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08 August 2020 Regular MINUTES OF THE VAN BUREN,ARKANSAS CITY COUNCIL MEETING AUGUST 24,2020 The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, August 24, 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, Swaim and Wood. City Clerk-Treasurer Phyllis Thomas and City Attorney Candice Settle were present. Council Member Sparkman was absent. This made a total of eight (8) present. A quorum was declared. The invocation was given by Council Member Mike Kneeland. Mr. Kneeland then led the Pledge of Allegiance. The following items were on the August 2020 consent agenda: • MINUTES OF THE REGULAR COUNCIL MEETING ON JULY 27,2020. • RES 08-01-2020-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. • RES 08-02-2020-A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF "LEGACY PLACE,PHASE 1,LOTS 1-21"WITHIN THE CITY OF VAN BUREN, CRAWFORD COUNTY,ARKANSAS. • FINANCIAL STATEMENT TO APPROPRIATE THE SUM OF$1,576,071.12 TO PAY EXPENSES AND SALARIES FOR JULY 2020. • DEPARTMENT REPORTS • A STREET CLOSING REQUEST FROM VAN BUREN FOOTBALL BOOSTERS FOR THEIR 5K DAWG POUND DASH ON SEPTEMBER 26,2020. Council Member Petty made a motion to approve the consent agenda. Council Member Kneeland seconded the motion. On roll call, the following Council members voted aye: Council Member Dodson, Swaim, Wood, Kneeland and Petty. The following voted nay: none. RESOLUTION 08-01-2020 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 25 - 1 -2020 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION TO AUTHORIZE ME 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. 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 THE CITY COUNCIL OF VAN BUREN, ARKANSAS,THAT: SECTION 1: The Mayor and City Clerk are hereby authorized to remove the following asset or assets from the Fixed Asset Inventory and to dispose of same by sealed bid,auction or other such methods authorized under the law: Department Amount Description Control# Police $4,486.93 Panasonic CF-30 Toughbook PD—644 Mobile Laptop SN 8BKYA15139 Police $2,758.32 Panasonic CF-52 Mobile PD—684 Laptop Computer SN 9GTYA66030 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 0 against the foregoing Resolution at its regular meeting held on the 24ih day of August 2020. /M .i; G - � Jose.. '. urst Mayor ATTESTED: -APPR o VED ii &RM: NMI Ph W Thomas -•'I•l•'• Settles City ClerkfFreasurer City Attorney 4 RESOLUTION 08-02-2020 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. - r9 -2020 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT OF"LEGACY PLACE,PHASE 1,LOTS 1-21"WITHIN THE CITY OF VAN BUREN,CRAWFORD COUNTY,ARKANSAS. WHEREAS, the City of Van Buren, Arkansas, is duly incorporated under the laws of the State of Arkansas,with all powers,authority and duties of a city of the first class,and under such authority has adopted the Subdivision Regulations for the City of Van Buren(Ordinance No.7-2003);and WHEREAS, the Van Buren Planning Commission reviewed and approved this fmal plat on August 4, 2020;and WHEREAS, as a result of this meeting, the proposed Final Plat hereto was recommended by a majority vote of the entire Planning Commission. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,CRAWFORD COUNTY,ARKANSAS. SECTION 1: Subject to the assurances provided in the Code of General Orders of the City of Van Buren Subdivision Regulations Title 15 et sq., being executed to assure that all improvements are put in and that all requirements of the Planning Commission are met, the submitted Final Plat for Legacy Place, Phase 1,Lots 1-21 within the City of Van Buren,is hereby approved and accepted. SECTION 2: The Mayor is authorized and directed to sign said plat document and the City Clerk is authorized and directed to attest to same upon acceptance by the City of the constructed improvements or upon filing of any necessary bonds with the City Clerk. 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 0 against,the foregoing Resolution at its regular meeting !, held on the 24th day of August 2020. Joseph . urst Mayor ATTESTED: APPR r ' j S TO FO' • • • Phy o mas 4 a A.Settle City Clerk/Treasurer City Attorney ! FINANCIAL STATEMENT JULY200 ) \ _ ' \ � � � } } ( { , / { \ \ July, 2020 ( \ /) TOTAL E EXPENDITURES \ { \ $ 1,576,0711 ( ( ( / ( ( - ( L. t ( t I,.( . [ ( l , sla, 616. 70+ E 106 , 899 . 68+ { 79 . 77+ ( [ - 113 , 47&.97+ / 1 , 576. 071 . 12* \ i I. ( \ { \ \ [ r ( ( ( ( ( \ 1 { 1 , ( : \ i i . • On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO PAY TEN PERCENT (10%) OF THE FEDERAL FUNDS AWARDED FROM THE ASSISTANCE TO FIREFIGHTERS GRANT. The Clerk read the Resolution in its entirety. Mayor Hurst asked if there was any discussion. Mayor Hurst thanked Chief Arnold for his work and efforts on applying for this grant. Chief Arnold mentioned this will help cover the costs to replace obsolete equipment. Council Member Swaim seconded by Council Member Wood moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Dodson, Swaim, Wood, Kneeland and Petty. 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 08-03-2020 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. - 3 -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 PAY TEN PERCENT (10%) OF THE FEDERAL FUNDS AWARDED FROM THE ASSISTANCE TO FIREFIGHTERS GRANT. WHEREAS, the City of Van Buren has applied for and been awarded the Assistance to Firefighters Grant from the Department of Homeland Security;and WHEREAS, the purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards;and WHEREAS, as a result of the award,the City will receive$294,651.36 in federal funding to purchase various equipment for the Van Buren Fire Department;and WHEREAS, as a condition of the grant,the City is required to contribute non-Federal funds equal to or greater than ten percent(10.0%)of the Federal funds awarded;and WHEREAS, the City's total contribution requirement is$29,465.14. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: • { SECTION 1: The Mayor and City Clerk are hereby authorized to pay$29,465.14 to the Department of Homeland Security for the City's portion of the awarded Assistance to Firefighters Grant. 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 U against,the foregoing Resolution at its regular meeting held on the 24th day of August 2020. Josep urst Mayor ATTESTED: AP' OVE i s• TO FORM: �n> — Phyllis Thomas Candi : •.S-. e City Clerk/Treasurer -i Attorney • On the agenda next was to consider A RESOLUTION AWARDING A SERVICE SIDEARM TO LIEUTENANT STEVEN D. WEAVER UPON HIS RETIREMENT. The Clerk read the Resolution in its entirety. Mayor Hurst asked if there was any discussion. Chief Hammond spoke briefly on Lt. Weaver's tenure. Lt. Weaver thanked the city for all the years of employment. Council Member Swaim 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, Swaim, Wood,Kneeland and Petty.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 08-04-2020 • CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. S - -2020 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION AWARDING A SERVICE SIDEARM TO LIEUTENANT STEVEN D. WEAVER UPON HIS RETIREMENT. WHEREAS, Van Buren Police Lieutenant Steven D. Weaver is retiring from the City on August 31,2020 after 29 years, 11 months and 25 days of service;and WHEREAS, Lieutenant Steven D. Weaver has demonstrated his dedication to duty and to the citizens of the City of Van Buren,Arkansas;and WHEREAS, upon regular service retirement under honorable circumstances,the City wishes to recognize Lieutenant Steven D.Weaver's service as a police officer,and award to him his issued sidearm carried by him at the time of his retirement from service. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The City Council for the Cityof Van Buren adopts this Resolution awardingthis P service sidearm, a Glock G45, Generation 5, 9mm caliber pistol, Serial Number BLBF176,to Lieutenant Steven D.Weaver upon his retirement August 31,2020. IN WITNESS WHFREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and adopt,by a vote of F for and Q against,the foregoing Resolution at its regular meeting held on the 24th day of August 2020. oj(�'� Jos Fi Hurst Mayor ATTESTED: APPR FO Ptmas andice .- e City Clerk/Treasurer City Attorney On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 07-1963 (AS AMENDED).FOR THE PURPOSE OF DEFINING MINI-STORAGE FACILITIES ADDING MINI-STORAGE FACILITIES TO THE PERMITTED AND CONDITIONAL USE LEGEND. 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 and City Planner Wally Bailey reiterated this is just a continued effort to clean up the Conditional Use legend. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council Member Petty and seconded by Council Member Kneeland to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes— Council Member Dodson, Swaim, Wood, Kneeland and Petty. 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 19-2020 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO.,1-2020 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BURIN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND ORDINANCE NO.07-1963(AS AMENDED) FOR THE PURPOSE OF DEFINING MINI-STORAGE FACILITIES AND ADDING MINI-STORAGE FACILITIES TO THE PERMITTED AND CONDITIONAL USE LEGEND. WHEREAS, the City adopted Ordinance 07-1963 relating to the zoning laws of the city of Van Buren, providing definitions, general provision; provisions governing zoning districts,exceptions and modifications,enforcement,and a Board of Adjustment,as allowed by A.C.A.§14-56-401 et.seq.;and WHEREAS, it has been determined by the City Council that there is a need to define mini-storage facilities and add mini-storage facilities to the permitted and conditional use legend;and WHEREAS, notice of a Public Hearing was duly published,and a Public Hearing was conducted by the -Van Buren Planning Commission on August 4, 2020 to consider these proposed amendments;and WHEREAS, the proposed changes herein were recommended by a majority vote of the entire Planning Commission. NOW,THEREFORE,BE IT ORDAINED AND ENAt-UT/BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: Article II of Ordinance No.7-1963 is amended to add the following definition: Jvlini-storage facility. A complex of small storage units which are rented or leased and which are arranged to be individually arsble to the lessee or renter. SECTION 2: The Permitted and Conditional Use Legend is amended as set forth in attachment"A" hereto. SECTION 3: 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 declared to be unconstitutional, inappropriate,or invalid by any court of competent jurisdiction,such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. IN 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 Ordinance at its regular meeting held on the 24a day of August 2020. � _tom � •� ATTESTED_ APP; 1w •FORM: • ?n c7rr � Phihs Thomas —:.,dice-A- etrle City Cleric/Treasurer City Attorney R t 1 4 Next on the agenda was Miscellaneous and General Discussion. Patrick Sanford spoke to the council about the city's response to COVID-19. Mr. Sanford demonstrated the COVID-19 statistics with a die for the council members. He asked the city to have more of a response to the protection against COVID-19. Council Member Petty asked if there were specific areas we could improve upon. Council Member Wood replied there will always be people who will out right refuse any mandate. Mayor Hurst discussed the census response. He stated door to door began on August 11th and it seems as though our response numbers have increased since then. He also thanked Jennifer Froud for her work in getting packets out. There being no further business,motion was made by Council Member Petty and seconded by Council Member Wood to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 6:06 p.m. AT STEP: APPROVED: CI CLERK-TREASURER MAYOR