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08 August 2018 Regular MINUTES OF THE VAN BUREN,ARKANSAS CITY COUNCIL MEETING AUGUST 27, 2018 The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, August 27, 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 Sparkman, Kneeland, Petty, Moore and Swaim. City Clerk-Treasurer Phyllis Thomas and City Attorney Candice Settle were present. Council Member Wood was absent. This made a total of eight(8) present. A quorum was declared. The invocation was given by Van Buren School District Educator, Mike Kneeland. Mr. Kneeland then led the Pledge of Allegiance. Mayor Freeman recognized Mr. Dillon Man for his heroic efforts during a recent apartment fire. Mayor Freeman then asked to adopt the minutes of the Regular Council Meeting on July 23, 2018. Council Member Swaim made a motion to approve the minutes. Council Member Moore seconded the motion. On roll call, the following Council members voted aye: Council Member Petty, Moore, Swaim, Sparkman and Kneeland. The following voted nay: none. On the agenda next was to consider A RESOLUTION TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE VAN BUREN PUBLIC SCHOOL DISTRICT; AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman noted that we will provide the equipment and training and the school district will provide funding for the personnel costs. Council Member Petty seconded by Council Member Sparkman moved that the Resolution be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes—Council Member Petty, Moore, Swaim, Sparkman and Kneeland. 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 City Clerk then swore in the new officers. THE RESOLUTION WAS GIVEN THE NUMBER 8-1-2018 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. b - -2018 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION TO ENTER INTO A COOPERATIVE AGREEMENT WITH TELE VAN BUREN PUBLIC SCHOOL DISTRICT; AND FOR O[HER PURPOSES. WHEREAS, it is the intention of the Van Buren Police Department and the Van Buren School District to maintain collaborative efforts to provide a safe and healthy school environment for the students,sta f faculty,and visitors. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS,[HAT: SECTION 1: The City Council hereby authorizes the Van Buren Police Department,through its Chief of Police,to enter into the attached Cooperative Agreement with the Van Buren Public School District for the providing and funding of School Resource Officers within the Van Buren Public Schools. 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 Resolution at its regular meeting held on the 27th day of August 2018. Robert14.16 -'7111/4, Mayor ATTESTED: . •' •O DO Phylasliaomas -A. City Clerk/Treasurer City Attorney 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. There was none. Council Member Kneeland seconded by Council Member Petty moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Petty, Moore, Swaim, Sparkman and Kneeland. 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 8-2-2018 CITY OF VAN BUREN,,ARKANSAS RESOLUTION NO. 0 - a.-2018 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 CLERIC 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 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 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 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 $24,062.00 2010 Ford Crown Victoria Sedan PD-687 VIN#2FABP7BV5AX102912 Police Department $1,500.00 MPH Python Radar Unit PD-355 S#PYT380000484 Police Department $5.421.60 Watchguard Video System PD-694 S#DV 10-133727 Police Department $22,711.00 2009 Ford Crown Victoria PD-659 VIN#2FAHP71 V5X111083 Police Department $5,265.00 Watchguard Mobile Video System PD-655 S#DV10-124324 Police Department $1,663.08 MPH Python Radar Unit PD-654 S#PYT546006472 IN WITNESS WHEREOF,the City of Van Buren, '-*n.. ,by its City Council,did pass,approve,and adopt,by a vote of 5 for and C)against the foregoing R=.oluti en at its regular a--ting held on the 27"'day of August 2018. 11111116. -Z Roeert< .aaIll.11 Mayor ATTESTED: ' 12O 0,41111110 F• : Phy Tomas Candice A.Settle City Cleric/Treasurer City Attorney On the agenda next was to consider A RESOLUTION SETTING A PUBLIC HEARING DATE FOR ABANDONING A PUBLIC ALLEYWAY IN THE .....--:'-',Ir''''''''.1'''' BOUREN 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. There was none. 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 Petty, Moore, Swaim, Sparkman and Kneeland. 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 8-3-2018 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.8 -a-2018 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 ALLEYWAY IN THE BOUREN ADDITION INSIDE 1H.H, CITY OF VAN BUREN, CRAWFORD COUNTY, ARKANSAS. - WHEREAS, David Benham,represented by Satterfield Surveying,has petitioned the City Council of Van Buren,Arkansas,to vacate and abandon the public Alleyway along certain lots inside the Bouren Addition more particularly described as follows: Description of Existing 20.00 Foot Alleyway '- Part of an alley between Lots 1 and 2 and the North 40.00 feet of Lot 3,and Lot 20,Block 17,Amended Plat of the Bowen Addition to the City of Van Buren, Crawford County,Arkansas,being more particularly described as follows: Beginning at an existing rebar marking the Northeast Corner of Lot 20,said point being on the South Right-of-Way line of Harrison Street Thence along the North Line of Block 17 and the South Right-of-Way line of Harrison Street,South 86 degrees 59 minutes 52 seconds,East,20.00 feet.Thence leaving the North line of said Block 17 and the South Right-of-Way line of Harrison Street,along the West lines of Lots 1 through 3,South 02 degrees 20 minutes 05 seconds West, 140.00 feet to a set rebar with cap.Thence leaving the West line of Lot 3,North 86 degrees 59 minutes 52 seconds West,20.00 feet to an existing rebar,said point being the Southeast Corner of Lot 20.Thence along the East line of said Lot 20,North 02 degrees 20 minutes 05 seconds East,140.00 feet to the Point of Beginning containing 2,800.00 square feet and subject to any Easements of Record and WHEREAS, all'of the property owners and adjacent property owners being affected by this Alleyway abandonment have consented by signed petition;and '- WHEREAS, the City Council of Van Buren,acting under the authority of A.CA. 14-199-103 and ACA.14-301-302,has the authority to vacate public alleyways 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 September 24,2018,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 alleyway 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 bear said Petition. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, Iii approve,and adopt,by a vote of for and t-,against,the foregoing Resolution at its regular meeting held on the 27ib day of August 2018. t �-1 Robert reg Ma ATTESTED: • 'PRO %AS TO OI,•. Wri"."00.-..-- ./ .'7A Sd714/� Ph " Thomas (_. Settle City ClerklTreasurer City Attorney On the agenda next was to consider A RESOLUTION ADOPTING A REVISED INCENTIVE PAY PLAN FOR THE EMPLOYEES OF THE CITY OF VAN BUREN,ARKANSAS, AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman said that this came about through discussion with Police Chief Jamie Hammond about a field training officer incentive as well as a language incentive. After talking about it with other department heads it was decided to update and put into writing all the current incentive pay schedules as well. Council Member Jim Petty asked if we have any employees currently that would benefit from the language incentive. Police Chief Hammond replied that there are approximately 3 in his department and maybe more across the city. Council Member Petty 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 Petty, Moore, Swaim, Sparkman and Kneeland. 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 8-4-2018 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. R -4 -2018 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION ADOPTING A REVISED INCENTIVE PAY PLAN FOR THE EMPLOYEES OF THE CITY OF VAN BUREN, ARKANSAS,AND FOR OTHER PURPOSES. WHEREAS, the City Council approved incentive and longevity pay plans for employees by passage of Resolution No. 3-06-1985,Resolution No. 12-04-2003 and Resolution No. 12-01-2006;and WHEREAS, it is the desire to of the City Council to revise the incentive and longevity pay plans with the belief that the revision will benefit both the employees and citizens of the City of Van Buren,Arkansas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS, THAT: SECTION 1: The incentive and longevity pay plans for employees of the City of Van Buren, Arkansas adopted pursuant to Resolution No. 3-06-1985, Resolution No. 12-04- 2003 and Resolution No. 12-01-2006 is hereby abolished and replaced by the Comprehensive Pay Incentive Program attached hereto. SECTION 2: All current employees shall receive a copy of the revised policy. SECTION 3: The new program shall go into effect immediately upon passage of this Resolution. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did pass,approve,and adopt,by a vote of S for and O against,the foregoing Resolution at its regular meeting held on the 27th day of August 20 . Robert D' --.•., �'-"` Mayor ATTESTED: AP' •0 ,i.AS I FORM: Q____ illb. - , Ph s Thomas Candice A. Settle VIP 1 City Clerk/Treasurer CityAttorney Y On the agenda next was to consider A RESOLUTION APPROVING THE FINAL PAYMENT FOR VETERANS MEMORIAL PLAZA,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 primary reason for the change orders were adding electrical outlets to the bottom of the poles, porcelain tile covering the seal pillars, and final dirt work. 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 Petty, Moore, Swaim, Sparkman and Kneeland. 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 8-5-2018 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.g _5 -2018 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION APPROVING THE FINAL PAYMENT FOR VETERANS MEMORIAL PLAZA,AND FOR OTHER PURPOSES. WHEREAS, Crawford Construction Company acting as the Construction Manager for the City of Van Buren, Arkansas advertised for bids for construction of a new park within the City;and WHEREAS, the City Council approved the Mayor entering into a construction contract with Crawford Construction Company and other contractors in the amount not to exceed$683,640.00 by Resolution#10-01-2017;and WHEREAS, the City's final payment schedule increased the total amount of the contracts by$32,752.84. NOW,THEREFORE,BE IT RESOLVED BY 1'Hl.CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The City of Van Buren,Arkansas accepts and approves the total payments of $716,392.84 to Crawford Construction Company and various contractors as attached. 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 new Veterans Memorial Plaza and to execute all documents necessary to effectuate said changes. IN WITNESS WAFREOF,the City of Van Buren,Arkansas,by its City Council, did pass,approve,and adopt,by a vote of S for and O against,the foregoing Resolution at its regular meeting held on the 27th day of August 2018. Aft& - `Z Robert el- reeman Mayor ATTESTED: AP'ROVE Al • e F e • • Phy is Thomas an ce A.ettle 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. Council Member Moore 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 Sparkman moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Council Member 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. City Attorney Candice Settle, on behalf of the Planning Commission, briefly discussed that the reasoning for this and the ordinance following are to appropriately classify the use of the property in an effort to accommodate the property owner, but also not cause any spot zoning issues. Council Member Petty asked about the ability for transitional zoning. City Attorney Settle replied that she believes the R-3 zoning is an appropriate classification because that property is being used as a residence. Mr. Kyle Salyer with Hawkins Weir stated the reasoning transitional zoning was not recommended is because the mortgage companies would not allow them to obtain financing if it was not zoned residential. 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 Petty, Moore, Swaim, Sparkman and Kneeland. 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 Council Member Petty and seconded by Council Member Swaim, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Petty, Moore, Swaim, Sparkman and Kneeland. 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 18-2018 ORDINANCE NUMBER 18-2018 CONTINUED CITY OF VAN BUREN,ARKANSAS ORDINANCE NO. 0-2018 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.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 IHN, CITY OF VAN BUREN, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. 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 City.of Van Buren has adopted the Zoning Ordinance for the City of Van Buren (Ordinance No.7-1963);and • WHEREAS, a request has been made by Tim and Cathy Organ,to rezone certain property within the city limits of the City of Van Buren;and WHEREAS, notice of a Public Hearing was duly published in the Southwest Times on August 8, 2018,and a public hearing was conducted as required by law(A.C.A§14-56-422)on August 23,2018;and 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: Property Zoned New Zoning C-2(Thoroughfare Commercial District) R-3(Multi-family Residential District) Legal Description: PTEI2N/2NW/4SF14 Section 12,Township 9 North,Range 32 West,Van Buren, • Crawford County,Arkansas,being more particularly described as follows: Layman's Description 610 Baldridge Lane,Van Buren,Arkansas ;and WHEREAS, the proposed rezoning herein was recommended by a majority vote of the entire Planning Commission,in accordance with A.CA.§14-56-422. NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY 1HP,CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: 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. SECTION 2: In order to preserve and protect the public health,safety,and welfare of the City of Van Buren,au emergency is hereby declared to exist and this Ordinance shall take full force and effect upon its approval. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of for and O against,the foregoing Ordinance at its regular meeting held on the 27a day of August 2018. Robert D. Mayor _ ATTESTED: .43 \�i1 � 'O• :11, _� Phy lis Thomas andice A Settle City Clerk/Ireasurer 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. 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 Petty. 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 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. There was none. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council Member Swaim and seconded by Council Member Moore to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Petty, Moore, Swaim, Sparkman and Kneeland. 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 Council Member Petty and seconded by Council Member Swaim, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Petty,Moore, Swaim, Sparkman and Kneeland. 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 19-2018 ORDINANCE NUMBER 19-2018 CONTINUED CITY OFIffAN BUREN,ARKANSAS ORDINANCE NO.J-2018 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.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; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES • 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 City of Van Buren has adopted the Zoning Ordinance for the City of Van Buren (Ordinance No.7-1963);and WHEREAS, a request has been made by Hawkins Weir Engineers to rezone certain property withini the city limits of the City of Van Buren;and WHEREAS, notice of a Public Hearing was duly published in the Press Argus Courier on July 18, 2018,and a public hearing was conducted as required by law(A.CA§14-56-422)on August 23,2018;and WHEREAS, ase 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: )'rnnertv Zoned New Zonioe - C-2(Thoroughfare Commercial District) R-3(Multi-family Residential District) Lenel D seri t on' Part of the Northwest quarter(Na''A)of the Northwest quarter(NW A)of the Southeast quarter(SE'A)Section 12,Township 9 North,Range 32 West,Van Buren, Crawford County, Arkansas, being more particularly described as • follows: Beginning at the Northwest Corner of the East half of the NW'of the NW'A of • the SE'A;Thence S89degree30feet East,along the north line of said East V2,177.0 feet;thence S02 degree 46 feet East,a distance of 222.3 feet;thence South 89 degree 29 Poet East a distance of 148.9 feet;thence South 01 degree 28 feet East a distance of 437.7 feet thence North 89 degree 30 feet West a distance of 311.0 feet;thence North 01 degree 28 feet West a distance of 250.5 feet; thence South 88 degree 32 feet West a distance of 134.94 feet;thence North 01 degree 28 feet West a distance of 250.0 feet thence North 88 degree 32 feet East a distance 47.0 feet thence North 01 degree 28 feet West a distance of 160.0 feet to the north line of the West half of the Northwest'A of the Northwest'of the _ Southeast'A of said section;thence along said north line North 88 degree 32 feet • East a distance of 68.0 feet to the point of beginning,containing 219,104 square feet or 5.03 acres more or less,subject to existing right of ways. - Layman's Description 2320 Fayetteville Road,Van Buren,Arkansas WHEREAS, the proposed rezoning herein was recommended by a majority'vote of the entire Planning Commission,in accordance with A.C.A.§14-56-422. NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The above-described property is hereby rezoned from C-2 to R-3 and the Van Bums Zoning Map is amended to reflect this rezoning. SECTION 2. In order to preserve and protect the public health,safety,and welfare of the City of Van • Buren,an emergency is hereby declared to exist and this Ordinance shall take full force 1 __ and effect upon its approval. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, - approve,and adopt,by a vote of_F for and against,the foregoing Ordinance at its regular meeting held on the 27'day of August 2018. Ro art Mayor ! ATTESTED: AP •D a• TO FORM: �1 ,J,'� /�� f 7�,����� _. Imo"% !"111.9 U re i7 A�7 ^-"-"� /ill Phy-lrs Thomastt __ Candi A.Srle City Clerk?reanrrer i Attorney Next on the agenda was the Financial Statement. Motion was made by Council Member Swaim and seconded by Council Member Kneeland to appropriate the sum of $1,402,846.76 to pay expenses and salaries for July 2018,presented by the clerk. The Council followed with a unanimous vote. • 8-09-2018 11:26 AM CITY OF VAN BUREN PAGE: 1 �_ -cE a:. .....-...-------""":4AS OF: JULY 31ST, 2018 10 -General Fund "` MONTH TO DATE "` . YEAR TO DATE ACCTX ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS 4 14 ASSETS O •1- 1000 Petty Cash 0.00 200.00 .y 1020 Cash in Bank 31,942.57 206,450.91 1020.01 Cash In Bank-Ins. Reimb. 1,560.43 13,110.92 0 1020.03 Cash In Bank-ASP'sawalmart Gra 0.00 79.24 • 1020.04 Veterans' Memorial-Act 934 0.00 0.00 _ i. 1020.05 2009 Byrne Recovery Grant 0.00 0.00 1020.06 2009 Byrne Grant 0.00 0.00 I G .� 0 = 1020.07 2007 Byrne Grant 0.00 0.00 I '2 2 3• C'[I+ 1020.08 Cash in Bank- Storm Damage 0.00 0.00 1055,5 7 i . 7 1020.09 District Cout Grant-Mediation 0.00 25.00 I ,4002 ,E 46.76 n' 1020.10 Cash in Bank- HDC 117.64 146.68 1020.11 Cash in Bank-KVBB 3,500.00 5,920.00 5 1020.12 Emergency Management Fund 0.00 0.00 O 1020.13 Cash In Bank-ACT 833 0.00 88,727.37 A . 1020.14 Court Automation-District 467.04 53,183.24 e' 1020.15 Cash in Bank-ACT 1314 0.00 0.00 1020.16 AR Dept of Rural Services 0.00 0.00 t 1020.17 New Police Dept 0.00 0.00 1020.18 Cash in Bank - PD Co Tax 22,726.51 22,918.78 1020.19 Cash in Bank - FD Co Tax 57,270.84 113,993.34 1020.20 Cash In Bank-Erosion Control 150.00 25,675.00 ▪ 1020.21 Cash in Bank-CPAcademy 0.00 0.00 - 1020.22 Cash In Bank-PEG Grant 0.00 0.00 1020.27 Cash in Bank - Levee 2,700.00 11,289.93 1020.28 Marina Repairs 0.00 10,495.60 __ 1020.29 Property Maintenance-Scrap 0.00 0.00 ▪ 1020.30 Field of Dreams-Equipment 0.00 6,734.54 1020.31 Cash in Bank - Parks & Rec 0.00 0.00 - 1020.32 GIF 0.00 0.00 f. 1020.33 Cash in Bank-Yard Waste 3,442.93 269,373.49 i+ 1020.34 Cash In BankPubllc Facilities 0.00 671.86 ri 1020.35 Cash In Bank-Jail 0.00 0.00 '. • ! 593.79 E,, 1020.36 Cash in Bank-Property Cleanup 0.00 14, 1{:' 1020.37 Probation 3,256.03 52,295.52 ,,a 1020.51 Cash in Bank - Cemetery 14.25 2,125.10 fir, li 1020.52 Cemetery-Donations 0.00 32,000.00 (- 1 1020.60 Cash In Bank-Reserve 0.00 270,638.90 3p3p1 1020.80 Cash in Bank-KOH 284.38 484.38 4� 31 1020.91 Cash in Bank - Cap Imp 15,360.67 893,733.93 [:_ I f 1040 Investments 0.00 0.00 - Y 1040.10 Investments - Sales Tax City 0.00 0.00 r,- 1040.18 Investments - PD Co Tax 0.00 0.00 , 1040.19 Investments - FD Co Tax 0.00 0.00 A i1040.27 Investments - Levee 0.00 0.00 w 4 ` 1040.31 Investments - Parks & Rec 0.00 0.00 1040.51 Investments - Cemetery 4 0.00 38,752.59 1040.91 Investments - Cap Imp 187.71 380,826.23 fl 1 : Next on the agenda was Boards and Commissions. The Van Buren Municipal Auditorium Commission recommended the re-appointment of Carole Williamson to another term. Council Member Sparkman seconded by Council Member Petty 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. Mayor Freeman recognized Council Member Jim Petty for being selected as the ADEC Volunteer of the Year. Mayor Freeman then reviewed the legislative audit report with the council, which is going before the audit committee next week. The three findings were as follows. First, segregation of duties which occurs nearly every year because we don't have the man power. Secondly, tuition assistance in which an officer was paid by us for tuition but also received grants and they are not allowed to do both per our auditors. Once it was discovered, the officer was down here the next morning to repay the city. We have also suspended the tuition assistance policy until further notice. Lastly,per diem paid to the former city clerk in which case she received both reimbursement from the committee she served on as well as the city. Council Member Jim Petty asked why this showed up on our audit instead of the Arkansas Municipal League's audit. Mayor Freeman replied that Legislative Audit does not audit the Municipal League but they do audit us. Council Member Alan Swaim asked what the city's repercussions from this incident will be. Mayor Freeman stated more like a"slap on the wrist". City Attorney Candice Settle asked how this was discovered. Mayor Freeman replied they cross reference the state agencies and she was on a board. Mayor Freeman stated that Legislative Audit spent about three months with us and this was their only findings to which we already have made corrective actions to. There being no further business, motion was made by Council Member Sparkman and seconded by Council Member Petty to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 6:37 p.m. A ESTED: • ' D CI CLE -TREASURER MAY