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05 May 2018 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING MAY 21,2018 The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, May 21, 2018 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 Katelyn King, Butterfield Trail Middle School student. Ms. King then led the Pledge of Allegiance. Mayor Freeman then presented Ms. King with a key to the city. Mayor Freeman then asked to adopt the minutes of the Regular Council Meeting on April 23, 2018. Council Member Sparkman made a motion to approve the minutes. Council Member Wood seconded the motion. On roll call,the following Council members voted aye: Council Member Wood, Sparkman, Kneeland, Petty, Moore and Swaim. The following voted nay: none. Mayor Freeman then asked to adopt the minutes of the Special Council Meeting on April 30, 2018. Council Member Swaim made a motion to approve the minutes. Council Member Sparkman seconded the motion. On roll call, the following Council members voted aye: Council Member Wood, Sparkman, Kneeland, Petty,Moore and Swaim. 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 noted that the two police vehicles have been swapped out and are headed to auction and the mower was lost in a fire and is being claimed as a loss on insurance. Council Member Swaim seconded by Council Member Wood moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Wood, Sparkman, Kneeland,Petty,Moore and Swaim.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 5-1-2018 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 5 - I -2018 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION TO AUTHORIZE 171E MAYOR AND CITY CLERK TO REMOVE AND DISPOSE OF CERTAIN FIXED ASSETS FROM TEL CITY OF VAN BUREN'S FIXED ASSET INVENTORY,BY SEALED BID,AUCTION OR OTHER METHODS AUTHORIZED UNDER THE LAW,AND FOR O11IER 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 to no 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 or item be removed from the City's Fixed Asset Inventory and disposed of by sealed bid,auction or as otherwise authorized under Arkansas law. NOW,THEREFORE,BE IT RESOLVED BY IHE 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 the Fixed Asset Inventory and to dispose of same by sealed bid,auction or other such methods authorized under the law: Department Amount Description of Inventory Control# Police Department $22,800.00 2005 Chevrolet Trailblazer PD-602 1GNDS13S152203223 Police Department $16,614.00 2004 Chevrolet Impala Sedan PD-569 2G1WF52K149269343 Parks&Recreation $ 8,841.23 Gravely Pro Turn 60"Mower PR-24 S#021156 IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and adopt,by a vote of 1..o for and U against the foregoing Resolution at its regular meeting held on the 21"day of May 2018. 111 Robert D. r. Mayor 'I ��, ATTESTED: APPRO1 '' -681.4.44..gt;2.A3na.e2 44111 Ph'IIlis Thomas Candice A.SettleNIL City Cleric/Treasurer City Attorney On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 25-1997, TO ADD RECREATIONAL (RV) PARKS AS CONDITIONAL USES IN CERTAIN 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. Council Member Kneeland 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 Kneeland 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. City Planner Joe Hurst explained that this is really defining something that should have already been in there. Council Member Jim Petty clarified that if someone wanted to park and live in a RV other than the two already established RV parks it would have to be in the designated allowed zones or be approved by the Planning Commission by a conditional use permit. Council Member Petty then asked about adding some defined terms for RVs. City Attorney Candice Settle said in time definitions could be added. City Planner Joe Hurst agreed saying that initially they were just trying to get the existing park and codes taken care of. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council Member Swaim and seconded by Council Member Petty to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Wood, Sparkman, Kneeland, Petty, Moore and Swaim.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 12-2018 • ORDINANCE NUMBER 12-2018 CONTINUED .451,VP V ,o ,Pat .no Atar .a » • ORDINANCE NO.L2,-2010 BE IT ENACTED BY THE CITYIT COUNCIL,FOR THE CRY OF VAN BUREN, FN ARKANSAS AN ORDINANCE TO BE ITTLED: AN ORDINANCE TO AMEND ORDINANCE NO.25-1997,TO ADD RECREATIONAL(RV)PARKS AS CONDMONAL USES IN CERTAIN ZONES,AS SPELIBI.D IN THE CITY OF VAN BUREN PERMITTED AND CONDITIONAL USE LEGEND;AND FOR OTHER PURPOSES. ' WHEREAS, the City adopted Ordinance No.25-1997 to provide for regulations for the granting of . • conditional uses width,established zones;and WHEREAS, the Van Buren Planning Commission met on May 1,2018,and voted unanimously to • recommendrcmmend the proposed changes to the Conditional Use Legend. • NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF _ THE CITY OF VAN BUREN,ARKANSAS,THAT: OEC ION I. Ordinance No.25-1997 shall be amended as follows: City of Van Brom • Remained and Conditional Use Legend X=Pe®.od Use _ _ _ B • I. C=Conditional Use(must be approved by — — — : —i l . — d planning commission) — — — — _ V c tae a.drd.eaa X X X X nmamy...ana, x x C auntie**seam X C Ova C C C CXCCCC se..tmmaaamnaleda.aamnn x x x CCCCC 'mart X X x CCCCC WW1.MOM M1 rin. ran X X X C CCCCCX Marie cloa m coadvcred form. X X X CCCCCC mmaaalnomr or raw^*h'm x X x C CCCCCC •-. ,as.aaans md.wannm la..nadmlmm.n X 5 5 X sal um Oa..OM,*as C S S C C C C C C S sadamaras 554.4 m Omni day an C X x C CCCCCC ampta w,mawnn,Mem.den LOao,ma C C C C % S x S S ' aam o.m X aaaa.a.a.ana aon . ....<n...ar 5 x a,awaa....mmrm .,. .,aas/raw, x c CS w.lm' n ,.n*My stem wr.rruses,a*aaw..m,m loam term ter t..aa me was X X CCX em. a.ntn000a mm by roma am.., n el eane., X CCCX - Prname anar,arm ams.Mtler am ....all.ear wrart....5.5 X CCC % liarrarema 54+1 nm,.amm'""'a'oaroa X C C C % as e...wka:.ank war.•saman,es.a* ar X % CCX nIn tw M.at mita tone mirk Inn ft amt or,a..i nmm'•'°wr oma CXCCC • I.m.mam.aa.momdaa namons a.dwta n CX X C ara..dame p,wamw,.a..roteu.srarm.a stns.mare ansa 1.51.1411.1,....e u mmm„ael nett Mat reler,ribrallms matosad maeraal.w.n et.Www a.. mama el m.rot MVI CCX X C lrmar....maer CCX x C user.* S.anwa,rm.dlonV.. tram W rale.time„,,dab ramrst,m mmm,n,v n4, • nations ssd.,awaanaom.m,Mara a amr r.aangwm to to X X adm.ia lwla.am of I.ma n.002 ea lora 5..5 41) In Menem City of Van Buren Pined and Conditional Use Legend • X=Remained Use L • C=Conditional Use(must be — P Y — — B d approved by planing commission) _ — — — E E — a a a a a a c 1 n 1.mda amae et M.,raw meta.an.um Ce % Men..m,.a a.m.m.maaamw..a Awesrteaamm mata.wa.bm.mmV o t,er,a,.,.ln.rata ls ter.... Paaseamlmramw X Nara°w°a"'lmas C c c c C r.rem C .,C c c bar Pre beec c c sti,a�ame...raa..n.a.am maea,..aemm x lv.w.tm7 Pam c t c EECRON 7 The verions provisions and puts of this Ordiomce me hereby declared to be _ severable,sod,if any section or put of a section,or any provision or part of a provision herein,is declared to be unconstitutional,i appropdete,or invalid by any conn of competent jurisdiction,such holding shall not invalidate or affect the remainder of this Ordiomce and to that extent the provisions hereto • ere declared to be severable. IN WITNESS WHEREOF,the City of Van Bunn,Arkansas,by its City Council,did pass, approve,and dot by a vote of(a for and Q against,the forego durance at its regular meeting •- held onthe 21aday ofMay 2018. Ma. • ATTESTED: P� 2 ,�� P6 Thomas Candi•R7:le City Clerk/Treasurer City Attorney • On the agenda next was to consider AN ORDINANCE AUTHORIZING LONNIE AND MINDY LONDON 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 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. Mr. Lonnie London introduced himself to the council. Council Member Alan Swaim asked if they will be serving food. Mr. London replied yes,pizza and appetizer style foods. 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 Wood, Sparkman, Kneeland, Petty, Moore and Swaim.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 13-2018 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO.La-2018 BE 1T ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE AUTHORIZING LONNIE AND MINDY LONDON 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, Lonnie and Mindy London have presented to the City of Van Buren,Arkansas,for consideration an application for a Private Club Permit for a business to be knogm as"The Vault 1905 Sports Grill";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 Lonnie and Mindy London to proceed with such petition before the Alcoholic Beverage Control Division. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION I: The application submitted by Lonnie and Mindy London 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 !.o for and 0 against,the foregoing Ordinance at its regular meeting held on the 21's day of May 2018. - Robert D. Mayor ATTESTED: APPRO _NAN ORM: Phyllis omas Candice A.Settle City Cleric/Treasurer City Attorney • 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 $1,742,271.17 to pay expenses and salaries for April 2018,presented by the clerk. The Council followed with a unanimous vote. ;, • ars. 5-04-2018 11:42 AM C I T Y OF VAN BORE N PAGE: 1 �............. TRI1ltIIANCES AS OF: APRIL 30TH, 2018 10 -General Fund "' MONTH TO DATE "' ... YEAR TO DATE '•" - ACCT4 ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS ASSETS 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 38,285.86 130,795.54 0 1020.01 Cash In Bank-Ins. Reimb. 89,535.12 8,330.49 , 1020.03 Cash In Bank-ASP's&Walmart Gra 0.00 79.24 0 •* 1020.04 Veterans' Memorial-Act 934 0.00 0.00 1020.05 2009 Byrne Recovery Grant 0.00 0.00 • 1020.06 2009 Byrne Grant 0.00 0.00 1 ,273,45,d-35+ 1020.07 2007 Byrne Grant 0.00 0.00 93'478•28+ I 1020.08 Cash in Bank- Storm Damage 0.00 0.00 214•38+ - 1020.09 District Cout Grant-Mediation 0.00 25.00 G 375'119. 16+ 1020.10 Cash in Bank-HDC 0.00 1,793.34 d 1020.11 Cash in Bank-KVBB 0.00 2,420.00 1 ,742,271 •17 t 1020.12 Emergency Management Fund 0.00 0.00 1 1020.13 Cash In Bank-ACT 833 0.00 88,727.37 0-* 1020.14 Court Automation-District 4,251.76 56,959.78 E. 1020.15 Cash in Bank-ACT 1314 0.00 0.0D . 1020.16 AR Dept of Rural Services 0.00 0.00 1020.17 New Police Dept 0.00 0.00 E 1020.18 Cash in Bank- PD Co Tax 18,474.07 19,866.41 Eh j 1020.19 Cash in Bank- FD Co Tax 31,501.93 182,450.52 1020.20 Cash In Bank-Erosion Control 775.00 25,250.00 1020.21 Cash in Bank-CPAcademy 0.00 0.00 11, I 1020.22 Cash In Bank-PEG Grant0.0010,000.001 1020.27 Cash in Bank- Levee 0.00 9,239.93F1020.28 Marina Repairs0.00 10,495.60 t1 1020.29 Property Maintenance-Scrap 0.00 0.00 .1020.30 Field of Dreams-Equipment 789.23 6,734.59 1020.31 Cash in Bank- Parks 6 Rec0.00 0.00 1020.32 GIF 0.00 0.00 666 F. 1020.33 Cash in Bank-Yard Waste 4,781.33 268,002.91 pt 1020.34 Cash In BankPublic Facilities 0.00 671.86 F! 1020.35 Cash In Bank-Jail 16,627.30 0.00 E; 1020.36 Cash in Bank-Property Cleanup 0.00 14,593.74 € ;j 1020.37 Probation 6,758.03 40,645.68 €€€ `. 1020.51 Cash in Bank-Cemetery 218.17 1,706.03 1020.52 Cemetery-Donations 0.00 32,000.00 1020.60 Cash In Bank-Reserve 210,638.90 210,638.90 1 1020.80 Cash in Bank-KOH 535.59 535.47 [ 1020.91 Cash in Bank-Cap Imp 18,061.71 949,686.45 - r €I 1040 Investments 0.00 0.00 '• re fl 1040.10 Investments - Sales Tax City 0.00 0.00 ttt666 ; 1040.18 Investments - PD Co Tax 0.00 0.00 '1 1040.19 Investments - FD Co Tax 0.00 0.00 41 1040.27 Investments - Levee 0.00 0.00 A 1040.31 Investments - Parks t Rec 0.010 0.00 . 1040.51 Investments - Cemetery 0.00 38,752.59 @ p' 1040.91 Investments -Cap Imp 193.67 380,257.12 €p t €: I f i i Next on the agenda was Boards and Commissions. The Van Buren Planning Commission recommended the re-appointment of Andy Dibble and Jay White to another three year term. Council Member Petty seconded by Council Member Sparkman made a motion to grant the nomination. The Council followed with a unanimous vote. The Historic District Commission recommended the re-appointment of Cathy Gifford to another three year term. Council Member Sparkman seconded by Council Member Moore made a motion to grant the nomination. Mayor Freeman then introduced Mr. Chad Parley, owner of"Crazy Cajun-Mex restaurant at 700 Main Street. 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. Debbie Guise, resident of 201 Walnut appeared before the council to report a problem with dog bites and attacks. Council Member Swaim asked to devise a study on this for the next meeting. Chief Hammond offered to meet with Officer Gunter and Mrs. Guise to further discuss this issue. Mayor Freeman noted briefly the following dates and events: June 13-15, Municipal League Convention; June 25th, next council meeting; May 31St, Chamber Expo; and July 4th, fireworks at the Field of Dreams. There being no further business, motion was made by Council Member Petty and seconded by Council Member Wood to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 6:21 p.m. A STED: AP' ' ;VE -r.1L,Q/N�cz1 _ __�• 111Wir.*._-_ . �. CI CLERK-TREASURER MAYOR