07 July 2020 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING JULY 27, 2020
The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, July 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 Dodson, Kneeland,
Petty, Sparkman, Swaim and Wood. City Clerk-Treasurer Phyllis Thomas and City Attorney Candice
Settle were present. This made a total of nine (9) present. A quorum was declared.
The invocation was given by Council Member Jim Petty.
Mr. Petty then led the Pledge of Allegiance.
The following items were on the July 2020 consent agenda:
• MINUTES OF THE REGULAR COUNCIL MEETING ON JUNE 22,2020.
• RES 07-01-2020-A RESOLUTION TO AUTHORIZE 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.
• FINANCIAL STATEMENT TO APPROPRIATE THE SUM OF$1,237,412.14 TO PAY
EXPENSES AND SALARIES FOR JUNE 2020.
• DEPARTMENT REPORTS
Council Member Swaim made a motion to approve the consent agenda. Council Member
Petty seconded the motion. On roll call, the following Council members voted aye: Council
Member Petty, Dodson, Swaim, Wood, Sparkman and Kneeland. The following voted nay:
none.
RESOLUTION 07-01-2020
CITY OF VAN BURIN,ARKANSAS
RESOLUTION NO. b7- O)-2020
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS,
A RESOLUTION TO BE ENTITLED:
A RESOLUTION TO AUTHORIZE IRE MAYOR AND CITY CLERK TO
REMOVE AND DISPOSE OF CERTAIN FIXED ASSETS FROM 1'Hr,CITY OF
VAN BUREN'S FIXED ASSET INVENTORY, BY SEALED BID, AUCTION
OR O1111R METHODS AUTHORIZED UNDER THE LAW, AND FOR
O I TIER PURPOSES.
WHEREAS, the City of Van Buren has certain fixed assets on its Fixed Asset Inventory List which are
obsolete,and/or beyond repair,and are no longer cost effective,so as to no longer be needed by
the City;and
WHEREAS, after an inventory of fixed assets,it is therefore recommended by our State Auditor that said
items or item be removed from the City's Fixed Asset Inventory and disposed of by sealed
bid,auction or as otherwise authorized under A.C.A§14-54-302.
NOW, THEREFORE, BE IT RESOLVED BY IJIE CITY COUNCIL OF VAN BUREN,
ARKANSAS,THAT:
SECTION 1: The City Council authorized the removal of the following fixed asset(Resolution No.04-01-
2020) however, paying 20% of auction proceeds to the State Crime Lab as noted was
incorrect. All proceeds will be paid to the State Forfeiture Fund. After review,a corrected
resolution is needed to satisfy record keeping for State Auditors.
Department Amount Description of Inventory Control#
City Inspector $17,260.00 2001 Ford F150 Pickup Truck CI-76
V N#FTRX17W41CA47917
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and
adopt,by a vote of(0 for and U against the foregoing Resolution at its regular meeting held on the 27's day
of July 2020.
Jose1'.3Iurst
Mayor
ATTESTED: APPRO O' 411.
PhIlis Thomas Candr - • Settle
City Clerk/Treasurer City Attorney
FINANCIAL STATEMENT JUNE 2020
June, 2020
Total Expenditures
$1,237,412.14
1 1 • 876• 36+
!,� 9 3 > 2 C 9 • 2+
11c , 326• 46+
1 , 2: , L; 12• 14*
0•*
9
On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE
BIDDING AND AUTHORIZE A CONTACT FOR,AND PURCHASE OF POLICE
VEHICLES FROM SUPERIOR CHEVROLET; FOR THE APPROPRIATION OF
FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. 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 said this will replace the
two totaled police department vehicles that we have insurance proceeds from. Those insurance
proceeds will cover all but$20,000 of the cost of the new vehicles. Council Member Kneeland
asked why one purchase price was higher than the other. Chief Hammond replied it was because
that vehicle is coming with some equipment already installed on it from a trade show.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council
Member Wood and seconded by Council Member Dodson to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes—Council Member Petty, Dodson, Swaim, Wood,
Sparkman and Kneeland. 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 Kneeland 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 Petty, Dodson, Swaim, Wood, Sparkman and Kneeland. 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 16-2020
CITY OF VAN BUREN,ARKANSAS
SECTION 3: The City Council in accordance with the terms of A.C.A.§14-58-303(b)(2)(B)hereby
ORDINANCE NO./6-2020 waives the uirement of con
req pethive bidding and directs the Mayor to purchase the
BE IT ENACIcU BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS above described vehicles for the price set forth in Section 2 above.
AN%JRDINANCE TO BE ENTITLED:
SECTION 4: It is further found that due to the immediate need to acquire these vehicles before the
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND quotes expire an emergency is declared to exist and this ordinance being necessary for
AUTHORIZE A CONTRACT FOR, AND PURCHASE OF the preservation of the public health,safety,and welfare,it shall take effect from and
POLICE VEHICLES FROM SUPERIOR CHEVROLET; FOR after its passage and approval.
THE APPROPRIATION OF FUNDS; DECLARING ATI
EMERGENCY;AND FOR OTHER PURPOSES. 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
WHEREAS, the City of Van Buren is in need of certain police vehicles for the safety of life and Ordinance.
protection of property by the City of Van Buren Police Department and
WHEREAS, after extensive research and inquiry,the City of Van Buren Police Chief has determined SECTION 6: The varioat provisions and parts of this Ordinance are hereby declared to be severable,
that the purchase of the vehicles from Superior Chevrolet of Siloam Springs at the 2020 and,if any section or part of a section,or any provision or part of a provision herein,is
state purchase price would be the most practical,feasible,and cost effective method for declared to be unconstitutional,inappropriate,or invalid by any court of competent
the department and jurisdiction,such holding shall not invalidate or affect the remainder of this Ordinance
WHRF 4S, the City Council has determined, and to that extent the provisions hereto are declared to be severable.
ed,pursuant to ACA§14-58-303(bx2)(B),that
exceptional circumstances exist which render the competitive bidding process to not be IN WITNESS WHEREOF,the City of Van Buren Arkansas,by its City Council,did pass,
practical or feasible;and approve,and adopt,by a vote of jo.for and_Oagainst,the foregoing Ordinance at its regular meeting
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF held on the 27.day of July 2020.
THE ETTY OF VAN BUREN,ARKANSAS,THAT:
SECT ON 1: The Police Department of the City of Van Buren Arkansas has an immediate need to _C6 V51—
purchase two 2020 Chevrolet Tahoes.One for the total sum of S 34,277.00,and a second Joseph
for the total sum of S 42,807.11. Mayor
SEC1EN 2: The purchase of said vehicles from Superior Chevrolet,located in Siloam Springs, ATTESTED: PRO'PROda T a. ORM:
Arkansas,for the total sum of S 77,084.11 as detailed in the attached quotes,are
necessary to protect the life and safety of Van Buren ciii,-ens.
�(,�y ftynr'o a om� i
➢rS TLomas 4 Candice A.Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE
NO. 7-1963 (VAN BUREN MUNICIPAL CODE NO. 14.04.01) FOR THE PURPOSE OF
REZONING CERTAIN PROPERTY IN THE CITY OF VAN BUREN,ARKANSAS,
AMENDING THE ZONING MAP OF THE CITY OF VAN BUREN,ARKANSAS,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 Swaim. The council followed with a unanimous vote.
The Clerk then read the Ordinance the second time.
Council Member Petty moved that the rules be further suspended and the Ordinance
placed on the third and final reading. The motion was seconded by Council Member Swaim.
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 discussion amongst the
council about the changes. City Planner Wally Bailey and Satterfield Land Surveyor
representative Ricky Hill explained that all issues were discussed at the Planning Commission
meeting and there was a 100% agreeance on the plans from the neighbors.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council
Member Kneeland and seconded by Council Member Wood to adopt the Ordinance as amended. On the
Clerk's calling the roll, the following vote resulted: Ayes—Council Member Kneeland, Petty, Dodson,
Swaim, Wood and Sparkman.Nays—None. The Mayor declared the motion carried as there were six (6)
ayes and(0) nays. Four (4) votes being necessary for passage.
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 17-2020
Legal Description:
Commencing at.an existing railroad spike marking
CITY OF VAN BUREN,ARKANSAS the Southwest Coiner„of the Nortbwesttuarter of
,, ORDINANCE NO.17-2020w. .-.. the Suutheastg`Quarter "Thence along the West
BE IT ENACTED BY-THE CITY COUNCIL FOR THE line of said Tarty,North 02 degrees 44 minutes 56
CITY OF VAN BUREN,ARKANSAS AN ORDINANCE seconds East,190.97 feet to a set p/k nail and the
'TO BE ENTITLED .,5 , '1' � Point of Beginning. Thence continuing along said
AN ORDINANCE TO AMEND ORDINANCE NO.7- West line;North 02 degrees 44 minutes 56 sec-
1963.... .(VAN`- BURBLY*MUNICIPAL7— CODE onds East,8500 feet. Thence leaving said West
NO.14.04.01) FOR,THE'PURPOSE'OF REZONING line, South'87 degrees 52 minutes 14 seconds
CERTAIN PROPERTY INTHE CITY OF VAN BU- East,281.50 feet to an existing iron pin:°-Thence
REN,ARKANSAS, AMENDING:THE ZONING MAP South;85;degrees:53 minutes 45i.seconds East,
OF-THE CITY OF VAN'BUREN,,ARKANSAS, AND 3530,feet#Watree occupying the corner.:Thence
FOR,OTHER PURPOSES. ` . South 02"degrees 44'minutes 56 seconds..West,
WHEREAS,the City of Buren Arkansas,is duly 85.00 feet to l'with• ' a set cap.rebel' yThence North
incorporated under the law of theState.of.Arkan- 87 degrees 39 minutes'fi4'seconds West,316.78
sat;with all powers,3uthorityy and duties of a city feet to the Point of„ Begigning ontaini rj0,81,„ f,
of the first class Act + . *acre end subj Rights of Way and
WHEREAS;the City of Van Buren hasdopterj the any.`Easementsof R�thrd.
Zoning Ordinance for,.t ee Clty:of Van Buren(Ord'- - 'Lalhnarr's Description t *,Y,
nance No.7-1963);and 420 North 20th Street,Van Buren,Arkansas
WHEREAS,-a request haseen ade by Chad Cox WHEREAS,the proposed rezoning herein was
to rezone certain property with;lithe'city limits of oniinaidedinN majority vote of the entire Plan
the City of Van Buren;and ning Commission r ' ccordance.with A.C.A. 14
WHEREAS, notice of a Public Hearing owes.duly • 56422 R•
published in the Press=Argos-Courieroit June 20, NOW,THEREFORE,BE IT ORDAINED AND ENACT,
2020,and a public'rearing was conducted,,a,re- ED BY THE CITY COUNCIL OF THE CITY(*VAN
quired by law(A C,A§14-'56-422)on July 7r2020; BURN,ARKANSAS,THAT: ` s
and J ` SECTION 1 The above-describedproperty is,
WHEREAS, as a result of this hearing,the Plan hereby rezoned from R-2to R-3 and the Van.Buren
ning Commission recommends that certain proper- Zoning"Map is`amendedto reflect this rezoning,
ty within,the city.limits of the.City of Van Buren IN WITNESS,WHEREOF:the City of Van Buren,Ar-
be rezoned from its previous classification tolthe kansas,by its City,Council;did pass,approve ad
following: zy ,r,; adopt,by a vote,of 6 for and 0 against,the forego-
Property Zoned f" r ;, ., ingOrdinanceatits'regular meeting held on the
R-2)Two-Family Residential District) "r I ' 27th'day of July2020.
New Zoning' 04, • -,.. Joseph P.Hurst,Mayor, i""" `",
R-3(MUM-Family'Residential Distract) ' Attested:Phylliis:Mamas,City;Clerk/Treesurer
-
Approved AS To Form: Candice A.Settle,City At-
torney
Published in the August'5,2020 issue of the Press
Argus-Courier::'
On the agenda next was to consider AN ORDINANCE FOR COMPLIANCE WITH ARK.
CODE ANN. § 14-42-107,AUTHORIZING THE CITY TO CONDUCT BUSINESS WITH AN
OFFICAL OR EMPLOYEE OF THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the
Ordinance in its entirety. Council Member Kneeland moved that the rules be suspended and the
Ordinance be placed on its second reading. The motion was seconded by Council Member Swaim. The
council followed with a unanimous vote. The Clerk then read the Ordinance the second time.
Council Member Petty moved that the rules be further suspended and the Ordinance
placed on the third and final reading. The motion was seconded by Council Member Dodson.
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. It was reiterated that Council Member
Wood has no interest in this company.
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 as amended. On the
Clerk's calling the roll,the following vote resulted: Ayes—Council Member Petty, Dodson, Swaim,
Sparkman and Kneeland. Council Member Wood abstained. Nays—None. The Mayor declared the
motion carried as there were five (5) ayes and (0) nays. Four (4) votes being necessary for passage.
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 18-2020
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.1-2020
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE FOR COMPLIANCE WITH ARK CODE ANN. § 14-42-107,
AUTHORIZING THE CITY TO CONDUCT BUSINESS WITH AN OFFICIAL OR
EMPLOYEE OF THE CITY OF'RAN BUREN,ARKANSAS.
WHEREAS, A.CA§14-42-107 requires an ordinance be enacted specifically permitting the
conducting of any business between an official or employee of the city and the City of
Van Buren;and
WHEREAS, the City of Van Buren wishes to conduct business on en ongoing basis with The Forging
Place,co-owned by the Clinical Director,Haley Bryant,sister of Van Buren City Council
Member Tyler Wood;and
WHEREAS, it is the desire of the city administration and the Van Buren City Council to comply with
A.CA.§14-42-107 for the conducting of all city business.
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION I• The Forging Place,co-owned by the Clinical Director,Haley Bryant,sister of City
Council Member Tyler Wood,is hereby authorized to conduct business with the City 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$ for and Q against,the foregoing Ordinance at its regular meeting
held on the 27.day of July 2020.
Jose.I Mgt
Mayor
ATTESTED: IAA
IA.a
vP a"a,c liornaav ' �
PhyllisThomas Candice A.Settle
City Clerlc/Treasurer City Attorney
Next on the agenda was Miscellaneous and General Discussion. Connie Martin gave a 2nd
Quarter report to the council for the Almost Home Shelter.
Mayor Hurst talked briefly on the COVID-19 pandemic and said as of right now we are just
following the governors mandate on face coverings when social distancing is not possible. He also stated
there will be a free drive through testing event at the Emergency Operations Center on August 1st from
7:00-11:00 a.m.
There being no further business, motion was made by Council Member Sparkman and seconded
by Council Member Swaim to adjourn. The Council followed with a unanimous vote. The meeting
adjourned at 5:58 p.m.
),,I. EST TY� APPROVED: /�_
CTf CLEF -TREASURER MAYOR6501.<_
i