10 October 2021 Regular MINUTES OF THE VAN BUREN,ARKANSAS
CITY COUNCIL MEETING OCTOBER 25,2021
The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, October 25, 2021 at the
Van Buren Municipal Complex. The meeting was called to order by Mayor Hurst. On roll call,the following
Coimcil members answered as their names were called: Council Member Bell, Dodson, Kneeland, Osburn,
Petly and Wood. City Attorney Jacob Howell and City Clerk Phyllis Thomas were present. This made a total
of dight(8) 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 September 2021 consent agenda:
MINUTES OF THE REGULAR COUNCIL MEETING ON September 27,2021.
• STREET CLOSURE—VETERAN'S DAY PARADE
• RESOLUTION—FIXED ASSET REMOVAL ENGINEERING DEPARTMENT—RESOLUTION 10-01-
2021
• FINANCIAL STATEMENTS
• DEPARTMENT REPORTS: POLICE—FIRE—BUILDING DEPARTMENT—PUBLIC
WORKS/PLANNING—AMBULANCE.
Council Member Wood made a motion to approve the consent agenda. Council Member Dodson
sec nded the motion. Council members voted aye: six The following voted nay: none.
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RESOLUTION 10-01-2021
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CITY OF VAN BUREN,ARKANSAS
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RESOLUTION NO. U _O/ -2021
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS,
A RESOLUTION TO BE ENTITLED:
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A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERK TO
REMOVE AND DISPOSE OF CERTAIN FIXED ASSETS FROM THE CITY OF `
VAN BUREN'S FUCED ASSET INVENTORY, BY SEALED BID, AUCTION
OR OTHER METHODS AUTHORIZED UNDER THE LAW, AND FOR
OTHER PURPOSES.
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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 t
the Fixed Asset Inventory and to dispose of same by sealed bid,auction or other such methods
authorized under the law:
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Department Amount Description of Inventory Control#
Engineering Department $9,157.65 HP DesignJet T1100MFP EG-21 t
Scanner/Plotter
SN-DK8814FO 1M
Engineering Department $9,692.35 HP DesignJet 72500 EG-22
Plotter t
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IN WTINES$WHEREOK,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and
adopt,by a vote of Co for and_against the foregoing Resolution at its regular meeting held on the 251 day
of October 2021. c
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Mayor
ATTESTED: APPROVED AS TO FORM:
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Phyllis Thomas owell
City Clerk/Treasurer City Attorney
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CITY OF VAN BUREN
September, 2021
Total Expenditures
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On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO ENTER
IN O A CONTRACT FOR ENGINEERING SERVICES FOR THE CITY OF VAN BUREN,
A NSAS,AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Mayor Hurst
ask d Mr. Wally Bailey if he would speak about this grant and what it will be used for. Wally Bailey stated,we
we previously awarded the ARDOT TAP GRANT for the construction of a downtown street scape project.
We have an opportunity to receive funding from the Department of Emergency Management and FEMA,that
would take care of a big share of the drainage, in the downtown area. One of the things we can include in our
grai t application is the engineering piece. Western Arkansas & Planning Development District staff are the
one that are preparing the application. If we can get this resolution passed, it will be sent with our grant
app ication. Mayor Hurst asked if there was any discussion. There was none. Council Member Bell seconded
by Council Member Kneeland moved that the Resolution be adopted. On the Clerk's calling the roll,the
following vote resulted: Ayes—Council Member Osburn, Petty, Wood, Bell, Dodson, and Kneeland. Nays—
No e.
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 10-02-2021
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RESOLUTION 10-02-2021
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO./U -02- -202i
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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
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A CONTRACT FOR ENGINEERING SERVICES FOR THE CITY
OF VAN BUREN,ARKANSAS,AND FOR OTHER PURPOSES.
WHEREAS, Van Buren,Arkansas,is applying for Hazard Mitigation Grant Program(HMGP)
funding through the Arkansas Department of Emergency Management and FEMA
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for the purpose of planning,design,bidding,and construction administration for a
drainage project that will address flooding issues in downtown Van Buren;and
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WHEREAS, Van Buren received (1) one response to the request for qualifications for
engineering services. - r
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN,ARKANSAS,THAT:
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SECTION 1: That the City Council of Van Buren,Arkansas authorizes the Mayor to enter into
an engineering contract with Hawkins Weir for the engineering services for the f
proposed drainage improvements along Main Street and Washington Street. I.
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IN WITNESS WHEREOF,the City of Van Buren,Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of G for and O against, the foregoing Resolution at its
regular meeting held on the 251h day of October 2021. E
J e h Hurst c
Mayor
ATTESTED: APPRO D AS TO FORM:
P yIlis Thomas Jacob
City Clerk/Treasurer City Attorney
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On the agenda next was to consider A RESOLUTION ACCEPTING THE PLANNING
CO MISSION'S RECOMMENDATION FOR THE ANNUAL SIDEWALK PROGRAM AS FUNDED
BY rHE SIDEWALK CONSTRUCTION AND MAINTENANCE FUND. The Clerk read the Ordinance in
its c itirety. Mayor Hurst asked Mr. Wally Bailey if he would speak. Mr. Wally Bailey stated that this
recc ,mnendation comes from the Planning Commission as a requirement of Ordinance 5-1997. This ordinance
req 'res the Planning Commission to have a public hearing every October regarding spending priorities on
sidewalks. The Annual Sidewalk Fund receives only 30%of the building fee, from each Building Permit sold.
Council Member Petty suggested a study to increase the fee on Building Permits. Mayor Hurst asked if there
was any discussion. There was none. Council Member Petty seconded by Council Member Osburn moved that
the Zesolution be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes—Council
Mei nber Osburn, Petty, Wood, Bell, Dodson and Kneeland. Nays—None.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by
the ity Clerk and impressed with the seal of the City.
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THE RESOLUTION WAS GIVEN THE NUMBER 10-03-2021
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RESOLUTION 10-03-2021
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CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. /0- 03 -2021 1
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
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ARKANSAS,A RESOLUTION TO BE ENTITLED:
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A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S
RECOMMENDATION FOR THE ANNUAL SIDEWALK PROGRAM AS
FUNDED BY THE SIDEWALK CONSTRUCTION AND MAINTENANCE
FUND
WHEREAS, a Sidewalk Construction and Maintenance Fund was established with Ordinance 5-
1997 for the purpose of collecting funds for sidewalks and establishing procedures
for the administration of those funds;and
WHEREAS, the purpose of Ordinance 5-1997 is for construction and maintenance of sidewalks
for the safe conveyance of pedestrian traffic,primarily,but not limited to,sidewalks
around schools and along streets defined as collector and arterial streets on the �.
master street plan;and #
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WHEREAS, the Planning Commission held a public hearing on October 5,2021,to receive
input from the public and prepare a recommendation where sidewalks need to be
built,
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NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN,ARKANSAS,THAT: `
SECTION 1: The City Council accepts the Planning Commission's recommendation for the
sidewalk program as funded by the Sidewalk Construction and Maintenance Fund
for the next year.The recommendation and priorities are shown on Exhibit A to g
this Resolution.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did
pass,approve,and adopt,by a vote of for and y against,the foregoing Resolution at its
regular meeting held on the 25`h day of October 2021. n .
J Hurst
Mayor
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ATTESTED: APPR VED AS TO FORM:
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Phyllis Thomas aco Howell F
City Clerk/Treasurer City Attorney
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On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO AMEND
T CONTRACT FOR THE NORTH 2OTH STREET AND MAPLE STREET OVERLAY PROJECT.
Th Clerk read the Ordinance in its entirety. Mayor Hurst asked Mr. Blake Peacock from Hawkins—Weir
En ineering to speak about the three separate change orders made to the initial agreement. The first and second
ch ge orders are to fix drainage problems that were discovered during construction. One is at City Park and
No h 20th and the other is at Alma Blvd. and North 20th. The third change order was requested by the city to
eli inate the retaining wall and sidewalk across the street from King Elementary School. The sidewalk sits
abo t 4 to 5 feet above North 201h street which is a potential hazard. We will be lowering that stretch of
sid alk. Mayor Hurst asked if there was any discussion. There was none. Council Member Wood seconded
by ouncil Member Dodson moved that the Resolution be adopted. On the Clerk's calling the roll,the
foll wing vote resulted: Ayes—Council Member Osburn, Petty, Wood, Bell, Dodson, and Kneeland.Nays—
No e.
I The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by
the ity Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 10-04-2021
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RESOLUTION 10-04-2021
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CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO./U -OAF -2021
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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 AMEND
THE CONTRACT FOR THE NORTH 2OTH STREET AND
MAPLE STREET OVERLAY PROJECT.
WHEREAS, Goodwin and Goodwin,Inc.was approved by the Van Buren City Council to start the
North 20th Street and Maple Street Overlay Project,pursuant to Ark.Code Ann,Section
19-11-801,and the Council further authorized the Mayor and City Clerk to enter into an
agreement with Goodwin and Goodwin,Inc.to provide those services;and
WHEREAS, an agreement with Goodwin and Goodwin,Inc.was entered into;and
WHEREAS, three separate change orders to the initial agreement have been submitted totaling
$264,445.00.
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NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS,THAT: t
SECTION 1: The Mayor and City Clerk are hereby authorized to execute change orders not to exceed
$264,445.00 as set forth in Exhibit"A"hereto,and to pay all expenses relating to this
project in accordance with the change orders and the original agreement.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, E
approve,and adopt,by a vote of& for and against,the oregoing Resolution at its regular F
meeting held on the 256'day of October 2021.
J eph ur
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ATTESTED: APPROVED AS TO FORM:
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1'h Ills Thomas
�aco Howell s
City Clerk/Treaswer City Attorney €
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ORDINANCE 16-2021
On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 07-1963 (AS
AMENDED) FOR THE PURPOSE OF AMENDING THE REQUIREMENTS FOR THE
RECONSTRUCTION OF A NON-CONFORMING STRUCTURE OR STRUCTURES OCCUPIED BY
A NON-CONFORMING USE.
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
Osburn. 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 Osburn. The Council followed with a
unanimous vote. The Clerk then read the Ordinance the third and final time.
Mayor Hurst asked Wally Bailey if he would speak on the ordinance. Mr. Bailey explained the
difference of a non-conforming structure or structures occupied by a non-conforming use.
. The Mayor asked if there was any discussion. There was none.
Motion was made by Council Member Petty and seconded by Council Member Dodson to adopt the
Ordinance as amended. On the Clerk's calling the roll, the following vote resulted: AYES—Council Member
Osburn, Petty Wood, Bell, Dodson, and Kneeland. NAYS —None.
The Mayor declared the motion carried as there were six (6) 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 Osburn, Petty, Wood, Bell, Dodson, 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 16-2021
ORDINANCE 16-2021
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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: ±.
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AN ORDINANCE TO AMEND ORDINANCE NO.07-1963(AS AMENDED)FOR
THE PURPOSE OF AMENDING THE REQUIREMENTS FOR THE F
RECONSTRUCTION OF A NON-CONFORMING STRUCTURE OR
STRUCTURES OCCUPIED BY A NON-CONFORMING USE
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,
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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 provide direction
and clarification for the reconstruction of a nonconforming structure or a structure
occupied by a non-conforming use;and
WHEREAS, notice of a Public Hearing was duly published,and a Public Hearing was conducted
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by the Van Buren Planning Commission on October 5, 2021 to consider these
proposed amendments;and i
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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: Article IV,Section 2,paragraph 4 of Ordinance No.7-1963 is amended to read as
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follows: E`
4. A structure occupied by a non-conforming use or any non-conforming structure
that is destroyed or damaged of the extent that the cost of repair is more than fifty
(50)percent of its replacement value as determined by the County Assessor shall a
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not be replaced unless all the following conditions are met: l
1. A conditional use application is presented to the planning commission.
2. The conditional use is approved by the planning commission.
3. Construction is substantially completed and is continuing to progress toward
completion within one year from the date of the loss.
4. The structure shall be adapted for the same use as the previous structure.
5. The structure as built shall not exceed the bulk and area characteristics of the .
previous structure. s=
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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
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court of competent jurisdiction, such holding shall not invalidate or affect the r-
remainder of this Ordinance and to that extent the provisions hereto are declared f
to be severable.
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IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did t`
pass,approve,and adopt,by a vote of L for and D against,the foregoing Ordinance at its .
regular meeting held on the 25`t'day of October 2021. i
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J eph Pfurst '
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ATTESTED: APPROVED AS TO FORM:
Pffylriss owell
City Clerk/Treasurer City Attorney
Next on the agenda was Miscellaneous and General Discussion.
Connie Martin from Almost Home Shelter and Rescue spoke on the progress of the shelter over the last
quarter.
} There being no further business, motion was made by Council Member Dodson and seconded by
Council Member Petry to adjourn. The Council followed with a unanimous vote. The meeting adjourned at
6:13p.m.
ATTESTED: APPROVED:
CI CLE -TREASURER MAY