resulting in the need for hnmadisre repair to the Field of
Dreams Sports Couplet;end
WHEREAS, the City of Vim Barn previously approved the City entering into an ageemem with
Crawford Construction prmamni in Resolution No.01-07-2020;and
WHEREAS. the City of Van Blum desires to appoint Crawford Ccashuclion as the General
Contrntor Construction Manages for the project passant to Ark Cade Apra Section
19.11.801 and to authorize the Mayor and City Clerk to enter into an agreement with
Crawford to provide those services.
NOW,THEREFORE,BER RESOLVED BY TIE CRY COUNCIL OF VAN BUREN,
ARKANSAS,'fIAT:
SECTION 1: Cruwliud Construction Company is appointed the General Contractor Construction
Manager for the tcpays at the Reid of Drains pursuer to Ark.Cade Mn.Section 19-1 1-
601 and the Mayor and City Oak are hereby authorial to enter into on agroetntxtt with
Crawford Construction Cmgmry to complete the repairs to the Field of Bitans Spats
Complex in set anxwnt not to exceed$293.324.85(exhibh"A")and to pay all expenses
related to the project,net to exceed$293,324.85.
IN WITNESS WHEREOF,the City of Van Duren,Arkansas,by its City Council,did pass,
approve,and adopt,by a vote of Co for andQ against,the f oing Resolution at its regular
meeting bcldonthe 18thday ofMay,2020.
Mayor
ATTESTED: R t •I FORM:
alra
PhyllisTltarws CkndueA
City Oerk/freastna ay Attorney
On the agenda next was to consider A RESOLUTION DECLARING THE
EXISTENCE OF A NUISANCE UPON CERTAIN REAL PROPERTY WITHIN
THE CORPORATE CITY LIMITS, LOCATED AT 1102 NORTH 28TH STREET,
FOR THE PURPOSE OF CONDEMNING SAID STRUCTURE; PROVIDING A
PERIOD OF TIME FOR PROPERTY OWNER TO ABATE SAID NUISANCE;
AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor
Hurst asked if there was any discussion. Officer Gunter stated this process started on
December 11, 2019 with a general clean up notice which was not corrected by the
homeowner; therefore, a notice of condemnation was send on March 5, 2020. Council
Member Sparkman 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 Dodson, Kneeland, Petty, Sparkman, Swaim and Wood. 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 05-03-2020
CITY OF VAN BURIN,ARKANSAS
RESOLUTION N 0.t6 - -2020
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OP VAN SURF.N,
ARKANSAS,A RESOLUTION TO BE EN ITfLED:
A RESOLUTION DECLARING TIIE EXISTENCE OF A
NUISANCE UPON CERTAIN REAL.PItUPIItTY WITHIN THE Lot 45,Rolling Hills Subdivision in the City of Van.Buren,Crawford
CORPORATE CITY LIMITS,LOCATED AT 1102 NORTH 21TT11 County,gym ,(Parcel No.700-06341.000,located at 1102 North
STREET, FOR THE PURPOSE OF CONDEMNING SAID 286 Street and owned by Verna and Russell Bagley.)
STRUCTURE; PROVIDING A PERIOD OF TIME FOR
PROPERTY OWNER TO ABATE SAID NUISANCE;AND FOR =MAL If the aforementioned structure has not boon razed anNor removed within thirty 00)days
OTHER PURPOSES. after posting a true copy of this resolution at a conspicuous place upon the structure
constituting the nuisance,or the nuisance otherwise abated,the stnrctme shall be tont
WHEREAS, the structure set forth above has been found by the Van Buren Code Enforcement dawn and/or removed by the City of Vao Buena,or a duly designated representative.
Department to be dangerous,unsightly,unsanitary,dilapidated.obnoxious,unsafe,unfit
for human habitation and/or otherwise detrimental to public wdture of Van Buren IN TESTIMONY WHEREOF,the City of Vail Buren,Arkansas.by its City Connell,did pant,
citizens in violation of Van Buren Municipal Code§11.28.01 etaeq;and approve,and adopt,by a vote of La for and O against,the foregoing Resolution at its regular
meeting hold on the i86 day of May 2020.
WHEREAS, the condition of such property,as act forth in Exhibit"A"attached hereto,constitutes a
serious fire,health,and/or safety hazard to the Public and to the City of Van Buren,and z jr n $�
unless immediate action is taken to remedy these conditions,by removing,razing nod/or /abating said nuisance,there is great likelihood that the surrounding property may be
damaged by fire originating from such unsafe hazardous structure.Moreover sine°the Mayor
structure is without proper unitary facilities,and as such is unsafe and hazardous,and
provides a breeding plata for tats,Watts and other dangerous germ confers of disease,it
constitutes a serious hazard to the health and safety of the cit zens of Van Bnrcn,and ATTESTED: FORM:
should be moved or razed for the purpose of eliminating such hazards.The city has given
proper notice in accordance with Van Buren Municipal Code§11.28.07. "p �,` 6krrroQJ
1 Ur9ltt Thomas Candice A.Settle
NOW,11iEREFORE.la IT RESOLVED BY THE CITY COUNCIL OF TUE CITY OF City Clerk/Treasurer City Attorney
VAN BIJREN,ARKANSAS,THAT:
SECTION 1• The Van Baron City Council hereby Ands and declares the house located at the address
indentifed herein to be dangerous,unsightly,unsanitary,dilapidated,unsafe,obnoxious.
a fire hazard,and/or a menace to abutting properties,with the current condition of said
structure not being fit for human habitation;and because of such conditions,the City
Council hereby declares the same to be condemned as a public nuisnnco and is ordered to
he abated,removed or razed by the owner thereof in accordance with City Ordinance and
State law.
S�TION 2: hu accordance with Van Bruen Municipal Code§ 11.28.08,the owner of record of dao
following described property is hereby directed to raze the same,or otherwise abate the
above declared nuisance within thirty(30)days after the posting of a true copy of this
Resolution at a conspicuous place upon the structure constituting the nuisance desoribed
herein,to-wit
Next on the agenda was the Financial Statement. Motion was made by Council Member
Swaim and seconded by Council Member Kneeland to appropriate the sum of
$ 1,353,846.17 to pay expenses and salaries for April 2020,presented by the clerk. The
Council followed with a unanimous vote.
•
APRIL, 2020
TOTAL EXPENDITURES
$1,353,846.17
1 + 12 . 008.20+
112 + 704 .94+
232. 83+
126. 40+
115. 773. 80+
1 + 3=3 . 846. 17*
•
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. Mayor Hurst said
we are still waiting to see how the COVID-19 pandemic is going to affect our sales tax
revenues. At this time we are 6%higher than we were at this time last year. He also
stated our current census respond rate is at 57.9%. Our final 2010 respond rate was
approximated 70%, so we still have a ways to go. He encouraged everyone to respond to
the census.
There being no further business, motion was made by Council Member Swaim and
seconded by Council Member Sparkman to adjourn. The Council followed with a unanimous
vote. The meeting adjourned at 6:15 p.m.
AT ESTFD: ��� APPROVED: . ���
_c
CI CLE -TREASURER MAYOR