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04 April 2021 Regular 4 . MINUTES OF THE VAN BUREN,ARKANSAS CITY COUNCIL MEETING APRIL 26,2021 The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, April 26, 2021 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 Kneeland, Petty, Dodson, Bell,Wood and Osburn. City Clerk-Treasurer Phyllis Thomas and City Attorney Jacob Howell were present. This made a total of nine (9)present. A quorum was declared. The invocation was given by City Attorney, Jacob Howell. Mr. Howell then led the Pledge of Allegiance. Next,the following items were on the April 2021 consent agenda: • MINUTES OF THE REGULAR COUNCIL MEETING ON MARCH 22,2021. • STREET CLOSURE REQUEST-FIRST BAPTIST CHURCH,JUNE 7-11 • BOARDS AND COMMISSIONS-REAPPOINTMENT OF PARKS AND RECREATION COMMISSIONERS • RES 04-01-2021-A RESOLUTION AUTHORIZING THE MAYOR TO MAKE PAYMENTS TO MOTOROLA SOLUTIONS FOR POLICE DEPARTMENT CAMERA SYSTEMS. • RES 04-02-2021-A RESOLUTION AUTHORIZING THE MAYOR TO PAY TEN PERCENT(10%)OF THE FEDERAL FUNDS AWARDED FROM THE ASSISTANCE TO FIREFIGHTERS GRANT. • FINANCIAL STATEMENT TO APPROPRIATE THE SUM OF$1,548,358.43 TO PAY EXPENSES AND SALARIES FOR MARCH 2021. • DEPARTMENT REPORTS. Council Member Bell made a motion to approve the consent agenda. Council Member Wood seconded the motion. On roll call,the following Council members voted aye: Council Member Osburn, Kneeland, Petty, Dodson, Bell and Wood. The following voted nay: none. RESOLUTION 04-01-2021 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.SI -0/-2021 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 MAKE PAYMENTS TO MOTOROLA SOLUTIONS FOR POLICE DEPARTMENT CAMERA SYSTEMS. WHEREAS, the Van Buren City Council approved Ordinance 30-2020 to authorize the purchase of digital in-car video and wearable camera systems to be utilized by the police department;and WHEREAS, the police department camera systems are sold by WatchGuard,but the financing is through Motorola Solutions to be paid in four(4)annual installments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Mayor is authorized to make four (4) annual installments to Motorola Solutions for digital in-car video and wearable camera systems in the amount of $79,392.88,totaling$317,571.50. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did pass,approve,and adopt,by a vote of for and CD against,the foregoing Resolution at its meeting held on the 26th day of April 2021. C� Joseph P. st r. • ATTESTED: APPROVED AS TO FORM: ,yoad,,,,,,,CrI7OCLCL) Ph k Thomas �__ City Clerk/Treasurer i Attorney • RESOLUTION 04-02-2021 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 4 -ba.-2021 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 was awarded$294,651.36 from the Department of Homeland Security's Assistance to Firefighters Grant;and WHEREAS, as a equal to ocondition of the grant,the City is required to r contribute greater than ten percent(10%)of the Federal funds funds awarded;and WHEREAS, the Van Buren City Council approved Resolution 8-3-2020 which incorrectly authorized the Mayor to pay ten percent(10%)of the award to the Department of Homeland Security instead of paying Casco Industries,Inc;and WHEREAS, the City's total ten percent(10%)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 Casco Industries, Inc for the City's ten percent (10%) portion of the 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 (o for and 0 against,the foregoing Resolution at its regular meeting held on the 26m day of April 2021. ..-,losep P. urst Mayor i' ' ._ TO • .. ATTESTED: AP OOP -411111 Ca �� Phyllis Thomas Jacob .. I City Clerk/Treasurer City Attorney FINANCIAL STATEMENT MARCH 2021 • March 2021 Total Expenditures: $1,548,358.43 • o • 1 7 1 Ls. , rts,7*:- • I 9+ 49 • 52+ 119 , 11b. • 2 • On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE ALMOST HOME ANIMAL SHELTER AND RESCUE IN THE CITY OF VAN BUREN,ARKANSAS. The Clerk read the Resolution in its entirety. Mayor Hurst asked if there was any discussion. There was none. Council Member Kneeland 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 Osbum,Kneeland, Petty, Dodson, Bell 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 04-03-2021 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.L-03-2021 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 ENTER INTO AN AGREEMENT WITH THE ALMOST HOME ANIMAL SHELTER AND RESCUE IN THE CTTY OF VAN BUREN,ARKANSAS. WHEREAS, the Almost Home Animal Shelter and Rescue has been serving the area since 2017;and WHEREAS, the Almost Home Animal Shelter and Rescue mission is all about adopting, volunteering and fostering the dogs,especially those with the greatest needs;and WHEREAS, the proposed agreement will continue the successful partnership between the City and the Almost Home Animal Shelter and Rescue,that has benefitted the interests of city residents. NOW,1l L REFORE,BE IT RESOLVED BY THE CTTY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Mayor is hereby authorized to enter into an agreement(Exhibit"A")with the Almost Home Animal Shelter and Rescue to benefit the interests of city residents and has budgeted a total of$20,000.00 to be paid by April 30,2021. IN WITNESS WHEREOF,the City of Van Buren,Arkansas, by its City Council, did pass, approve,and adopt,by a vote of for and v against,the foregoing Resolution at its regular meeting held on the 26'' day of April 2021. Joseph P. May ATTESTED: APPROVED AS TO FORM: Phyllis Thomas ell City Clerk/Treasurer City Attorney On the agenda next was to consider AN ORDINANCE TO ADOPT TILE AMENDED STANDARD DRAWINGS FOR PUBLIC WORKS CONSTRUCTION. 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 Dodson. 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 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. City Planner Wally Bailey further explained this will create one uniform standard as well as create a standard for duplex driveways. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council Member Petty and seconded by Council Member Bell to adopt the Ordinance as amended. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Osburn,Kneeland,Petty, Dodson, Bell and Wood. 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 04-2021 CITY'OF VAN BUREN,ARKANSAS a: ORDINANCE NO. 4 -2021 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO ADOPT THE AMENDED STANDARD DRAWINGS FOR PUBLIC WORKS CONSTRUCTION. WHEREAS, the standard technical specifications and the standard drawings for public works construction exist to promote responsible and consistent construction in the City of Van Buren;and WHEREAS, it is nece cary to amend the driveway details of the Standard Drawings for Public Works Construction to provide correlation and consistency with existing city standards governing the construction of driveways and to add driveway design criteria for residential duplex construction;and WHEREAS, notice of a public bearing was duly published,and a public hearing was conducted by the Van Buren Planning Commission to consider amendments to the standard drawings for public works construction;and WHEREAS, the amended standard drawings were recommended by a unanimous vote of the entire Planning Commission;and NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF VAN BUREN,ARKANSAS,THAT: Section 1: The amended City of Van Buren Standard Drawings for Public Works Construction as set forth in Attachment"A"are adopted in their entirety. Section 2: Severability: 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 a for and O against,the foregoing Ordinance at its regular meeting held on the 26"of April 2021. seph urst Mayor ATTESTED: APPROVED AS TO FORM: ..`ill: @P;,o0(-2 14emau) On the agenda next was to consider AN ORDINANCE AMENDING ORDINANCE 23-1996 FOR THE CONTROL OF ACCESS TO STREETS AND HIGHWAYS,ADDING ACCESS REGULATIONS FOR RESIDENTIAL SUBDIVISIONS AND SITES. 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 Petty. 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 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. There was none. 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 as amended. On the Clerk's calling the roll,the following vote resulted: Ayes—Council Member Osburn, Kneeland, Petty, Dodson, Bell and Wood.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 05-2021 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO. 5 - BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE.TO BE ENTITLED: AN ORDINANCE AMENDING ORDINANCE 23-1996 FOR THE CONTROL OF ACCESS TO STREETS AND HIGHWAYS, ADDING ACrlCC REGULATIONS FOR RESIDENTIAL SUBDIVISIONS AND SITES WHEREAS, the City adopted Ordinance 23-1996 for the purpose of establishing regulations • governing control of access to sheets and highways in the City of Van Buren;and • WHEREAS, a need exists requiring an amendment to illustration"A"of Ordinance 996 to provide proper correlation and consistency with existing city governing the construction of driveways and to add driveway design criteria for residential duplex construction;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 proposed amendments;and WHEREAS, the proposed changes herein were recommended by a majority vote of the entire Planning Commission;and NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: Blustration"A"of Ordinance 23-1996 is amended as set forth in attachment"A" hereto. SECTION 2: Severabrlity: 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 pert 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 against,the foregoing Ordinance at its regular meeting held on the 26w of April 2021. Josep P.Hurst ATTESTED: APPROVED AS TO FORM: City Clerk/Treasurer City Attorney On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 7-1963 (AS • AMENDED) FOR THE PURPOSE OF PROVIDING CLARIFICATION FOR THE R-3B CONDOMINIUM ZONING DISTRICT. The Clerk read the Ordinance in its entirety. Council Member Bell 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 Bell 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 Petty and seconded by Council Member Kneeland to adopt the Ordinance as amended. On the Clerk's calling the roll,the following vote resulted: Ayes—Council Member Osburn, Kneeland, Petty, Dodson, Bell and Wood.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 06-2021 CITY'OF VAN BUREN,ARKANSAS ORDINANCE NO. 6 -2021 I 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.07-1963(AS AMENDED)FOR THE PURPOSE OF PROVIDING CLARIFICATION FOR THE R-3B CONDOMINIUM ZONING DISTRICT. 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 Adostment, as allowed by AC.A 14-56-401 et sag.;and WHEREAS, it has been determined by the City Council that there is a need to provide clarification concerning the permitted land uses in the R-3B Condominium zoning district;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 proposed amendments;and WHEREAS, the proposed changes herein were recommended by a majority vote of the entire Planning Commission;and NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARIA NSAS,THAT: SECTION 1: Article V,Section 4 of Ordinance No.7-1963 is amended to add the following new paragraph 8: Exclusivity of this Section: Condominium is the only use pertained in the R- 3B Condominium District. SECTION 2: 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 6, for and Q against,the foregoing Ordinance at its regular meeting held on the 261b of April 2021. Josepi Ceree P P.. Mayor ATTESTED: APPROVED AS TO FORM: 0 roan) P rJf�is eu City Cledraream^^ City Attorney Next on the agenda was Miscellaneous and General Discussion. City Attorney, Jacob Howell, gave the annual legal report. Council Member Petty asked if this was a different lawsuit with Sons of the Southern Cross afteir reading a news article recently. Mr. Howell explained this is the same lawsuit, however, there are two defendants. The city, represented by the Municipal League, will assume the same defense as the other meitioned defendants, TOTMA. As of now,the city is in proper standing to move forward and present our defense. Next, Almost Home Animal Shelter gave their quarterly report. Lastly, Mayor Hurst congratulated Police Chief Hammond and the Van Buren Police Department for receiving the "Spirit of Community" award from the United Way. There being no further business, motion was made by Council Member Bell and seconded by Council Member Osburn to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 5:58 p.m. ATTESTED: APPROVED: CI Y CLERK-TREASURER MAY R