City Council

Cabot City Council Agenda Meeting Cabot City Annex – Council Chambers April 2, 2018, 2017 @ 6:30 p.m. Call to Order Public Works – Ed Long 1. Cabot Water WasteWater Commission Report Gary Walker 2. Planning Commission Report James Reed 3. Amend Language in Pitbull Ordinance Mike Wheeler 4. Public Works Input Budget & Personnel – Ann Gilliam 1. TAPP Grant for Central Elementary Mayor Cypert 2. Redirection of Funds Mayor Cypert 3. Establish Jail Fee to Defray Cost Chef Davis 4. Garver, LLC Contract Mayor Cypert 5. Amend the 2018 Budget to Actuals Tammy Yocom 6. Budget & Personnel Community Input Police & Fire – Rick Prentice 1. Monthly Reports – Fire Department Chief Robinson (See Last Months Council Packet) 2. Monthly Reports – Police Department Chief Davis (See Last Months Council Packet) 3. Police & Fire Community Input Community Development – Kevin Davis 1. Community Development Input General Community Input Adjournment This Page left Blank Public Works This Page left Blank  ORDINANCE NO. __ OF 2018 AN ORDINANCE TO AMEND ARTICLE IV.: DOGS AND CATS § 4 -114 PITT BULLS OF THE CABOT CODE OF ORDINANCES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES WHEREAS, it is the desire of the Cabot Animal Services to amend Article IV: Dogs and Cats § 4-114 Pitt Bulls of the Cabot Code of Ordinances as delineated in Exhibit “A” attached hereto and incorporated herein by this reference, subject to the approval of this governing body. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF CABOT, ARKANSAS, THAT: SECTION 1: ADOPTION. Article IV.: Dogs and Cats § 4-114 Pitt Bull Dogs of the Cabot Code, as delineated in Exhibit “A” attached hereto and incorporated herein by this reference, is hereby amended by the City of Cabot and the same provisions thereof shall be controlling from the date on which this ordinance shall take effect. SECTION 2: SEVERABILITY. If, for any reason, any portion or portions of this ordinance shall be held invalid, such invalidity shall in no way affect the remaining portions thereof which are valid, and that such valid portions shall be and remain in full force and effect. SECTION 3: REPEAL. Any portion or portions of the amendment to this Code adopted herein which are contrary to existing Ordinances of the City of Cabot, Arkansas shall prevail, and all Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of the conflict. SECTION 5: EMERGENCY. It is the utmost urgency that the City of Cabot, Arkansas, to be in full compliance with the United States Constitution to protect the rights of the citizens of our city, therefore an emergency is hereby declared to exist and this ordinance being necessary for the immediate protection of the public peace, health and safety shall take effect immediately upon its passage and approval. SPONSOR: ADOPTION: William A. “Bill” Cypert, Mayor DATE: EMERGENCY CLAUSE: ______________________________ William A. “Bill” Cypert, Mayor APPROVED AS TO FORM: ATTEST: __________________________________ _______________________________ Jim Taylor, City Attorney Tammy Yocom, City Clerk~Treasurer  Sec. 4-114. - Pit Bull dogs. (a) General. It shall be unlawful to keep, harbor, own, allow to run at large, or in any way possess a Pit Bull dog within the corporate city limits, with the following exceptions: while transporting the dog through the corporate city limits and while transporting to a veterinarian office (restrained and muzzled) within the corporate city limits, unless the Pit Bull dog was properly registered with the city prior to August 20, 2007. Properly registered Pit Bull dogs may be kept within the city provided said dog shall be properly confined indoors or in a securely enclosed and locked pen as set forth in this section Code. (b) Leash. No person shall permit a registered Pit Bull to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four feet in length. No person shall permit Pit Bull dogs to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc. (c) Confinement outdoors. All registered Pit Bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed as above provided. Such pen, kennel, or structure must have secure sides and a secure top attached to the sides. All structures used to confine registered Pit Bull dogs must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground. All structures erected to house Pit Bull dogs must comply with all zoning and building regulations of the city. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition. (d) Confinement indoors. No Pit Bull dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure. (e) Signs. All owners, keepers or harborers of registered Pit Bull dogs within the city shall display a sign in a prominent place on their premises. A sign is also required to be posted on the kennel or pen of such animal. (f) Identification. All owners, keepers or harborers of registered Pit Bull dogs must provide annual color photographs of the registered animal clearly showing the color and approximate size. (g) Reporting requirements. All owners, keepers or harborers of registered Pit Bull dogs must report the following information in writing to city animal services within ten days of the incident: (1) The removal from the city or death of a registered Pit Bull dog. (2) The birth of offspring of a registered Pit Bull dog. (3) The new address of a registered Pit Bull dog owner should the owner move within the corporate city limits. (h) Sale or transfer of ownership prohibited. No person shall sell, barter or in any other way dispose of a Pit Bull dog registered with the city to any person within the corporate city limits unless the recipient resides permanently in the same household and on the same premises as the registered owner of such dog; provided that the registered owner of the Pit Bull dog may sell or otherwise dispose of a registered dog or offspring of such dog to persons who do not reside within the corporate city limits. (i) Animals born of registered dogs. All offspring born of Pit Bulls registered with the city must be removed from the city within six weeks of the birth of such animal. (j) Irrefutable presumptions. There shall be an irrefutable presumption that any dog registered with the city as a Pit Bull dog is subject to the requirements of this section. (k) Procedures for dealing with registered and non-registered violators. Owners, keepers or harborers of any dog found to be in violation of city law shall be guilty of a violation and be subject to punishment as provided for pursuant to the following:  (1) The animal will be seized by city animal services and held for three business days for the owner to reclaim the dog with a Pit Bull reclaim fee. (2) The owner must sign an affidavit agreeing to immediately move the animal out of the corporate city limits. (3) The animal must be spayed or neutered at the owner's expense prior to its release to the owner. (4) Animals not reclaimed within three business days as prescribed shall be humanely destroyed by city animal services personnel or sent to a suitable rescue outside of the corporate city limits. (5) Any person violating or permitting the violation of any provision of this section shall be subject to fines and/or imprisonment set forth in the penalties section. Second offender convictions shall include seizure of the animal by city animal services personnel to be humanely destroyed or sent to a suitable rescue outside of the corporate city limits. (Ord. No. 13-2014, art. II, § 12, 6-16-2014) This Page left Blank  Budget & Personnel This Page left Blank  RESOLUTION NO. __ OF 2018 A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF CABOT TO UTILIZE FEDERAL-AID TRANSPORTATION ALTERNATIVE PROGRAM (TAPP) FUNDS; AND FOR OTHER PURPOSES WHEREAS, (Sponsor's Governing Authority) understands Federal-aid Transportation Funds are available at 80% federal participation and 20% local match for the Safe Routes to Schools (SRTS) to Central Elementary, and WHEREAS, The City of Cabot understands that Federal-aid Funds are available for this project on a reimbursable basis, requiring work to be accomplished and proof of payment prior to actual monetary reimbursement, and WHEREAS, This project, using federal funding, will be open and available for use by the general public and maintained by the applicant for the life of the project. NOW, THEREFORE, BE IT RESOLVED BY THE BY THE CITY COUNCIL OF CABOT, ARKANSAS, THAT: SECTION 1: The City of Cabot will participate in accordance with its designated responsibility, including maintenance of this project. SECTION 2: Mayor Bill Cypert and the City Clerk-Treasurer are hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of the above stated project. SECTION 3: This governing body pledges its full support and hereby authorizes the City of Cabot to cooperate with Metroplan and the Arkansas Department of Transportation to initiate action to implement this project. SPONSOR: PASSED: William A. “Bill” Cypert, Mayor DATE: APPROVED: _____________________________ William A. “Bill” Cypert, Mayor APPROVED AS TO FORM: ATTEST: ________________________________ _____________________________ Jim Taylor, City Attorney Tammy Yocom, City Clerk~Treasurer March 5, 2018 Mayor Bill Cypert City of Cabot 101 North Second Street Cabot, AR 72023 Subject: Safe Routes to Schools (SRTS) – Central Elementary Dear Mayor Cypert: I am pleased to inform you that the SRTS project submitted to Metroplan for funding consideration under the Transportation Alternatives Program (TAP) has been awarded partial funding (Metroplan Resolution 18-2). The grant amount of $50,000 must be matched with $12,500 in local funds. Funds expended to date, as well as any funds expended prior to a project agreement being established, are not eligible for reimbursement nor can contribute to the local match requirement. This project is currently scheduled for obligation in FFY 2019 (by September 2019). By accepting this grant the city agrees to monitor progress of the project and ensure that the project meets this timeline. The next steps for the city to proceed with the project are (1) pass the attached resolution indicating the city's willingness to utilize federal funds on the project and (2) submit the resolutions to Metroplan and ArDOT and request that a project agreement be set up. This project agreement will set the specific responsibilities of each agency. I look forward to working with the city on this project and please contact me should you have any questions. I have also notified ArDOT of the award and you may direct questions to Daniel Siskowski on the project. Sincerely, Casey Covington Deputy Director Metroplan cc: Daniel Siskowski 501 W. Markham St., Suite B  Little Rock, Arkansas 72201  501.372.3300  metroplan.org This Page left Blank  ORDINANCE NO. __ OF 2018 AN ORDINANCE AUTHORING THE MAYOR AND CITY CLERK TREASURER TO REDIRECT FUNDS; AMEND THE 2018 GENERAL FUND BUDGET; DECALRING AN EMERGENCY; AND FOR OTHER PURPOSES WHEREAS, Ordinance No. 9 of 2017, authorized the City of Cabot to open a Special Revenue Account, now called Sales of Excavated Material Checking, in which to deposit any and all funds received from the sale of excavated materials, from certain property, as authorized by Resolution No. 7 of 2017, and; WHEREAS, the City of Cabot agrees to repay the Parks and Recreation Commission Six Thousand Three Hundred Seventy-Six Dollars and Thirty-Three ($6,376.33) per month for 24 months; and, WHEREAS, it is necessary to amend the 2018 General Fund Budget in the amount of Fifty- One Thousand Eleven Dollars and No Cents ($51,011.00) to cover the referenced monthly payments to the Parks and Recreation Commission; and, WHEREAS, City of Cabot desires to authorize the transfer of the accumulated funds in the Sales of Excavated Material Checking account, which is in the amount of One Hundred Sixty Thousand, Seven Hundred Five Dollars and Ninety-Seven Cents ($160,705.97) and described below in Sections 1 and 2; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CABOT, ARKANSAS, THAT: SECTION 1: The Mayor and City Clerk Treasurer are hereby authorized to transfer One Hundred Fifty-Three Thousand Thirty-Two Dollars and No Cents ($153,032.00) from the Sale of Excavated Materials checking account into the City of Cabot Street Fund for use by the City to cover costs associated with the North Interchange Lighting Project SECTION 2: The balance remaining in the Sales of Excavated Material Checking fund, after the transfer referenced in Section 1 herein is Seven Thousand Six Hundred Seventy-Three Dollars and Ninety-Seven Cents ($7,673.97) and shall be paid to the City of Cabot Parks and Recreation Commission for its use.  SECTION 3: The City-Clerk Treasurer is hereby authorized to close the Sales from Excavated Material account, established by Ordinance 9 of 2017, upon balance transfers as stated in Section 1 and Section 2 above. SECTION 4: The City will pay to the Parks and Recreation Commission Six Thousand Three Hundred Seventy-Six Dollars and Thirty-Three ($6,376.33) per month for a period of 24 months. SECTION 5: Any future payments received for the sales of excavated materials will be redirected to the Cabot Parks and Recreation Commission for its use. SECTION 4: The 2018 General Fund Budget is hereby amended in the amount of Fifty- One Thousand Eleven Dollars and No Cents ($51,011.00) to cover the monthly payments to be paid to the Parks and Recreation Commission. SPONSOR: PASSED: William “Bill” A. Cypert, Mayor DATE: APPROVED: ___________________________ William “Bill” A. Cypert, Mayor APPROVED AS TO FORM: ATTEST: ___________________________ Jim Taylor, City Attorney Tammy Yocom, City Clerk-Treasurer This Page left Blank  ORDINANCE NO. __ of 2018 AN ORDINANCE AUTHORIZING THE LEVY OF AN ADDITIONAL TWENTY DOLLARS ($20.00) FINE TO HELP DEFRAY THE EXPENSE OF INCARCERATING CITY PRISONERS PURSUANT TO A.C.A. § 16-17-129; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, the Arkansas General Assembly passed Act 209 of 2009, amending A.C.A. § 16-17-129, which authorizes the city, by ordinance, to levy up to an additional Twenty dollar ($20.00) fine, and not to exceed Twenty Dollars ($20.00), to help defray the expense of incarcerating city prisoners; and WHEREAS, it is in the best interest and welfare of the citizens of Cabot, Arkansas, that an additional fine of Twenty Dollars ($20.00) be levied and collected from each defendant who pleads guilty or nolo contendere to, is found guilty of, or forfeits bond in all cases in the Cabot District Court within Cabot, Arkansas. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF CABOT, ARKANSAS: SECTION 1: That pursuant to A.C.A. § 16-17-129 an additional fine of Twenty Dollars ($20.00) shall be levied and collected from each defendant who pleads guilty or nolo contendere to, is found guilty of, or forfeits bond in any case in the Cabot District Court within Cabot, Arkansas. SECTION 2: That the additional fine levied by the city under this Ordinance shall be deposited into a special fund within the City Treasury, and the revenues generated by the additional fine shall be used exclusively to help defray the cost of incarcerating city prisoners. SECTION 3: The additional fine authorized by this Ordinance shall apply to all cases before the Cabot District Court, to include each charge, count, violation, or offense that a defendant pleads guilty or nolo contendere to, is found guilty of, or forfeits bond for, including each misdemeanor or traffic violation.  SECTION 4: 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 extend the provisions hereto are declared to be severable. SECTION 5: That all Ordinances or parts of Ordinances found to be in conflict herewith, are hereby repealed. SECTION 6: Emergency Clause. Whereas, the collection of an additional twenty dollars ($20.00) fine to help defray the expense of incarcerating city prisoners is essential for the health and welfare of the City of Cabot, an emergency is hereby declared and this Ordinance shall be effective immediately from and after the passage and any publication as required by law. SPONSOR: PASSED: DATE: APPROVED: _____________________________________ Ann Gilliam, Council Member _____________________________________ William “Bill” A. Cypert, Mayor APPROVED AS TO FORM: ATTEST: __________________________________ _____________________________________ Jim Taylor, City Attorney Tammy Yocom, City Clerk~Treasurer This Page left Blank  RESOLUTION NO. ___ OF 2018 A RESOLUTION TO ENTER INTO A CONTRACT WITH GARVER, LLC FOR PROFESSIONAL CITY PLANNING SERVICES; AND FOR PURPOSES WHEREAS, the City of Cabot desires to enter into a revised contract with Garver, LLC for various professional city planning services which is further delineated on Exhibit “A” attached hereto and incorporated herein by this reference. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CABOT, ARKANSAS, THAT: SECTION 1: The Mayor and City Clerk~Treasurer are hereby authorized to execute the revised contract with Garver, LLC which is attached hereto as Exhibit “A” and incorporated herein by this reference. SECTION 2: This resolution shall be in full force and effect from and after its passage. SPONSOR: PASSED: William A. “Bill” Cypert DATE: APPROVED: _____________________________________ William “Bill” A. Cypert, Mayor APPROVED AS TO FORM: ATTEST: __________________________________ _____________________________________ Jim Taylor, City Attorney Tammy Yocom, City Clerk~Treasurer  SECTION 8 - APPENDICES AND EXHIBITS 8.1 The following Appendices and/or Exhibits are attached to and made a part of this Agreement: 8.1.1 Appendix A - Hourly Rate Schedule Acceptance of this proposed Agreement is indicated by an authorized agent of the Client signing in the space provided below. Please return one signed original of this Agreement to the Consultant for our records. Agreement for Professional Services 6 of 7 Version 2 Cabot Planning Retainer Garver Project No. 18017807 This Page left Blank  RESOLUTION NO. __ OF 2018 A RESOLUTION AMENDING THE 2017 OPERATING BUDGET FOR THE FISCAL YEAR 2017; APPROPRIATING THE VARIOUS AMOUNTS HEREIN; AND FOR OTHER PURPOSES WHEREAS, the City Clerk-Treasurer respectfully requests that this governing body accept the proposed budget amendments to the 2017 Operating Budget for the fiscal Year 2017, attached hereto as Exhibit “A” and incorporated herein by this reference. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CABOT, ARKANSAS, THAT: SECTION 1: The original adopted Street Fund was for the amount of $1,883,095.00 and is hereby amended to the amount of $1,933,195.65 and the Final amendments to the 2017 Operating Budget are hereby adopted and the final 2017 Operating Budget should reflect the same. SECTION 2: The original adopted District Court Cost Fund was for the amount of $24,528.00 and is hereby amended to the amount of $32,629.67 and the final amendments to the 2017 Operating Budget are hereby adopted and the final 2017 Operating Budget should reflect the same. SECTION 3: The original adopted Fire Apparatus Fund was for the amount of $179,962.00 and is hereby amended to the amount of $183,885.24 and the final amendments to the 2017 Operating Budget are hereby adopted and the final 2017 Operating Budget should reflect the same. SECTION 4: The original adopted Senior Citizen/Health/Library Fund was for the amount of $479,973.00 and is hereby amended to the amount of $626,745.81 and the final amendments to the 2017 Operating Budget are hereby adopted and the final 2017 Operating Budget should reflect the same SECTION 5: This Resolution shall be in full force and effect upon its passage. SPONSOR: PASSED: William A. “Bill” Cypert, Mayor DATE: APPROVED: ___________________________ William A. “Bill” Cypert, Mayor APPROVED AS TO FORM: ATTEST: _______________________________ ______________________________ Jim Taylor, City Attorney Tammy Yocom, City Clerk~Treasurer