05 May 2017 Regular MINUTES OF THE VAN BUREN,ARKANSAS
CITY COUNCIL MEETING MAY 15,2017
The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, May 15,
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 Mr. Brush Brammer, VBHS Senior Class President.
Mr. Brammer then led the Pledge of Allegiance.
Mayor Freeman then asked to adopt the minutes of the Council Meeting on April 17,
2017. Alderman Swaim made a motion to approve the minutes. Alderman Kneeland seconded
the motion. On roll call,the following Council members voted aye: Alderman Moore, Swaim,
Wood, Sparkman,Kneeland and Petty. The following voted nay: none.
Next, Rebecca Kaszubowski with Almost Home Animal Shelter updated the council on
the status of their non-profit organization.
On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE
POLICE DEPARTMENT TO DISPOSE OF CERTAIN ASSETS FROM THE
CITY OF VAN BUREN'S FIXED ASSET INVENTORY,BY SUCH METHODS
AS AUTHORIZED UNDER THE LAW. The Clerk read the Resolution in its entirety.
Mayor Freeman asked if there was any discussion. Mayor Freeman explained that all of
these items have been replaced and need to go to auction with the exception of the first
item that was involved in an accident a couple of weeks ago and was totaled by the
insurance company. Alderman Sparkman seconded by Alderman Kneeland moved that
the Resolution be adopted. On the Clerk's calling the roll,the following vote resulted:
Ayes—Alderman Moore, Swaim, Wood, Sparkman,Kneeland 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 5-1-2017
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 TO AUTHORIZE THE POLICE
DEPARTMENT TO DISPOSE OF CERTAIN ASSETS FROM
THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY,BY
SUCH METHODS AS AUTHORIZED UNDER THE LAW.
WHEREAS, the City of Van Buren Police Department has certain assets on its Fixed Asset Inventory
list which are obsolete,and/or beyond repair,and are no longer cost effective,so as to no
longer be needed by the City;and
WHEREAS, said items or item should be disposed of in accordance with state law,ACA§14-58-
306,and be removed from the City's Fixed Asset Inventory.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS,THAT:
SECTION 1: The Mayor and City Clerk are hereby authorized to remove the following assets from the
Fixed Asset Inventory and to dispose of same by transfer to various governmental
agencies:
Receivinc Agency Value Description of Inventory Control if
City of Mountainburg $24,062.00 2010 Ford Crown Victoria Sedan PD-686
VIN#2FABP7BV3AX102911
SECTION 2: The Mayor and City Clerk are hereby authorized to remove the following assets from the
Fixed Asset Inventory and to dispose of same by transfer,sealed bid,auction or other
such methods authorized under the law:
Department Value Description of Inventory Control#
Police Department $25,985.00 2017 Ford Interceptor SUV PD-756
VIN#1FM5K8AR9HGB47167
Street Department $23,800.00 1997 Ford F450 Bucket Truck ST-206
VIN#3FELF47F0 V MA57968
Street Department $19,938.00 2000 White Ford Crown Victoria ST-321
VIN#2FAFP7I WXYX214630
Street Department $13,998.00 2001 Ram 1500 2DR Pickup ST-325
VIN#1B7HC16Y71S.655$11
Street Department $2,000.00 Alitec Miller Attachment ST-287,
VIN#93CX00219
Yard Waste Dept. $20,825.00 1990 Chevrolet Dump Truck YW-5
VIN#IGBJ7H1P9L1203093
Parks Department $22,48936 2002 Dodge 2500 4DR Pickup PR-42
VIN#3B71g'23262M314029
Parks Department 520,407.00 2002 Ram 1500 4DR 4X4 Pickup PR-43
VIN#1D7HU18NO2S717878 '
Building Department $17,989.00 2000 Ford Pickup CI-81
VIN#1F TRF 17 W 3 YKB23443
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 Qag:, oregoing Resolution at its regular
meeting held on the 15*day of May 2017.
__Obi
Robe:BIT
Mayor
ATTESTED: APP•OVEDasFagm;
T- .
4,,r0 .pZeitn'7aaJ
>C �L
P1ry'Slli`s Thomas .• ,e
City Clerklireasurer City Attorney
On the agenda next was to consider A RESOLUTION AWARDING A
SERVICE SIDEARM TO CAPTAIN ANTHONY KAMAN 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 Moore, Swaim, Wood, Sparkman, Kneeland
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 5-2-2017
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 5 - -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
CAPTAIN ANTHONY KAMAN UPON HIS RETIREMENT.
WHEREAS, Van Buren Police Captain Anthony Kaman is retiring from the City on June 30,
2017 after 33 years of service;and
WHEREAS, Captain Anthony Kaman 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 Captain Anthony Kaman'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,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF TAF
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
SZE001,to Captain Anthony Kaman upon his retirement June 30,2017.
IN WITNESS WHEREOF,the City of Van B -n, kansas,by its City Council,did
pass,approve,and adopt,by a vote of 6 for and U .•.', ,the foregoing Resolution at its
regular meeting held on the 15th of May 2017.
Robert D.
Mayor
ATTESTED: AP'ROVE i •k TO FORM:
4
271Q�t lci Qi -
Phyllis Thomas
.,d' - - ae
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION AWARDING A
SERVICE SIDEARM TO CHIEF KENNETH BELL 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 Sparkman moved
that the Resolution be adopted. On the Clerk's calling the roll,the following vote
resulted: Ayes—Alderman Moore, Swaim, Wood, Sparkman, Kneeland 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 5-3-2017
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 5 -3 -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
CHIEF KENNETH BELL UPON HIS RETIREMENT.
WHEREAS, Van Buren Police Chief Kenneth Bell is retiring from the City on June 30,2017
after 32 years of service;and
WHEREAS, Chief Kenneth Bell 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 Chief Kenneth Bell'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,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF TIlE
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
SZE000,to Chief Kenneth Bell upon his retirement June 30,2017.
IN WITNESS WHEREOF,the City of Van B - kansas,by its City Council,did
pass,approve,and adopt,by a ote of ea for and 0 the foregoing Resolution at its
regular meeting held on the 15thof May 2017.
Robert D.Fr":'*u-
Ma
ATTESTED: AP• DI • e • u
Phyllis Thomas Candice A.Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO PURCHASE CERTAIN VEHICLES FOR THE CITY OF VAN
BUREN POLICE DEPARTMENT,THROUGH THE STATE PURCHASE
CONTRACT; AND FOR OTHER PURPOSES. The Clerk read the Resolution in its
entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman noted this is
the vehicle to replace the totaled Interceptor removed in the first resolution. Alderman
Sparkman seconded by Alderman Kneeland moved that the Resolution be adopted. On
the Clerk's calling the roll,the following vote resulted: Ayes—Alderman Moore,
Swaim, Wood, Sparkman, Kneeland 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 5-4-2017
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.5 -Li -2017
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 PURCHASE
CERTAIN VEHICLES FOR 171E CITY OF VAN BUREN POLICE
DEPARTMENT, THROUGH 1'HE STATE PURCHASE CONTRACT;
AND FOR 0[HER PURPOSES.
WHEREAS, the City of Van Buren is in need of a certain police vehicle,for the safety of life and
protection of property by the City of Van Buren Police Department;and
WHEREAS, the City of Van Buren desires to purchase(1)2017 Ford Interceptor SUV for the price of
$25,985.00 as set forth in attachment"A"hereto;and
WHEREAS, the City is authorized to waive the expense and time of bidding by purchasing such
vehicle through the state purchase contract,pursuant to ARK..CODE ANN.§19-11-
249,and the City has decided that it is in its best interest to purchase the above listed
vehicle via the 2016 Arkansas State Contract,Award No.SP-16-0001.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS,THAT:
SECTION 1: The Police Department of the City of Van Buren,Arkansas is in immediate need of
the vehicle set forth above.
SECTION 2: Said Ford Interceptor SUV is to be purchased via the 2016 Arkansas State Contract,Award
No. SP-16-0001 from McLarty Ford for the total sum of$25,985.00 using insurance
proceeds.
SECTION 3: The Mayor and City Clerk are hereby authorized by the City Council for the City of
Van Buren to execute all documents,contracts,and agreements necessary to
effectuate this action.
IN WITNESS WHEREOF,the City of Van Buren Arkansas,by its City Council,did
1.
pass,approve,and adopt,by a vote of P for and d against e foregoing Resolution at its
meeting held on the 15th day of May 2017.
Robert .F
Mayor
ATTESTED: ••i•OVESTOri .
"061
Phyllisomas .•dic- •.Settle
City Clerk/Treasurer City 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 city attorney recommended this item be
withdrawn due to no petition submitted. City Planner Joe Hurst agreed. Mayor Freeman
removed the item from the agenda.
On the agenda next was to consider A RESOLUTION APPROVING AND
ACCEPTING THE FINAL PLAT OF "MACKIN ESTATES-LOTS 1A, 1B, 1C, 1D
AND 2A" WITHIN THE CITY OF VAN BUREN, ARKANSAS. 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
Moore, Swaim, Wood, Sparkman, Kneeland 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 5-5-2017
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.5 -5 -2017
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION APPROVING AND ACCEPTING 1'HE FINAL PLAT
OF"MACHIN ESTATES—LOTS 1A,1B,1C,1D AND 2A"WITHIN 173x,
CITY OF VAN BUREN,ARKANSAS.
WHEREAS, the City of Van Buren,Arkansas,is duly incorporated under the laws of the State of
Arkansas,with all powers,authority and duties of a city of the first class,and under such
authority has adopted the Subdivision Regulations for the City of Van Buren(Ordinance
No.7-2003);and
WHEREAS, the Van Buren Planning Commission has reviewed and approved this final plat on May 2,
2017;and
WHEREAS, as a result of this meeting,the proposed Final Plat hereto was recommended by a
majority vote of the entire Planning Commission.
NOW,11IL,REFORE,BE IT RESOLVED BY 1HE CITY COUNCIL OF hilt CITY OF
VAN BUREN,ARKANSAS,THAT:
SECTION 1: Subject to the assurances provided in the Code of General Orders of the City of Van
Buren Subdivision Regulations Title 15 et sq.,being executed to assure that all
improvements are put in and that all requirements of the Planning Commission are met,
the submitted Final Plat for Mackin Estates—Lots 1A,1B,1C,1D and 2A within the
City of Van Buren,is hereby approved and accepted.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
approve,and adopt,by a vote of es for and 0 against,the foreg ' • 'esolution at its regular meeting
held on the 15t day of May 2017. '
RobertD. ....
Mayor
ATTESTED: AP' ' • v. - TO FORM:
� .a�
Phy s Thomas Candice A.Settle
City Clerk/Treasurer City Attorney
•
On the agenda next was to consider AN ORDINANCE REPEALING
ORDINANCE NO. 15-2009 AND ESTABLISHING MONTHLY RATES FOR
MANDATORY RESIDENTIAL SOLID WASTE COLLECTION SERVICE FOR
THE CITY OF VAN BUREN,ARKANSAS; DECLARING AN EMERGENCY;
AND FOR OTHER PURPOSES.. The Clerk read the Ordinance in its entirety.
Alderman Moore 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 Kneeland moved that the rules be further suspended and the Ordinance
placed on the third and final reading. The motion was seconded by Alderman Petty. The
council followed with a unanimous vote. The Clerk then read the Ordinance the third and
fmal time. The Mayor asked if there was any discussion. Steve Dufresne stated that there
hasn't been a rate increase since 2009 and this is a .41 rate increase.
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 Moore, Swaim, Wood, Sparkman,
Kneeland, and Petty. 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 Petty and seconded by Alderman Swaim,that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
—Alderman Moore, Swaim, Wood, Sparkman, Kneeland, and Petty. 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 5-2017
CITY OF VAN BUREN,ARKANSAS SECTION 2: The billing and collection for the residential solid waste management program shall be
performed by the Van Buren Municipal Utilities according to its customary billing and
ORDINANCE Na 5 -2017 collection procedures and in accordance with the Agreement between the residential solid
waste disposal firm and the Van Buren Municipal Utilities Commission. The Van Buren
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, Municipal Utilities shall deduct the sum of One Dollar and Forty Eight Cents(3I.48)for
ARKANSAS,AN ORDINANCE TO BE ENTITLED: each customer for whom a collection was made.
AN ORDINANCE REPEALING ORDINANCE NO. 15-2009 AND SECTION 3: The sum of Two Dollars and Zero Cents(52.00)for each customer for whom a collection
ESTABLISHING MONTHLY RATES FOR MANDATORY was made shall be remitted to the City of Van Buren for the operation of a residential yard
RESIDENTIAL SOLID WASTE COLLECTION SERVICE FOR THE waste collection and drop-off program.
CITY OF VAN BUREN,ARKANSAS;DECLARING AN EMERGENCY; SECTION 4: The remainder of charges collected shall be remitted to the residential solid waste disposal
TI�:
AND FOR ORPIIRPOSES. firm in accordance with the Agreement between the residential solid waste disposal firm
WHEREAS, the City of Van Buren,Arkansas has implemented a mandatory residential solid waste and the Van Buren Municipal Utilities Commission:
management system and recycling program pursuant to Ordinance No.10-2009;and
SECTION 5: If any section or part of this Ordinance shall be held to be invalid or unconstitutional,it
WHEREAS, it is the duty of the City Council of the City of Van Buren,Arkansas to approve rates,
g chargedby disposal funis;and shall not affect the remaining Sections thereof,and the Sections and parts of said Ordinance
charges or contractual fees to be residential solid waste shall be treated severally.
WHEREAS, the cost of residential solid waste collection within the City of Van Buren,Arkansas has SECTION 6: All Ordinances or parts of Ordinances in conflict herein,are hereby repealed.
increased since the same were last established by Ordinance No.15-2009,passed and i
approved August 17,2009;and
SECTION 7: Due to the need to maintain and enforce a comprehensive, city-wide,solid waste
management program,and this Ordinance being necessary for the preservation of the
WHEREAS, the City of Van Buren Municipal Utilities Commission,acting as agent for the City of Van public peace,health and safety,shall be in full force and effect from and after its passage
Buren,Arkansas has recommended a schedule of fees and charges for the operation of the and approval.
residential solid waste management program.
IN WITNESS WHEREOF the City of Van Buren,Arkansas,by its City Council,did pass,
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF approve,and adopt,by a vote of (o for and O ay: a, oregoing Ordinance at its regular meeting
VAN SHEEN,ARKANSAS,THAT: held on the 1.5th day of May 2017.
SECTION I: The monthly rate to be charged for each residential unit as defined in Ordinance No.10-
2009 or hereinafter amended shall be Fourteen Dollars and Eighty One Cents($14.81). Robert D. reeman
These charges shall cover,at a minimum,once per week residential solid waste and Mayor
residential curbside recycling collection,the operation of a recycle drop-off facility,and
residential yard waste curbside collection and drop—off facility(operated by the Van
Buren Street Department). ATTESTED: CaliAS 0 FORM:
T- S e4.1/0- .Ylo t 1I
Ph Thomas dice 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 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 Wood 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 Petty moved that the rules be further suspended and the Ordinance
placed on the third and final reading. The motion was seconded by Alderman Wood.
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 Wood and seconded by Alderman Petty to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes—Alderman Moore, Swaim, Wood, Sparkman,
Kneeland, and Petty.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 6-2017
Legal Description:
Part of Lot 33,Boatright's Subdivision to the City of Van Buren,Crawford County,Arkansas,
ORDINANCE NO. G -2017 according to plat filed 1-6-1917,as plat No.148,being more particularly described as follows:
Beginning at the Northwest Corner of said Lot 33;thence along the North line of said Lot 22,
South 88 degrees,23 Minutes East,78.90 Feet to the Point of beginning;thence south 02 degrees
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, 37 minutes 25 seconds East,183.43 feet,more or less,to the South line of said Lot 33;thence
ARKANSAS,AN ORDINANCE TO BE ENTITLED: South 88 degrees 23 minutes East,along said South line 110.70 Feet,more or less,to the
Southeast corner of said Lot 33,thence northerly along the East line of said Lot 33,183 Feet,
more or less,to the Northeast corner of said Lot 33,thence North 88 degrees 23 minutes West,
along the North line of said Lot 33,119.10 Feet to the point of beginning.
AN ORDINANCE TO AMEND ORDINANCE NO.7-1963(VAN BUREN I
MUNICIPAL CODE NO.14.04.01)FOR THE PURPOSE OF REZONING I
CERTAIN PROPERTY IN THE CITY OF VAN BUREN,ARKANSAS,
AMENDING 111k.. ZONING MAP OF THE CITY OF VAN BUREN, Layman's Description&Parcel Numbers
ARKANSAS,AND FOR OTHER PURPOSES. 232 South 26th,Van Buren,Arkansas;700-01400-000
;and
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 proposed rezoning herein was recommended by a majority vote of the entire
WHEREAS, the City of Van Buren has adopted the Zoning Ordinance for the City of Van Planning Commission,in accordance with A.C.A.§14-56-422.
Buren(Ordinance No.7-1963);and NOW,Itie.REFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN,ARKANSAS,THAT:
WHEREAS, a request has been made by J&S Construction,represented by Joseph Marrone,
to rezone certain property within the city limits of the City of Van Buren;and SECTION 1: The above-described property is hereby rezoned from C-2 to R-3 and the Van
Buren Zoning Map is amended to reflect this rezoning.
WHEREAS, notice of a Public Hearing was duly published in the Press Argus Courier on April
15,2017,and a public hearing was conducted as required by law(A.C.A.§14- IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did
56-422)on May 2,2017;and pass,approve,and adopt,by a vote of Co for and co against the foregoing Ordinance at its
regular meeting held on the 15th day of May 2017.
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: 4 ` \ —4 -
Ro.ert I. .- -
Property Zoned New Zoning Mayor
C-2(Commercial Thoroughfare District) R-3(Multi-Family Residential District) ATTESTED: !'PRO 140 FORM:
Phyllis Thomas Candice A.Settle 1
City Clerk/Treasurer City Attorney
I
•
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 Sparkman 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 Wood 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 Planner Joe
Hurst explained that the timeline for this rezone is a bit more spread out because they
really researched the specifics of this zone to make sure it would be done right since there
is no other zone like it in the city. Alderman Petty expressed concern over the multi-
family unit and how it will create a higher density zone. Mr. Marrone, owner of J & S
Construction, explained that the original plan was for a 2-unit dwelling, but in order to
comply with the definition of a townhome it must be at least a 3-unit dwelling but no
more than 8-units. City Attorney Candice Settle did inform the council that spot zoning
was discussed and considered at the Planning Commission meeting and they did not feel
that it was an issue. Mayor Freeman suggested we proceed with caution. Alderman
Swaim requested we go with the Planning Commission recommendation.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Alderman Swaim and seconded by Alderman Sparkman to adopt the Ordinance as amended. On
the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Moore, Swaim, Wood,
Sparkman, and Kneeland.Nays—Alderman Petty. The Mayor declared the motion carried as
there were five (5) ayes and one (1)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 7-2017
CITY OF VAN BUREN,ARKANSAS Leal Description:
ORDINANCE NO._-2017
Lot 22,and PT Lot 23,Block 1,Faber Addition to the City of Van Buren,Arkansas;
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED: •
Layman's Description&Parcel Numbers
701 Poplar Street,Van Buren,Arkansas;700-02510-000;
AN ORDINANCE TO AMEND ORDINANCE NO.7-1963(VAN BUREN
MUNICIPAL CODE NO.14.04.01)FOR THE PURPOSE OF REZONING ;and
CERTAIN PROPERTY IN THE CITY OF VAN BUREN,ARKANSAS,
AMENDING THE ZONING MAP OF THE CITY OF VAN BUREN, WHEREAS, the proposed rezoning herein was recommended by a majority vote of the entire Planning
ARKANSAS,AND FOR OTHER PURPOSES. Commission,in accordance with ACA.§14-56-422.
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 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF •
VAN BUREN,ARKANSAS,THAT:
WHEREAS, the City of Van Buren has adopted the Zoning Ordinance for the City of Van Buren
(Ordinance No.7-1963);and SECTION 1: The above-described property is hereby rezoned from R-2 to R-1B and the Van Buren
Zoning Map is amended to reflect this rezoning.
WHEREAS, a request has been made by Joseph Marrone represented by J&S Construction,LLC.,to
rezone certain property within the city limits of the City of Van Buren;and IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
approve,and adopt,by a vote of 5 for and L against the foregoing Ordinance at its regular meeting
WHEREAS, notice of a Public Hearing was duly published in the Press Argus Courier on January 21, held on the 151h day of May 2017.
2017,and a public hearing was conducted as required by law(A.CA.§14-56-422)on I'll
February 7,2017;and
WHEREAS, as a result of this hearing,the Planning Commission has recommended that certain Robert D. i
property within the city limits of the City of Van Buren be rezoned from its previous Mayor I
classification to the following ATTESTED:
• 'PRO r i Ta FO' :
Property Zoned New Zoning
R-2(Two-Family Residential District) R-1B(Townhouse/Zero Lot Line Residential '--/(dy[XXL1i'.[,G{64'11R/� 410
Phy s Thomas
District) City Clerk/freasurer Ciy e A.Settle
City Attorney
On the agenda next was to consider AN ORDINANCE AMENDING THE
ESTABLISHED PROCEDURES FOR RESIDENTS OF THE CITY OF VAN
BUREN,ARKANSAS, TO OPERATE A COMMERCIAL TRAILER AND
MOBILE VENDING UNIT; AND DECLARING AN EMERGENCY. The Clerk read
the Ordinance in its entirety. Alderman Wood moved that the rules be suspended and the
Ordinance be placed on its second reading. The motion was seconded by Alderman
Petty. The council followed with a unanimous vote. The Clerk then read the Ordinance
the second time.
Alderman Wood 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. Joe Hurst walked the
council through the changes of the ordinance, including but not limited to removing the
30-day permit, exempting festivals and events, and allowing for a downtown food truck
court. Mr. Hurst discussed item#5 regarding outdoor cooking facilities. He said they
received a request to put a smoker in downtown Van Buren, but due to the lack of
regulations we asked the applicant to submit a drawing of how they'd like to set up their
smoker. A drawing was submitted to the planning department but not until after the
memo for the council was written. Mr. Hurst said he doesn't feel prohibiting this business
is appropriate but does think a conditional use permit needs to be applied for and
approved by the Planning Commission. He also noted that Item#5 was approved by the
Planning Commission but his recommendation would be to strike it out. Mr. Richard
Hodo addressed the council saying the downtown needs help. He said there is over
$200,000 invested into this property. He also noted that this parking lot in question is
private and not directly on the city street. Alderman Swaim asked Lonnie London how
the downtown feels about it. Mr. London stated they feel good about having the smoker,
saying it would be better smelling than other things downtown. Alderman Petty clarified
that the food truck and smoke issues are two separate things. Mayor Freeman replied yes.
The main intention of this ordinance was to amend the food truck regulations. The
smoker issue came up during this and will be dealt with by conditional use permits
instead of by ordinance.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Alderman Wood and seconded by Alderman Petty to adopt the Ordinance as amended. On the
Clerk's calling the roll,the following vote resulted: Ayes—Alderman Moore, Swaim, Wood,
Sparkman, Kneeland, and Petty.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 Swaim and seconded by Alderman Moore,that the
emergency clause be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes
—Alderman Moore, Swaim, Wood, Sparkman, Kneeland, and Petty. 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 8-2017
ORDINANCE NUMBER 8-2017 CONTINUED
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. -2017
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED.
AN ORDINANCE AMENDING THE ESTABLISHED
PROCEDURES FOR RESIDENTS OF THE CITY OF VAN
BUREN, ARKANSAS, TO OPERATE A COMMERCIAL
TRAILER AND MOBILE VENDING UNIT; AND DECLARING
AN EMERGENCY.
WHEREAS, it has been determined by the City Council that there is a need to amend the
current regulations for commercial trailers and mobile vending units within the
City of Van Buren;and
WHEREAS, notice of a Public Hearing was duly published,and a Public Hearing was
conducted by the Van Buren Planning Commission to consider amending the
current commercial trailer and mobile vending unit procedures.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1. Amendments to the commercial trailer and mobile vending unit regulations are
hereby set forth in attachment"A"hereto.
SECTION 2. The passage and approval of these permit procedures will protect the health,
safety,and or/welfare of the City and its citizens.
SECTION 3. Should any portion of this ordinance be Unconstitutional or invalid and so
declared by a court of competent jurisdiction,then the remainder of this
ordinance shall not be affected by such partial invalidity.
SECTION 4 The Van Buren City Council has determined that an emergency exists and that
the immediate adoption and enforcement of this Ordinance being necessary for
the public peace,health,safety and welfare,the provisions hereof shall be in
full force and effect from and after its passage.
IN WITNESS WHEREOF, the City of Van Buren,Ar..• as,by its City Council, did
pass,approve,and adopt,by a vote of (p for and 0 al. . the foregoing ordinance at
its regular meeting held on the 15th day of May 2017. 4 ,
Robert
May.
ATTESTED: 'PROVE S TO FORM:
'Y1�vl�iy �!
PhysPAiramMI
City Clerk/Treasurer City Attorney
•
Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim
and seconded by Alderman Wood to appropriate the sum of$ 1,491,211.13 to pay expenses and
salaries for April 2017,presented by the clerk. The Council followed with a unanimous vote.
•
5-03-2017 01:44 PH CITY OF VAN B UAE N
PAGE: 1
c
TRIAL BAIIWC•-��
.'•''''"••••••....mAS OF: APRIL 30TH, 2017
10 -General Fund k
*** MONTH TO DATE *** *** YEAR TO DATE *** i
ACCT. ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS
ASSETS
1000 Petty Cash 0.00 200.00 t
u
1020 Cash in Bank 141,878.62 240,328.10
1020.01 Cash In Bank-Ins. Reimb. 0.00 97,181.53
1 ,091 ,989•07+
1020.03 Cash In Bank-ASP's6Walmart Gra 0.00 79.24 %
1020.04 Veterans' Memorial-Act 934 0.00 16,888.16
59,611 •34+
1020.05 2009 Byrne Recovery Grant 3,500.00 3,500.00 1 r 3 5'Fi(j+
1020.06 2009 Byrne Grant 0.00 0.00
0.00
513.72+
1020.07 2007 Byrne Grant 0.00 1581 6 1 •2 5+
1020.08 Cash in Bank- Storm Damage 0.00 0.00 Q Q C3+ t.
i.
1020.09 District Cost Grant-Mediation 0.00 25.00
71020.10 Cash in Bank- HDC 0.00 826.80 1 4 9 1 2 1 1 . 1 3 + :
1020.11 Cash in Bank-KVBB 0.00 0.00
1020.12 Emergency Management Fund 0.00 0.00 0, ":
l1020.13 Cash In Bank-ACT 833 0.00 62,477.54
. ! 1020.14 Court Automation-District 3,221.74 54,949.82 -
•1020.15 Cash in Bank-ACT 1314 0.00 0.00
1020.16 AR Dept of Rural Services 0.00 0.00
1020.17 New Police Dept 0.00 0.00
t 1020.18 Cash in Bank- PD Co Tax 2,281.37 55,460.91
41020.19 Cash in Bank - FD Co Tax 4,832.72 191,708.89
# 1020.20 Cash In Bank-Erosion Control 150.00 22,050.00
f 1020.21 Cash in Bank-CPAcademy 0.00 0.00
0 1020.22 Cash In Bank-PEG Grant 0.00 10,000.00 '
40 1020.27 Cash in Bank - Levee 0.00 8,489.93 e
1020.28 Marina Repairs 0.00 10,495.60
1 1020.29 Property Maintenance-Scrap 0.00 0.00 p'
ii 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 2,500.00 2,589.43
1020.33 Cash in Bank-Yard Waste 5,338.92 234,169.60 -
1020.34 Cash In BankPublic Facilities 0.00 671.86 1-
1020.35 Cash In Bank-Jail 7,183.09 55,563.69 f
1020.51 Cash in Bank- Cemetery 1,411.68 5,134.61 `.
1020.80 Cash in Bank-KOH 0.00 0.00
t. 1020.91 Cash in Bank - Cap Imp 14,447.97 750,787.17 `.
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 -
1040.27 Investments - Levee 0.00 0.00
1040.31 Investments - Parks 6 Rec 0.00 0.00 III
1040.51 Investments - Cemetery 0.00 38,752.59
1040.91 Investments -Cap Imp 112.58 378,848.33
W
1050 Fixed Assets 0.00 0.00
1051 Accumulated Depreciation 0.00 0.00
4 1504 Due from Payroll 0.00 0.00
1505 Due From Other Funds ', 0.00 0.00 '."
j„
Next on the agenda was Boards and Con-missions. The Van Buren Housing Authority
recommended the appointment of Latresa Lansdale to serve a five(5) year term. Alderman
Wood seconded by Alderman Petty made a motion to grant the nomination. The Council
followed with a unanimous vote. The Van Buren Civil Service Commission recommended the
re-appointment of Joe Stewart and Gene Bell to another six(6)year term. Alderman Sparkman
seconded by Alderman Wood made a motion to grant the nomination. The Council followed
with a unanimous vote. The Van Buren Library Board recommended the re-appointment of
Nelda Capelle to another five (5) year term. Alderman Wood seconded by Alderman Swaim
made a motion to grant the nomination. The council followed with a unanimous vote.
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. The council had a street
closing request from The Current Church for Friday evenings from 4/28/17 through 8/11/17.
Motion was made by Alderman Swaim and seconded by Alderman Wood to approve the request.
The council followed with a unanimous vote.
Mayor Freeman proposed moving the council meetings to the fourth Monday of the
month to allow more time to prepare packets around other commissions meetings. Motion was
made by Alderman Petty and seconded by Alderman Sparkman to approve the change. Council
followed with a unanimous vote.
There being no further business,motion was made by Alderman Wood and seconded by
Alderman Kneeland to adjourn. The Council followed with a unanimous vote. The meeting
adjourned at 7:20 p.m.
ATTESTED: AP ' 'O D:
"re
CITY'CLERK-TREASURER MA' OR