07 July 2017 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING JULY 24,2017
The City Council of the City of Van Buren,Arkansas met at 5:30 p.m. Monday, July 24,
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 Wood, Sparkman,
Kneeland,Petty and Swaim. City Clerk-Treasurer Phyllis Thomas and City Attorney Candice
Settle were present. Aldermen Moore was absent. This made a total of eight(8)present. A
quorum was declared.
The invocation was given by LaToya Shepherd, Outreach Pastor for Heritage Church.
Ms. Shepherd then led the Pledge of Allegiance.
Mayor Freeman then asked to adopt the minutes of the Council Meeting on June 26,
2017. Alderman Petty made a motion to approve the minutes. Alderman Swaim seconded the
motion. On roll call, the following Council members voted aye: Alderman Wood, Sparkman,
Kneeland, Petty and Swaim. The following voted nay: none.
Next on the agenda was a public hearing for the abandonment of an alley in
Mountain View Addition. There were no issues heard.
On the agenda next was to consider AN ORDINANCE TO AMEND
ORDINANCE NO. 10-1989,FOR THE PURPOSE OF CORRECTING THE
DESCRIPTION OF A PORTION OF AN ALLEY AND PARTS OF THREE
STREETS TO BE VACATED AND ABANDONED IN THE MOUNTAIN VIEW
ADDITION TO THE CITY OF VAN BUREN,ARKANSAS, DECLARING AN
EMERGENCY,AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its
entirety. Alderman Kneeland 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 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
final time. The Mayor asked if there was any discussion. City Planner Joe Hurst
explained the error was in the block description.
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. On the Clerk's
calling the roll, the following vote resulted: Ayes—Alderman Wood, Sparkman, Kneeland,
Petty and Swaim. Nays—none. The Mayor declared the motion carried as there were five (5)
ayes and (0)nays. Four(4) votes being necessary for passage.
Motion was made by Alderman Swaim and seconded by Alderman Petty, that the
emergency clause be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes
—Alderman Wood, Sparkman, Kneeland, Petty 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 11-2017
CITY OF VAN BUREN,ARKANSAS NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ORDINANCE NO. -2017 VAN BUREN,ARKANSAS,THAT:
SECTION 1: The City of Van Buren,Arkansas,hereby releases,vacates,and abandons all its rights,
BE IT ENAC 1 Ell BY THE CITY COUNCIL,FOR THE CITY OF VAN BURIN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED: together with the rights of the public generally,in and to the public alleyway and streets
as they are correcting described above.
AN ORDINANCE TO AMEND ORDINANCE NO.10-1989,FOR
THE PURPOSE OF CORRECTING THE DESCRIPTION OF A SECTION 2: Due to the immediate need to correct the mistake found in the original Ordinance No.10-
PORTION OF AN ALLEY AND PARTS OF THREE STREETS 1989,an emergency is declared to exist and this ordinance being necessary for the
TO BE VACATED AND ABANDONED IN THE MOUNTAIN preservation of the public health,safety,and welfare,it shall take effect immediately
VIEW ADDITION TO THE CITY OF VAN BUREN,ARKANSAS, from and after its passage and approval.
DECLARING AN EMERGENCY,AND FOR OTHER PURPOSES.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
WHEREAS, the City Council of Van Buren,acting under the authority of A.CA.14-199-103 and approve,and adopt,by a vote of,for and d against the foregoin•Ordinance at its regular meeting
A.C.A.14-301-302,had the authority to vacate and abandon a portion of an alley and held on the 241°day of July 2017.
parts of three streets in the Mountain View Addition;and `
4
WHEREAS, it was recently discovered by the petitioners of said abandonment,that the above _
mentioned alley and streets were incorrectly described in the original Ordinance No.10- Ro• o
1989;and • -.-.--_
Mayor
WHEREAS, the Planning Commission of the City of Van Buren has reviewed the matter and ATTESTED:
recommends that the City Council vacates and abandons the portion of an alley and parts I AS TO FORM:
of three streets,as they are accurately described below: �� �J 11,4,
To vacate and abandon the alley between Lots 1 through 5 and Lots 8 Philp omas Candice A.Settle
through 12,Block I,Mountain View Addition;the South 30 feet of • City Clerk/Treasurer City Attorney
Grand Avenue adjoining Lots 1 through 6,Block I,Mountain View
Addition;the West 23 feet of Alta Vista Street from the centerline of
Grand Avenue to the South line of Walnut Street except that portion
adjoining the alleyway in Block I;and all of Walnut Street between
Block I and Block P of Mountain View Addition,all in the City.of Van
Buren,Arkansas.
On the agenda next was to consider AN ORDINANCE TO AMEND
ORDINANCE NO. 25-1997, TO RECLASSIFY RETAIL PHARMACIES AS
PERMITTED USES IN INDUSTRIAL ZONES,AS SPECIFIED IN THE CITY OF
VAN BUREN PERMITTED AND CONDITIONAL USE LEGEND; DECLARING
AN EMERGENCY; 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 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. Mayor Freeman
briefly explained the legend.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Alderman Swaim and seconded by Alderman Wood to adopt the Ordinance. On the Clerk's
calling the roll,the following vote resulted: Ayes—Alderman Wood, Sparkman, Kneeland,
Petty and Swaim.Nays—none. The Mayor declared the motion carried as there were five (5)
ayes and (0)nays. Four(4) votes being necessary for passage.
Motion was made by Alderman Swaim and seconded by Alderman Wood, that the
emergency clause be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes
—Alderman Wood, Sparkman, Kneeland, Petty 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 12-2017
ORDINANCE NUMBER 12-2017 CONTINUED
ORDINANCE NO.L.-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.25-1997,TO
RECLASSIFY RETAILPHARMACIES AS PERMITTED USES IN
INDUSTRIAL ZONES,AS SPECIFIED IN THE CITY OF VAN
BUREN PERMITTED AND CONDITIONAL USE LEGEND;
DECLARING AN EMERGENCY;AND FOR OTHER PURPOSES.
WHEREAS, the City.doped Ordinance No.25-1997 to provide for regulations for the granting of
conditional uses wiWin established zones;and
WHEREAS, notice A•Public Hearing was duly published,and It Public Hearing was conducted
• by We Van Buren Pluming Commission on July 11,2017 to consider this proposed
amendment end
WHEREAS, the proposed change herein was recommended by a majority vole of the entire
Planing Commission.
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OP -_
THE CITY OF VAN BUREN,ARKANSAS,THAT: ISI
SECTION.I: Ordinance No.25-1997.ball be emended es follows
City of Van Buren
Pemsined and Conditional
Use legend
X=Pemvned Use _• _ •_ _• - .13
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planning comm..a.commission) a . a s 7 5 $ _ F. s o
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Pesmined end Conditional
Use Legend
X=Pemdned Use _ _ _
C=Conditional Use(must be approved E E . d -
by planning commission) _ 311
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SECTION 2: The various provisions and pans of this Ordinance are busby declared to be '
severable,and,if any section or part ofa section.m any provision or pen of
provision herein,lo declared to be unconstitutional,inappropriate,or invalid
by any court of competeotjuridielioo,such bolding shall not invalidate or
effect the remainder of this ONioeoce and to that extent the provisions hereto
ere declared to be severable.
SECTION 3: Disc to the need to promptly implement this change to the conditional use SII
legend,au emergency is hereby declared to exist and this Ordinance shall be
in full force from and after We date of its passage and approval. -
IN WITNESS WHEREOF,the City ofvan Buren,Arkansas,by its City Council,did pus, ISI
approve,and adopt,by a vole of,�,.for and U against,We Tong m rdinence at its regular meeting
held on We 24.day ofluly 2017
,
Robert D.Freemu
Mayor
ATTESTED: PRO 00 AS 0 FORM:
Pbyl is Thomas
Jce A:S
City CI.HTrcasurer City Anorney e
Next on the agenda was Boards and Commissions. The Van Buren Planning
Commission recommended the re-appointment of Philip Bagby and Lynn Graham to
another three year term. Alderman Petty seconded by Alderman Kneeland made a motion
to grant the nomination. The Council followed with a unanimous vote. The Van Buren
Advertising and Promotion Commission recommended the appointment of Mindy
London to fill the vacant position. Alderman Wood seconded by Alderman Swaim made
a motion to grant the nomination. The Council followed with a unanimous vote.
Next on the agenda was the Financial Statement. Motion was made by Alderman
Swaim and seconded by Alderman Sparkman to appropriate the sum of$ 1,466,462.74 to
pay expenses and salaries for June 2017,presented by the clerk. The Council followed
with a unanimous vote. - f
7-06-2017 05:11 PM C I T Y O F V A N B URE N PAGE: 1
TRIAL BALANCE
iia ""RS"�F•.!`JUNE 30TH, 2017
10 -General Fund
'•• MONTH TO DATE •" '•' YEAR TO DATE '••
ACCT* ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS
ASSETS
-1000 Petty Cash 0.00
I 200.00
1020 Cash in' Bank 93,829.13 261,233.61 1 ,340,5(b • 5 +
, 1020.01 Cash In Bank-Ins. Reimb. 6,392.71 103,574.24 1 25.
1020.03 Cash In Bank-ASP's6Walmart Gra 0.00 79.24 _
1020.04 Veterans' Hemorial-Act 939 4,000.00 13,196.16 1 5 j`J T
i 1020.05 2009 Byrne Recovery Grant 0.00 3,500.00 900•00+
1020.06 2009 Byrne Grant 0.00 0.00 1 ; 496=462,74,,,+
1, .1020.07 2007 Byrne Grant 0.00 0.00
� 1020.08'Cash in Bank- Storm Damage 0.00 0.00 ..
1020.09 Di'trict Cout Grant-Mediation 0.00 20.00
L
L1020.10 Cash in Bank - HDC 245.82 2,018.44
i; 1020.11 Cash in Bank-KVBB 0.00 0.00
1020.12 Emergency Management Fund 0.00 0.00
l' 1020.13 Cash In Bank-ACT 833 48,138.97 110,616.51
i{{' 1020.14 Court Automation-District 179.05 56,630.64
}� 1020.15 Cash in Bank-ACT 1314 0.00 0.00
! 1020.16 AR Dept of Rural Services 0.00 0.00
4i 1020.17 New Police Dept 0.00 0.00
11
1020.18 Cash in Bank - PD Co Tax 54,868.79 11,889.58
ji 1020.19 Cash in Bank - FD Co Tax 26,673.55 142,937.09
22,425.00
1020.20 Cash In Bank-Erosion Control 225.00
, 1020.21 Cash in Bank-CPAcademy 0.00 0.00
1020.22 Cash In Bank-PEG Grant 0.00 10,000.00
1 .
1 1020.27 Cash in Bank - Levee 650.00 7,839.93
,
I1 1020.28 Marina Repairs 0.00 10,495.60
iI 1020.29 Property Maintenance-Scrap 0.00 0.00 _
1020.30 Field of Dreams-Equipment 11,011.05 12,059.54
1 1020.31 Cash in Bank - Parks 6 Rec 0.00 0.00
, 1020.32 GIF 0.00 2,589.43
I 1020.33 Cash in Bank-Yard Waste 4,265.11 242,513.64
1020.34 Cash In BankPublic Facilities 0.00 671.86
1020.35 Cash In Bank-Jail 5,372.02 66,560.60
1020.36 Cash in Bank-Property Cleanup 0.00 7,941.57
1020.37 Probation 100.00 100.00
1020.51 Cash in Bank - Cemetery 35.37 5,073.49
1020.80 Cash in Bank-KOH 486.06 311.08
1020.91 Cash in Bank - Cap Imp 51,442.22 693,433.92
f i�i 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 112.65 379,069.96
1050 Fixed Assets 0.00 0.00
{
1051 Accumulated Depreciation 0.00 0.00
r.
'F:
I
4
I
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. Mayor Freeman
mentioned he had added to the council's packet information about a meeting with RITA on
August 23rd. He asked them to RSVP to Jennifer if they thought they could attend.
Alderman Swaim mentioned that although there have been issues with the new splash
pad, he was delighted to see people out enjoying it this weekend. Mayor Freeman thanked Paul
Dunn and his crew for their hard work through all the issues.
There being no further business,motion was made by Alderman Petty and seconded by
Alderman Swaim to adjourn. The Council followed with a unanimous vote. The meeting
adjourned at 6:07 p.m.
ATTESTED: APP 1 D:
CITY CLERK-TREASURER MA OR 41.1111111.1