Loading...
12 December 2021 Regular E MINUTES OF THE VAN BUREN,ARKANSAS CITY COUNCIL MEETING DECEMBER 27,2021 The City Council of the City of Van Buren,Arkansas met at 5:30 p.m. Monday,December 27,2021 at the Van Buren Municipal Complex. 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,Dotson via remote, Kneeland,Osburn,Petty,Wood. City Attorney Jacob Howell and City Clerk Phyllis Thomas were present. This made a total of eight(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. Police Chief Hammond recognized Officers Christopher Ho, Colby Mizell and Koby McDonald, for their recent lifesaving actions and presented them with certificates. Next,the following items were on the November 2021 consent agenda: a MINUTES OF THE REGULAR COUNCIL MEETING ON November 22,2021. • FINANCIAL STATEMENTS • DEPARTMENT REPORTS:POLICE—FIRE—BUILDING DEPARTMENT—PUBLIC WORKS/PLANNING—AMBULANCE. Council Member Kneeland made a motion to approve the consent agenda. Council Member Wood seconded the motion. Council members voted aye: six The following voted nay: none. l t { r r 1 t t k 1 r G k � 4 sr' Tt1NbAL STATEMENT NOVEMBER 2021 2 4r�r ' l i i CITY OF VAN BUREN tl �� November,2021 Total Expenditures { i - $1,430,851.05 I�i a ij I� It (� s 1 { I i I h i RESOLUTION 12-01-2021 On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE VAN BUREN BOYS AND GIRLS CLUB (VBBGC)IN THE CITY OF VAN BUREN,ARKANSAS. The Clerk read the Ordinance in its entirety. Mayor Hurst stated that this was an existing agreement between the City of Van Buren,Arkansas and the Van Buren Boys and Girls Club. The Van Buren Boys and Girls Club agrees to provide services to the City of Van Buren for the benefit of its youth and citizens. Mayor Hurst asked if there was any discussion. There was none. Council Member Petty 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 Wood, Bell,Dodson,Kneeland, Osburn 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 12-01-2021 RESOLUTION 12-01-2021 F CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.I a-of -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 VAN BUREN BOYS AND GIRLS CLUB(VBBGC)IN THE CITY OF VAN BUREN, ARKANSAS. I WHEREAS, the Van Buren Boys and Girls Club(VBBGC)has been serving area children since 1958;and WHEREAS, the VBBGC's mission is to enable all young people, especially those with the greatest needs, to reach their full potential as productive, caring, responsible citizens;and WHEREAS, the proposed agreement will continue the successful partnership between the City and the VBBGC that has benefitted the social and recreational interests of city residents. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Mayor is hereby authorized to enter into an agreement(Exhibit"A") with i the Van Buren Boys and Girls Club to benefit the social and recreational interests of city residents,and pay VBBGC$20,000.00 in two increments:$10,000.00 by July 31,2021,and$10,000.00 by December 31,2021, JN WITNESS WEEREOF,the City of Van Buren,Arkansas,by its City Council, did pass, approve,and adopt,by a vote of 40 for and 0 against,the foregoing Resolution at its regular meeting held on the 271 day of December 2021. Mayor ATTESTED: APPRO ORM: Ph s Thomas Jacob Howell City C1erklTreasurer City Attorney i yu S j ! ORDINANCE 18-2021 'r y E On the agenda next was to consider AN AMENDMENT TO ORDINANCE 17-2021 AUTHORIZING A CONTRACT FOR,AND PURCHASE OF A PIERCE FIRE APPARATUS ON A SABER FR CUSTOM CHASSIS AND FIREFIGHTING EQUIPMENT FROM G&W DIESEL/EMERGENCY VEHICLE SPECIALISTS,INC. 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 was 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. Mayor Hurst stated that we are just changing the wording from the previous ordinance, specifically the name of the business fiom whom we are purchasing. . The Mayor asked if there was any discussion. There was none. Motion was made by Council Member Wood and seconded by Council Member Osburn to adopt the Ordinance as amended. On the Clerk's calling the roll,the following vote resulted: AYES—Council Member Wood,Bell,Dodson,Kneeland, Osburn and Petty. NAYS—None. The Mayor declared the motion carried as there were six(6)AYES and zero (0)NAYS.. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. r } THE ORDINANCE WAS GIVEN THE NUMBER 18-2021 ( r e. l i x i i } ORDINANCE 18-2021 CITY OF VAN BUREN,ARI�ANSAS ORDINANCE NO. 18 -2021 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS AN ORDINANCE TO BE ENTITLED: AN AMENDMENT TO ORDINANCE 17-2021 AUTRORIMC7 A CONTRACT FOR, AND PURCHASE OF A PIERCE FIRE APPARATUS ON A SABER FR CUSTOM CHASSIS AND FIREFIGHTING EQUIPMENT FROM G&W DIESEL/EMERGENCY VFMCI,E SPECIALIST'S,INC. WHEREAS, the Van Buren City Council approved Ordinance 17-2021,which incorrectly authorized the purchase of a Pierce Fire Apparatus on a Saber FR Custom Chassis and firefighting equipment from Pierce Manufacturing,and WHEREAS, the fire apparatus and equipment mentioned above will be purchased from G&W Diesel/Emergency Vehicle Specialists,Inc. NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY 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 purchase and execute all documents,contracts,and agreements for a Pierce Fire Apparatus on a Saber FR Custom Chassis,and associated firefighting equipment,from G&W DieseUEmergency Vehicle Specialists,Inc.,for the sum of$550,000.00,per the attached contract. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of to for and C�against,the foregoing Ordinance at its regular meeting held on the 271 day of December 2021. h P.H st I Mayor 1 ATTESTED D: APPROVED AS TO FORM. PhylFis'Tbomas well City Clerk/Treasurer City Attorney I t ORDINANCE 19-2021 On the agenda next was to consider AN ORDINANCE ADOPTING A NEW CITY WARD BOUNDARY MAP FOR THE CITY OF VAN BUREN,ARKANSAS. 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 Osburn. 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 Bell. The Council followed with a unanimous vote. The Clerk then read the Ordinance the third and final time. Mayor Hurst stated that this map was reviewed several weeks ago,we have just included more information. The Mayor asked if there was any discussion. There was none, Motion was made by Council Member Kneeland and seconded by Council Member Osburn to adopt the Ordinance as amended. On the Clerk's calling the roll,the following vote resulted:AYES—Council Member Wood,Bell,Dodson,Kneeland, Osburn and Petty. NAYS—None. The Mayor declared the motion carried as there were six(6)AYES and zero (0)NAYS.. l The Mayor then declared the Ordinance passed and signed same in open Council,duly attested by the 1 City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 19-2021 b E 5" d r f S A E E S z" 3 t' ORDINANCE 19-2021 L CITY OF VAN BUREN,ARKANSAS ORDINANCE NO.1/A -2021 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE ADOPTING A NEW CTTY WARD BOUNDARY MAP FOR THE CITY OF VAN BUREN,ARKANSAS. WHEREAS, the City Council of Van Buren,acting under the authority of A.C.A.14-43-311 (Redistricting of Wards),has the authority to redistrict city ward boundaries in the City of Van Buren;and WHEREAS, the 2020 Census reflects unequal population within each ward;and WHEREAS, the City Council of Van Buren desires to redistrict city ward boundaries to ensure that each ward has a near equal population so as to best serve the interest of the citizens of the City of Van Buren. NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: SECTION 1: In accordance with A.C.A.14-43-311(Redistricting of Wards),the City Council of Van Btiren,Arkansas does hereby adopt the City Ward Boundaries contained on the attached map(Attachment"A"). SECTION 2: In accordance with A.C.A.6-13-631(Effect of Minority Population on Election),the City Council of Van Buren,Arkansas does hereby adopt the City Ward Boundaries contained in the attacbed report(Attachment"B").Each section of the report includes population and demographic figures associated with the ward district that is described based upon the data contained in the United States Public Law 94-171(Redistricting Data)from the k United State Census Bureau for Census of Population of 2020.Each row of the report lists the unique numeric identification code assigned by the United States Census Bureau for the geographic unit contained therein.These unique areas represent blocks that together compose the geographic territory of the city council member ward district This listing serves as the written legal description of the districts. SECTION 3: All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed SECTION 4: If any part of this Ordinance is declared invalid or unconstitutional for any reason,such declaration shall not be held to invalidate or impair the validity,force,or effect of any other part of this Ordinance. IN WITNESS WHEREOF,the Cityof Van Buren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of__(p for andO against,the foregoing Ordinance at its regular meeting held on the 27"day of December 2021, AjMh P.Hurst i Mayor ATTESTED: APPROVED AS TO FORM: j Phy(EA Thomas J City Clerk/Treasurer City Attorney I� I i i k ORDINANCE 20-2021 On the agenda next was to consider AN AMENDMENT TO AMEND ORDINANCE NO.07-1963 (AS AMENDED)FOR THE PURPOSE OF ALLOWING CHURCHES AS A CONDITIONAL USE IN THE R-311 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 Cleric 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. Mayor Hurst asked City Planner Wally Bailey to speak. Mr.Bailey explained what the R-3B zoning is and that we want to be consistent in our zoning. Council Member Petty asked if all Conditional Use would need to be approved by Mr. Bailey. Mr. Bailey said"Yes". The Mayor asked if there was any discussion. There was none. Motion was made by Council Member Petty and seconded by Council Member Kneeland to adopt the Ordinance as amended. On the Cleric's calling the roll,the following vote resulted: AYES—Council Member 1 Wood,Bell, Dodson,Kneeland, Osburn and Petty. NAYS—None. The Mayor declared the motion carried as there were six(6) AYES and zero (0)NAYS.. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the i City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 20-2021 r 1 g `k Sz q4 aCa Y' L S k a c Y `a i ORDINANCE 20-2021. ' f CITY OF VAN BUREN,ARKANSAS ORDINANCE NO. 20 -2021 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARI{ANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND ORDINANCE NO.07-1963(AS AMENDED)FOR THE PURPOSE OF ALLOWING CHURCHES AS A CONDITIONAL USE IN THE R-313 CONDOMIl4r M 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 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 further amend Ordinance 07-1963 to allow churches as a conditional use in the R-313 i 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 CM COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: Article V,Section 4,paragraph I of Ordinance No,7-1963(as amended)is hereby amended to read as follows: 1. A. Permitted Uses: Condominiums. B. Conditional Uses: Churches 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 ev for and 0 against,the foregoing Ordinance at its regular meeting held on the 27`h of December 2021. I 4seph P.Hurst or ATTESTED: APPROVED AS TO FORM: �h r B� �Iisrn�Q� cob Howell Phyllis Thomas City Clerk/Treasurer City Attorney RESOLUTION 12-02-2021 i i On the agenda next was to consider A RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31,2022. The Clerk read the Ordinance in its entirety. Mayor Hurst stated that with the increasing of sales tax predictions any extra money will go toward our street and drainage improvements. We are still being cautious with our spending. Mayor Hurst also wanted the council to discuss helping Almost Home Shelter. Council Member Petty stated that Almost Home is helping with animal control in Van Buren. He also stated that the volunteers are tired and in need of help. Council Member Wood suggested that we table the Almost Home subject until we can research and see what else Van Buren could do to help Almost Home Shelter. Mayor Hurst asked if there was any discussion. Council Member Bell 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 Wood,Bell, Dodson,Kneeland, Osburn and Petty.Nays—None. z 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. 1 THE RESOLUTION WAS GIVEN THE NUMBER 12-02-2021 i t t i i t l A 4 RESOLUTION 12-02-202I CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.1a -0;�,-2021 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION ADOPTING A PROPOSED BUDGET FOR TIM FISCAL YEAR ENDING DECEMBER 31,2022. I NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The 2022 Proposed Expenditures of$18,106,189.00 (Eighteen Million, One Hundred Six Thousand,One Hundred Eighty-Nine Dollars)is hereby appropriated and a copy of said Budget is attached hereto and made a part hereof. SECTION 2: The appropriations made herein include additional pay for Holidays for all agents, servants, and employees of the City of Van Buren including, but not limited to, uniformed employees, as provided for by the laws of the State of Arkansas. I IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did pass,approve,and adopt,by a vote of Lo for and d against the foregoing Resolution at its regular meeting held on the 2P day of December 2021, cz 9 i urst Mayor ATTESTED: APPROVED AS TO FORM: Ph Thomas Jacob Howell I City Clerk/Treasurer City Attorney Next on the agenda was Miscellaneous and General Discussion l' 4 3 S Y 4 y4 E 1 i 3 There being no further business, motion was made by Council Member Osburn and seconded by Council Member Kneeland to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 6:03 p.m. ATTESTED: APPROVED: V Cl%*CLERk-TREASURER MA��