11 November 2017 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING NOVEMBER 27, 2017
The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday,
November 27, 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: Council Member
Wood, Sparkman, Kneeland, Petty, Moore and Swaim. . 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 Pastor Patrick Kimberling of Butterfield Church.
Mr. Kimberling then led the Pledge of Allegiance.
Mayor Freeman then asked to adopt the minutes of the Regular Council Meeting on
October 23, 2017. Council Member Wood made a motion to approve the minutes. Council
Member Sparkman seconded the motion. On roll call, the following Council members voted
aye: Council Member Swaim, Wood, Sparkman, Kneeland, Petty and Moore. The following
voted nay: none
On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE
MAYOR AND CITY CLERK TO REMOVE AND DISPOSE OF CERTAIN
FIXED ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET
INVENTORY, BY SEALED BID, AUCTION OR OTHER METHODS
AUTHORIZED UNDER THE LAW,AND FOR OTHER PURPOSES. The Clerk
read the Resolution in its entirety. Mayor Freeman asked if there was any discussion.
Mayor Freeman explained that the three Crown Victorias with the Police Department are
being replaced by the new Tahoes and the equipment being removed is the equipment
associated with those particular vehicles. Additionally,the Dodge Durango belonging to
the Fire Department is being used as a trade in to purchase a new truck for the Fire
Department from Breeden Dodge. Council Member Swaim seconded by Council
Member Kneeland moved that the Resolution be adopted. On the Clerk's calling the roll,
the following vote resulted: Ayes—Council Member 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 11-1-2017
CITY OF VANBUREN,ARKANSAS
RESOLUTION NO.I 1 - I -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 MAYOR AND CITY CLERK TO
REMOVE AND DISPOSE OF CERTAIN FIXED ASSETS FROM THE CITY OF
VAN BUREN'S FIXED ASSET INVENTORY,BY SEALED BID,AUCTION OR
OTHER METHODS AUTHORIZED UNDER THE LAW,AND FOR OTHER
PURPOSES.
WHEREAS, the City of Van Buren has certain fixed assets on its Fixed Asset Inventory List which are obsolete
and/or beyond repair,and are no longer cost effective,so as tone longer be needed by the City;and
WHEREAS, after an inventory of fixed assets,it is therefore recommended by our State Auditor that said items o
item be removed from the City's Fixed Asset Inventory and disposed of by sealed bid,auction or a
otherwise authorized under Arkansas law.
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 asset or assets from th
Fixed Asset Inventory and to dispose of same by sealed bid,auction or other such methods authorize,
under the law:
Department Amount Description of Inventory Control#
Police Department $1,995.00 MPH Speed Monitor PD-462
SN#SPM57500001201
Police Department $1,500.00 MPH Python Radar Unit PD-356
SN#PYT380000485
Police Department $4,579.20 Primera Bravo 410.1 DVD PublisherPD-718
SN#2121001297
Police Department $22,131.00 2008 Ford Crown Victoria Sedan PD-638
SN#FAFP71VX8XI42691
Police Department $22131.00 2008 Ford Crown Victoria Sedan PD-637
SN#FAFP71V88X142690
Police Department $22,711.00 2009 Ford Crown Victoria Sedan PD-658
SN#2FA.E1P71V39X111082
Police Department $1,545.00 MPH Python Radar Unit PD-529
SN#PYT546004636
Police Department $1,500.00 MPH Python Radar Unit PD-262
SN#PYT304000716
Police Department $1,500.00 MPH Python Radar Unit PD-261
SN#PYT304000715
Police Department $5,020.00 Watchguard Mobile Video System PD-612
SN#DVIO-116716
Police Department $5,265.00 Watchguard Mobile Video System PD-654
SN#DV 10-124318
Fire Department $23,063.00 2008 Dodge Durango FD1-356
SN#1D4HB38N98F135665
IN WITNESS WHEREOF,the City of Van Buten,Arkansas,by its City Council,did pass,approve,and
adopt,by a vote of t.e for and O against the foregoing Resolution at its regular meeting held on the 27a
day of November 2017.
Ro
Mayor
ATTESILD: A.PPR(/�A \' a • ra FORM:
� y ,-+2J �t
Phyllis-Thomas Candice A.Settle
City Clerkareasurer City Attorney
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. Council Member Sparkman seconded by Council
Member Kneeland moved that the Resolution be adopted. On the Clerk's calling the roll,
the following vote resulted: Ayes—Council Member 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 11-2-2017
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.l I - w-2017
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(5100.00)
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 $100.0
Obonus) for Christmas.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,
did pass,approve,and adopt,by a vote of for and 0 against,the foregoing Resolution
at its regular meeting held on the 27th day ofNovemb- 417.
41111611 6
Roseri :
Mayor
ATTESTED: APPROVED AS TO FORM:
7°4-&—e-;2, c-7—AGr-ir-neLLY C_C: 7()
Phyllis Thomas Candice A.Settle
City Clerk/Treasurer
City
Attorney
On the agenda next was to consider AN ORDINANCE AUTHORIZING
LARRY AND HAZEL BEDELL TO FILE AN APPLICATION FOR A PRIVATE
CLUB PERMIT, PURSUANT TO A.C.A. 3-9-222 WITH THE ALCOHOLIC
BEVERAGE CONTROL DIVISION,AND FOR OTHER PURPOSES. The Clerk
read the Ordinance in its entirety. Council Member Wood moved that the rules be
suspended and the Ordinance be placed on its second reading. The motion was seconded
by Council Member Swaim. The council followed with a unanimous vote. The Clerk
then read the Ordinance the second time.
Council Member Wood moved that the rules be further suspended and the
Ordinance placed on the third and final reading. The motion was seconded by Council
Member Swaim. 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 introduced Larry and Hazel Bedell to the council. Council Members Wood and
Swaim both expressed the desire to help downtown continue its forward movement by
approving this request. Council Member Petty asked what their hours will be. Mrs. Bedell
replied that they will be closed Sunday and Monday, open Tuesday and Wednesday
11:00 a.m. — 10:00 p.m., and Thursday through Saturday 11:00 a.m. — 11:00 p.m. Council
Member Petty asserted that this procedure is due to a change in state law that requires
applicants to obtain city council approval before submitting an application to the State.
Mayor Freeman concurred adding that it went into effect back in July.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Council Member Swaim and seconded by Council Member Wood to adopt the Ordinance. On
the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Swaim, Wood,
Kneeland, Petty and Moore.Nays— Sparkman. 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 19-2017
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.I q -2017
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AUTHORIZING LARRY AND HAZEL BEDELL
TO FILE AN APPLICATION FOR A PRIVATE CLUB PERMIT,
PURSUANT TO A.C.A. 3-9-222 WITH THE ALCOHOLIC
BEVERAGE CONTROL DIVISION, AND FOR OTHER
PURPOSES.
WHEREAS, Larry and:Hazel Bedell have presented to the City of Van Buren,Arkansas)fn
consideration an application for a Private Club Permit for a business to be known
as"Larry B's Rhythm Room featuring Hazel's Gourmet Chicken&Waffles";and
' WHEREAS, the City Council of the City of Van Buren,Arkansas,believes it is in the best
interest of the citizens of the city of Van Buren,Arkansas to authorize Larry and
Hazel Bedell to proceed with such petition before the Alcoholic Beverage Control
Division.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF 1'HL,CITY
OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The application submitted by Larry and Hazel Bedell for their Private Club Permit
is hereby approved to be submitted to the Alcoholic Beverage Control Division.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did
pass,approve,and adopt,by a vote of for and against,the foregoing Ordinance at its
regular meeting held on the 27i'day of November 2017.
—(.94tRobert
Mayor
ATTESTED: APPROVED AS TO FORM:
(-10or
PhylEs Thomas Candice A��
City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE TO AMEND
ORDINANCE NO. 10-2015, SECTION 3, TO ALLOW A FEE-IN-LIEU OF
SIDEWALK CONSTRUCTION WHEN CERTAIN CONDITIONS ARE MET,
AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Council
Member Swaim moved that the rules be suspended and the Ordinance be placed on its
second reading. The motion was seconded by Council Member Wood. The council
followed with a unanimous vote. The Clerk then read the Ordinance the second time.
Council Member Swaim moved that the rules be further suspended and the
Ordinance placed on the third and final reading. The motion was seconded by Council
Member 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. City
Planner Joe Hurst explained that for many years sidewalks were not required in
subdivisions. This change allows the city to have the discretion to review all of these
applicants and determine if there is even a need for a sidewalk in that location, but
ultimately this requires the contractor to pay a fee in lieu of not having to build a
sidewalk and therefore increases our sidewalk fund to build sidewalks where it would be
more practical.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Council Member Wood and seconded by Council Member Swaim to adopt the Ordinance. On
the Clerk's calling the roll, the following vote resulted: Ayes—Council Member 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 20-2017
CITY OF VAN BUREN,ARKANSAS Donations to the sidewalk construction fund may be accepted where;
ORDINANCE NO,„/C1-2017 a) The required sidewalks are along an existing street that has no existing sidewalk
network or
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED: b) The Planning Department determines the construction of a sidewalk is not feasible. !i
AN ORDINANCE TO AMEND ORDINANCE NO.10-2015,SECTION 3, When a fee payment to the sidewalk fund is accepted,the sidewalk assessment portion of
TO ALLOW A FEE-IN-LIEU OF SIDEWALK CONSTRUCTION WHEN the building permit fee required by Chapter 9.40 of the Van Buren Municipal Code will
CERTAIN CONDITIONS ARE MET,AND FOR OTHER PURPOSES. not be required for the initial permit on any of the individual lots within the subdivision.
All subsequent permits for improvements on the individual lots will include the sidewalk
WHEREAS, Ordinance No.10-2015 established regulations to require the construction of sidewalks in assessment portion of the building permit fee.
new residential,commercial,and industrial construction;and
WHEREAS, adding a new provision for a fee-in-lieu of construction will streamline the building SECTION 3: The provisions of this ordinance are hereby declared to be severable and if any section,
permit process and ensure that sidewalks are built where needed;and phrase,provision,or application shall be declared or held invalid,such invalidity shall
not affect the remained of the sections,phrases,provisions,or applications.
WHEREAS, _notice of a Public Hearing was duly published,and a Public Hearing was conducted by
the Van Buren Planning Commission to consider this amendment;and IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its CityCouncil,did pass,
approve,and adopt,by a vote of for and U against the foregoing Ordinance at its regular meeting
WHEREAS, the proposed amendment herein was recommended by a unanimous vote of the entire held on the 27th day of November 2017.
Planning Commission.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ,.
VAN BUREN,ARKANSAS,THAT: Ro ert .
Mayor
SECTION I: Ordinance No.10-2015,Section 3 originally states:
ATTESTED: AIcPRO •! \ TO FORM:
Where exceptional topographic conditions,or other extraordinary situations,or
conditions of a piece of property prohibit sidewalks from being constructed in accordance
N7/xQ J
with city standards and specifications,a variance may be applied for through the Planning
T
Commission,in accordance with the procedures for requesting a variance in the Van Phyllis'Thomas Candice A.Settle
Buren Zoning Code. City Clerk/Treasurer City Attorney
SECTION 2: Ordinance No.10-2015,Section 3 is hereby amended as follows:
At the discretion of the Planning Department,applicants may submit a fee payment to the
sidewalk construction fund in lieu of sidewalk construction.The amount of the fee will
be determined as the actual dollar value of sidewalk construction for sidewalks that are
required.The dollar value of the sidewalk improvements will be determined by the
project engineer and approved by the Planning Department. Should the applicant desire
to appeal the Planning Departments determination of the fee-in-lieu,the appeal would be
made to the city of Van Buren Planning Commission for a final determination
4 ,
Next on the agenda was the Financial Statement. Motion was made by Council
Member Swaim and seconded by Council Member Moore to appropriate the sum of
$ 1,351,191.87 to pay expenses and salaries for October 2017,presented by the clerk.
The Council followed with a unanimous vote.
11-06-2017 11:26 AM CITY OF VAN B URE N PAGE: 1
TRIAL BALANCE"
--' ila••• ,u
AS OF: OCTOBER 31ST, 2017
10 -General Fund
"• 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 25,678.22 213,809.87
1020.01 Cash In Bank-Ins. Reimb. 0.00 77,093.11
1020.03 Cash In Bank-ASP's6Walmart Gra 0.00 79.24
1020.04 Veterans' Memorial-Act 934 13,196.16 0.00
1020.05 2009 Byrne Recovery Grant 0.00 0.00 O
1020.06 2009 Byrne Grant 0.00 0.00
1020.07 2007 Byrne Grant 0.00 0.00 1 ,229, 125•36+
1020.08 Cash in Bank- Storm Damage 0.00 0.00 I 1 Q: 5 U •j l0+
1020.09 District Coot Grant-Mediation 0.00 25.00 1
14. 12+
1020.10 Cash in Bank-HDC 0.00 1,793.34
1020.11 Cash in Bank-KVBB 0.00 3,500.00 21 ,632 •Ii)+
. :
1020.12 Emergency Management Fund 0.00 0.00 1 4 3 5 I c i 1 " i.71':
1020.13 Cash In Bank-ACT 833 22,671.51 141,927.37
1020.14 Court Automation-District 670.67 59,902.43 0
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 New Police Dept 0.00 0.00
1020.18 Cash in Bank- PD Co Tax 10,438.25 88,476.59
1020.19 Cash in Bank- FD Co Tax 26,293.83 195,103.76
1020.20 Cash In Bank-Erosion Controli
175.00 23,375.00 {1020.21 Cash in Bank-CPAcademy 0.00 0.00 li
1020.22 Cash In Bank-PEG Grant 0.00 10,000.00
1020.27 Cash in Bank-Levee 0.00 9,889.93
1020.28 Marina Repairs 0.00
10,495.60
1020.29 Property Maintenance-Scrap 0.00 0.00
1020.30 Field of Dreams-Equipment 15.89 9,097.65
1020.31 Cash int
Bank- Parks a Rec 0.00 0.00
1020.32 GIF 0.00 0.00
1 1020.33 Cash in Bank-Yard Waste 1,539.76 248,247.88
1020.34 Cash In BankPublic Facilities 0.00 671.86
I 1020.35 Cash In Bank-Jail 0.00 0.00
1020.36 Cash in Bank-Property Cleanup 0.00 7,941.57 `
1020.37 Probation 4,455.01 10,679.31
1020.51 Cash in Bank- Cemetery 35.90 5,441.14
1020.52 Cemetery-Donations 0.00 32,000.00
y'I 1020.80 Cash in Bank-KOH 296.80 296.80
I 1020.91 Cash in Bank - Cap Imp 110,274.48 572,588.31
; 1040 Investments 0.00 0.00
1 1040.10 Investments - Sales Tax City 0.00 0.00
1040.18 Investments - PD Co Tax
0.00 0.00
,.i 1090.19 Investments - FD Co Tax
0.00 0.00 .
o
i 1040.27 Investments - Levee 0.00 0.00
I
1040.31 Investments - Parks & Rec 0.00 0.00
.1 1040.51 Investments - Cemetery 0.00 38,752.59
j 1040.91 Investments - Cap Imp 109.14 379,513.61
0 1050 Fixed Assets • 0.00 0.00
1
ij
I
t
T'
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
request from Current Church to close a portion of Vine Street on December 15, 2017. Motion
was made by Council Member Swaim and seconded by Council Member Wood. The council
followed with a unanimous vote.
Mayor Freeman briefly discussed the 2016 Audit Report. He noted that there were no
significant findings and it was overall a great audit.
Mayor Freeman then stated that the December council meeting will be on December 18,
2017 due to the Christmas holiday. He also scheduled a budget discussion for December 4, 2017.
There being no further business, motion was made by Council Member Swaim and
seconded by Council Member Moore to adjourn. The Council followed with a unanimous vote.
The meeting adjourned at 6:05 p.m.
A p ST D: hona • " ' I
CI CLERK-TREASURER YOR