11 November 2016 Regular MINUTES OF THE VAN BUREN,ARKANSAS
CITY COUNCIL MEETING NOVEMBER 14,2016
The City Council of the City of Van Buren,Arkansas met at 5:30 p.m. Monday,
November 14, 2016 at City Hall. The meeting was called to order by Mayor Freeman. On roll
call, the following Council members answered as their names were called: Alderman Parker,
Petty, Moore, Swaim, Dodd and Sparkman. City Clerk-Treasurer Phyllis Thomas and City
Attorney Candice Settle were present. This made a total of nine (9)present. A quorum was
declared.
The invocation was given by Sgt. Larry Brown, an Army Veteran and employee of the
Van Buren Police Department.
Sgt. Brown then led the Pledge of Allegiance.
Mayor Freeman then asked to adopt the minutes of the Council Meeting on October 17,
2016. Alderman Parker made a motion to approve the minutes. Alderman Moore seconded the
motion. On roll call, the following Council members voted aye: Alderman Dodd, Sparkman,
Parker, Petty, Moore and Swaim. The following voted nay: none.
On the agenda next was to consider A RESOLUTION APPROVING A ONE
HUNDRED DOLLAR($100.00) CHRISTMAS BONUS TO ALL FULL-TIME,
NON-ELECTED CITY EMPLOYEES WHO HAVE ONE (1) FULL YEAR OF
SERVICE. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there
was any discussion. There was none. Alderman Swaim seconded by Alderman Sparkman
moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote
resulted: Ayes—Alderman Dodd, Sparkman, Parker, Petty, Moore and Swaim. 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 11-1-2016
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.1 1 - I -2016
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN
BUREN ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION APPROVING A ONE HUNDRED DOLLAR($100.00)
CHRISTMAS BONUS TO ALL FULL-TIME,NON-ELECTED CITY
EMPLOYEES WHO HAVE ONE(1)FULL YEAR OF SERVICE.
WHEREAS, the City of Van Buren,Arkansas has paid a Christmas
Bonus to its salaried employees in the past;and
WHEREAS, the City of Van Buren,Arkansas wishes to continue this
practice.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL
OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: All full-time,non-elected city employees who have
one(1)full year of service,shall be paid a one hundred
dollar($100.00)bonus for Christmas.
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 14th day of Novemb- "4 16.
Robert D.. --
Mayor
ATTESTED: APBROV\E a AS TO FORM:
Phyllis Thomas Candice A.Settle
City Clerk/Treasurer City Attorney
•
On the agenda next was to consider A RESOLUTION APPROVING A LEASE
AGREEMENT OF THE MARINA TO RIVERLIGHTS MARINA, LLC. The Clerk
read the Resolution in its entirety. Mayor Freeman asked if there was any discussion.
Mayor Freeman noted that James Johnson started clean up on the marina approximately
five months ago after Mr. Stringfellow transferred all property to him. Mr. Johnson has
requested a lease agreement to operate there. Mayor Freeman explained the reason he
wanted to do a three year agreement instead of a two year agreement is due to the fact in
two years there will be a new mayor in office and he does not want them to have to deal
with this agreement in the first year. Alderman Petty asked if residential housing is
allowed in the marina. Building Inspector, David Martin, says there is nothing in place to
prohibit tenants living in house boats on the marina. Alderman Petty asked if this is a
situation we are prepared to deal with. Mayor Freeman stated that although there have
been a few issues with occupants who were just passing through, we have not had any
issues with long term residents. Mayor Freeman went on to say that the main issues have
just been general up keep and appearance. Alderman Petty questioned how we will
require the tenants to maintain the appearance. Mayor Freeman replied that responsibility
would fall on Mr. Johnson as he will be the lease holder and will be renting out the slips •
to those people. Alderman Petty then asked City Attorney Candice Settle about a
discrepancy in Section 7, Paragraph 19 of the contract. Mrs. Settle agreed that it was an
error and should say Paragraph 17. Alderman Petty then expressed concern over only
requiring one million in insurance. City Attorney Candice Settle agreed and said three
million is more appropriate. Alderman Petty asked if the restroom renovations would be
Mr. Johnson's responsibility or ours. Mayor Freeman replied that is something we could
do in conjunction with him. Lastly,Alderman Petty asked if we should require him to
provide us a copy of his permit from the Corps of Engineers in the lease. Mayor Freeman
stated that any work he does down at the marina must be permitted through our building
department and the Corps of Engineers therefore he does not think it is necessary to
include that in the lease. City Attorney Candice Settle agreed with Alderman Petty and
will add a provision in the lease to require this. Alderman Sparkman seconded by
Alderman Swaim moved that the Resolution be adopted. On the Clerk's calling the roll,
the following vote resulted: Ayes—Alderman Dodd, Sparkman, Parker, Petty, Moore
and Swaim.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 11-2-2016
CITY OF VAN BUREN,ARKANSAS
SECTION 1: The Mayor is authorized to execute the attached lease agreement with Riverlights
RESOLUTION NO./1-Z-2016 Marina,LLC for the City's property upon which the marina is located.
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, IN WITNESS WHEREOF,the City of Van Buren Arkansas,by its City Council,did
ARKANSAS,A RESOLUTION TO BE ENTITLED: pass,approve,and adopt,by a vote of (.o for and U against,the foregoing Resolution at its
regular meeting held on the 14i°day of November 2. .
A RESOLUTION APPROVING A LEASE AGREEMENT OF
THE MARINA TO RIVERLIGHTS MARINA,LLC.
WHEREAS, the previous lessee of the marina,Jay Stringfellow transferred his interest in the Robert D.Free
lease of the marina to Riverlights Marina,LLC;and Mayor
WHEREAS, that Riverlights Marina,LLC desires to enter into an updated lease agreement with iV
the City;and • ATTESTED: AP'+! i •S TO FORM:
WHEREAS, the City Council believes it to be in the best interest of the City and its citizens to n/� ma�yy/(c�Ce�
execute an updated lease agreement with Riverlights Marina,LLC. 'Y�2! P o/"vn � -eft Was
PhylLs Thomas ..:;ce•. ett e
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY City Clerk Treasurer City Attorney
OF VAN BUREN,ARKANSAS,THAT:
On the agenda next was a public hearing for abandoning an alley in Riverside
Addition. There were no issues heard.
On the agenda next was to consider AN ORDINANCE TO ABANDON A
PUBLIC ALLEYWAY IN THE RIVERSIDE ADDITION, INSIDE THE CITY OF
VAN BUREN, CRAWFORD COUNTY, ARKANSAS. The Clerk read the Ordinance
in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be
placed on its second reading. The motion was seconded by Alderman Parker. The
council followed with a unanimous vote. The Clerk then read the Ordinance the second
time.
Alderman Swaim moved that the rules be further suspended and the Ordinance
placed on the third and final reading. The motion was seconded by Alderman Moore.
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
Alderman Parker and seconded by Alderman Dodd to adopt the Ordinance. On the Clerk's
calling the roll,the following vote resulted: Ayes—Alderman Dodd, Sparkman, Parker, Petty,
Moore and Swaim. 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 19-2016
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.19-2016
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO ABANDON A PUBLIC ALLEYWAY IN
THE RIVERSIDE ADDITION, INSIDE THE CITY OF VAN
BUREN,CRAWFORD COUNTY,ARKANSAS.
WHEREAS, a petition has been filed with the City Council of Van Buren,Arkansas,by Larry Dillard
to vacate and abandon the public alleyway along certain lots inside the Riverside
Addition more particularly described as follows:
Description of Existing 20.00 Foot Alleyway
All that portion of a certain 20 foot alleyway lying between Lots 4 through 9,
Block 22,Riverside Addition to the City of Van Buren,Crawford County,
Arkansas;
and
WHEREAS, after due notice as required by law,the Council has heard all persons desiring to be heard
on the question of abandoning the alleyway in the hereinabove subdivision,and bas
ascertained that the public alleyway hereinabove designated has therefore been dedicated
to the public use as a public alleyway and that the same has not been used for a period of
more than five(5)years preceding this date;and that the owners of the property abutting
the public alleyway to be abandoned have filed with the City Council or have expressed
their consent to such abandonment and the public interest and welfare are not adversely
affected by abandonment of said public alleyway;and
WHEREAS, the City Council of Van Buren,acting under the authority of A.CA 14-199-103 and
A.C.A.14-301-302,has the authority to abandon public alleyways or segments thereof.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS,THAT:
SECTION I: The City of Van Buren,Arkansas,hereby releases,vacates,and abandons all its rights,
together with the rights of the public generally,in and to the public alleyway specifically -_
described above.
SECTION 2: A copy of this Ordinance bearing original signatures and duly certified by the City Clerk
shall be filed in the Miscellaneous Records of the Circuit Clerk of Crawford County,
Arkansas.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
approve,and adopt,by a vote of 41 for and O against the foregoing Ordinance at its regular meeting
held on the 14u day of November 2016.
•
Robert D.Freeman
Mayor
•
ATTESTED: APPROVED AS TO FORM:
.0.,n21)9171Q I -
Ph 4lsa Thomas • Settle
City Clerk/Treasurer sty Attorney
•
Mayor Freeman asked representatives from the A&P Commission to speak about the next
item. Debbie Foliart touched on the revitalization efforts in downtown. Mrs. Foliart then asked
Rusty Myers with Van Buren Original for further explanations as to how the hospitality tax
benefits downtown development. It was explained that this amendment would not affect the
restaurant portion of the tax rather just the lodging portion and would really only impact out of
town visitors to Van Buren.
On the agenda next was to consider AN ORDINANCE AMENDING ORDINANCE
NO. 15-1989 PROVIDING FOR THE INCREASE OF THE LEVEE OF LOCAL GROSS
RECEIPTS TAX FOR HOTELS AND MOTELS WITHIN THE CITY OF VAN BUREN-
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The Clerk read the
Ordinance in its entirety. Alderman Swaim moved that the rules be suspended and the
Ordinance be placed on its second reading. The motion was seconded by Alderman Moore.
The council followed with a unanimous vote. The Clerk then read the Ordinance the second
time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Parker. 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
Alderman Swaim and seconded by Alderman Moore to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes—Alderman Dodd, Sparkman, Parker, Petty,
Moore and Swaim.Nays—none. The Mayor declared the motion carried as there were six (6)
ayes and(0)nays. Four(4)votes being necessary for passage.
Motion was made by Alderman Parker and seconded by Alderman Dodd,that the
emergency clause be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes
—Alderman Dodd, Sparkman, Parker, Petty, Moore and Swaim. 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 20-2016
ORDINANCE NO.2Q-2016
SECTION 2: No other alterations or amendments of Ordinance No.15-1989 ere intended and the
BE IT ENACTED BY THE CITY COUNCIL FOR THE CITY OF VAN BUREN, remainder of said Ordinance not heretoforespecifically amended shall remain in
ARKANSAS,AN ORDINANCE TO BE ENTITLED: full force and effect
AN ORDINANCE AMENDING ORDINANCE NO.15-1989 SECTION 3' The Mayor and City Clerk are hereby authorized by the City Council for the City
PROVIDING FOR THE INCREASE OF THE LEVEE OF of Van Buren toexecute alldocuments,contracts,ts,sagreements necessary to
LOCAL GROSS RECEIPTS TAX FOR HOTELS AND effectuate this Ordinance.
MOTELS WITHIN THE CITY OF VAN BUREN;
DECLARING AN EMERGENCY; AND FOR OTHER SECTION 4: In for financial computations to begin at the amounts herein,it is further found that
PURPOSES. there is a need for'this Ordinance to take effect on/emery 1,2017,and as such he
mergeney is declared to exist end this Ordinance being necessary for the
WHEREAS, under Ark.Code Ann.26-75-602,the City is empowered end authorized to levy a preservation of the public health,safety,and welfare,shall take full effect an that
gross receipts tax of up to 3%upon the gross receipts of hotels,motels and date.
restaurants within the City limits for the promotion and development of tourism
within the City,and SECTION 5: 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
WHEREAS, Ordinance No.15-1989 provided for the computation of said"Hospitality T.'at provision herein,is declared to be uocoostitutionel,inappropriate,or invalid by any
the ram of 1%of gross receipts of hotels,motels and restaurants within the Citycourt of competent ionter ctiotech holding shall not invalidate or effect the
limits;and remainder of this Ordinance andd to that extent the provisions hereto ere declared to
be severable.
WHEREAS, it is recommended by the Advertising and Promotion Commission of the City of
Van Burns to emend Ordinance No,15-1989;and IN WITNESS WHEREOF,the Ciry of Van Buren,Arkansas,by its City Council,did
pass,approve,and adopt,by a vote of_Cc_for end f.) against,the foregoing Ordinance at its
WHEREAS, a state of emergency exists because these fees are neededto be effective January 1, regular meeting held on the le day of November 2016.
2017 to provide for the health,safety,and welt of the citizens of Van Burrnmd p _
to preserve the property of the city.
BE IT CIT
D ENACTED BY THE Y COUNCILOR
Robert a
NOW, FORE,
OF CITY OF VAN BUREN,ARKANSAS,THAT: Mayer
TH
$ECIION 1' Ordinance No.15-1989 is hereby amended to add the following Sections ATTESTED: AP RS T FORM:
' In addition to the sales and use tax now being levied and collected in the City of I
Van Buren,Ark""-e pursuant to Ordinances No.8-1988,No.9-1988,Na 6-2012, ;- �1ar7/
and No.8-2012 and the 1%Hospitality ax levied on October 1,1989 pursuant to Pb Thomas Candice A.SettleY
Section 1 of Ordinance No.15-1989,thenen hereby levied'effective January Clerk/Treasurer City Attorneyuary 1,
2017 an additional tax of 2%fora total of 3%upon the gross receipts from the
renting,leasing or otherwise furnishing of hotel,motel,house,cabin,bed and
breakfast,campground,condominium,or other similar rental accommodations for
sleeping,meeting,or party mom fhcitifies for profit in the City.The tax of 1%
levied effective October 1,1989 pursuant to Section 1 of Ordinance No.15-1989
on the gross receipts of restaurants shall include the gross receipts of restaurants,
cafes,cafeterias,delis,drive-in restaurants,carry-out restaurants,concessions
stands,convenience stores,grocery store restaurants,food trucks and similar
businesses engaged in the selling of prepared food and beverages for on or off
premises consumption. Such tax shall not apply to such gross receipts or gross
proceeds of organizations qualified under 26 U.S.C.Section 501(c)(3).
Next on the agenda was the Financial Statement. Motion was made by Alderman
Dodd and seconded by Alderman Moore to appropriate the sum of$ 981,218.57 to pay
expenses and salaries for October 2016, presented by the clerk. The Council followed
with a unanimous vote.
•
j CITY OF VAN BUREN PAGE: 1
' 11-04-2016 10:32 AM
, "--'-r TRIAL BALANCE '''-'---- -.-...
?i AS OF: OCTOBER 31ST, 2016
}. 10 -General Fund •y•
'•• MONTH TO DATE "• "' YEAR TO DATE
ACCT* ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS
k i
,d
'?� ASSETS
t, 1000 Petty Cash 0.00 200.00
Sp 1020 Cash in Bank 43,149.79 292,120.60
1020.01 Cash In Bank-Ins. Reimb. 0.00 87,009.78 •8'7 C 9 5 49 46-1-
1020.03 Cash In Bank-ASP's&Walmart Gra 0.00 .79.24 1 ,913•69+
1020.04 Veterans' Memorial-Act 934 0.00 11,848.16
1020.05 2009 Byrne Recovery Grant 0.00
o.o0 82,085.46+
"t 1020.06 2009 Byrne Grant 0.00 0.00 19,052•70+
1020.07 2007 Byrne Grant 0.00 0.00 1 ,617•06+
,,j 1020.08 Cash in Bank- Storm Damage 0.00 0.00 981 ,21 8,57*-;-
,,i 1020.09 District Cout Grant-Mediation 0.00 25.00
1020.10 Cash in Bank- HDC 1,000.00 1,946.03
1020.11 Cash in Bank-HVBB 5,100.00 0.00
X. X1020.12 Emergency Management Fund 0.00 0.00
i" 0.00 112,302.37
1020.13 Cash In Bank-ACT 833 -
}, 1020.14 Court Automation-District 1,879.50 56,384.19
1020.15 Cash in Bank-ACT 1314 0.00 0.00
..`I0.00
1020.16 AR Dept of Rural Services 0.00
,'10.00 0.00
r,l 1020.17 New Police Dept
", 65,488.72
1020.18 Cash in Bank- PD Co Tax 25,698.06
8,� FD C1,946.59 166,580.90
1020.19 Cash in Bank- Coo Tax
l 1020.20 Cash In Bank-Erosion Control 175.00 21,000.00
1 1020.21 Cash in Bank-CPAcademy 0.00 0.00
ft0.00 10,000.00
,,! 1020.22 Cash In Bank-PEG Grant
1020.27 Cash in Bank- Levee 0.00 9,139.93
1 1020.28 Marina Repairs 0.00 10,495.60
zI 365.06
1020.29 Property Maintenance-Scrap 0.00
I
1020.30 Field of Dreams-Equipment 0.00 4,593.40
'
t' 1020.31 Cash in Bank- Parks & Rec 0.00 136.72
'i 1020.32 GIF 0.00 89.43
1020.33 Cash in Bank-Yard Waste 4,715.87 215,860.37
1020.34 Cash In BankPublic Facilities 671.86 671.86
VI 28.08 8,351.87
1020.51 Cash in Bank- Cemetery
I 1020.91 Cash in Bank- Cap Imp 132,691.77 1,263,703.39
yj 1040 Investments 0.00 0.00
1040.10 Investments -Sales Tax City 0.00 0.00
j.! 1040.18 Investments - PD Co Tax 0.00
0.00
1040.19 Investments - FD Co Tax 0.00 0.00
0.00
1040.27 Investments - Levee 0.00
8 1040.31 Investments - Parks & Rec 0.00
0.00
';i' 1040.51 Investments - Cemetery 0.00 38,752.59
! 1040.91 Investments - Cap Imp 155.25 377,953.30
1050 Fixed Assets 0.00 0.00
{ ' 1051 Accumulated Depreciation 0.00 0.00
0.00
1504 Due from Payroll 0.00
1505 Due From Other Funds 0.00 0.00
1520 Due from Street Fund 0.00 0.00
1540 Due From Library Fund 0.00 0.00
Next Police,Fire, Building Inspector, Public Works/Planning, and Ambulance Reports
were presented for filing. There being no further questions or changes, the reports were filed as
submitted.
Next on the agenda was Miscellaneous and General Discussion. Jennifer Hallan, CEO of
Area Agency on Aging,requested an in-home assist program.
Mayor Freeman mentioned the only significant finding from our Legislative Audit Report
was segregation of duties.
Mayor Freeman then congratulated Alderman Alan Swaim on his induction into the Babe
Ruth World International Hall of Fame, as well as Mike Kneeland and Tyler Wood on their
election wins for 2017 alderman positions.
There being no further business,motion was made by Alderman Parker and seconded by
Alderman Dodd to adjourn. The Council followed with a unanimous vote. The meeting
adjourned at 6:26 p.m.
ATTESTED: AP'RIVED:
101111hlk
CIlY CLERK-TREASURER MAYOR