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09 September 2021 Regular MINUTES OF THE VAN BUREN,ARKANSAS CITY COUNCIL MEETING SEPTEMBER 27,2021 The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, September 27, 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 Bell, Dodson, Osburn, Petty (via remote) and Wood. City Attorney Jacob Howell and City Clerk Phyllis Thomas were present. This made a total of seven(7)present. A quorum was declared. The invocation was given by Jacob Howell, Van Buren City Attorney. Jacob Howell then led the Pledge of Allegiance. Next, the following items were on the August 2021 consent agenda: • MINUTES OF THE REGULAR COUNCIL MEETING ON August 23,2021. • APPOINTMENT LETTER PHILIP MORTON—A&P COMMISSION • STREET CLOSURE—MONARCH 61 PROJECT • RESOLUTION—DISPOSAL AND DESTRUCTION OF POLICE RECORDS—RESOLUTION 09-01- 2021 • FINANCIAL STATEMENT • DEPARTMENT REPORTS: POLICE—FIRE—BUILDING DEPARTMENT—PUBLIC WORKS/PLANNING—AMBULANCE. Council Member Bell made a motion to approve the consent agenda. Council Member Osburn seconded th motion. Council members voted aye: five The-following voted nay: none. `s. RESOLUTION 09-01-2021 g 5 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.C 9-O/-2021 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. WHEREAS, the Van Buren Police Department has outdated,unnecessary and redundant records that need to be disposed of and destroyed;and WHEREAS, the Van Buren Police Department has identified said records to be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,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS,THAT: SECTION 1: 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 (a)(3)(K)&(L)and ARK.Code Annotated§14-2-204. t IN TESTIMONY WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of_for and 0 against,the foregoing Resolution at its regular meeting held on the 27th day of September 2021. J seph P. ur Ma ATTESTED: 7'IW Ph lhs Thotaiis e City Clerk/Treasurer City Attorney _ t a s e li August 2021 Total Expenditures $3,962,862.32 ($2,446,929.16 of expenditures was transfer of American Rescue Plan funds to separate account) r. Total Expenditures, excluding transfer of ARP funds $1,515,933.16 On the agenda next was to consider A RESOLUTION AUTHORIZING PAYMENT TO COX COMMUNICATIONS FOR RELOCATION OF FIBER OPTIC CABLES FOR THE 20TH STREET OVERLAY PROJECT. The Clerk read the Ordinance in its entirety. Mayor Hurst stated that this is part of the north 20th Street Project. The relocation of the fiber optic cables was not included in the original contract. John Karstens, Street Superintendent, stated that the preliminary estimate was $17,200.00. Cox Communications had to bring in a sub-contractor to do the work and that is why the price changed. Mayor Hurst stated that this was initially under the $20,000.00 dollar threshold. Mayor Hurst asked if there was any discussion. There was none. 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 Osburn, Petty, Wood, Bell, and Dodson. 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 09-02-2021 RESOLUTION 09-02-2021 E CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.09 -D�),2021 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING PAYMENT TO COX COMMUNICATIONS FOR RELOCATION OF FIBER OPTIC CABLES FOR THE 20TH STREET OVERLAY PROJECT. WHEREAS, the City of Van Buren,Arkansas desires to continue making street and drainage improvements at North 20a'Street;and € WHEREAS, the North 20`h Street Improvements Project required relocation of fiber optic cables at a cost of$22,512.19 to be paid to Cox Communications. 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 Cox Communications$22,512.19 from Capital Improvement and Street Funds for the relocation of fiber optic cables associated with the 201' Street Improvements Project,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 �T for and e—') against,the foregoing Resolution at its meeting held on the 27 h day of September 2021. 1 CLoseph,P.flurst Mayor ATTESTED: APPROVED AS TO FORM: Phy ii Thomas 'Jlrwell City Clerk/Treasurer City Attorney I s k: 5 ORDINANCE 14-2021 On the agenda next was to consider AN ORDINANCE LEVYING (RENEWING) THE MILLAGE TAX FOR THE CITY GENERAL MUNICIPAL PURPOSES AND FOR THE PUBLIC LIBRARY PURPOSES FOR THE YEAR 2021; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. 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 Dodson. The Council followed with a unanimous vote. The Clerk then read the Ordinance the third and final time. Mayor Hurst stated that this is an ordinance levying the millage tax for 2021. Mayor Hurst also wanted to emphasize that this is not a new tax and not a new millage, we are just continuing the existing tax. We are required every year to bring this before council and approve. Motion was made by Council Member Dodson 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, Petty Wood, Bell, and Dodson. NAYS —None. The Mayor declared the motion carried as there were five (5) AYES and zero (0)NAYS. Motion was made by Council Member Wood and seconded by Council Member Bell that the Emergency Clause be adopted. On the Clerk's calling the roll, the following vote resulted: AYES —Council Member Osbum, Petty, Wood, Bell, and Dodson 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 14-2021 ORDINANCE 14-2021 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO. -2021 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE LEVYING (RENEWING) THE NIILLAGE TAX FOR THE CITY GENERAL MUNICIPAL PURPOSES AND FOR THE PUBLIC LIBRARY PURPOSES FOR THE YEAR 2021;DECLARING AN EMERGENCY;AND FOR OTHER PURPOSES. I 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 WHEREAS, the purpose of this Ordinance is immediately necessary for preservation of the health, safety and welfare of the inhabitants of the City of Van Buren,Arkansas,and an emergency exists which requires that this Ordinance become immediately effective and in full force and effect;and WHEREAS, the City of Van Buren,Arkansas,must have funds for its municipal operations,and can only obtain the requisite funding to continue its current level of services to its : citizens by renewing the levy of a 2 mill tax on real and personal property,for the general municipal purpose of the City,and by renewing the levy of a 1.4 mill tax on real and personal property tax for the Van Buren library maintenance purposes. NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The rate of all real and personal property taxes in Van Buren,Arkansas,for the year 2021,for general municipal purposes under the authority of Section 4,Article X11,of the Constitution of 1874,of the State of Arkansas,be,and the same is hereby affixed at . 2 mills on the dollar of the assessed valuation of all real and personal property subject to taxation in the City of Van Buren,Arkansas,for the year 2021,for general municipal purposes. SECTION 2: The rate of all real and personal property taxes in the City of Van Buren,Arkansas,for the year of 2021,for the maintenance of a City Public Library,under the authority of a vote of the people of the City of Van Buren,Arkansas,and the City General Elections held on the 7th day of April,1942,(1 mill)and the 8th day of November, 1994,(A mill),be,and the same is hereby affixed at 1.4 mills on the dollar of the assessed valuation of all real and personal property subject to taxation in the City of Van Buren,Arkansas,for the year 2021,for the library maintenance purposes, subject to the provisions of Act No.848 of 1981;the same being"adjustment or rollback of tax rates due to increase in aggregate valuation of taxable property." SECTION 3: A Certified Copy of this Ordinance shall be filed in the office of the County Clerk of Crawford County,Arkansas,in order that the Quorum Court of Crawford County, Arkansas,may include the same in the general levy of the year 2021 and cause the same to be extended upon the tax books and collected as required by law. SECTION 4: This Ordinance being immediately necessary to obtain revenue to pay expenses of the City Government for the City of Van Buren,Arkansas,and necessary in providing for the immediate preservation of the public peace,health,and safety,an emergency is declared to exist and this Ordinance shall be,take effect,and be in force after its passage and publication. 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'b day of September 2021. 4ose .�Hurt Mayor ATTESTED: APPROVED AS TO FORM: Ph is Thomas Howe On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE CONCRETE PURCHASES FOR IN-HOUSE STREET REPAIR PROJECTS, DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Council Member Osburn moved that the rules be suspended, and the Ordinance be placed on its second reading. The motion was seconded by Council Member Bell. The Council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Council Member Osburn 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. Mayor Hurst stated that as a reminder we had a similar ordinance that we presented and approved last month. The calculations were off, so we are needing to raise the limit. The Mayor stated that we had an invoice come in late. John Karstens, Street Superintendent, stated that there were a few miscalculations, but the amount he is asking for now will take care of the remainder due. Mayor Hurst stated that we just wanted to make sure that we had the threshold correct after we received the latest invoice. Motion was made by Council Member Bell 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 Osburn, Petty Wood, Bell, and Dodson. NAYS —None. The Mayor declared the motion carried as there were five (5)AYES and zero (0)NAYS. Motion was made by Council Member Osburn and seconded by Council Member Wood that the Emergency Clause be adopted. On the Clerk's calling the roll, the following vote resulted: AYES —Council Member Osburn, Petty, Wood, Bell, and Dodson 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 15-2021 t F ORDINANCE 15-2021 CITY OF VAN BUREN,ARKANSAS t. ORDINANCE NO. IS -2021 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: I AN ORDINANCE TO WAIVE COMPETITIVE BIDDING ' AND AUTHORIZE CONCRETE PURCHASES FOR IN- HOUSE STREET REPAIR PROJECTS, DECLARING AN EMERGENCY;AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren desires to continue repairing streets within the City of Van Buren;and WHEREAS, the Van Buren City Council approved funds in the 2021 budget for in-house street repair projects;and WHEREAS, pursuant to A.C.A. § 14-58-303(b)(2)(B), the Van Buren City Council has determined that exceptional circumstances exist which render the competitive bidding process to not be practical or feasible;and d WHEREAS, the City of Van Buren desires to purchase concrete from the following companies located in the following local companies: APAC Central Inc, Mid-Continent F Concrete, and Eagle Redi-Mix, in the amount not to exceed $350,000 for said projects. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Street Department of the City of Van Buren,Arkansas has an immediate need 4 to purchase concrete for in-house street repair projects. SECTION 2: The City Council,in accordance with the terms of A.C.A. § 14-58-303(b)(2)(B), hereby waives the requirement of competitive bidding and directs the Mayor and City Clerk to purchase concrete for in-house street repair projects. SECTION 3: Due to the immediate need to purchase concrete for in-house street repair projects an emergency is declared to exist, and this ordinance being necessary for the preservation of the public health,safety,and welfare,it shall take effect from and after its passage and approval. €t€ E SECTION 4: The Mayor and City Clerk are hereby authorized by the City Council for the City . of Van Buren to pay all invoices,not to exceed$350,000,to APAC Central Inc, Mid-Continent Concrete, and Eagle Redi-Mix of Van Buren from Capital g Improvement and Street Funds relating to these projects, and to execute all documents necessary to effectuate this Ordinance. 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 1 regular meeting held on the 27t'day of September 2021. 1 )Ci P� 4 e h st Mayor ATTESTED: APPROVED O FO D Ph)ft Thomas Jac gb owell City Clerk/Treasurer City Attorney 1 Next on the agenda was Miscellaneous and General Discussion. hiRandy and Gena Alder live in Phase 3 of Vista North. Gena spoke about the abundance of motor es, RV trailers and mowing equipment trailers in yards and on the street. She spoke about neighbors having cars parked in yards as well. "We, being the people here tonight, Randy and Gena Alder, Robert Houston and Kathleen Murphy are concerned about the devaluation of our properties. There was a covenant in our neighborhood at one time, but it has been hard to enforce. We have lived here for thirty years, and the neighborhood has progressively gotten worse. We are hoping to get an ordinance set up so we can have things better enforced"' Alder stated. Robert Houston also spoke about the situation and expressed similar concerns. " We are just wanting your help, so that our property will maintain its value", Houston stated. Wally Bailey spoke about how he had developed these types of ordinances in Fort Smith. It can be done here in Van Buren if the desire is there. Mr. Bailey also stated that Code Enforcement will be the ones that will be responsible for taking care of this type of ordinance. Mayor Hurst stated that we do have ordinances in place for no parking on the streets, but the city does not enforce covenants. Mayor Hurst stated that there are several steps to go through to get code changes. First, you will have to go through our Planning Commission, then it will go before the city council, and then there will be public hearings so that the neighborhood can come out and have a discussion. There being no further business, motion was made by Council Member Bell and seconded by Council Member Dodson to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 6:10p.m. ATTESTED: APPROVED: CI Y CLERK"-TREASURER MAYOR