03 March 2017 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING MARCH 20, 2017
The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, March
20,2017 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 Kneeland, Petty,
Swaim and Sparkman. Deputy City Clerk Connie Hyatt and City Attorney Candice Settle were
present. City Clerk-Treasurer Phyllis Thomas and Aldermen Moore and Wood were absent. This
made a total of seven (7)present. A quorum was declared.
The invocation was given by Mike Kneeland, Aldelivan.
Mr. Kneeland then led the Pledge of Allegiance.
Mayor Freeman then asked to adopt the minutes of the Council Meeting on February 27,
2017. Alderman Sparkman made a motion to approve the minutes. Alderman Kneeland
seconded the motion. On roll call, the following Council members voted aye: Alderman Petty,
Swaim, Sparkman and Kneeland. The following voted nay: none.
On the agenda next was to consider A RESOLUTION AUTHORIZING
PAYMENT TO APAC CENTRAL, INC. FOR ASPHALT FOR THE OVERLAY
OF STREETS WITHIN THE CITY OF VAN BUREN, ARKANSAS AND FOR
OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman
asked if there was any discussion. Mayor Freeman stated this is gearing up for our first in
house overlay for 2017. The goal is to work on 91h street then move over to the streets
around the housing authority. The milling quote from Forsgren is approximately $17,000
since we are not able to do that ourselves. Alderman Petty asked if we needed this
resolution to expend it since it was already budgeted. Mayor Freeman replied that in his
experience it is best to go ahead and have it approved by council up to $300,000 so that
as we spend it we don't have to come back to the council each month. The only need to
come back to the council will be if we go over $300,000. Alderman Swaim seconded by
Alderman Petty moved that the Resolution be adopted. On the Clerk's calling the roll,
the following vote resulted: Ayes—Alderman Petty, Swaim, Sparkman and Kneeland.
Nays—None.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 34-2017
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 3- t -2017
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN
ARKANSAS,A RESOLUTION TO BE EN 111 LED:
A RESOLUTION AUTHORIZING PAYMENT TO APAC
CENTRAL,INC.FOR ASPHALT FOR THE OVERLAY OF
STREETS WITHIN DIE CITY OF VAN BUREN,
ARKANSAS AND FOR 0111cR PURPOSES.
WHEREAS, the City of Van Buren desires to continue with a program of street
repairs and improvements and as a part of that program the Street
Department will overlay portions of various other interior streets
within the City of Van Buren;and
WHEREAS, the Van Buren City Council approved funds in the 2017 budget for street repairs
and in-house projects;and
WHEREAS, ARK CODE ANN.§14-58-104 waives the requirements for competitive bidding
for asphalt;and
WHEREAS, the City of Van Buren will purchase asphalt from APAC Central,Inc.in the
amount not to exceed$300,000.00 for said projects.
NOW, THEREFORE, BE IT RESOLVED BY 1'HE 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 all invoices to APAC Central,Inc.from Capital
Improvement and Street Funds relating to these overlays 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 14 for and 6 against,the foregoing Resolution at its
regular meeting held on the 20th day of March 2017.
Robert D. rrman �`
Mayor
ATTESTED: %rip
AS TO FORM:
Candice A.Settle
),41,.;J City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION OF THE CITY OF VAN
BUREN,ARKANSAS, FOR THE PURPOSE OF PROVIDING FOR THE
DISPOSAL AND DESTRUCTION OF CERTAIN POLICE RECORDS. The Clerk
read the Resolution in its entirety. Mayor Freeman asked if there was any discussion.
Mayor Freeman stated that usually the District Court and the City Clerk's office piggy
back off of this disposal, but are not ready at this time to do so. Alderman Swaim
seconded by Alderman Petty moved that the Resolution be adopted. On the Clerk's
calling the roll, the following vote resulted: Ayes —Alderman Petty, Swaim, Sparkman
and Kneeland. Nays—None.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 3-2-2017
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 3 - -2017
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 1'HE 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.
IN TESTIMONY WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
approve,and adopt,by a vote of 4- for and LL against,the fore:.om• •esolution at its regular meeting
held on the 20t day of March 2017. .
Ro.ert .Freem.
Mayor
AT 1STED: PrO 0E4
atuclicti SIVA
P y is Cand' -A. ettle
1 City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE TO AMEND
ORDINANCE NO. 7-1963 (VAN BUREN MUNICIPAL CODE NO. 14.04.01) FOR
THE PURPOSE OF REZONING CERTAIN PROPERTY IN THE CITY OF VAN
BUREN,ARKANSAS, AMENDING THE ZONING MAP OF THE CITY OF VAN
BUREN,ARKANSAS, 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
Kneeland. 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 Kneeland.
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. City Attorney
Candice Settle noted there was an error and it should read Bottoms Tracts 1A (700-
08795-103) and lB (700-08795-104) and there is no 1C included in this rezone. Mayor
Freeman moved forward with the passage of the ordinance as amended to reflect the
correction. Alderman Petty asked Mr. Rickey Hill if a particular parcel is in the county.
Mr. Hill was unsure if it was city or county, but assured Alderman Petty that all adjoining
property owners were notified regardless of their jurisdiction. Alderman Petty asked if
any comments or concerns were made. City Attorney Candice Settle stated there were
concerns made at the Planning Commission meeting. Mr. Hill and Ms. Settle said that
initially it encompassed the entire tract of property and several members of the adjoining
housing addition were uncomfortable; therefore the Planning Commission discussed
ways to resolve the issues. All but one resident felt comfortable with just the two tracts.
The remaining objection was the property owner directly adjacent to this property. Mayor
Freeman asked if anyone was present in the audience in favor or objections to this issue.
There was no one in attendance for either view. City Attorney Candice Settle stated that
in her opinion- county or city- the rezone request fit the common use of the area.
Alderman Petty asked if the road was an access to the house or shop in the back. Mr. Hill
noted that it was city limits and all easements were in place and the parcel in question
was a part of the original large tract and owned by the same person requesting the rezone.
Alderman Petty then asked if Pevehouse Place was a platted street. Mr. Hill replied that it
is a private drive with access easement to anyone.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Alderman Sparkman and seconded by Alderman Swaim to adopt the Ordinance as amended. On
the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Petty, Swaim,
Sparkman and Kneeland. Nays—none. The Mayor declared the motion carried as there were four
(4) 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 Deputy City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 3-2017
•
ORDINANCE NUMBER 3-2017 CONTINUED
ORDINANCE NO. /-2017
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND ORDINANCE NO.7-1963(VAN
BUREN MUNICIPAL CODE NO,14.04.01)FOR THE PURPOSE
OF REZONING CERTAIN PROPERTY IN THE CITY OF VAN
BUREN,ARKANSAS,AMENDING THE ZONING MAP OF THE
CITY OF VAN BUREN,ARKANSAS,AND FOR OTHER
PURPOSES.
WHEREAS, the City of Van Buren,Arkansas,is duly incorporated under the law of the State
of Arkansas,with all powers,authority and duties of a city of the first class;and
WHEREAS, the City of Van Buren has adopted the Zoning Ordinance for the City of Van
Buren(Ordinance No.7-1963);and
WHEREAS, a request has been made by Randy Bottoms represented by Satterfield Land
Surveyors,LLC.,to rezone certain property within the city limits of the City of
Van Buren;and
WHEREAS, notice of a Public Hearing was duly published in the Press Argus Courier on
February 18,2017,and a public bearing was conducted as required by law
(A.C.A.§14-56-422)on March 7,2017;and
WHEREAS, as a result of this hearing,the Planning Commission has recommended that
certain property within the city limits of the City of Van Buren be rezoned from
its previous classification to the following:
Property Zoned New Zoning
R-2(Two-Family Residential District) C-2(Thoroughfare Commercial District)
Legal Description:
Bottoms Tracts 1.A&1B—Section 11 being a replat of Tract 1 of Bottoms Tracts 1 and 2
—Section 11,being part of the west half of the southwest quarter
section of 11,Township-9-North,Range-32-West,to the City of
Van Buren,Arkansas;
Lavman's Description&Parcel Numbers
Southeast corner of Pevehouse Place and Pevehouse Road,Van Buren,Arkansas;
and
WHEREAS, the proposed rezoning herein was recommended by a majority vote of the entire
Planning Commission,in accordance with A.C.A.§14-56-422.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The above-described property is hereby rezoned from R-2 to C-2 and the Van
Buren Zoning Map is amended to reflect this rezoning.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did
pass,approve,and adopt,by a vote of if for and.0 against the foregoing Ordinance at its
regular meeting held on the 20'^day of March 2017.
1111 ,
Ro.ertD..
Mayor
ATTESTED: 4104l A TO FORM:
p,La.�.r
Voler•1.
1 i2 n-Themas Candice A.Settle
be_fai City Clerk,Treasurer City Attorney
Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim
and seconded by Alderman Petty to appropriate the sum of$ 1,274,683.54 to pay expenses and
salaries for February 2017,presented by the clerk. The Council followed with a unanimous vote.
3-14-2017 10:54 AM CITY OF VAN BUREN PAGE: 1
i.
TRIAL BALANCE
AS OF: ,FEBRUA�p 24491, 2017
1 10 -General Fund
'•. MONTH TO DATE "` "' YEAR TO DATE "•
7 ACCT# ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS
9.
ASSETS
Q
1000 Petty Cash 0.00 200.00
1020 Cash in Bank 39,980.04 168,916.08
•
- 1020.01 Cash In Bank-Ins. Reimb. 73,338.40 97,181.53 s Q 6 5>��L;. 4+
1020.03 Cash In Bank-ASP's&Walmart Gra 0.00 79.24 ,8 6 2•2 5+
1020.04 Veterans' Memorial-Act 934 0.00 11,848.16 11 0 5'0 8 70 F
1020.05 2009 Byrne Recovery Grant 0.00
0.00
> 1020.06 2009 Byrne Grant 0.00 0.00 01 ,7049+
1020.07 2007 Byrne Grant o.00 0.00 2,084-86+
1020.08 Cash in Bank- Storm Damage 0.00 0.00 , 4 3 }
1020.09 District Cost Grant-Mediation 0.00 25.00
- 1020.10 Cash in Bank - HDC 330.85 1,362.71
1020.11 Cash in Bank-KVBB 0.00 0.00 0
1020.12 Emergency Management Fund 0.00 0.00
1020.13 Cash In Bank-ACT 833 0.00 62,477.54
4,, 1020.14 Court Automation-District 785.96 55,668.56
i ' 1020.15 Cash in Bank-ACT 1314 0.00 0.00
1020.16 AR Dept of Rural Services 0.00 0.00
1020.17 Nevi'PoliceDept 0.00 0.00
1020.18 Cash in Bank - PD Co Tax- 18,369.71
W, 84,042.57
1020.19 Cash in Bank - FD Co Tax 24,163.61 212,391.11
1020.20 Cash In Bank-Erosion Control 175.00 21,600.00
1020.21 Cash in Bank-CPAcademy 0.00 0.00
t�.4. 1020.22 Cash In Bank-PEG Grant 0.00 10,000.00
-1 1020.27 Cash in Bank - Levee 0.00 8,489.93
I 1020.28 Marina Repairs 0.00 10,495.60
1020.29 Property Maintenance-Scrap 365.06 0.00
1020.30 Field of Dreams-Equipment 1,274.30 1,048.49
4 1020.31 Cash in Bank - Parks 6 Rec 136.72 0.00
1020.32 GIF 0.00 89.43
1020.33 Cash in Bank-Yard Waste 7,138.72 229,697.63
•
1020.34 Cash In BankPublic Facilities 0.00 671.86
" ; 1020.35 Cash In Bank-Jail
9,641.65 60,735.43
`! 1020.51 Cash in Bank - Cemetery 473.06 7,866.14
II
1020.91 Cash in Bank - Cap Imp 41,584.78 980,647.13
:I 1040 Investments 0.00 0.00
1040.10 Investments - Sales Tax City 0.00 0.00
t.1 1040.18 Investments - PD Co Tax 0.OD 0.00
1040.19 Investments - FD Co Tax 0.00 0.00
�' 1040.27 Investments - Levee 0.00 0.00
1040.31 Investments - Parks s Rec 0.00 0.00
'1' 1040.51 Investments - Cemetery 0.00 38,752.59
1040.91 Investments - Cap Imp 160.70 378,590.53
1050 Fixed Assets 0.00 0.00
1051 Accumulated Depreciation 0.00 0.00
1504 Due from Payroll 0.00 0.00
j i,' 1505 Due From Other Funds 0.00 0.00
1520 Due from Street Fund .9 0.47 0.00
j,
Next Police, Fire, Building Inspector, Public Works/Planning, and Ambulance Reports
were presented for filing. Also, the Library submitted their 2016 annual report. There being no
further questions or changes, the reports were filed as submitted.
Next on the agenda was Miscellaneous and General Discussion. The council had a
request from The Old Town Merchants Association to close streets for various events. Motion
was made by Alderman Swaim and seconded by Alderman Kneeland to approve the request. The
council followed with a unanimous vote.
Police Chief Kenneth Bell presented a spreadsheet to the council members regarding the
salaries of the police chief, fire chief, and mayor; all of which compared to other cities our size
are grossly underpaid. Chief Bell asked the council to research and address the issue before we
hire a new police chief, noting any change in salary would not benefit him. Alderman Sparkman
asked about step raises. Chief Bell replied that in his experience ten years from now we would be
in the same position. Alderman Petty agreed with the facts Chief Bell presented but also noted
they aren't the only three positions in the city that are underpaid. Alderman Petty asked if the
Municipal League can provide us a salary comparison. Mayor Freeman stated he has already
requested the latest salary study from the league and will email that information to each of the
alderman. Alderman Swaim requested that the council also look at the salary of the Parks
Director.
Mayor Freeman then discussed the response from the Arkansas Highway and
Transportation Department regarding I-40 and Hwy 59. As of right now, all of the state's funds
are tied up until approximately 2021, so any corroboration will be on hold until the funds
become available.
Mayor Freeman did point out the camera in the council room was just a test to see how
the audio and visual worked on a low scale device that the city already had in its possession.
There being no further business, motion was made by Alderman Swaim and seconded by
Alderman Petty to adjourn. The Council followed with a unanimous vote. The meeting
adjourned at 6:20 p.m.
ATTESTED: • ' ' ' 0 VED:
n �
7` 7Q G7
CI Y CLERK-TREASURER MA OR