04 April 2017 Regular MINUTES OF THE VAN BUREN,ARKANSAS
CITY COUNCIL MEETING APRIL 17,2017
The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, April 17,
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,
Moore, Swaim, Wood 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 Alderman Tyler Wood.
Mr. Wood then led the Pledge of Allegiance.
Mayor Freeman mentioned a correction on page four should have been Ordinance 3-2017
and not 4-2017 as it was passed last month. He then asked to adopt the minutes of the Council
Meeting on March 20, 2017. Alderman Swaim made a motion to approve the minutes.
Alderman Petty seconded the motion. On roll call, the following-Council members voted aye:
Alderman Swaim, Wood, Sparkman,Kneeland, Petty and Moore. The following voted nay:
none.
Mayor Freeman then asked to adopt the minutes of the Special Council Meeting on April
6, 2017. Alderman Wood made a motion to approve the minutes. Alderman Kneeland seconded
the motion. On roll call, the following Council members voted aye: Alderman Swaim, Wood,
Sparkman, Kneeland, Petty and Moore. The following voted nay: none.
On the agenda next was to consider A RESOLUTION AWARDING A
SERVICE SIDEARM TO CORPORAL MARK HOUSE UPON HIS
RETIREMENT. The Clerk read the Resolution in its entirety. Mayor Freeman asked if
there was any discussion. There was none. Alderman Swaim seconded by Alderman
Moore moved that the Resolution be adopted. On the Clerk's calling the roll,the
following vote resulted: Ayes—Alderman Swaim, Wood, Sparkman, Kneeland, Petty
and Moore.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 4-2-2017
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 4 -2-2017
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION AWARDING A SERVICE SIDEARM TO
CORPORAL MARK HOUSE UPON HIS RETIREMENT.
WHEREAS, Van Buren Police Corporal Mark House is retiring from the City on May 1,
2017 after 15 years&10 months of service;and
WHEREAS, Corporal Mark House has demonstrated his dedication to duty and to the
citizens of the City of Van Buren;and
WHEREAS, upon regular service retirement under honorable circumstances,the City wishes to
recognize Corporal Mark House's service as a police officer,and award to him
his issued sidearm carried by him at the time of his retirement from service.
NOW,1Hh,REFORE,BE IT RESOLVED BY 1'HE CITY COUNCIL OF 1H1.CITY OF
VAN BUREN,ARKANSAS,THAT:
SECTION 1: The City Council for the City of Van Buren adopts this resolution awarding this service
Sidearm,a Glock 22 Generation 4 .40 caliber pistol,Serial Number SZE010 to Corporal
Mark House upon his retirement May 1,2017.
IN WITNESS WAFREOF the City of Van Buren,Ark.. . ,by its City Council,did pass,
approve,and adopt,by a vote of (o for and U against,the fore:. •• Resolution at its regular meeting
held on the 171 of April 2017.
Robert D. rr-11
Mayor
ATTESTED: •4rP •S TO FORM:
el-e;"el 745012... 2/1/
Phy is andice A.Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION EXPRESSING THE
WILLINGNESS OF THE CITY OF VAN BUREN TO UTILIZE FEDERAL-MD
TRANSPORTATION ALTERNATIVES PROGRAM FUNDS. The Clerk read the
Resolution in its entirety. Mayor Freeman asked if there was any discussion. City
Planner Joe Hurst explained that this is a street scape project we are hoping to get federal
funding for. The maximum project cost is $625,000 with the grant covering 80% of those
costs. The actual amount of the project is unknown at the moment because the designers
are still working on them, but essentially the city is committing to spending up to
$125,000 on these projects. Alderman Petty seconded by Alderman Sparkman moved
that the Resolution be adopted. On the Clerk's calling the roll, the following vote
resulted: Ayes—Alderman Swaim, Wood, Sparkman, Kneeland, Petty and Moore.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 4-3-2017
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. - s-2017
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION EXPRESSING 11th WILLINGNESS OF 1'1iJ CITY OF
VAN BUREN TO UTILIZE FEDERAL-AH) TRANSPORTATION
ALTERNATIVES PROGRAM FUNDS.
WHEREAS, the City of Van Buren understands Federal-aid Transportation Alternatives Program
Funds are available at 80%federal participation and 20%local match to develop or
improve the Downtown Van Buren Streetscape Project;and
WHEREAS, the City of Van Buren 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 CITY COUNCIL OF 1'H.N,CITY OF
VAN BUREN,ARKANSAS,THAT:
SECTION 1: The City of Van Buren will participate in accordance with its designated responsibility,
including maintenance of this project.
SECTION 2: Mayor Bob Freeman and City Clerk-Treasurer Phyllis Thomas are hereby authorized and
directed to execute all appropriate agreements and contracts necessary to expedite the
construction of the above stated project.
SECTION 3: The City of Van Buren City Council pledges its full support and hereby authorizes the
Arkansas State Highway and Transportation Department to initiate action to implement
this project.
IN WITNESS WHFREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
approve,and adopt,by a vote of (,for and O against,the fore:. • Resolution at its regular meeting
held on the 17t day of April 2017.
•obert D.
Mayor
ATTESTED: AP'' TO FORM:
N
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Phyllis
y Candic- . -tle
City Clerk/Treasurer Attorney
On the agenda next was to consider A RESOLUTION SETTING A PUBLIC
HEARING DATE FOR ABANDONING A PUBLIC RIGHT-OF-WAY IN THE
MOUNTAIN VIEW ADDITION INSIDE THE CITY OF VAN BUREN,
CRAWFORD COUNTY,ARKANSAS. The Clerk read the Resolution in its entirety.
Mayor Freeman asked if there was any discussion. Mayor Freeman explained that this is
just setting the public hearing and the plat still has to go to the subdivision committee to
review utility easements. Alderman Wood seconded by Alderman Moore moved that the
Resolution be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes
—Alderman Swaim, Wood, Sparkman, Kneeland, Petty and Moore.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 4-4-2017
CITY OF VAN BUREN(,ARKANSAS 4
RESOLUTION NO. - 4 -2017
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION SETTING A PUBLIC HEARING DATE FOR
ABANDONING A PUBLIC RIGHT-OF-WAY IN 1'HE MOUNTAIN VIEW
ADDITION INSIDE 1'HE CITY OF VAN BUREN, CRAWFORD
COUNTY,ARKANSAS.
WHEREAS, Erich Bauman,represented by Satterfield Surveying,has petitioned the City Council of
Van Buren,Arkansas,to vacate and abandon the public right-of-way along certain lots
inside the Mountain View Addition more particularly described as follows:
Description of Existing 60.00 Foot Right-of-Wav
All that portion of the 60 feet platted Walnut Street Right-of-Way,lying between
Lots 7 thru 12 Block I,Mountain View Addition and Lots 1 thru 6,Block P,
Mountain View Addition to the City of Van Buren,Arkansas
;and
WHEREAS, all of the property owners and adjacent property owners being affected by this right-of-
way abandonment have consented by signed petition;and
WHEREAS, the City Council of Van Buren,acting under the authority of A.C.A.14-199-103 and
A.C.A.14-301-302,has the authority to vacate public right-of-ways or segments thereof.
NOW,THEREFORE,BE IT RESOLVED.BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS,THAT:
SECTION 1: A Public Hearing is set for May 15,2017,at 5:30 P.M.in the Van Buren City Council
Room,at which time said Petition shall be presented to the City Council and the City
Council will determine at that time if such portion of said public right-of-way should be
vacated and that all affected property owners and other persons directly interested have
consented to such vacating.
SECTION 2: The City Clerk of Van Buren,Arkansas,is hereby directed to give notice by publication
once a week for two consecutive weeks in some newspaper,published in Crawford
County,advising the property owners and others affected,of said date and time the
Council will hear said Petition.
IN WITNESS WHEREOF,the City of Van Buren,Arkan : , . its City Council,did pass,
approve,and adopt,by a vote of 6 for and 0 against,the forego •g R=.olution at its regu meeting
held on the 17th day of April 2017.
Ro.-rt D.Freeman '
Mayor
ATTESTED: AP, ► • ! AS TO FORM:
Phy is Thomas Candice A.Se -
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION ACCEPTING THE BID
OF N.E.C. INC. FOR THE RENA ROAD SIDEWALK IMPROVEMENT
PROJECT,AND FOR OTHER PURPOSES. The Clerk read the Resolution in its
entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman explained
that this was a TAP grant we were awarded two years ago. Alderman Wood questioned
why the bid for N.E.C. was so much lower on site prep and sub grade prep. Larry Yates
with Hawkin Weir Engineers explained that most contractors place their lump sum bid
items in areas to recuperate the fees they can't bill for. Alderman Petty asked if Mr. Yates
prepares the take-off quantities for them. Mr. Yates agreed that everyone bids on the
same specifications. Alderman Petty then asked where N.E.C. is from. Mr. Yates stated
that they are from Rogers,AR. He also said since they have not previously worked with
them they did obtain two references from the City of Springdale and the City of Rogers
with which they have done similar type work with. He also noted that this was a very
competitive bid as there were nine submissions. Alderman Petty seconded by Alderman
Wood moved that the Resolution be adopted. On the Clerk's calling the roll, the
following vote resulted: Ayes—Alderman Swaim, Wood, Sparkman, Kneeland, Petty
and Moore.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 4-5-2017
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. L{ - 5 -2017
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING THE BID OF N.E.C. INC.
FOR THE RENA ROAD SIDEWALK IMPROVEMENT
PROJECT,AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren has advertised for bids for the Rena Road Sidewalk
Improvement Project;and
WHEREAS, bids have been received and opened in accordance with Arkansas law and
N.E.C.Inc.was the lowest bidder meeting the bid specifications;and
WHEREAS, the City of Van Buren has determined that the bid of N.E.C.Inc.is the best bid.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL
OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The City of Van Buren,Arkansas accepts the bid of$234,100.00 as
submitted by N.E.C.Inc.as set forth in"Exhibit 1"attached hereto.
SECTION 2: The Mayor and City Clerk are hereby authorized by the City Council for
the City of Van Buren to pay all expenses relating to the Rena Road Sidewalk
Improvements and to execute all documents necessary to effectuate the
agreement.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,
did pass,approve,and adopt,by a vote of 6, for and Co against,the foregoing Resolution
at its regular meeting held on the 17th day of April 201
Ro.ert Li. -- ..-::.''z
Mayor
ATTESTED: •.'TR• • l AS TO FORM:
i
�.
V �
Ph s Thomas Candice A.Settle
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 PROPERTIES IN ORDER TO
CORRECT THE OFFICAL VAN BUREN ZONING MAP,IN 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
Wood. 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. Joe Hurst, City
Planner,noted that this is just the first of a list of about ten properties that over the years
as the map has changed have been mistakenly zoned. He explained that there will be no
change to the current use of the property, but just correcting the map to its previous
zoning. Alderman Petty asked if this was a rezone or a correction. Mr. Hurst stated that
it's a technicality to correct the official zoning map of the city.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Alderman Wood and seconded by Alderman Kneeland to adopt the Ordinance as amended. On
the Clerk's calling the roll,the following vote resulted: Ayes—Alderman Swaim, Wood,
Sparkman, Kneeland, Petty and Moore.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 4-2017
Legal Description:
CITY OF VAN BUREN,ARKANSAS
Van Buren Acreage,19-9-31,PT SE NW NE SE;19-9-31,PT NE SE;19-9-31,PT W/2 NE SE, 1
ORDINANCE NO.I-2017
Van Buren,Crawford County,Arkansas. 1 -
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED: Addresses&Parcel Numbers i
AN ORDINANCE TO AMEND ORDINANCE NO.7-1963(VAN BUREN 506 N 26 ST,700-08245-000;700-08246-002-C,
MUNICIPAL CODE NO.14.04.01)FOR THE PURPOSE OF,REZONING
510 N 26 ST;700-08246-003-C;
CERTAIN PROPERTIES IN ORDER TO CORRECT THE OFFICIAL
VAN BUREN ZONING MAP, IN THE CITY OF VAN BUREN,
ARKANSAS,AND FOR OTHER PURPOSES. 505 N 26 ST,700-08247-000-C,
501 N 26 ST,700-08249-002;
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 fust class;and 425 N 26 ST,700-08246-000-C
WHEREAS, the City of Van Buren has adopted the Zoning Ordinance for the City of Van Buren 1 ;and
(Ordinance No.7-1963);and -
! WHEREAS, the proposed rezoning herein was recommended by a majority vote of the entire Planning
WHEREAS, a request has been made by the Planning Commission,to correct the zoning map on Commission,in accordance with A.C.A.§14-56-422.
certain properties within the city limits of the City of Van Buren;and
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEREAS, notice of a Public Hearing was duly published in the Press Argus Courier on February 18, VAN BUREN,ARKANSAS,THAT:
2017,and a public hearing was conducted as required by law(A.CA§14-56-422)on
March 7,2017;and SECTION 1: The above-described property is hereby rezoned from R-2 to C-2 to correct the existing j
zoning designations.The Van Buren Zoning Map is amended to reflect these rezonings j
WHEREAS, as a result of this hearing,the Planning Commission has recommended that certain and corrections.
properties within the city limits of the City of Van Buren be rezoned from its previous
classification to the following IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
approve,and adopt,by a vote of Le for andQ.against the foregoing Ordinance at its regular meeting
'ropertv Zoned )4ew Zoning(Correcting the Zoning Map) held on the 171h day of April 2017.
R-2(Two-Family Residential District) • C-2(Commercial Thoroughfare District)
Ro . reeman
Mayor
ATTESTED: ..•P•• t .STOFORM:
�
7��fJnn, 1GYYL1/ ) �
•
Phyllis Thomas Candice A Settle
City Clerk/Treasurer City Attorney
•
Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim
and seconded by Alderman Moore to appropriate the sum of$ 1,680,339.79 to pay expenses and
salaries for March 2017,presented by the clerk. The Council followed with a unanimous vote.
f
11 4-05-2017 05:35 PM CITY OF VAN B URE N PAGE: 1
TRIAL SR.-.. ---5
AS OF: MARCH 31ST, 2017
`1
10Geneesi - �
•••MONTH TO DATE ••• ••• YEAR TO DATE '
ACCT$ ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS
ASSETS
1000 Petty Cash 0.00 200.00 {
1020 Cash in Bank 70,466.60 98,449.48 -
1020.01 Cash In Bank-Ins. Reimb. 0.00 97,181.53 4 0 Q s 2 1 4•6 0+ �£
1020.03 Cash In Bank-ASP's6Walmart Gra 0.00 7p.24 `T Q 896 2-}
1020.04 Veterans' Memorial-Act 934 5,040.00 16,888.16 I 2 255•44
1020.05 2009 Byrne Recovery Grant 0.00 0.00 /
0.00
0.00
0.00
1020.06 2009 Byrne Grant 0.00 97,139•64+ '
1
1020.07 2007 Byrne Grant 0.00 3�,834-09+
1020.08 Cash'' n Bank- Storm Damage 0.00 1 6 8 0 3 3 9 7 9 +
1020.09 District Coat Grant-Mediation
I
10.00 25.00
1020.10 Cash in Bank - HDC 535.91 826.80
1020.11 Cash in Bank-KVBB 0.00 0.00
f
i§ 1020.12 Emergency Management Fund 0.00 0.00 ;.
1020.13 Cash In Bank-ACT 833 0.00 62,477.54
▪ 1020.14 Court Automation-District 2,503.00 58,171.56
1020.15'Cash in Bank-ACT 1314 0.00 0.00 �4
• 1020.16 AR'Dept of Rural Services 0.00 0.00 `MFF
1020.17 New Police Dept 0.00 0.00
1020.18 Cash in Bank- PD Co Tax 30,863.03" 53,179.54
% 1020.19 Cash in Bank- FD Co Tax 25,514.94 186,876.17
1020.20 Cash In Bank-Erosion Control 300.00 21,900.00
1020.21 Cash in Bank-CPAcademy 0.00 0.00
1020.22 Cash In Bank-PEG Grant 0.00 10,000.00
• 1020.27 Cash in Bank - Levee 0.00 8,489.93
• 1020.28 Marina Repairs 0.00 10,495.60 *6•
1020.29 Property Maintenance-Scrap 0.00 0.00
) 1020.30 Field of Dreams-Equipment 0.00 1,048.49
' 1020.31 Cash in Bank - Parks 6 Rec 0.00 0.00
1020.32 GIF 0.00 89.43
1020.33 Cash in Bank-Yard Waste 866.95 228,830.68
7 1020.34 Cash In BankPublic Facilities 0.00 671.86
-
1020.35 Cash In Bank-Jail 12,354.83 48,380.60
1020.51 Cash in Bank -Cemetery
1,319.85 6,546.29
1020.80 Cash in Bank-KOH 0.00 0.00
1020.91 Cash in Bank-Cap Imp 215,411.99 765,235.14 '
1040 Investments 0.00 0.00
1040.10 Investments - Sales Tax City 0.00 0.00
1040.18 Investments - PD Co Tax 0.00 0.00
1040.19 Investments - FD Co Tax 0.00 0.00
1040.27 Investments - Levee 0.00 0.00
1040.31 Investments - Parks 6 Rec 0.00 0.00
1040.51 Investments - Cemetery 0.00 38,752.59
1040.91 Investments - Cap Imp 145.22 378,735.75
1050 Fixed Assets 0.00 0.00
f i 1051 Accumulated Depreciation 0.00 0.00
1504 Due from Payroll 4 0.00 0.00
1505 Due From Other Funds 0.00 0.00
[ '
I
,
Next Police, Fire, Building Inspector, Public Works/Planning, and Ambulance Reports
were presented for filing. Also,the City Attorney Candice Settle submitted an annual report to
update the council on any city litigation. 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 several
requests for street closings. The Crawford County Sheriff's Office to close streets for Pioneer
Day Parade on May 27th. Motion was made by Alderman Swaim and seconded by Alderman
Petty to approve the request. The council followed with a unanimous vote.Next, First Baptist
Church to close streets for VBS June 5-9. Motion was made by Alderman Wood and seconded
by Alderman Swaim to approve the request. The council followed with a unanimous vote. And
lastly,the Center for Art and Education to close streets for a 5k race event on June 10th. Motion
was made by Alderman Swaim and seconded by Alderman Moore to approve the request. The
council followed with a unanimous vote.
Alderman Wood asked what the best way to get the ball rolling on organizing a food
truck park in the downtown area, especially with the opening of Freedom Park. Mayor Freeman
said that Joe Hurst has been working on amending our current Mobile Vending permit ordinance.
Mr. Hurst stated that the original ordinance was structured for any mobile business, not just food
trucks, and also limited the number of occupants per parcel with strict zoning requirements.
Alderman Wood asked if we could organize a meeting with stake holders to work on getting this
going. Mayor Freeman noted that he and Joe Hurst met with a food truck organization in Fort
Smith a couple months ago, so yes we could meet with a study group. Alderman Wood
suggested the Planning Commission get with some stake holders and get this study session
scheduled.
There being no further business, motion was made by Alderman Swaim and seconded by
Alderman Moore to adjourn. The Council followed with a unanimous vote. The meeting
adjourned at 6:10 p.m.
ATTESTED: PR VED:
C CLERK
-TREASURER LER -
TREASURER MAYO